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HomeMy WebLinkAboutres1989-0431 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY Consent PROPOSED BY County Executive DATE: May 4, 1989 RESOLUTION NO. 89 -43 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, a new federal law requires that the County adopt a policy to help insure a drug free workplace, and WHEREAS, some confusion recently arose over the policy concerning adverse weather, or emergencies, demonstrating a need to clarify the policy. 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 21, 22, 24, 25, and 26 as set forth in Appendix A to this Resolution for these existing pages. PASSED this 4th _day of May 1989. WHATCOM COUNTY COUNCIL ATTEST: Clerk of the Council AP 7 AS TO O; �'7�OVL� RM / Cifi1 DDeeppputy Prosecuting Attorney. 4(RESPPM2) 4 -20 -89 112.2 MILITARY LEAVE The County shall observe the State Statute regarding military leave which states the following: Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen days during each calendar year. Such leave shall be granted in order that the person may take part in active training duty in such manner and at such time as he may be ordered to active training duty. Such mili- tary leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city or other political subdivision, his /her normal pay. (RCW 38.40.060). 112.3 BEREAVEMENT LEAVE If an employee suffers a death in the immediate family, the employee shall be allowed bereavement leave in accordance with the provisions of his /her respective collective bargaining agreement. 112.4 ABSENCE DUE TO ADVERSE WEATHER OR EMERGENCIES Absence from work due to an employee's inability to report for scheduled.work because of severe incle- ment weather, conditions caused by severe inclement weather or other unusual emergency conditions shall be charged first to any compensatory time which had been accrued. If the employee has no compensatory time accrued, the absence will be charged to one of the following in sequential order, unless the employee wishes to designate a specific alternative option. a. Any accrued vacation leave, b. Accrued sick leave up to a maximum of three days in a calendar year, c. Leave without pay. Tardiness due to an employee's inability to report for scheduled work because of severe inclement weather, conditions caused by severe inclement weather, or other unusual emergency will be allowed up -to one hour at the beginning of the work day. 21(PERPPA20) -21- 3 -9 -89 Tardiness in excess of one hour shall be charged as provided above. Employees who wish to leave work early during adverse weather conditions may do so with the concurrence of their supervisor. The time lost will be charged as provided above. 113.0 LEAVE OF ABSENCE WITHOUT PAY 113.1 NON- DISABILITY LEAVE On rare occasions, leave of absence without pay may be granted an employee. Requests for such leave must be made in writing and be approved by the department head in question with the period of leave being specified and approved in writing. Leaves of absence without pay for periods of five or less work days may be granted by the Department Head. Requests for longer periods of time will be forwarded to the County Executive for final appro- val. Leave of absence without pay may be granted with the actual time period contingent upon the reason for the leave, the needs of the department, the needs of the employee, the past performance of the employee, the availability of a temporary replacement, and other pertinent facts. Except as otherwise provided in a collective bargaining agreement, leaves of absence will not be granted for periods longer than eight -nine (89) calendar days. Leave of absence without pay must be requested at least two weeks prior -to the date the leave is to begin to allow time to process the request and to find a replacement, if that is necessary. Leave without pay will not be considered until after the employee has used or scheduled all compensatory time, vacation, or other paid holiday time which has been accrued. 113.2 DISABILITY LEAVE Unless a collective bargaining agreement specifies otherwise, disability leave without pay may be granted a non -work related ill or injured employee for periods not to exceed eighty -nine (89) calendar days. Leave without pay will not be considered until after the employee has used all sick, compen- satory, vacation, and holiday time which has been accrued. Approval of a request for Disability Leave is subject to the conditions outlined in 113.0 above, and upon the expectation that the employee will return to work within the allotted time period. An estimate from the doctor of the length of time the employee is expected to be off work may be requested prior to approval. Benefit premium coverage is not provided the employee by the County during leave without pay unless such coverage is provided for in either a collective bargaining agreement or the terms of the benefit coverage. Depending upon the terms of the contract, self payment for coverage may be an option. 21(PERPPA21) -22- 4 -6 -89 K. Employees shall report for and remain at work only in a physical condition that enables them to perform the full range of their responsibility. Employees shall report for work dressed in clothing which is appropriate for their job assignment. L. Employees shall not neglect their duties and responsibilities, or refuse to perform assigned work, or to comply with a lawful directive. M. Employees shall not engage in immoral conduct, fight, engage in horseplay, gamble or use abu- sive language while on duty or on County premises. N. Employees shall not use County telephones for personal calls, or conduct personal business during working hours on County premises. 0. Employees shall not post notices on the County premises without prior approval from the appropriate authority. P. Employees shall not possess or use intoxicating beverages or illegal drugs during the work day, 1) Employees shall not possess or use intoxicating beverages or illegal drugs on County premises. 2) Employees who report for work, or who are discovered to have the odor of intoxicants on their breath while at work may be subject to the full range of disciplinary action. 3) Employees are required by federal law to notify their department head within five days of their conviction of any violation of a federal or state criminal drug statute which occurred in the workplace. 4) Employees shall not possess or use firearms or other weapons on County premises unless such possession or use is necessary to the perfor- mance of their duties. Q. Employees shall not falsify records, reports or claims of illness or injury. R. Employees shall not working hours that employees or which on the job. engage in activities during are harmful to other County inhibits their effectiveness 21(PERPPA23) -24- 3 -20 -89 S. Employees shall follow all work orders and instructions unless they violate a rule or regulation or impose health or safety hazards. Willful disobedience of a lawful order is an offense which is grounds for dismissal. T. Absence from work other than on authorized leave shall be treated as leave without pay, and may be grounds for disciplinary action. Unauthorized absence from duty may result in separation from service. U. Conviction of a crime related to the cir- cumstances of employment may constitute grounds for disciplinary action pursuant to WAC 162 -16 -060. Evidence of probable cause which results in a formal charge against any employee for a crime which is related to the job, shall constitute sufficient grounds for suspension without pay, and /or dismissal. V. Sexual harassment of another person by a County employee within the scope of employment will not be tolerated, and, depending upon the seriousness of the offence, may be grounds for dismissal. (See Resolution 83 -10 - defining County Policy on Sexual Harassment, included in this Manual.) W. Employees who have knowledge of wrongdoing or illegal activity which has an effect on County operations or property have a duty to com- municate this information to their supervisor. X. Supervisors shall not be assigned direct super- visory responsibility over other close family members. Close family members are defined as husband, wife, or mother, father, sister, brother or grandchildren of either spouse. 114.1 DISCIPLINARY ACTION Employees who violate any of the work rules set forth in Section 114.0 shall be subject to disciplinary action up to and including discharge. 114.2 DRUG -FREE WORKPLACE ACT REQUIREMENTS Federal law requires that appropriate disciplinary action, up to and including discharge, be taken against employees convicted of drug violations in the workplace. Employees convicted of such drug violations will be terminated, or, if circumstances warrant a less severe penalty, they must agree to begin participation in a drug or alcohol assistance or rehabilitation program within thirty (30) days of the County being notified of the violation. Failure to satisfactorily complete such a program, 21(PERPPA24) -25- 3 -23 -89 or the occurance of any future drug related viola- tion will result in termination. The Personnel Department is available to assist employees in locating a suitable rehabilitation program. 114.3 ADMINISTRATION OF WORK RULES 115.0 GRIEVANCES The Personnel Director shall be responsible for the overall administration of the work rules to include recommending revisions, deletions, or adoption of new rules. He /she shall also be responsible for advising department heads on the proper implemen- tation of work rules. Any employee having a problem or grievance regarding his or her employment shall first discuss the problem with his /her immediate supervisor. If the problem is not solved to the employee's satis- faction, the employee has the right to discuss the problem with the next level of supervision, and so on, in an effort to resolve the problem within the department. A. Union employees. If the problem cannot be solved within department channels, the employee has the right to file a grievance with his or her union representative about the matter. B. Exempt employees. Exempt employees who are unable to resolve problems concerning employment within their departments, may appeal their case to the County Executive for final resolution. The County Executive may at his /her discretion refer the matter to an impartial three person panel (which normally will include the Personnel Director and two others appointed by the Executive) for investigation and recommendation. 115.1 DEFINITION OF A GRIEVANCE A grievance, for the purpose of this document, is a complaint regarding any dispute or controversy which might arise as to the interpretation or application of a collective bargaining agreement; alleged poor working conditions; unjust application of discipline; or unfair application, interpreta- tion, or violation of rules, policies and proce- dures of the County, or of the department for which the employee works. Grievances involving union employees covered by a collective bargaining agreement will be handled in accordance with the terms of that agreement. 21(PERPPA25) -26- 3- 20 -89, T TO: WHATCOM COUNTY COUNCILMEMBERS - FOR YOUR INFORMATION WASHINGTON LOCAL, GOVERNMENT PLRSC . .:max x�x <:;.x .. ................:'_: z.: 1076 South Franklin Street, Ol; DRUG -FREE WORKPLACE ACT As a result of the Omnibus Drug Act of 1988, beginning March 18, 1989, all recipients of federal grants - including cities and towns- -will be required to certify that they will maintain a drug -free workplace in order to remain eligible for federal contracts over $25,000 or all federal grants. To receive federal funds, cities and towns that receive block grants or entitlement grants must certify that they meet certain drug -free requirements, as outlined below. Normally this certification will occur as part of each agency's grant application process. Only those programs or agencies which directly receive the federal funds need to make certification. To determine what level of a city agency is responsible for fulfilling the certification requirements, the regulations state .that the "department, division, or other unit" responsible for performing under the grant is responsible, and not the entire city agency. Practically speaking, however, cities may want to consider a city -wide policy to provide uniformity and consistency in the workplace. The requirement applies only to direct, and not indirect, distribution of funds. For example, if a federal agency provides assistance to a state agency, and that state agency then passes through the assistance to local agencies, only the state agency is considered the grant recipient. The state agency only would be required to make a drug -free workplace certification. Or if a non - entitlement city receives its CDBG (Community Development Block Grant) monies through the state, it would not be responsible for a certification for those funds. The state office which passes through the funds must be certified drug - free. Existing federal -city contracts /grants are not subject to the certification rule unless they are modified, on or after March 18, 1989, so that they are considered a new commitment. If the March 18 deadline is impossible to meet, LGPI suggests that the city certify that it is in the process of developing a policy or program, to be in place by a specified date in the future. How do cities certify the workplace? The new Act requires that grantees certify their workplace is drug -free by doing the following: • Publish and distribute to workers a policy prohibiting illegal drugs in the work place. • Make it a requirement that each employee involved with the grant be given a copy of the policy. (A simple way. of documenting this is to have employees place initials beside their names on an employee roster, indicating that they received a copy) • Establish a drug -free awareness program to educate employees. The program must inform employees about the dangers of drug abuse in the workplace; the grantee's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation or employee assistance program (such as the EAP program the AWC Employee Benefit Trust offers to its member .cities'); and . the employee penalties for drug abuse violations in the workplace. The program need not be complex or expensive - -a brown bag lunch with a guest speaker from a local treatment center will satisfy this requirement. M,_{y • Require workers to notify their employe if they are convicted of any violation.'of federal or state criminal drug statute;�2 occurring in the workplace. The: employ must notify the employer within five(5) days of the conviction, and . the employe must then notify the granting agenc}r�,. p% within ten (10) days after receiving.tli`e`', conviction notice from the emnlovee'. , • Take appropriate personnel action`aga the convicted employees (up to and­-' including discharge) or require the employee to participate in a drug::',",,, assistance or rehabilitation program.;T action must be taken within 30 days °al the grantee receives the employee's;;.;;;; conviction notice. Cities in violation of the Act . Cities which do not comply with the requirements may receive a suspension of grant payments; may have the grant itself terminated or suspended; or may be suspended or disbarred from future not eligible to receive any federal 'grant' funds for a maximum of five years. Penalties may be imposed against grarite which have a high number of employees' with workplace drug abuse convictions:.: t funding. A grantee which is disbarred is What the Act doesn't require... Aside from the additional paperwork Act does not limit the right of employers', requirements, the Act does not place discipline employees with substance abuse,;;,: {';;�N;; significant burdens on grant recipients. problems. Since the Act is limited strictly; Cities are not required to begin drug the workplace, it does not place testing, nor does the Act require cities to requirements on employers or employees. include drug counseling or rehabilitation. regarding drug abuse outside the programs in their benefit packages. The workplace. 1. For more information on AWC's EAP Program, contact Carol Wilmes at AWC, 753 -4137, SCAN 234 -4137, toll -free 1- 800 -562 -8981. f'