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HomeMy WebLinkAbout015 78 P.ESOLUTION NO. 15 --78 PERSONNEL POLICY SECTION I - PREAMBLE 1.1 Purpose. The objectives of this policy are to: (a) Facilitate efficient service to the publici and, (b) Provide equitable personnel management policies for all county employees. 1. 2 Scope. These policies shall apply in all circumstances to all appointed county employees except: (a) Where these policies conflict with collective bargaining contracts and agreements clearly agreed upon between authorized employee organizations or unions and the county, those contract and agreements shall prevail; and, (b) Where these policies conflict with any authority vested by state law in an elected official of county government, the state-mandated authority of the elected official shall prevail. SECTION II - DEFINITION OF TEm1S 2.1 County. The County of Jefferson, a municipal corporation. 2.2 Continuous Service. Errployment without interruption except for brief leaves of authorized absence. 2.3 Department Head. Elected and appointed officials. 2.4 Dismissal. The discharge of an employee from employment with the County for just cause. 2.5 Examination. Examination refers to any device or procedure used in the selection process to measure applicant's abilities and suitabilities for a position. This includes but is not limited to oral interviews, written tests, perfonnance tests, evaluation of perfonnance during probation and scored evaluation of education and experience. 2.6 Just Cause. Cause, supported by substantial evidence, for a superior to take disciplinary action against a subordinate employee. -I- I I!"-~~ . ..,dy. "",:n.-r:" 'lr~ W. .ll ,.L-A.-f'-!"" '01 -r-'r~-.~ 2.7 Layoff. Termination of an employee because of lack of funds or lack of work. 2.8 Part-Time Regular Position. A position in which th~ employee regularly works less than thirty- five (35) hours per week but not less than twenty (20) hours per week, or a minimum of eighty (80) hours per month. 2.9 Part-Time Non-Regular Position. A position in which the employee regularly works less than twenty (20) hours per week. Fringe benefits shall not be available to those working in a part-time, non-regular position. 2.10 Terrp:>rary EmplOyment. Employment which meets short-term needs or is seasonal in nature. Temporary employment of an individual shall not exceed four (4) months in anyone year. Fringe benefits shall not be available to temporary employees. 2.11 Permanent App:>intment. The appointment of a person to a perrnanent position upon successful corrpletion of probation, when applicable, which signifies satisfactory performance in a permanent position to which the employee is assigned. 2.12 Permanent Employee. An employee who has successfully canpleted a probationary period of six (6) months in a permanent position. 2.13 Probation. A working test period of up to six (6) months during which an employee is required to demonstrate his ability and capacity to perform the duties of the position to which he has been appointed. 2.14 Reinstatement. Return of an employee to his former position in the service of the County within one (1) year after layoff or at any time after successful appeal of a suspension, demotion or dismissal. 2.15 Suspension. A temporary reITOval fran duty with or without pay of an employee for disciplinary purposes or for the purpose of investigating accusation brought against an employee. 2.16 Temporary Appointment. The appointment for a limited period of a person to a position in a higher class occupied by a permanent appointee on suspension; or to a position in a higher class occupied by a probationary or permanent employee who is on authorized leave of absence; or a position for which a vacancy exists. 2.17 Termination. Separation fran employment with the County. 2 . 18 Unifo:rmed Employees. Employees who are duly sworn officers of the County Sheriff's Department and who are under the State mandated Civil Service System of the County (RaV Ch. 41.14) . -2- '("1l_ :!. "h)"'r; r.:' ~~~ SECTION III - C~RAL POLICIES 3.1 Recruitment. In general, new employees will be hired from the list of persons who have expressed a desire for employment by filing an application for employment in a manner prescribed by the elected department head or, where the department head is an appointed position, by the County Commissioners. Selection for employment shall be based solely upon the basis of merit, fitness and ability to perfonn the required duties. Jefferson County is an Equal Opportunity Employer and the provisions of this document shall be construed in a manner to give effect to the County's AffiDnative Action Plan. 3.2 EITl?loyment. Elected department heads shall, wi thin the scope of the established budget, employ all personnel for their respective offices. Employment for those offices having an appointed o.epartment head shall be made by the County Conmissioners. 3.3 Probationary Period. All employment with the County shall be probationary during the first six (6) months of such employment. If during the probationary period the employee's perfonnance does not meet the standards estab- lished by the department head or by this document, or if it is otherwise deemed advisable to tenninate the probationary employee's employment, that employee may be tenninated without any requirement for cause. A probationary employee shall have no right to appeal his or her tennination. 3.4 Promotions. It is the policy of the County to fill vacancies, insofar as consistent with the best interests of the County, by prorroting pennanent employees. Appointments to a higher employee classification will be made on a CCllTpetitive basis by the appropriate elected department head or, where the department head is an appointed position, by the County Conmissioners after reviewing the recarmendations of the appointed department head. An employee who is promoted shall hold the new position of employment as a probationary employee for a period of six (6) months. At the end of six months, the employment beCOttES pennanent if the pranoted employee has perfonned satisfactorily. If the prorroted employee does not perfonn satisfactorily, the employee shall be given his previous job classification. Any position filled by one replacing an employee who has been pranoted will be placed in that position on a probationary basis regardless of whether they are newly employed or a pranoted County employee. 3.5 Political Activity. The rules governing political acti vi ties of employees shall follON the provisions of Revised Code of Washington 41. 06.250. No employee shall be tenninated solely on the basis of membership or non-membership in a particular pOlitical party. 3.6 Outside Employment. It is the policy of this County to provide its citizens the most efficient and effective service possible within the bounds of County finances. To foster this policy, County employees shall not engage in employment other than his County job or if such employment interferes with the efficient performance of the County job or constitutes a conflict of interest or would result in a poor public image for the County as detennined by the elected department head or, where the department head is an appointed position, by the County Conmissioners. 3. 7 Part-Time and Temporary Employees. Fran time to time it may be necessary to hire part-time or temporary employees. Such employees shall be paid on an hourly basis. \JI'\! - . ."" ~- &,n ',~',.J'T4 it' l.Hl" Y~I a''''''.~ SECTION IV - BASIC COMPENSATION 4.1 General. Salaries are set in the annual budget approved by the County Carmissioners. Generally, e:rrployee salaries will not be reduced from year to year unless so dictated by sound fiscal policies and budgetory constraints. 4.2 Pay Period. Employees shall be paid Il'Onthly on the last working day of the month or as authorized by the County Coomissioners. Probationary e:rrployees who have worked less than a full month and pennanent employees who have missed ~rk and used all accumulated vacation and sick leave pay. will be paid for the time they actually worked at the hourly rate of pay for their position. The hourly rate of pay shall be corrputed by dividing their Il'Onthly salary by the nmnber of hours to be worked by an employee in that position. 4. 3 Part-Time and Temporary :Employees. Part-time and temporary employees shall be paid on an hourly basis. 4.4 Probationary Employees. Upon initial appointment or pranotion to a position, an employee shall receive the minimum salary for the class to which the position is allocated. After the employee canpletes the six month probationary period, the elected department head or, where the depart:.rrent head is an appointed position, the County Ccmnissioners may adjust the e:rrployee's salary upwards; provided the increase is within the department's approved budget. 4.5 Longevity Pay. Employees shall receive longevity pay as follows: (a) o - 5 years (b) 6 - 10 years (c) 11 - 15 years (d) 16 - 20 years (e) 21 years & over Percentage of Increase o 2% +2% +2% +2% The anniversary date for all employees for detennining longevity pay shall be January 1. My employee corrmencing employment during the first six (6) Il'Onths of any calendar year shall have an anniversary date of January 1 of the year of employment. MY employee corrmencing e:rrployment on or after July 1 shall have an anniversary date of January 1 of the next year. Longevity pay is based upon continuous service from the date of county e:rrployment. My separation from county employment and re-employment rrore than thirty (30) days later shall establish the anniversary date based on the date of re-anployment. 4.6 Mileage Reimbursements. Employees shall be reimbursed rronthl y for authorized required use of private vehicles at a rate established by the County Ccmnissioners. Elected department heads or, where the department head is an appointed position, the County Ccmnissioners shall establish procedures and policies to control the use of private vehicles for county business. As a standard procedure reimbursement for mileage is authorized only when an enployee is perfonning his or her duties as a county employee and a county vehicle is not available to that e:rrployee. The rate of reimbursement shall be set annually by the County Carmissioners. VOL A -4-, ,,~:,'A. -q Ht~;t1"';'~ j i 371 4.7 Overtime Com~sation. Personnel shall start work at a fixed time each morning unless notified differently and shall work according to a fixed schedule established by the elected department head, or where the department head is an appointed position, by the County Ccmnissioners. In the event that the employee is required to work more than forty (40) hours per week, the employee shall be compensated as follows: (a) Compensatory Time. Additional time worked shall be taken off at time and one-half as soon as practicable and in accordance with directions from the department head, but in no instance later than thirty (30) days from the date accrued. (b) Overtime Pay. If an employee accumulates forty (40) hours or more of compensatory time, the department head may require the employee to take time off to reduce the compensatory time or to pay the employee for additional overtime at a rate of time and one-half fram the department's approved budget. Under no circumstances will supervisors be paid overtime. 4.8 Lunch Periods. Employees are authori~ed a daily lunch period. Department heads will establish procedures to insure that lunch periods do not interfere with the conduct of public business. Office hours for each department shall be set by the department head unless otherwise established by the County Ccmnissioners. SECTION V - FRINGE BENEFITS 5.1 Sick Leave. Sick leave is earned by a permanent employee at the rate of one (1) working day for each nonth of completed service. An employee may not accumulate more than two hundred forty (240) days of sick leave. To receive sick leave, an employee must actually be sick and must be able to furnish proof of the illness. Falsification or misuse of sick leave shall be grounds for disciplinary action, including tennination of employment. Upon an employee's death, the employee's estate shall be paid twenty-five (25%) percent of accumulated sick leave. When an employee becomes disabled, or retires, he shall be paid twenty-five (25%) of his accumulated sick leave. If E;mployment is terminated other than by death, disability or retirerrent, no portion of accumulated sick leave shall be paid. 5.2 Bereavement Leave. Bereaverrent leave shall be authorized permanent employees for a maximum of three (3) days on the death of a member of the employee's imnediate family. "Imnediate family" is defined as follows: grandparent, parent, child, grandchild, brother and sister, and step relations of the same degree. 5.3 Annual Leave. All permanent employees shall be granted annual leave as follows: (a) During the first year of employment - five (5) days; (b) Upon completion of not less than one (1) year of continuous employment - ten (10) days; (c) Upon completion of not less than five (5) years of continuous employment - fifteep (15) days. '".,1 '. A't:;.al......",.Iitl,. "'J'~tr) (d) Upon corrpletion of not less than fifteen (15) years of continuous employment 'IWenty (20) days With approval of the department head, annual leave may be taken at any ti.m= during the calendar year in which it is accumulated; however, should an employee discontinue employment for any reason prior to corrpletion of the period for which such leave was authorized, the employee shall reimburse the County on a pro-rata basis for annual leave taken but. not authorized by this policy. For purposes of this section a leave of absence of fifteen (15) days or more shall be considered a discontinuance of employment. No more than ten (10) days annual leave can be accumulated. from year to year. Upon death, retirement or tennination for any reason, an employee or his estate shall be paid for any accumulated annual leave. 5.4 Civil Leave. Any necessary leave may be allowed by the elected depa.rt:rnent head or, where the department head is an appointed position, by the County Corrmissioners, to pennit any regular employee to serve as a member of jury or to take examination for state positions. The employee who is granted such leave and who, for the perfonnance of such civil duties involved receives any canpensation, shall be paid by the County for the ti.m= he is absent only in the cmount of the excess of his regular salary over the conpensation so received. 5.5 Military Leave. Any employee who is a member of the Washington National Guard or of the Anf!Y, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States or of any organized reserve or Anned Forces of the United States shall be entitled to military leave with pay for a period not to exceed fifteen (15) days during any calendar year in order that the employee may take part in required active training duty. Such military leave shall be granted pursuant to the provisions of Revised Code of Washington 38.40. Any employee who enters upon active duty service or training in the Washington National Guard, the Anned Forces of the United States, or the United States Public Health Service may seek leave of absence for a period not to exceed the actual act of duty, service or training, and upon return shall be entitled to re-employrnent providing the individual carrplies with the provisions of the Revised Code of Washington 73.16, or as hereafter amended. 5.6 Leave of Absence. A leave of absence may be requested by any pennanent employee. The decision as to whether or not such leave of absence will be granted is with the County Corrmissioners. No leave of absence shall exceed a period of nine (9) months. Any request for leave of absence shall be in writing, and that writing shall state the ti.m= period for which the request is made. The granting of any such request for leave of absence shall also be in writing and signed by the County Comnissioners. Any leave of absence shall be without pay and all County benefits of the employee shall cease during the period of the leave of absence. The employee may, if satisfactory arrangements can be made, continue insurance plans in effect by prepayment of the insurance premiums. Where the leave of absence does not exceed fifteen (lS) days, ,the County Corrmissioners may authorize payment of fringe benefits. 5.7 Holidays. The following are holidays with pay for pennanent employees: (1) New Years's Day (2) Lincoln's Birthday January 1 February 12 vot 1\-, A r.-V.f.' -ffi. '.i~':-.' ,~, ~: .~.H.,.,"- 1tU/L.. .-.:, (3) Washington's Birthday Third Monday in February (4) Memorial Day Last Monday in May (5) Independence Day July 4 ( 6) Labor Day First Monday in September (7) Veterans Day November 11 (8) Thanksgiving Day Fourth Thursday of November (9) Day After Thanksgiving Fourth Friday of November (10) Christmas Day December 25 (11) One Floating Holiday If a holiday falls on Sl,U1day, it shall be observed the following Monday. If it falls on a Saturday, it shall be observed on the previous Friday. An employee will not receive holiday pay if the employee is absent on his last scheduled work day prior to the holiday or on his first scheduled work day following the holiday and that absence is unexcused. Employees on "leave of absence without pay" shall not receive holiday pay. 5.8 Medical Benefits. Employees may participate in basic group medical insurance plans as may be adopted by the County under the tenns and conditions established by the Board of County Ccmnissioners. SECTION VI - DISCIPLINARY ACTIa.\I 6.1 Purpose of Disciplinary Action. The County will attempt at all times to operate its business in the most efficient, economical and orderly manner consistent with good management practices. All employees shall conduct themselves ina manner that will be consistent with established rules and regulations. Disciplinary action is not primarily intended to be punitive but rather to maintain the efficiency of day-to-day operations and in keeping with sound business principles of human relations in the County service. 6.2 Causes of Disciplinary Action. All appointed employees may be subjected to disciplinary action for cause, including but not limited to: (a) Drinking intoxicating beverages or using non-prescription drugs on the job, or arriving on the job under the influence of intoxicating beverages or drugs; (b) Violation of a lawful duty; (c) Insubordination; (d) Breach of discipline; (e) Being absent from work without first notifying and securing pennission from the employee's supervisor; (f) Being habitually absent or tardy for any reason; (g) Misconduct; (h) Conviction of any felony or of a misdemeanor involving VOL .;a, -:'7."" l~iO "* 'fAt: ", 0 314 moral turpitude; (i) Using religious, political or fraternal influence; (j) Accepting fees, gifts, or other valuable items in the perfonnance of the errployee's official duties for the County; (k) Failure to perfonn the assigned job. 6.3 Procedure for Disciplinary Action. The degree of discipline administered must depend on the severity of the infraction and must be in accordance with any appropriate labor contracts, and, if applicable, Civil Service Rules and Regulations. It is the responsibility of the supervisor to evaluate thoroughly the circumstances and facts as objectively as possible. The supervisor will then apply the most suitable fonn of discipline to the best of his or her knowledge and discretion. There are several types of disciplinary action which may be applied to discourage detrimental behavior or actions: A. Oral Warning. (1) Talk to the errployee in private. (2) This type of discipline should be applied for infractions of a relatively minor degree. Supervisors should at all times infonn the errployee that he or she is administering an oral warning and that the errployee is being given an opportunity to correct the condition. If the condition is not corrected, the person will be subject to IIOre severe disciplinary measures. (3) A notation that an oral warning was given should be made for the employee's personnel file. B. Written Warning. (1) This notice will be issued by the supervisor in the event the errployee continues to disregard an oral warning, or if the infraction is severe enough to warrant a written record in the errployee's personnel file. (2) The supervisor will set forth in the warning notice fonn the nature of the infraction in detail and will sign the notice. He or she will discuss the warning notice with his or her immediate supervisor, then with the errployee, to be certain that the errployeeunderstands the reasons for the disciplinary action. (3) A copy of the warningriitice is to be handed to the errployee at the time of the discussion of the discipline. The original copy is to be placed in the errployee' s personnel file. C. Suspension. (1) This fonn of discipline is administered as a result of a severe infraction of rules, standards, or for excessive violations after the errployee has received a written warning and has made no effort to improve perfonnance. This is the most severe fonn of discipline given by a supervisor short of discharge. -8- "'V . ::ut. .~ ~~.. ." ".'~rz._;<. ." '": (~"': ""'~ 't;:""" .~ '; f'l .,;J..~ 5 (2) All facts leading to the reason for the disciplinary suspension and the duration of suspension will be set forth on a disciplinary form. The employee will be informed of the disciplina:ry action and provided an original copy of completed disciplinary action form. The maximum period of suspension shall be days. (3) Suspension of any employee will be applied only by the elected departrrent head, or where the IBpart:rrent head is an appointed posi tion, by the County Corrmissioners. D. Demotion. (1) Demotion is to be used in rare instances where an employee has been employed for or pranoted to a position but fails to perform the duties and responsibilities of that position. Derrotion should be made only after a thorough evaluation by the Department head and only after written warning. (2) Demotion of an employee will be made by the elected Department head, or where the DepartI'rent head is an appointed position, by the County Carmissioners. E. Discharge. (1) To assure the continuous, successful operation of County business, certain rules and policies may not be violated by its employees. Infraction of certain basic rules by an employee shall be considered just cause for discharge. The decision as to whether or not the employee should be discharged shall depend upon, among other things, the severity of the infraction, the previous efforts to counsel the employee, the p:>tential danger to other errployees, and the effect on the County's operations. (2) If in the opinion of the supervisor or Department head the infraction is so severe as to require inmediate renDval of the employee from his or her employment situation, the supervisor or Depart:nent head may inmediately suspend the employee. Within five (5) working days following any such suspension, the elected DepartJrent head, or where the Department head is an appointed position, the County Carrmissioners will review the circumstances ooncerning the incident and determine whether or not discharge of the employee is appropriate. (3) Discharge of an employee shall be by the elected Depart:rrent head, or where the Depart:rrent head is an appointed position, the County Camnissioners. SECTICN VII - GRIEVANCE AL"ID ARBITRATICN PFOCEDURES 7.1 Definition. A grievance IrEans a claim or dispute by an employee with respect to the interpretation, IrEaning, or application of the provisions of this policy.a 7.2 Purpose. An employee may resort to these grievance procedures for any decision or action which he or she feels may affect his or her employment adversely. -9- .~.->' \Jot 4 ..~ . 'If :376 7.3 Procedure. The following grievance procedures apply unless other procedures are provided by State law, as in the case of the unifonred services, or by union contract: (a) If an errployee feels he or she has a justified conplaint or problem, the errployee shall discuss the matter with his or her Depa.rt::Irent head. If the corrplaint relates to a specific incident, the discussion shall take place within fifteen (15) days fran the date of the incident. (b) If the employee feels that his or her corrplaint is not fairly resolved by the Department head, he or she may then within five (5) days submit a written complaint to the County Comnissioners. If the grievance continues to exist, the County Comnissioners may agree to any recourse or otherl~gal means available 'for resolving the errployee' s grievance, including arbitration in the manner set out belo.v. 7.4 Arbitration. (a) If an errployee after corrpleting the grievance procedure outlined in Section 7.3 still believes that his or her grievance has not been dealt with justly, the errployee may request fran the County Carmissioners independent arbi- tration of this matter. Any grievance involving a dispute with respect to the application, meaning, or interpretation of this Personnel Policy may be sul::mitted to arbitration in the following manner. If arbitration is desired by the aggrieved errployee (s) and the County Conmnissioners, the Arbitration Committee shall consist of three (3) persons: one appointed by the employee or his or her representative, one appointed by the County Carmissioners and one appointed by agreerrent between the arbitrating members. If the members are unable to agree upon a third member for the Carmittee within five (5) days after they meet to detennine such an appointee, they may jointly request the Washington State DepartIrent of Labor and Industires to provide a list of five (5) arbitrators from which the parties may select one person. The representatives of the errployer and the employee shall alternately eliminate the narre of one person on the list until only one remains. The person whose narre was not eliminated shall be the third :member of the Carrmittee. The third member of the Committee shall be the Arbitration Committee chairman. (b) It shall be the duty of the Arbitration Carmittee to represent the public interest in reviewing employee appeals, only after all other grievance procedures have been exhausted, resulting from alleged adverse employer action including violations of these procedures or the rules and regulations promulgated thereunder, unwarranted demotion, discharge, or suspension. During such review, lx>th the appealing employee and the County Commissioners or other person whose action is being reviewed shall have the right to be heard publicly, be represented by a person of his or her choice, and to present evidentiary facts. At the hearing of such appeals or grievances, technical rules of evidence shall not apply. (c) It shall be the duty of the Canmittee chairman, within three (3) days of the conclusion of the hearing, to forward his or her reccmnendation concerning the appeal to the County Commissioners for appropriate action. (d) The recomrrendation of the Committee shall be reviewed by the County Comnissioners and within fifteen (15) days following receipt the Board shall advise the employee as to its decision regarding the grievance. It is the intention of the County Commissioners to follow the Corrmittee recarmendation except where that recoITIrendation does not appear to the Co\,IDty Comnissioners to be in the best interests of Jefferson County. .. 7.5 Utilization of Grievance Procedures. No punitive action shall be carried out against any employee for utilizing the grievance procedures contained herein. -10- VOL '4h't!,1j ;J77' SECTION VIII - PRIOR PERSONNEL POLICIES SUPERSEDED The policies and procedures set out herein are intended to supercede any previous resolution of this Board related to County personnel policies and disciplinary procedures. DA'IED this ~~ day of lhA-4/1-l . 191t JEFFERSON COUN'TY BOARD OF CCM1ISSIONERS ~... l"-."C:~;.:'{---" if (-. " '" r- ., ... ... . . .'\ I/~\' '~.r..' .'. .~ _--:: .' . J~: A, <tt .~." .. v /-r .-. . It. .. "'-:~ . ~ t'~ '1~,'j.- ; rY'!;- / ~ \ ~~. i "".~.~; \". "0 . ,," ,- ." ",~: " \,,: ~_.~ I ~ ':r,. . ., '. . c: /.' ,.~;.~ , ''1'~.\ ';' .~. , ... ~ j . . . 1 '<''';'. . "". "",, ~" / "'.:.;:~~ ~ o !II {,? J ATlEST: Q-~~~ A. . 0 , r ~ B. G. BRCWN, Member -11- .VUl ;.. (]....,.~ . d;^Ntlf-tfl. ~