HomeMy WebLinkAboutres1999-062WHATCOM COUNTY COUNCIL AGENDA BILL
NO.
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
,ginator:
�ndy Wefer- Clinton
11/12/99
��
NOV ���
WHATCOf�. COUP
COUNCIL
11123199
i ,
Finance Committee (Consent
Agenda) & Regular Council
meeting
Division Head:
Karen Sterling Goens
YA
11/12/99
Dept Head:
Dew G.Desler
Prosecutor
PurchasingBudget:
Executive:
Pete Kremen
�P
SUBJECT:
Unrepresented Resolution
ATTACHMENTS:
Proposed 2000 Resolution
SEPA review required? ( ) Yes (
SEPA review completed? ( ) Yes (
X ) NO
X) NO
Should Clerk schedule a hearing ? ( ) Yes ( X) NO
Requested Date:
7MMARYSTATEMENT:
Proposed updates for the year 2000 to Resolution 99 -039
(Unrepresented Resolution)
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
Wendy We er- Clinton
ADS Info Services
Assessor.
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
1999 - 442 11/23/99: Amended and approved 5 -2, Brown, Brenner
opposed, Res. #99-062
Related County Contract #:
Juvenile
Parks
Planning
Prosecutor
Public Works
Sheriff
Superior Court
Treasurer
Other
Related File Numbers:
Ordinance or Resolution Number
(this item):
"G7• - ` I I
PROPOSED BY: Executive
INTRODUCTION DATE: November 23, 1999
RESOLUTION NO. 99 -062
A RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND
POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE
YEAR 2000
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 positions;
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 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.
2000 Unrepresented Resolution Page 1
2. NON - REPRESENTED SALARY MATRIX
The monthly salaries of non - represented positions shall be established within the
ranges and steps provided in Exhibit A and B, effective January 1, 2000, which provides
for a two_ percent (2.0 %) increase over the September 1, 1999, matrices at step D of
either range 100 or 320SBA. Monthly salary amounts indicated are for one (1.00) FTE.
These amounts will be pro -rated for fractional FTE's and may be converted to an hourly
rate for FLSA non - exempt positions by dividing the monthly amount by 173.33.
2.1 Exhibit A — Non - Represented Salary Matrix.
Movement from range 100, step D, is 3.8% between steps up and down; and
4.3% between ranges.
2.2 Exhibit B — Binding Arbitration Adjustment Salary Matrix.
Movement from range 320SBA, step D, is 3.8% between steps up and down and
5% between ranges.
3. OTHER NON - REPRESENTED POSITIONS
Those non - represented positions not on an established matrix shall be paid a monthly
salary, pro -rated for fractional FTE's.
3.1 Court Commissioners.
Court Commissioners are to be paid at the rate of 80% of the comparable state
Court Judge salary level. Any changes in these Judges' salaries during 1999 will
be reflected in the comparable Court Commissioners' salaries.
Superior Court Commissioner $7,220
District Court Commissioner $6,859
3.2 Other Positions not on a Salary Matrix.
Court Reporter $ 3,988
Health Officer $ 7,651
Master Composter /Recycler Coordinator $1,733.30
4. COMPENSATION & EMPLOYMENT OPPORTUNITIES
4.1 Step Movement. Within the salary matrices contained in Exhibit A and B, 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
2000 Unrepresented Resolution Page 2
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- exerript 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
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 Sheriff's 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 members. Non - represented applications will be reviewed only, if there are
2000 Unrepresented Resolution Page 3
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 and required to
respond to extraordinary emergencies between -the hours of 9:00 p.m. and 6:00 a.m.
shall receive a $50 stipend per incident. Pre - authorization is provided by an employee's
department head or designee with final written approval of the Executive's Office for a
specific incident requested after the incident. In the case of department heads, pre -
authorization and final written approval of a specific incident is provided by the County
Executive or designee.
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 ($25.00) in addition to their regular pay.
"Fhereafter, 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. Each January 1, employees must have had at
least one performance evaluation in the last twelve months with an overall rating of
"3..00" or better to maintain performance pay for the new calendar year. Employees
receiving an overall rating of less than "3.00" shall receive no performance pay for the
new calendar year. Because sustained performance is a critical component of
performance pay, if more than one evaluation is conducted in a year, the lowest rating
will be used for determining performance pay eligibility for the next year. Performance
Pay is pro -rated based on FTE. Prior regular County employment with verifiable
performance at or above the required level will be considered when determining years
of service -for the purpose of Performance Pay only.
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. A merit step
adjustment does not impact the step date.
2000 Unrepresented Resolution Page 4
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
iFnmediately 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 fora spouse .or registered spousal equivalent may be
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 II 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. 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
2000 Unrepresented Resolution Page 5
employment year being the year hired and subsequent employment years being the first
of the year:
During 1 st 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
yea r.
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.
6.3 Holidays. Paid holidays will be available as posted on an annual basis for non -
represented employees who are in paid status the scheduled work day before and after
the holiday.
6.3.1 Part-Time Employees' Holiday Pak. 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 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. Employees who -are required
by their department head to work a paid County holiday because of an
2000 Unrepresented Resolution Page 6
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 provides 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
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 failing 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
2000 Unrepresented Resolution Page 7
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, which. includes an
adjustment to the Council Member salary to the amount allowed in Resolution 97 -004
and subsequent adjustments to other Elected Officials salaries because of that change,
shall be established herein as follows:
2000
Elected Official Monthly Salary Percentage
Executive
$8,052
101.00
Prosecuting Attorney
$7,972
100.00
Sheriff
$6,082
76.29
Auditor
$5,294
66.41
Treasurer
$5,294
66.41
Assessor
$5,294
66.41
Council Member*
$1,208
* Per Resolution 97 -004 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 and be in a FTE position to be eligible for. benefits
(including but not limited to sick leave, vacation, holiday, and health and welfare).
Compensation is 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 are made on behalf of employees.
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.
2000 Unrepresented Resolution Page 8
8.1.2 Benefits Coverage for Rehired Employees. Employees who were in a
FTE position and are rehired by the County into a FTE position within one year of
termination of employment, will be eligible for benefits if the employee met the
Unrepresented Resolution and plan eligibility requirements and was enrolled in
County provided health & welfare plans prior to leaving County employment.
Coverage will begin the first of the month following the meeting of benefits
eligibility requirements.
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 (spouse
and dependent coverage, if desired, is paid by the employee via payroll
deduction).
8.2.2 LEOFF I Medical Coverage. 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.
8.2.3 Sheriff's Office Disability Plan. LEOFF II and PERS unrepresented
employees in the Sheriffs Office will be provided the same or substantially
equivalent disability plan as provided to employees directly reporting to them.
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.
8.3.4 Employee Assistance Program. The County y- provides confidential
counseling assessment services through an Employee Assistance Program for
employees and their immediate families.
2000 Unrepresented Resolution Page 9
9. EFFECTIVE DATE
All changes in salaries and benefits under this resolution shall become effective on
January 1, 2000, except that any further changes during 2000 may be retroactively
applied as approved by the County Council.
AND FURTHER, THEREFORE, BE IT RESOLVED, that Resolution No. 99 -039 is
hereby rescinded effective January 1, 2000, and this Resolution shall become effective that
same date.
APPROVED this 23rd day of November , 1999
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�. D. Dawson, Chair
APPROVED as to form:
Senior Civil Deputy Prosecuting Attorney
2000 Unrepresented Resolution Page 10