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HomeMy WebLinkAboutres1999-039WHATCOM COUNTY COUNCIL AGENDA BILL NO. 9 8 -411FA CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: _3ginator: Wendy Wejer- Clinton y, 7130199 2 C 2� p /� E '[)�i IS IS V L� AUG Q 3 1999 WHATCOM COUNTY COUNCIL 8110199 Committee of the Whole - Executive Session & Regular Council Meeting Division Head: Karen Sterling Goens 7/30/99 Dept Head: in. David G. Wareing, Adm Svcs '13°'99 Prosecutor PurchasingBudget: Executive: Pete Kremen Q SUBJECT. Resolution 98 -079 (Unrepresented Resolution) ATTACHMENTS: SEPA review required? ( ) Yes (x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes (x ) NO Requested Date: .i UMMARYSTATEMENT: Amendments to Resolution 98 -079 (Unrepresented Resolution) — effective September 1, 1999 ' Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. APPROVED 6-018 "N ASGGfl (RF5441' am Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): Ore. nMW "we - r L �A PROPOSED BY: Executive INTRODUCTION DATE: August 10, 1999 RESOLUTION NO. 99 -039 AN AMENDMENT TO RESOLUTION NO. 98 -079 "A RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1999" WHEREAS, a Resolution in the Matter of Adopting a Salary Schedule and Policies for Unrepresented Whatcom County Employees for the Year 1999 was adopted December 8,1998; WHEREAS, further review of circumstances has called for modification to the 1999 Resolution to provide parity between unrepresented employees and represented employees; and, WHEREAS, a review of circumstances has called for modification to the 1999 Resolution to provide appropriate distinctions between supervisors. and employees reporting to them; and, WHEREAS, local and regional recruitment for unrepresented positions continues to not attract the breadth of candidates needed to perform highly specialized functions for County government; and, WHEREAS, those modifications have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Resolution 98 -079 is hereby amended and will read in its entirety as follows: n� 1999 Unrepresented Resolution Page 1 AN AMENDED RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE REMAINDER OF THE YEAR 1999 WHEREAS, it is necessary to establish policies and salaries for the unrepresented employees; and, WHEREAS, the Whatcom County Council hereby adopts the following policies for administration of personnel issues affecting unrepresented employees, and, WHEREAS, the Whatcom County Council hereby adopts the concept of a salary matrix as the basis of establishing salaries for a majority of the non - represented employees; NOW, THEREFORE, BE IT RESOLVED, that the Council intends that the Administration should follow the policies set forth below and should place non - represented employees, effective September 1, 1999, within the proper range and step according to the authorized FTE's contained in the adopted budget; AND FURTHER, THEREFORE, BE IT RESOLVED, 1. DEFINITIONS 1.1 "Unrepresented employee" is defined as either elected officials or non - represented employees. 1.2 "Elected official" is defined as only those officials elected pursuant to the provisions of the Whatcom County Charter and Washington State Law. 1.3 "Non- represented employee" is defined as all other unrepresented employees who are appointed to a budgeted full -time equivalent position. 1.4 "Full -time equivalent" and "FTE" are both defined as the currently assigned percentage, yet not to exceed currently budgeted full -time equivalency of a position, as authorized by budget ordinance. 2. NON - REPRESENTED EMPLOYEES' SALARY MATRIX The monthly salaries of the non - represented employees shall be established within the ranges and steps provided in Exhibit A, "Non - Represented Employees' Salary Matrix - effective September 1, 1999 ". Movement from range 100, step D, is 3.8% between steps up and down; and 4.3% between ranges. Movement in Exhibit B, "Binding Arbitration Adjustment" matrix from range 320SBA, step D, is 3.8% between steps up and down and 5% between ranges 320SBA and 370SBA. Monthly salary amounts indicated are for one (1.00) FTE. These amounts will be pro -rated for fractional FTE's. 1999 Unrepresented Resolution Page 2 3. OTHER NON - REPRESENTED EMPLOYEES Those non - represented employees not on the Non - Represented Employees' Salary Matrix shall be paid a monthly salary, pro -rated for fractional FTE's. Effective September 1, 1999, Superior Court Commissioners are to be paid at the rate of 80% of the Superior Court Judge salary level and District Court Commissioners at 80% of District Court Judge salary level. Any changes in these Judges' salaries during 1999 will be reflected in the comparable Court Commissioners' salaries. 3.1 Court Commissioners. Superior Court Commissioner $7,220 District Court Commissioner $6,859 3.2 Court Reporter and Health Officer. Court Reporter $3,910 Health Officer $7,501 4. COMPENSATION & EMPLOYMENT OPPORTUNITIES 4.1 Step Movement. Within the Non - Represented Employees' Salary Matrix, all steps shall be awarded on the basis of successful job performance. Employees shall advance to the next step following twelve (12) months' service after their previous movement, on the first day of the appropriate month. 4.2 Position Movement. Individuals who are promoted or reclassified per written approval of -the Executive's Office into a higher position shall move to the step in the new range that provides at. least a 5% increase in base salary, not to exceed the top step of the assigned range. Individuals moving to a new range because of a realignment of non - represented positions or ranges shall be placed in the step that provides them at least the same base salary as under the previous matrix or range. Individuals moving to a position in a lower range may have a salary adjustment up or down depending upon individual qualifications for the position; the nature of the work performed and internal equity. 4.3 Overtime & Compensatory Time Pay. The provisions for overtime payments and compensatory time (for over 40 hours in a week) apply only to non - represented employees who are covered as non - exempt by the Federal Fair Labor Standards Act (FLSA). Such employees requesting compensatory time shall have such request granted up to a maximum of twenty -four (24) hours per calendar year in lieu of overtime pay. Additional compensatory time may be mutually agreed to, but an employee may accrue no more than a maximum of 80 hours of compensatory time at any time. By mutual agreement, an employee may cash out accrued compensatory time at the end of each calendar year. In recognition of the contributions non - represented employees sometimes make in working far beyond the hours required in a regular work week, and the fact that FLSA- exempt employees do not get overtime or compensatory time, the Executive's Office has authority to award deserving non - represented employees up to five (5) days of paid 1999 Unrepresented Resolution Page 3 administrative leave per year. These days must be used in the year awarded unless County business prevents this occurring in which case they can be carried over one year, but they may not be cashed out. The Executive is empowered to authorize extra pay.for non - represented employees during a period of extraordinary circumstances (such as a strike, emergency conditions, etc..). 4.4 Interim Assignment Pay. ' From time to time, employees may be asked to cover all or part of the duties of a higher -level position during periods of extended absence or vacancy or for special assignments. In these instances, Interim Assignment pay may be awarded. Department heads shall discuss appropriate rate of Interim Assignment pay with Human Resources and must receive written authorization from the Executive's Office to award it. 4.5 Binding Arbitration Adjustment. In recognition of the fact that two bargaining units within the Sheriffs Department have access to binding interest arbitration, unrepresented employees in the Sheriffs Department shall receive pay increases which are approximately equivalent to cost -of- living increases received by employees directly reporting to them (Exhibit B). In the case of unsettled bargaining agreements, unrepresented employees will receive the same cost -of- living increase awarded unrepresented employees with any retroactivity for cost -of- living increases applied to applicable collective bargaining unit settlement also applied to affected unrepresented employees within the Sheriffs Department. Unrepresented employees in the Sheriffs Department who must maintain a dress uniform shall receive the same annual clothing allowance as received by employees directly reporting to them. 4.6 Employment Opportunities. Non - represented employees who wish to apply for a union position before it is advertised to the public may do so by the posted closing date for union mernbers. Non - represented applications will be reviewed only if there are no current eligible represented employees who apply or who are selected for the opening. The County, at its sole discretion, may or may not select non - represented employees for any type of opening or may proceed with a public posting and include the non - represented employees in the employment process. 4.7 Disciplinary Suspensions. FLSA- exempt employees are not subject to unpaid disciplinary suspensions except in increments of full work -weeks unless the infraction leading to the suspension is for a violation of a safety rule of major significance. 4.8 Employment at Will. Employment for non - represented employees is at will, which means that either the employee or the County can end the employment relationship without being legally required to give notice or a reason except as stipulated herein or by County policy. 4.9 Emergency Response. Employees authorized in advance to respond to emergencies between the hours of 9:00 p.m. and 6:00 a.m. shall receive a $50 stipend per incident. Authorization is provided by an employee's department head or designee or in the case of department heads, by the County Executive or designee. 1999 Unrepresented Resolution Page 4 4.10 Performance Pay. Beginning with the non- represented employee's fifth (5th) year of employment, the employee shall receive five dollars ($5.00) per month performance pay for each year of service in additional to their regular pay beginning September 1, 1999. Thereafter, on January 1St of each year, they shall receive five dollars ($5.00) per month for each year of service to a maximum of twenty -five (25) years — one hundred and twenty -five dollars ($125.00) per month. Beginning January 1, 2000, and each January 1 thereafter, employees must have had an annual performance evaluation in the last twelve months and it must have had an overall rating of "3.00" or better to maintain performance pay for the upcoming calendar year. Employees receiving an overall rating of less than "3.00" shall receive no performance pay for the upcoming calendar year. Performance Pay is pro -rated based on FTE. 4.11 Probable Cause Compensation. Any attorney in the Prosecuting Attorney's Office required to appear on a Saturday or Sunday at a scheduled Probable Cause hearing shall receive $175 for his /her appearance. 4.12 Nomination for Merit. Employees who are not at the top step of their assigned range, may be nominated to the Executive's Office for a merit step adjustment by their department head in recognition of documented exemplary performance. 5. SCHEDULING The hours of operation may vary between departments and divisions in order to better serve the public. The hours and the basic workday or workweek may be modified to accommodate flexible scheduling or to attend to County business. Flex time may be used for personal employee business or to make up doctor, vision or dental appointments. Both flexible scheduling and flex time require the mutual agreement of the employee and the department head, shall provide for no reduction in service to the public and must not increase the County's compensation costs. 6. LEAVES 6.1 Sick Leave. For the purpose of sick leave benefits, sick leave shall accrue to each non - represented employee from their date of hire in the amount of eight (8) hours for each month of employment, if benefits eligibility criteria is met, to a maximum of nine hundred and sixty (960) hours. Sick leave may be taken as accrued and may be used in increments of less than one scheduled workday. An employee who has accrued nine hundred and sixty (960) hours as of December 31 of any year shall be allowed to accrue up to one thousand and eight (1,008) hours of sick leave during the year immediately subsequent. These additional forty -eight (48) hours may not be cashed out, and the employee's total accrual reverts back to no more than 960 hours at the end of the year. 6.1.1 Part -Time Employees' Accrual Rate. Part-time employees' accrual rate will be pro -rated per FTE. 6.1.2 Sick Leave for Spousal Care. Sick leave can be used to care for an ill spouse or registered spousal equivalent for up to forty (40) hours per year. The length of absence to care for a spouse or registered spousal equivalent may be 1999 Unrepresented Resolution Page 5 extended with the written approval of the employee's department head and the Executive's Office. 6.1.3 Sick Leave Cashout. An employee with three (3) or more years of employment with the County shall be entitled to sick leave cashout upon voluntary termination or layoff in the amount of twenty five (25 %) percent, or fifty (50 %) percent if hired before May 15, 1984. Employees must give at least two (2) weeks notice prior to termination to be eligible for sick leave cashout. 6.1.4 Sick Leave Sharing. Sick leave sharing is available to non - represented employees per Administrative Procedure 3.2400. 6.1.5 LEOFF II Accrual Maximum. LEOFF it unrepresented employees may accrue sick leave up to a maximum of one - hundred and eighty (180) days. No more than one - hundred and twenty (120) days shall be used as a base for calculating sick leave cash out. 6.2 Vacation. For the purposes of vacation schedule, non - represented employees (except court reporters and superior court commissioners) shall be entitled to vacation accrual benefits if benefits eligibility criteria is met. Accruals will be in accordance with the following schedule with the first employment year being the year hired and subsequent employment years being the first of the year: During 1st through 4th employment year accrue 10.00 hours per month During 5th through 9th employment year accrue 13.34 hours per month During 10th and subsequent years accrue 16.67 hours per month Vacation leave may be taken as accrued and may be used in increments of less than one scheduled workday. No more than two hundred and forty (240) vacation hours may be carried forward from one year to the next, unless under extraordinary circumstances prior approval From the Executive's Office is obtained. Unused vacation in excess of 240 hours on December 31 shall be forfeited. The express purpose of vacation leave is to allow employees to take time away from work to relax, recreate and otherwise attend to personal matters. It is the policy of Whatcom County that non - represented employees shall take the regular vacation time allocated each year for the good of the County and the employee. Under extraordinary circumstances and by mutual written agreement between the non - represented employee, the department head and the Executive's Office, up to eighty (80) hours of vacation can be cashed out each calendar year. 6.2.1 Part-Time Employees' Vacation Accrual Rate. Part-time employees' vacation accrual rate will be pro -rated per FTE, and FLSA non - exempt employees will receive extra vacation pay based on extra hours worked above the assigned FTE (not to exceed equivalent of 1.00 FTE). 6.2.2 Voluntary Demotion. If an employee takes a voluntary demotion, they may choose to receive payment for the difference in pay on any vacation hours accrued at the time of the demotion. 1999 Unrepresented Resolution Page 6 6.3 Holidays. Paid holidays will be available as posted on an annual basis for non - represented employees. Employees who are required to work, because state law requires an office to remain open on the day before Christmas, shall receive two days off with pay which must be taken by December 31 of the following year. These days cannot be carried over or cashed out. 6.3.1 Part-Time Employees' Holiday Pay. Part-time employees will receive holiday pay based on their FTE, and FLSA non - exempt employees will receive extra holiday pay based on extra hours worked above the assigned FTE (not to exceed equivalent of 1.00 FTE). 6.3.2 Personal Holiday. Each employee shall receive one (1) Personal Holiday each calendar year, not to exceed eight (8) hours. Part-time employees receive one (1) Personal Holiday equivalent to their FTE on January 1. Personal Holidays must be used in the year they are earned, unless prior to the end of that year, written approval to carry it over is obtained from the department head and the Executive's Office. 6.3.3 Working a Holiday. Employees who are required by their department head to work a paid County holiday because of an emergency, a project that can only be completed when County offices are closed or special directive from the Executive's Office, shall receive two (2) days off with pay at a mutually agreeable time, 6.4 Jury Duty & Military Leave. Non - represented employees considered exempt under the Federal Fair Labor Standards Act (FLSA) shall have no deduction in salary for absences caused by jury duty or temporary military leave. Jury duty and military leave will be provided as described in Personnel Policies and Procedures or per current laws. 6.5 Bereavement Leave. Bereavement leave shall be provided to non - represented employees who suffer a death in the immediate family of up to five (5) days off without loss in pay. Immediate family members include a spouse or registered spousal equivalent, child or parent (including step) of either the employee or the employee's spouse. Up to three (3) days off without loss of pay is available for other close family members (including step): brother, sister, grandchildren or grandparents of either the employee or the employee's spouse. Additional days off without pay or using accrued leave may also be available upon written approval of the department head and the Executive's Office. - 6.6 Civil Leave. Civil leave with pay shall be allowed to permit a non - represented employee to testify in any federal, state or municipal court when a subpoena compels such testimony and such testimony is on behalf of Whatcom County or is in connection with a matter in which Whatcom County is a party. 6.7 Family Leave. The County agrees to provide unpaid leave to any eligible non - represented employee covered by this Agreement, consistent with the Washington State Family Leave Act, Washington State Family Care Act and the Federal Family and Medical Leave Act (FMLA). Employees are not required to use accrued vacation time or compensatory time off before commencing unpaid family leave. If leave pursuant to FMLA stipulations would also qualify as leave under any other County benefit, policy or 1999 Unrepresented Resolution Page 7 type of leave, the period of the FMLA leave will apply toward an employee's entitlement for each type of leave that may be applicable. 6.8 Paternity Leave. Sick leave to a maximum of two (2) days shall be available for use by a male non - represented employee at the time of delivery of a child by his legal spouse. Additional days may be allowed at the discretion of the department head with approval of the Executive's Office. 6.9 Maternity Leave. Accrued sick leave may be utilized for maternity /disability leave. In the event sick leave is exhausted before the employee returns to work, any vacation or other paid leave which has accrued must be utilized before approval of any leave without pay is considered by the County except for leaves falling. under the federal Family and Medical Leave Act. 6.10 Leave for Illness or Injury. Non - represented employees may request leave for major illness or injury utilizing Family /Medical Leave, accrued leaves and unpaid leaves as appropriate. Total time for the leave, which will include all time away from work, may be extended up to a maximum of twelve (12) months with the mutual consent of the department head and the Executive's Office. An employee who returns to work will be credited for length of return time within the twelve (12) month limit if the employee must go back on disability for the same illness /injury. 6.11 Absence Due to Adverse Weather. FLSA non - exempt employee absence due to severe inclement weather or other unusual emergency conditions will be charged to one of the following in sequential order: compensatory time, vacation leave, leave without pay, unless an employee who wishes to take leave without pay notifies his /her payroll preparer before the department's payroll cut -off time. 7. ELECTED OFFICIALS' SALARIES The monthly salaries of the Whatcom County Elected Officials shall be:. Elected Official Executive Prosecuting Attorney Sheriff _Auditor Treasurer Assessor Council Member* 1999. Monthly Salary Percentage $7,299 $7,227 $5,513 $4,799 $4,799 $4,799 $1,095 101.00 100.00 76.29 66.41 66.41 66.41 * Per Resolution 95 -016 which states, Whereas the Whatcom County Charter prohibits any Council member from receiving a salary in excess of 15% of the County Executive's salary': 8. BENEFITS 8.1 Benefits Eligibility. Non - represented employees must be compensated at least eighty (80) hours per calendar month to be eligible for benefits. Compensation is 1999 Unrepresented Resolution Page 8 defined as payment of wages for work performed, vacation, accrued sick leave, or other paid leave. County payment of health and welfare premiums for benefits of non - represented employees can be made on behalf of employees up to their assigned FTE. Compensation earned in one (1) calendar month provides health and welfare benefit coverage in the following month unless stipulated otherwise in plan documents. Any elected official or newly hired non - represented employee will be initially eligible for health & welfare benefits the calendar month following at least 80 hours of employment in one (1) calendar month. For elected officials, hours of employment would be determined based on budgeted FTE with 173.33 standard hours in a month. Income resulting from an industrial injury to a maximum of twelve (12) months from the date of injury shall also be credited as compensation. 8.1.1' Benefits Coverage if Disabled. If an employee becomes disabled and is unable to work or be compensated at least eighty (80) hours per calendar month, premiums will continue to be paid by the County for full employee and family medical coverage for up to twelve (12) months. 8.2 Health & Welfare Benefits. All elected officials and eligible non - represented employees shall be granted the following health and welfare benefits, and the benefits shall include full premium contribution for the employee, spouse, and dependent children of the employee, except as noted. A) Medical, prescription and hospital benefits B) Dental coverage C) Vision care D) Life insurance in the face amount of each elected official or non- represented employee's annual salary to a maximum of $50,000 (dependent coverage, if desired, is paid by the employee, via payroll deduction). 8.2.2 LEOFF I Medical Coverage. Beginning September 1, 1999, LEOFF I unrepresented employees will not need to make individual co- payment for themselves and when they incur $3,000 in personal medical expenses during the year, he or she is entitled to a credit of $600 against the family stop loss. 8.3 Other Benefits 8.3.1 Flex 125. Dependent & Health Care Reimbursement Plan. The County will pay set -up costs and ongoing maintenance costs to allow employees to utilize such a plan. 8.3.2 Retirement Plans. The County provides payment to retirement plans through the Washington State Retirement System, which also requires contributions from employees. 8.3.3 Deferred Compensation. The County provides the opportunity for . voluntary employee participation in deferred compensation programs. 1999 Unrepresented Resolution Page 9 8.3.4 Employee Assistance Program. The County provides confidential counseling assessment services through an Employee Assistance Program for employees and their immediate families. 8.3.5 Unemployment Compensation. The County will provide urjernployment compensation for employees who may be laid off, consistent with the laws of the State of Washington and the rules and regulations of the Employment Security Department. 9. EFFECTIVE DATE All changes in salaries and benefits under this resolution shall become effective on September 1, 1999, except that any further changes during 1999 may be retroactively applied as approved by the County Council. AND FURTHER, THEREFORE, BE IT RESOLVED, that Resolution No. 98 -079 is hereby rescinded effective September 1, 1999, and this Resolution shall become effective that same date. APPROVED this 10th day of August , 1999 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, Council Clerk Marlene M. Dawson, Chair APPROVED as to form: Civil Deputy Prosecuting Attorney 1999 Unrepresented Resolution Page 10 Exhibit "A" 1999 Non - Represented Employees' Salary Matrix - effective September 1, 1999 Range 99UnrepAmd 8/2/99 Step A Step B Step C Step D Step E Step F Step G 100 1506 1565 1627 1691 1755 1822 1891 110 1571 1633 1697 1764 1831 1901 1973 120 1638 1703 1770 1840 1910 1983 2058 130 1709 1776 1846 1919 1992 2068 2147 140 1783 1853 1926 2002 2078 2157 2239 150 1860 1933 2009 2088 2167 2249 2334 160 1938 2015 2095 2178 2261 2347 2436 170 2023 2103 2186 2272 2358 2448 2541 180 2110 2193 2280 2370 2460 2553 2650 190 2201 2288 2378 2472 2566 2664 2765 200 2295 2386 2480 2578 2676 2778 2884 210 2394 2489 2587 2689 2791 2897 3007 220 2496 2595 2698 2805 2912 3023 3138 230 2605 2708 2815 2926 3037 3152 3272 240 2717 2824 2936 3052 3168 3288 3413 250 2834 2946 3062 3183 3304 3430 3560 260 2956 3073 3194 3320 3446 3577 3713 270 3082 3204 3331 3463 3595 3732 3874 280 3216 3343 3475 3612 3749 3891 4039 290 3354 3486 3624 3767 3910 4059 4213 300 3498 3636 3780 3929 4078 4233 4394 310 3648 3792 3942 4098 4254 4416 4584 320 3806 3956 4112 4274 4436 4605 4780 330 3969 4126 4289 4458 4627 4803 4986 340 4139 4303 4473 4650 4827 5010 5200 350 4318 4489 4666 4850 5034 5225 5424 360 4504 4682 4867 5059 5251 5451 5658 370 4697 4883 5076 5277 5478 5686 5902 380 4900 5094 5295 5504 5713 5930 6155 390 5111 5313 5523 5741 5959 6185 6420 400 5330 5541 5760 5988 6216 6452 6697 410 5560 5780 6008 6245 6482 6728 6984 99UnrepAmd 8/2/99 Exhibit "B" 1999 Binding Arbitration Adjustment only - effect. September 1, 1999 Range Step A Step B Step C Step D Step E Step F Step G 320SBA 3877 4030 4189 4354 4519 4691 4869 330SBA 4070 4231 4398 4572 4746 4926 5113 340SBA 4274 4443 4619 4801 4983 5172 5369 350SBA 4488 4665 4849 5041 5233 5432 5638 360SBA 4713 4899 5092 5293 5494 5703 5920 370 SBA 4949 5144 5347 5558 5769 5988 6216 99SherunrepAmd 8/2/99