Ordinance 03-044 Establishes Human Resources System CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORDINANCE NO. 44
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON
ESTABLISHING A HUMAN RESOURCES SYSTEM FOR THE CITY AND OUTLINING
THE BASIC PERSONNEL POLICIES AND EMPLOYEE BENEFITS OF CITY
EMPLOYEES.
WHEREAS,the City Council is desirous of establishing a human resources system for the City
to provide the framework for the classification, compensation, recruitment, selection and
employment of city staff, and
WHEREAS, the City Council desires to set forth the policies governing the management
of the human resources functions of the city administration;
NOW THEREFORE, the City Council of the city of Spokane Valley, Washington, do
ordain as follows:
Section 1. Human Resources System Established.
A. There is established a human resources system for the City of Spokane Valley to
provide a uniform system of personnel administration and ensure that recruitment, selection,
placement, compensation, promotion, retention and separation of City employees are based upon
qualifications and fitness in compliance with this Ordinance, Federal and State laws.
B. Employment with the City shall be "at-will" and may be terminated at any time
by either the City Manager or the employee. No official or employee of the City, other than the
City Manager, shall have the authority to enter into any agreement for employment.
C. Personnel Policies that relate to wages, benefits and conditions of employment shall
be submitted to the City Council for review and approval with the City Manager authorized,
directed and empowered to development administrative policies, procedures, rules, forms and
materials that are consistent with the Personnel Policies in order to implement the human
resources system of the City. Said policies and procedures shall comply with all related state and
Federal laws, as well as City ordinances and resolutions.
Section 2. Equal Employment Opportunity.
It is the policy of the City to ensure equal employment opportunity for all employees and
appointed representatives. This commitment includes a mandate to promote and afford equal
treatment and services to all citizens, employees and City representatives, and to assure equal
employment opportunity based on ability and fitness to all persons regardless of race, religion,
color, creed, national origin, sex, marital status, age, or the presence of any sensory, mental, or
physical disability unless such disability effectively prevents the performance of the essential
duties required of the position and which are bonafide occupational qualifications.
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Section 3. Non Discrimination.
A. The City of Spokane Valley will not discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, or disability in employment or the provision of
services. It is also the intent of the City to guarantee disabled persons equal opportunity to
participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled
employees a bias free work environment.
Section 4. Sexual Harassment.
A. it is the policy of the City to seek to eliminate and/or prevent sexual harassment in
general, as well as to alleviate any effects sexual harassment may have on the working conditions
of an employee. In response to formal reports of sexual harassment, the city will seek to protect
all parties involved from retaliation, false accusations, or future harassment, and, where
indicated, will take reasonably prompt and adequate remedial measures.
B. The City Manager or designee shall investigate and appropriately respond to all
complaints of sexual harassment. If the City Manager is the subject of the complaint, then an
independent outside agency shall investigate the complaint. Any records related to sexual
harassment shall be sealed and retained in a separate peronnel filed maintained by the Human
Resources Manager.
Section 5. Reporting Improper Governmental Action—Whistleblowing.
A. In accordance with RCW 42.41, City officials and staff shall conduct City business
with the utmost integrity and in strict accordance with all applicable federal, state and local laws.
Accordingly, employees are encouraged to bring to the attention of the City Manager improper
actions of City officials and employees. if the City Manager is the subject of the complaint, then
the improper actions shall be reported to the City Attorney who shall consult with the City Council
on a course of action. The City will not retaliate against any employee who makes such a
disclosure in good faith.
B. The City Manager is authorized and directed to develop and implement
administrative policies and procedures to carry out the intent of this section and otherwise comply
with State law related hereto.
Section 6. Drug Testing.
A. The City Manager shall require an appropriate post-offer pre-employment
physical exam and drug screen test of all prospective City employees.
B. Employees required to maintain a Commercial Driver's License (CDL) shall be
subject to periodic random drug testing as required by law.
C. Upon a finding by an employee's supervisor of reasonable suspicion that the
employee's ability to properly perform the job has been lessened by the use of intoxicating liquor
and/or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an
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employee may be required to submit to alcohol or drug testing if the employee is injured or
injures another employee during work hours or is involved in a work-related accident and the
city reasonably suspects that the employee's actions or failure to act contributed to the injury or
accident.
Section 7. Employee Classification.
A. Position classifications shall be developed and maintained for City employment.
A job description shall be prepared and maintained so that that the classifications and
accompanying salary reflect the current duties and responsibilities of the job.
B. Significant changes in the duties and responsibilities of any position within the
city service shall result in an evaluation of the position and possible reclassification based on
such changes. All position classifications shall be reviewed periodically to assure that the
classification reasonably reflects the current duties and responsibilities of the position.
C. Whenever the designated Human Resources Manager has classified a new
position or reclassified an existing position, as required by subsections (a) and (b) of this section,
the Human Resources Manager shall submit the changes to the City Manager for approval. To
the extent the foregoing results in a change in an employee's current salary or wages, such
change shall not become effective until inclusion and adoption through a budget ordinance of the
City Council.
Section 8. Salary Plan—Hiring Rate.
A. The City Manager shall develop an annual salary plan for all City positions that
results from an evaluation of duties and responsibilities.
B. The salary plan shall be presented and considered as part of the annual budget
adoption process, and shall include the grade, title and salary range of all classified City
positions.
C. New prospective City employees meeting the minimum qualifications for the
position shall normally be hired at the minimum rate of pay within the salary range. However,
when a prospective employee's current rate of pay exceeds the minimum rate of pay of the
respective job title, or a prospective employee's qualifications, experience, and record of
achievement considerably exceed the minimum requirements for the position, the City Manager
may authorize a salary above the minimum. No employee shall be hired in excess of the
approved salary range established for the position.
Section 9. Overtime - Compensatory Time Off.
A. For the purposes of computing eligibility for overtime pay, the term employee
refers to those employees identified by RCW 49.46.130 who are eligible for overtime
compensation. Employees who are exempt from the overtime provisions of the Fair Labor
Standards Act (FLSA) and RCW 49.46.130 shall not receive any overtime pay. Employees who
are not exempt from the FLSA shall by compensated for overtime at the rate of one and one-half.
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for hours worked in excess of the number of hours allowed per work week as designated under the
Fair Labor Standards Act.
B. When warranted, personal leave for exempt employees may be granted by the City
Manager in recognition of extraordinary work time required of exempt positions.
Section 10. Social Security and Medicare.
A. The City of Spokane Valley shall offer a substitute social security program, and
shall not participate in the Social Security System (FICA) for employees covered by a qualified
retirement program.
B. Casual, part-time and temporary employees who are not covered by a qualified
retirement program shall participate in the Social Security System (FICA) as required by law.
C. The Social Security Substitute Program shall be a 401 A plan approved by the City
Council. City and employee contribution rates and maximums shall match FICA contribution
rates and maximums as published in the Internal Revenue Service's Employer's Tax Guide, IRS
Publication 15.
D. As required by law,the City shall participate in the Medicare program.
Section l i. Retirement. All regular full-time City employees, except the City Manager
who has the option of joining an alternate portable retirement plan in lieu of PERS, shall be
required to participate in the state mandated Washington State Public Employees Retirement
System (PERS).
Section 12. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this ordinance.
Section 13. Effective Date. This ordinance shall be in full force and effect on the
official date of incorporation provided publication of this ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
Passed by the City Council of the City of Spokane Valley on MIA", a0, 2003.
Mayor, Michael DeVlemu g
ATTEST:
--2—eeZZAA4L1
Interim City Clerk, Ruth Muller
Approved as to Form:
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T teri City • o' e . Stanley Schwartz
Da of Publication : At - % Z?, 1663
Effective Date: in /, J )03
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