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INTRODUCED BY Consent
PROPOSED BY County Executive
DATE: January 19, 1989
RESOLUTION NO. 89 -05
A RESOLUTION AMENDING THE PERSONNEL POLICIES
AND PROCEDURES FOR WHATCOM COUNTY EMPLOYEES
WHEREAS, Resolution No 86 -62 established revised Personnel Policies
and Procedures supplementing the Personnel Ordinance, and
WHEREAS, changes and additions to policies have occurred over the
last two years, and
NOW THEREFORE, BE IT RESOLVED:
(1) That the Whatcom County Policies and Procedures Manual adopted
by Resolution No 86 -62 of the County Council of Whatcom County,
Washington, dated December 18, 1986 be and hereby is amended by
replacing pages 14, 15, 16, 19, 22A and 34 for existing pages, and
adding the index page, and pages 40 through 45 as set forth in the
attached Exhibit A to this Resolution.
PASSED this 20th day of
AT TEST :,
Clerk of the Council
January , 1989.
APP D AS TO FORM,
�219'e �ql, �L�
Ci it Deputy Prosecuting
Attorney.
4(RESPPMI)
WHATCOM COUNTY COUNCIL
WHATCOM AG.�AanAey ASHI GTON
onal Chair
1 -12 -8S
qualified applicants are available
rate. Under no circumstances will
receive an entrance pay rate below
prescribed for the classification
appointed.
at that startinc
an employee
the minimum rate
to which
106.6 STEP INCREASES
A. Union Employees.
1. Inside, Public Works, Parks, and Juvenile
Contracts.
A new employee,placed in any step in the pay plan,
shall be eligible for the first step increase upon
completion of one year of service. Six months
later, (after eighteen months service) they move to
the next step in the Pay Plan which is 1.9% higher
than their present Step, and so on until they reach
the top Step, provided any job performance eva-
luations required for a Step raise under the union
contract is satisfactory.
Advancement from Entry Step to Step 3 shall be made
on an automatic basis if the probation period is
successfully completed. Advancements to steps 3A,
4A, 5A, 6A, and 7A shall not be granted automati-
cally but will be based on satisfactory work per-
formance in addition to length of service in a
classification. The performance of the employee
shall be evaluated by his or her supervisor at
least forty -five days prior to the decision for
each pay step increment. The employee must have an
overall evaluation of "satisfactory" or higher for
the in -grade increment to be granted. Eligibility
for progression to the next pay step shall occur on
the first day of the month in which the employee
annual, or semi - annual anniversary date falls.
2. Sheriff's Deputy and Corrections Officer
and Support Staff Contracts.
The first two steps for Deputies and Corrections
Officers in these Pay Schedules are six months
each. All other steps in the Pay Schedule are
annual. Should an employee receive a promotion, the
employee's anniversary date for pay purposes shall
be changed to the effective date of the promotion.
3. Nor -Bell Care Center
Employees hired into the Nurse Aide, Laundry.
Housekeeping, etc., and Cooks, Custodian
Classification shall receive their first step
increase upon completion of their ninety (90) day
probation period, and annually thereafter.
Effective January 1, 1989, all new employees shall
receive their first step increase following one
years service.
4. Ferry. The Ferry contract does not provide
step raises.
21(PERPPAI3) -14- 12 -30 -88
EXHIBIT "A"
121.0 COBRA
121.1 Conditions for Continued Coverage
121.2 When Continued Coverage Ends
121.3 Conversion
121.4 Notices
121.5 Cost of Continued Coverage
121.6 Nor -Bell Care Center
121.7 Your Responsibilities under the Law
122.0 Employees with Life Threatening Illnesses
122.1 Guidelines
122.2 Policy
122.3 AIDS (Acquired Immune Deficiency Syndrome)
21(PERPPA50)
12 -30 -88
The following procedures are recommended for Deputy
Sheriffs, Jail and other concerned employees exposed to
or having contact with AIDS patients in the performatnce
of their duties:
1. Wash your hands thoroughly after contact with the
AIDS victim, or suspected victim.
2. If you must assist a victim in a manner which may
cause blood or other body fluids to be on your hands,
wear disposable plastic or rubber gloves. Wash hands
thoroughly afterwards.
3. Clean up blood spills and other body fluids with
regular household bleach (clorox) diluted 1 part
bleach to 9 parts water. Wear gloves during this pro-
cedure.
21(PERPPA49) -46- 10 -13 -88
122.3 AIDS (ACQUIRED IMMUNE DEFICIENCY SYNDROME)
There has been a great deal of media attention directed
to the subject of AIDS. This has heightened concern and
in some cases has resulted in undue anxiety in the com-
munity as well as in employees who may have contact
with AIDS victims.
AIDS is a serious condition caused by a virus called
HTLV -III and is characterized by a specific defect in
natural immunity against disease. Individuals suffering
from AIDS become susceptible to a variety of rare
illnesses. The majority of reported cases, however, have
been detected in only specific segments of the
population.
There is no evidence indicating that the disease may be
transmitted through routine contact with AIDS victims or
persons in high risk groups.
There have been no reported cases in which the disease
has been transmitted by casual or even close daily con-
tact with AIDS patients or persons in high risk groups.
For instance, family members other than sex partners of
the infected persons have not developed AIDS. There have
been no reported cases of ambulance drivers, police and
firemen who as a result of assisting AIDS patients have
contracted the disease. Such is also the case with doc-
tors and health care personnel. AIDS is spread through
intimate sexual contact, blood products and sharing of
contaminated needles.
There is no evidence that AIDS is spread through any of
the following:
1. Sneezing, coughing or spitting.
2. Handshakes or other non - sexual physical contact.
3. Toilet seats, bathtubs or showers.
4. Various utensils, dishes or linens used by a person
with AIDS
5. Articles handled or worn by a person with AIDS.
6. Being around someone with AIDS on a daily basis or
over a long period of time.
7. Riding in the same transportation.
8. Eating in the same public places or with an AIDS
patient.
9. Working in the same office, shop, etc.
21(PERPPA48) -45- 12 -30 -88
122.2 POLICY
2. Evaluate the work environment of the ill employee to
insure that proper precautions have been taken to pro-
tect both the employee and co- workers from the risk of
injury or disease. In some cases, ill employees may need
to be reassigned to other jobs or have their jobs
restructured, so that they can remain employed. Medical
documentation may be requested to support requests for
job restructuring or reassignment, if necessary.
3. Contact the Safety Director for information and /or
training for employees in how the working environment
can be kept safe for all.
4. Contact the Safety Director for information
concerning the possiblities of contagion.
5. Contact Personnel for advice and assistance in
dealing with employee or union concerns over the
situation.
6. Remember that 1hese conditions constitute a handicap
for which we, by law, must make reasonable accommodation.
7. Remember when dealing with AIDS, that the disease is
not transmitted by casual contact.
8. Be sensitive and responsive to co- worker's concerns,
and emphasize employee education available through
Personnel. Remember that special accommodation is not
normally necessary for co- workers even though they may
feel threatened by an employee's illness.
9. Remember that the County does not discriminate
against. persons who have terminal illnesses and that
such persons may remain employed providing they are
able to meet customary job performance standards without
hazard to themselves or to.,others.
10. Investigate charges that employees suffering from
terminal illnesses are being harassed, intimidated, or
discriminated against, notifying Personnel and the
Prosecutor's Office in cases where disciplinary action
is indicated.
Employment policy and benefit plan administration issues
involving persons with life - threatening illnesses are to
be handled in the same manner as for other employees.
Employees, including those with AIDS - related diseases,
who wish to work may continue to do so as long as they
meet acceptable performance standards and are medically
able to do so. Reasonable accommodations will be made for
their condition. Information concerning an employee's
medical condition must be kept confidential.
21(PERPPA47) -44- 12 -30 -88
f) advise the County or the Trusts if you and your
spouse become divorced or legally separated,
Your spouse must notify us in the event of your
death.
122.0 EMPLOYEES WITH LIFE THREATENING ILLNESSES
Whatcom County recognizes that employees with life -
threatening illnesses including by not limited to
cancer, heart disease, and acquired immune deficiency
syndrome (AIDS) may wish to continue to engage in as
many of their normal pursuits as their condition allows,
including work. These employees have a right to con-
tinue to work so long as they are able to meet
acceptable performance standards, and medical evi-
dence indicates that their condition is not a threat
to themselves or others. Department heads should be
sensitive to their condition and ensure that they
are treated in a manner consistant with other
employees. Employees with handicaps have a right to
a working environment free of slurs or harassment
because of their protected status.
At the same time, the County has an obligation to pro-
vide a safe work environment for all employees and the
public. Every precaution should be taken to ensure that
an employee's condition does not present a health
and /or safety threat to other employees or the public.
Consistent with this concern for employees with life -
threatening illnesses and their co- workers, the
County,offers the following resources through the
Personnel Office:
- Education and information concerning terminal
illness and concerning specific life - threatening
illnesses.
- Referral to agencies and organizations which offer
supportive services for life - threatening illnesses.
- Benefit consultation to assist employees in effec-
tively managing health, leave and other benefits.
122.1 GUIDELINES
When dealing with employees with life threatening
illnesses, department heads should:
1. Be aware that any medical information which has
been provided to management concerning an employee's
condition must be kept in strict confidence.
Unauthorized release of such information is a
breach of State Law.
21(PERPPA43) -43- 12 -30 -88
121.3 CONVERSION
121.4 NOTICES
Once continued coverage ends for any person, that
person may obtain a personal health care policy
without evidence of insurability, as provided under
the- terms of the Plan.
Notice will be given you when you or your covered
dependents become entitled to continued medical
coverage under the Plan. You, or they, will then
have up to (60) days to elect to continue coverage.
Notice will be given you at the time of your exit
interview. The carriers, Whatcom Medical Bureau and
the Teamster's Trusts will notify you when they
receive notice you have left County employment.
121.5 COST OF CONTINUED COVERAGE
Any person who elects to continue coverage under
a Plan must pay the full cost of that coverage,
plus any additional amounts permitted by law. A 2%
administrative fee is presently authorized by law.
Contact the Personnel Department to determine
current COBRA premium rates for the WMB Plan.
Contact the Teamster's Union Office for information
on the Teamster's Plans.
121.6 NOR -BELL CARE CENTER
Employees of Nor -Bell Care Center are covered by a
different WMB plan, but are entitled to continue on
their plan under the same conditions. The Rate
Structure is identical with WMB's Community Rated
Plan. Dental Plan coverage is optional.
121.7 YOUR RESPONSIBILITIES UNDER THE LAW
If you choose coverage., you must advise the County
or the Teamster's Trusts within 60 days of ter-
mination that you wish to continue coverage and:
a) complete a form, requesting continuing coverage.
b) pay your premium when due.
c) keep the County or the Trusts advised of your
current address,
d) advise the County or the Trusts if you or your
covered dependents become covered by another
health care program, including Medicare,
e) advise the County or the Trusts of any change of
status which affects you or your dependent's
coverage,
21(PERPPA42) '42' 10 -11 -88
121.0 COBRA
The Comprehensive Omnibus Budget Reconciliation
Act of 1986 (COBRA) provides a new benefit to
employees who retire or otherwise terminate their
employment with Whatcom County, provided that their
termination was not a result of gross misconduct on
their part. This benefit applies to health or medi-
cal, dental, and vision coverage. Terminating
employees (or their eligible dependents) must self -
pay the cost of continued coverage. (See below.)
121.1 CONDITIONS FOR CONTINUED COVERAGE
If your employment terminates for any reason other
than your gross misconduct, or, if your hours
worked are reduced so that your coverage ter-
minates, you and your covered dependents may con-
tinue medical care coverage under the Whatcom
Medical Bureau or the Teamster's Plans for up to
eighteen (18) months, provided you or your covered
dependents are not covered under any other group
medical plan. In addition, if you should die,
become divorced, or legally separated, or become
eligible for Medicare, your covered dependents who
are not covered under any other group medical
insurance plan may continue coverage under the
Plans for up to three (3) years. In addition, your
covered children who are not covered under any
other group medical plan may continue coverage
under the Plans for up to three years from the time
they no longer qualify as your covered dependents
under the terms of the plan.
121.2 WHEN CONTINUED COVERAGE ENDS
The continued coverage will end for any person
when:
(a) the cost of continued coverage is not paid
on or before the date it is due.
(b) that person becomes eligible for Medicare;
or,
(c) that person becomes covered under another
medical care plan; or
(d) the Plan terminates for all employees.
21(PERPPA41) -41- 6 -23 -88
120.4
120.5
120.6
SMOKING
Because smoking has been identified as a health
hazard, and because good health has a strong rela-
tionship to productivity, it is the policy of
Whatcom County to discourage smoking on the part of
its employees. Smoking is not permitted in County
buildings.
SAFETY MEETINGS
Each department, or area will appoint or elect an
employee to be their safety representative.
Departments will hold monthly safety meetings. The
safety representative will be the department's
representative to the Central Safety and Health
Committee. The Central Safety and Health Committee
will meet at least quarterly to discuss safety
problems and review progress towards correction of
safety hazards.
HAZARDOUS MATERIALS - WORKER'S RIGHT TO KNOW LAW
There are many hazardous materials which are used
in the work place. Washington State has enacted a
Worker's Right to Know Law which requires employers
to identify hazardous materials, to develop proce-
dures for handling them and to train employees in
the use of those procedures for handling these
substances.
It is Whatcom County's Policy to ensure that the
hazards of all chemicals are evaluated and that
information concerning their hazards is transmitted
to affected employees.
The County has a written Hazardous Materials
Program which addresses the requirements of this
law. We have embarked on a training program to pro-
vide each employee with information on chemicals
used in the workplace, how to recognize them and
how to deal with them. Each department has a manual
entitled CHEMINFO which is available for quick
reference to possible hazards in that department.
If you have questions concerning this program, con-
tact your supervisor, the department safety repre-
sentative, or the Safety Director for information.
21(PERPPA39) -40- 1 -11 -89
a. The three top candidates selected from
among those interviewed shall be recom-
mended to the department head for
appointment. In the event the depart-
ment head finds none of the three
acceptable, more applicants shall be
interviewed until a second three
qualified candidates are found for
recommendation. If no satisfactory
candidate is found among the six can-
didates recommended, the position may
be readvertised.
4. Applications of unsuccessful applicants for
a class shall be kept on file during the
next six month period and shall be con-
sidered for other vacancies in that same or
similar classes 4' Provided that where 100 or
more applications are received for a par-
ticular vacancy, applications shall be kept
on file during the next one year period and
shall be considered for other vacancies in
that classification. Vacancies which occur
during these periods, for classifications
for which current applications are on file,
need not be re- advertised. Instead, selec-
tion may be made from those on file. If
fewer than three applications are on file,
the position shall be readvertised.
Additional unsolicited applications may be
added to the file during the six month /one
year period, but all applications must be
renewed at the end of the six - month /one
year period. The six month /one year period
begins with the date of appointment from
the list to fill the advertised vacancy.
5. Short term seasonal or part time positions
are normally hot subject to the selection
process. However, in certain positions it
is to the advantage of a department to
employ persons on a part -time basis as a
way of screening individuals for future
full -time employment. For this type of
position, applicants for part -time posi-
tions may be screened in the same manner as
full time employees. If part -time
employees have been appointed after going
through the normal screening process,they
may be appointed to a full -time vacancy
when one occurs within the department.
NEW SECTION: 6. Former employees who are drawing
unemployment during the period a position
is vacant may be contacted, and, if
qualified for the position, invited to be
interviewed as outlined in paragraph 117.0.
F. 3. THE SCREENING PROCESS, above.
21(PERPPA33B) -34- 10 -11 -88
Employees returning from disability leave within
the allotted period will be reinstated to their
original job or to a position of like status and
pay without loss of service credit or seniority
rights. Vacation and sick leave are not accrued
during a period of leave without pay, but accrual
will begin again upon return to employment. Failure
to return to work on or before the end of the leave
period will result in termination of employment.
113.3 MATERNITY LEAVE
The County's policy concerning maternity leave is
in compliance with the pregnancy and disability
amendment to Title VII of the Civil Rights Act of
1964, which generally provides that maternity leave
be treated as a temporary disability.
There is no fixed time when an employee must stop
work. That determination is made on advice of her
doctor. The policy governing disability leave set
out above in this section applies to maternity
leave. Sick leave, compensatory time, vacation time,
and accrued holiday time is to be used before leave
without pay is granted.
There is no fixed time for an employee to return to
work, again that is a determination to be made on
advice of her doctor. However, sick leave may only
be used while the employee is unfit to return to
work due to illness, pregnancy and /or delivery.
Once the doctor authorizes a return to work,
(Usually about six weeks) use of sick leave is no
longer authorized. Upon return to work, women have
a right to their same (or similar) job and rate of
pay.
114.0 WORK RULES __
The orderly and efficient operation of the County
government requires that certain work rules be
established. Work rules covering personal stan-
dards of conduct as well as standard operating pro-
cedures are necessary to protect the health and
safety of all employees, maintain uninterrupted
service, and to protect the County's goodwill and
property. The following work rules shall be appli-
cable to all County employees. These rules are not
intended to be all inclusive and the County shall,
when it deems appropriate, modify or establish dif-
ferent rules to insure the effective operation of
the County government.
A. Employees must be at their designated work area
on time and ready to work. Employees shall
remain at their work area, at work, until the
scheduled quitting time unless permission to
leave is granted by their supervisor.
1) Non -union employee's schedules and work hours
may vary depending upon department
requirements.
21(PERPPA2IA) -22A- 10 -12 -88
Sick leave may
children under
have a health
treatment.
be used to care for dependent
the age of eighteen (18) when they
condition that requires supervision or
Because exempt employees are able to cash out
unused sick leave under the terms of the
Unrepresented Employees Salary Resolution, it is
necessary to keep track of sick leave used by
exempt employees. Therefore, when an employee
exempt from the Fair Labor Standards Act is ill, a
deduction will still be made from the sick leave
bank, even though they are salaried employees.
109.0
HOLIDAYS
109.1
GENERAL
Employees shall be paid for
holidays in accordance
with the provisions of their
respective collective
bargaining agreement.
109.2
WEEKEND
HOLIDAYS
If a holiday falls on a Sunday,
the following
Monday shall be observed as
a holiday. If a holi-
day falls on a Saturday, the
preceding Friday shall
be observed as a holiday.
110.0
VACATION
Vacations shall be granted to
all full -time
employees in accordance with
the provisions of
their respective collective
bargaining agreement.
110.1
VACATION
SCHEDULING
Employees are responsible for knowing their vacation
standing. Seniority shall be the determining cri-
teria for vacation schedule priority. Each
employee may select the vacation dates desired from
the departmental vacation chart. If more than one
employee signs up for the same vacation period, the
employee with the most seniority shall have
priority. Normally, only two weeks' vacation time
will be given priority on the initial sign -up.
Vacation time in excess of two weeks will be
allotted after everyone has chosen dates for the
one or two week vacation to which they are
entitled. This policy may be modified by the
department head if circumstances warrant it. Those
failing to sign up within the scheduled time
period will lose their vacation priority, provided
they have received prior notification of the
deadline. Each vacation request must be approved by
the department head and the County reserves the
right at all times to restrict the taking of vaca-
tions during peak workload periods, or to determine
the number of employees that may be on vacation at
one time in a single department. Departments may
specify vacation scheduling deadlines.
21(PERPPAI8) -19- 10 -13 -88
least a 3% reduction in pay. When an employee
is demoted for administrative purposes through
no fault of the employee, the employee shall be
paid the top step in the lower pay range, if
their pay is greater than the top step, or
the nearest pay step to their current rate of
pay, rounded down, whichever is appropriate.
D. REINSTATEMENT AFTER LAY -OFF: Seniority rights
to reinstatement are governed by the
appropriate collective bargaining agreement.
Employees under the Inside, Parks, Public
Works, and Juvenile contracts who have been
laid -off shall continue to accrue seniority
during a twelve month period. Upon recall to
work, they retain any sick leave accrual which
was not paid off, and accrue vacation at the
rate dictated by their seniority.
Employees in these contracts are afforded the
opportunity to fill vacancies in any department
covered by these agreements after department
employees have had an opportunity to fill the
vacancy, but prior to vacancies being opened to
the public, provided:
1) all members who had been laid off under the
terms of the respective contract have been
recalled to work or have rejected such an offer;
2) the employee is qualified to fill the position;
3) the employee has the greatest seniority among
those still laid off;
4) the employee satisfactorily completes a 180
calendar day probation period.
Reinstated employees will be paid at the salary
level which has been budgeted for the position
to which they are hired, unless their salary
before lay off is less than the amount
budgeted. In that event they will be paid at the
closest higher step to that earned when they
left County employment. If they retain their
seniority rights, step raises are awarded on
their original anniversary date. If the twelve
month period has expired, seniority rights
expire, and the former employee begins
employment anew at the entry level pay step.
106.9 OVERTIME A. Employees, other than those exempt from the Fair
Labor Standard's Act, (FLSA) will be paid over-
time in accordance with the provisions of their
respective collective bargaining agreements.
Employees not exempt from FLSA, but exempt from
union membership are entitled to compensatory
time off (maximum of 240 hours) at time and one
half for all overtime hours worked.
B. Employees shall not work overtime without
departmental authorization.
21(PERPPAI5) -16- 12 -30 -88
106.7
1.
B. Exempt Employees. Exempt employees shall be
granted step increases in accordance with the
schedule in the Unrepresented Employees Salary
Resolution.
PART -TIME AND TEMPORARY EMPLOYMENT
Part -time and temporary employees shall be com-
pensated on an hourly basis equivalent to the
entry level hourly rate established for the
classification in which they work. They are not
eligible for step increases regardless of length of
service. Such employees are not eligible for bene-
fits unless they meet the minimum requirements of
the respective union agreement or an RCW which
applies.
Seasonal employees working in non - classified posi-
tions may be paid at rates established by the
employing department, after a rate review by the
Personnel Director.
PAY RATE ADJUSTMENT
The following personnel actions shall affect the
pay status of an employee in the manner described:
A. TRANSFERS: When an employee is transferred
from one position to another within the same pay
range, the employee shall continue to receive
the same pay step and shall maintain the same
anniversary date.
B. PROMOTIONS: When an employee covered by a
union contract is promoted, from one class to
another having a higher pay range, that
employee shall receive an increase based on the
terms of the particular union contract. Exempt
employees shall follow the rule established in
the Unrepresented Employees Salary Resolution.
When a union employee is promoted to an exempt
position, the calculation of the new salary is
based on the Unrepresented Employees Salary
Resolution. If the employee is currently paid
longevity, the longevity amount is added to the
base salary before the calculation is made.
When a Nor -Bell employee is promoted, they move
to the next higher wage which is above their
present wage in the new pay range.
C. DEMOTION: When an employee is demoted for
cause from one class to another having a lower
pay range, the individual shall be placed in a
step within the lower range which provides at
21(PERPPAI4) -15- 12 -30 -88