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HomeMy WebLinkAbout2022/12/12 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF December 12, 2022 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version. Last printed 12/08/22 at 9:43 AM If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427-9670 ext. 419 Our Commission meetings are live streamed at http://www.masonwebtv.com/ and we will accept public comment via email msmith@masoncountywa.gov; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners’ office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of December 12, 2022 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday, December 12, 2022 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion 10:00 A.M. Support Services – Mark Neary 10:30 A.M. Community Development – Kell Rowen 10:40 A.M. Public Works – Loretta Swanson Utilities & Waste Management 10:55 A.M. Executive Session – RCW 42.30.110(1)(g) County Administrator Performance Review Commissioner Discussion – as needed Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator December 12, 2022 Specific Items for Review → 2023 Board assignments for Commissioners – Diane Zoren → Lewis-Mason-Thurston Area Agency on Aging open positions – Diane Zoren → November 2022 financial report – Jennifer Beierle → CAC of Lewis, Mason, and Thurston Counties subrecipient agreement – Jennifer Beierle → Personnel Policy amendments – Mary Ransier → Lead Pay addition – Mary Ransier → Plumb Bob timber harvest continued from December 5 briefing – Mark Neary Administrator Updates Commissioner Discussion → Commissioner calendar updates for the week of December 12-19, 2022 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Commissioner Boards 2022 with mtg times.doc December 8, 2022 BOARDS, COUNCILS, AND COMMISSIONS 2022 The County Commissioners represent Mason County by serving on a variety of boards, councils, and commissions as noted below. Randy Neatherlin (Commissioner District #1) North Mason Chamber of Commerce Board of Directors Mason County Audit Committee (Established by Resolution 77-16) Mason County Law Enforcement Officers/Fire Fighters (LEOFF) Board (meet 1st Tuesday, 8 a.m. in Commission Chambers) Mason County Voting Accessibility Advisory Committee (VAAC) (meets when necessary) RCW 29A.46.260(2) Olympic Region Clean Air Agency (ORCAA) – Member (Meets 2nd Wednesday of each month from 10 - 12 noon approx.) Address: 2940B Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO) Shelton Memorial Park Board of Directors – (Cemetery) (meet as necessary) Washington Counties Risk Pool – Board of Directors Member West Sound Alliance Steering Committee – Pamela Browning is contact, 360-377-4900 Kevin Shutty (Commissioner District #2) Board of County Commissioners, Chair Mason County Law Library Mason County Finance Committee Canvassing Board Economic Development Council Board (Meets 2nd Thursday of each month; 7:45 -9:00 am at PUD auditorium – 426-2276) Alliance for a Healthy South Sound (AHSS) Executive Committee – (Andy Chinn is contact, 206-550-5568, meet as necessary. Website is Healthysouthsound.com) Criminal Justice Working Team (RCW 72.09.300, meets as needed) MACECOM (meet 2nd Tuesday, 3 p.m. @ City of Shelton) Mason County Clean Water District Olympic Region Clean Air Agency (ORCAA) - Alternate Member (Meets 2nd Wednesday of each month from 10 - 12 noon approx. Address: 2940B Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO) - Alternate Thurston Mason Behavioral Health Organization (TMBHO) (Meet 3rd Thursday, 1 p.m., Thurston Co. Courthouse) Washington Counties Risk Pool – Board of Directors Alternate Member Transmission Corridor Working Group (appt. July 2021) Puget Sound Partnership’s Ecosystem Coordination Board (term ends 6/30/25) Sharon Trask (Commissioner District #3) Board of County Commissioners, Vice-Chair Community Action Council Board of Directors (Meet at 420 Golf Club Rd SE, Lacey) Courthouse Security Committee Lewis-Mason-Thurston Area Agency on Aging Council of Governments (COG) (Meets 4th Thursday of each month at 2 p.m. Address: 2404 Heritage Court SW, Suite A (first floor), Olympia, WA 98502 Mason County Lodging Tax Advisory Committee – Chair (meets when necessary) Memorial Hall Committee - Chair (meets last Wednesday every other month) Pacific Mountain Workforce Development Council (PacMtn) WSAC Legislative Steering Committee (LSC) Washington Counties Risk Pool – Board of Directors Alternate WA Association of Counties Board of Directors (WSAC) ALL COMMISSIONERS Mason County Commissioners Mason County Board of Health Mason Transit Authority Mason County Elections Canvassing Board Hood Canal Coordinating Council (All Commissioners sit on HCCC, Mason County has 1 vote, Cmmr. Shutty is voting member – membership is designated by Resolution 97-19) NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Lewis-Mason-Thurston Area Agency on Aging Advisory Council Openings Mason County is seeking applicants to serve on the Lewis-Mason-Thurston Area Agency on Aging Advisory Council (LMTAAA). The Lewis-Mason-Thurston Area Agency on Aging is a local governmental agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The advisory council makes recommendations to the governing board and staff. Members serve a two-year term and meet the first Wednesday of the month at the Are Agency on Aging office at 2404 Heritage Court SW Suite A in Olympia from approximately 9:30 a.m. to 12:00 p.m. Members are not paid; however, automobile mileage is covered. The website address is http://www.lmtaaa.org. For more information about the LMTAAA, please contact Jessica Hodges at (360) 664- 2168 ext. 108 or jessica.hodges@dshs.wa.gov. For an application, please contact the Mason County Commissioners Office at (360) 427- 9670 ext. 419 or visit the County website at http://www.masoncountywa.gov. Applications will be accepted until the positions are filled. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Reappointment of Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging Advisory Council. Background/Executive Summary: The Lewis-Mason-Thurston Area Agency on Aging is a local government agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The Advisory Council makes recommendations to the Council of Governments and staff. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to reappoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging to complete a full-term ending December 31, 2024. Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2922 Agenda Date: Click or tap here to enter text. Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Mason County Monthly Financial Report for November 2022 Background/Executive Summary: Review of Cash Balances, and Budget to Actual Revenues and Expenditures for all County Funds through November 2022. Budget Impact (amount, funding source, budget amendment): Budget to Actual Comparison of 2021 & 2022 Public Outreach (news release, community meeting, etc.): N/A Requested Action: N/A Attachments: Mason County Monthly Financial Report for November 2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Sub-recipient agreement with Community Action Council of Lewis, Mason, and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). Background/Executive Summary: The County applied for and was awarded a Public Services CDBG grant through the Washington Department of Commerce. The County has partnered with the Community Action Council who will provide referrals and/or direct client services for eligible participants who are residents of Lewis or Mason County. This effort is funded under CDBG contract #21-62210-010. The contract total is $102,000 with a performance period 7/1/2022 through 6/30/2023. This is a formula grant that can be applied for annually. The County has agreed to serve as the applicant and grantee for this program. Grant funds of $3,500 will be available to off-set administrative costs. The sub-recipient agreement with the Community Action Council is for $98,500. The primary responsibilities include providing referrals for a minimum of 7,000 individuals in Mason and Lewis counties, of which a minimum of 3,400 must meet HUD’s 51% income qualification. Responsibilities also include providing Children’s Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 350 must meet current HUD’s low – middle income qualifications. Budget Impact (amount, funding source, budget amendment): This project is fully funded by the CDBG grant. Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Approval for the Chair to sign the sub-recipient agreement with Community Action Council of Lewis, Mason, and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). Attachments: Agreement Revised 1/25/2021 Page 1 of 21 SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES This Agreement is made between Mason County (herein called the Local Government) and Community Action Council of Lewis, Mason and Thurston Counties (herein called Subrecipient) for the 2022 Public Services Community Development Block Grant project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 21-62210-010 (CFDA 14.228), to fund the Project with Federal Award Identification Number B-22-DC-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review • Ensure grant activities are completed • Conduct a final public hearing • Complete the grant close-out process with COMMERCE Revised 1/25/2021 Page 2 of 21 B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks • Provide referrals for a minimum of 7,000 individuals in Mason and Lewis Counties of which a minimum of 3,400 must meet HUD’s 51% income qualification. • Provide Children’s Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis Counties, of which a minimum of 350 must meet current HUD’s low-middle income qualifications. • Formulate and submit required reports and payment requests to LOCAL GOVERNMENT in an accurate and timely manner. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows: A. Subrecipient: Community Action Council of Lewis, Mason and Thurston Counties Name of Representative: Kirsten York, CEO Mailing Address: 3020 Willamette Dr NE City, State and Zip Code: Lacey, WA 98516 Telephone Number: 360-438-1100 Fax: 360-491-7729 E-mail Address: kirsteny@caclmt.org UBI#: 600-503-120 B. Local Government: Mason County, Washington Name of Representative: Toni Monnier Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360-427-9670 ext 644 Fax Number: 360-427-8437 E-mail Address: tmonnier@masoncountywa.gov Revised 1/25/2021 Page 3 of 21 4. BUDGET The Local Government will pass through to the Subrecipient no more than $98,500 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount 05 Public Services $98,500 Indirect Cost Rate: ___% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out “N/A” declining to charge indirect Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of Modified Total Direct Costs (MTDC) will be used. “Modified Total Direct Costs” shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement’s Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section and 2 CFR Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and Revised 1/25/2021 Page 4 of 21 audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within 30 days after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT, the LOCAL GOVERNMENT may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB- RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL GOVERNMENT under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the LOCAL GOVERNMENT. Revised 1/25/2021 Page 5 of 21 D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT. E. E-verify: The E-Verify contractor program for Mason County applies to contracts of $100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work for Mason County. As used herein, “status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the LOCAL GOVERNMENT, to provide a copy of each such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a) termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or LOCAL GOVERNMENT, or (2) the happening of any event or occurrence, unless Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set Revised 1/25/2021 Page 6 of 21 forth the reasons for which Subrecipient believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Subrecipient shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: Subrecipient shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has given LOCAL GOVERNMENT a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT. There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the arbitration demand, the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and process with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason, or a neighboring county in the event of a conflict of interest. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. Revised 1/25/2021 Page 7 of 21 K. Communication: Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without prior notice to LOCAL GOVERNMENT. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers’ Compensation The Subrecipient will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government as detailed in “Exhibit C Insurance Requirements.” The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance Revised 1/25/2021 Page 8 of 21 required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government’s governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Revised 1/25/2021 Page 9 of 21 The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. Revised 1/25/2021 Page 10 of 21 All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government’s CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 will be used to meet Revised 1/25/2021 Page 11 of 21 one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program’s approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Revised 1/25/2021 Page 12 of 21 B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under Revised 1/25/2021 Page 13 of 21 this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government’s governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. Revised 1/25/2021 Page 14 of 21 12. PERFORMANCE WAIVER The Local Government’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Insurance Requirements Exhibit D Certificate of Insurance Exhibit E Sample Forms and Instructions IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON COMMUNITY ACTION COUNCIL OF LEWIS, MASON & THURSTON COUNTIES By: _____________________________________ By: ____________________________________ Kevin Shutty, Chair Kirsten York, CEO Title: ___________________________________ Title: __________________________________ Date: ___________________________________ Date: __________________________________ Approved As To Form: ___________________________________________ Tim Whitehead, Chief DPA Revised 1/25/2021 Page 15 of 21 EXHIBIT A SCOPE-OF -WORK The Community Action Council of Lewis, Mason and Thurston Counties (CAC) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (LOCAL GOVERNMENT) policies and procedures. It is the CAC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct participant eligibility screening for Lewis and Mason county residents to determine program eligibility in compliance with CDBG requirements. 2. Provide referrals for a minimum of 7,000 individuals in Mason and Lewis counties of which a minimum of 3,400 must meet current HUD's low-middle income qualifications. 3. Provide Children’s Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 350 must meet current HUD’s low-middle income qualifications. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. 4. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 5. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL GOVERNMENT on a quarterly basis due October 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Toni Monnier and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to LOCAL GOVERNMENT on a quarterly basis due October 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Toni Monnier. LOCAL GOVERNMENT will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions Toni Monnier Mason County 411 N. 5th Street Shelton, WA 98584 tmonnier@masoncountywa.gov 6. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL GOVERNMENT. Revised 1/25/2021 Page 16 of 21 7. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG requirements. 8. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including grant close-out process as requested. 9. Assist with preparation of 2023 Public Services Grant application as requested by LOCAL GOVERNMENT. Revised 1/25/2021 Page 17 of 21 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of $98,500 allows for reimbursement requests for staff salaries and benefits including administration and accounting pooled costs. The SUB- RECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies and/or other indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable Mason County's (LOCAL GOVERNMENT) policies and procedures. 5. SUB-RECIPIENT will provide LOCAL GOVERNMENT with a copy of the annual A-133 compliant audit within nine months of the end of CAC's fiscal year. Revised 1/25/2021 Page 18 of 21 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT’s employees will use personal autos in any way on this project, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of LOCAL GOVERNMENT following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds LOCAL GOVERNMENT, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT (hereinafter “indemnifying PARTIES”) to comply with these provisions. B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to LOCAL GOVERNMENT, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect LOCAL GOVERNMENT’s protection without LOCAL GOVERNMENT’s prior written consent. Revised 1/25/2021 Page 19 of 21 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to LOCAL GOVERNMENT prior to the execution of this Contract. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, LOCAL GOVERNMENT has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB- RECIPIENT. F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to LOCAL GOVERNMENT. G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to LOCAL GOVERNMENT. If SUB-RECIPIENT’s existing coverage includes a self- insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until LOCAL GOVERNMENT executes a written statement to that effect. Revised 1/25/2021 Page 20 of 21 EXHIBIT D CERTIFICATE OF INSURANCE Revised 1/25/2021 Page 21 of 21 EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS Sample A-19 https://deptofcommerce.app.box.com/s/ccnsdhpgh3sm33c9gra7w0ge51sahmor Sample Quarterly Beneficiary Report and Instructions https://deptofcommerce.app.box.com/s/c18g076akpjrfauyh018jzmqtm4yc1yr Sample Project Status Report https://deptofcommerce.app.box.com/s/97uo83tp9obnu79382wv3svkk02ah3sm Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Addition of Continuous Service Definition to Page 2 of Personnel Policy Background/Executive Summary: Human Resources has updates to assist the Board in the coordination of County administrative and personnel programs. Continuous service is referenced but not defined in the policy. The proposed language is: Continuous Service: the most recent period of County employment unbroken by periods of unauthorized absence, separation of employment due to discharge, resignation, retirement, or other reason where employment relationship has ceased, or periods of layoff twelve (12) months or longer. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution amending the Mason County Personnel Policy to add the definition of “Continuous Service”. Attachments: Resolution Personnel Policy RESOLUTION NO. ________ A RESOLUTION AMENDING RESOLUTION 2022-047 MASON COUNTY PERSONNEL POLICY, TO ADD, REMOVE, AND UPDATE LANGUAGE IN THE PERSONNEL POLICY MANUAL AND MASON COUNTY CODE WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of the Personnel Policy; and WHEREAS, it is necessary and appropriate to add a definition of Continuous Service to the Personnel Policy NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Resolution 2022-087 Mason County Personnel Policy to add a Continuous Service definition. This resolution shall become effective immediately upon its passage. ADOPTED THIS ____ day of ________. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: ________________________________ Kevin Shutty, Chair _____________________________ McKenzie Smith, Clerk of the Board ________________________________ Randy Neatherlin, Commissioner APPROVED AS TO FORM ________________________________ Sharon Trask, Commissioner ______________________________ Timothy Whitehead, Deputy Prosecuting Attorney MASON COUNTY PERSONNEL POLICIES Revised December 6, 2022- RESOLUTION No. 2022-087 Mason County Personnel Policies Page ii Table of Contents CHAPTER 1 PURPOSE AND SCOPE ............................................................................................................. 1 1.1 INTRODUCTION ......................................................................................................................... 1 1.2 INTENT OF POLICIES ................................................................................................................. 1 1.3 SCOPE OF POLICIES ................................................................................................................... 1 1.4 CHANGING THESE POLICIES .................................................................................................... 2 1.5 DEFINITIONS ............................................................................................................................. 2 CHAPTER 2 GENERAL POLICIES AND PRACTICES ....................................................................................... 2 2.1 EMPLOYEE PERSONNEL RECORDS ......................................................................................... 3 2.2 EMPLOYMENT VERIFICATION ................................................................................................. 3 2.3 EMPLOYEE BADGE POLICY ..................................................................................................... 3 CHAPTER 3 RECRUITING AND HIRING ....................................................................................................... 6 3.1 RECRUITING .............................................................................................................................. 6 3.2 HIRING ...................................................................................................................................... 6 3.3 EXTRA HELP EMPLOYEES ........................................................................................................ 7 3.4 EMPLOYMENT OF RELATIVES (NEPOTISM) ........................................................................... 8 3.5 PROMOTIONS ........................................................................................................................... 9 CHAPTER 4 HOURS AND ATTENDANCE ................................................................................................... 10 4.1 WORKING HOURS .................................................................................................................. 10 4.2 HOURS OF WORK AND OVERTIME ....................................................................................... 10 4.3 COMPENSATORY (COMP) TIME ............................................................................................. 11 4.4 ATTENDANCE ........................................................................................................................... 12 4.5 EMERGENCY CLOSURES ......................................................................................................... 12 4.6 BREAKS AND MEAL TIME ...................................................................................................... 14 4.7 CALL BACK ............................................................................................................................... 17 4.8 PAYROLL RECORDS ................................................................................................................. 17 CHAPTER 5 COMPENSATION ................................................................................................................... 18 5.1 SALARY CLASSIFICATION AND GRADES ............................................................................... 18 5.2 EMPLOYEE PAY RATES........................................................................................................... 18 5.3 LONGEVITY ............................................................................................................................. 19 5.4 RECLASSIFICATION ................................................................................................................ 20 5.5 PAYDAYS ................................................................................................................................. 20 Mason County Personnel Policies Page iii 5.6 DEDUCTIONS .......................................................................................................................... 20 5.97 COMPENSATION UPON SEPARATION ................................................................................... 21 5.8 UNIFORM ALLOWANCE .......................................................................................................... 21 5.9 PERSONNEL ACTION POLICY ................................................................................................. 22 5.10 CAREER INCENTIVE PAY POLICY ........................................................................................... 24 CHAPTER 6 BENEFITS ............................................................................................................................... 28 6.1 RETIREMENT BENEFITS ......................................................................................................... 28 6.2 WORKERS COMPENSATION .................................................................................................. 28 6.3 HEALTH INSURANCE BENEFITS ............................................................................................. 29 6.4 CONTINUATION OF INSURANCE COVERAGE ....................................................................... 29 6.5 UNEMPLOYMENT COMPENSATION ..................................................................................... 30 CHAPTER 7 LEAVES .................................................................................................................................. 31 7.1 VACATION LEAVE .................................................................................................................... 31 7.2 SICK LEAVE .............................................................................................................................. 32 7.3 LEAVE WITHOUT PAY ............................................................................................................. 42 7.4 JURY AND WITNESS LEAVE ................................................................................................... 42 7.5 ADMINISTRATIVE LEAVE ........................................................................................................ 43 7.6 MILITARY LEAVE ..................................................................................................................... 43 7.7 FAMILY LEAVE ........................................................................................................................ 43 7.8 BEREAVEMENT LEAVE ........................................................................................................... 45 7.9 WASHINGTON PAID FAMILY & MEDICAL LEAVE .................................................................. 46 7.10 WASHINGTON STATE LONG TERM CARE TRUST ACT “WA CARES” COMPLIANCE ........... 47 7.11 HOLIDAYS ............................................................................................................................... 48 7.12 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE ........................................................ 49 7.13 BENEFITS FOR PART-TIME AND EXTRA HELP EMPLOYEES ................................................. 49 CHAPTER 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT ..................................................................... 50 8.1 GENERAL CODE OF CONDUCT ............................................................................................... 50 8.2 WORKPLACE SAFETY AND VIOLENCE PREVENTION ............................................................ 50 8.3 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST ..................................................... 54 8.4 REPORTING IMPROPER GOVERNMENTAL ACTION ............................................................. 55 8.4 POLITICAL ACTIVITIES ............................................................................................................ 57 8.5 NO SMOKING POLICY ............................................................................................................ 58 Mason County Personnel Policies Page iv 8.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS .................................... 59 8.7 USE OF COUNTY EQUIPMENT ............................................................................................... 59 8.8 BULLETIN BOARDS ................................................................................................................. 60 8.9 CONTACT WITH THE NEWS MEDIA ....................................................................................... 60 8.10 SOLICITATIONS ....................................................................................................................... 60 8.11 SAFETY .................................................................................................................................... 60 8.12 SUBSTANCE ABUSE ................................................................................................................ 61 8.13 USING POSITION FOR PERSONAL GAIN ............................................................................... 62 CHAPTER 9 SEPARATION ......................................................................................................................... 63 9.1 LAYOFF .................................................................................................................................... 63 9.2 RESIGNATION ......................................................................................................................... 63 9.3 RETIREMENT ............................................................................................................................ 63 9.4 OFFBOARDING ......................................................................................................................... 63 CHAPTER 10 COMPLAINT PROCEDURES ................................................................................................. 64 10.1 COMPLAINT PROCEDURES .................................................................................................... 64 CHAPTER 11 EDUCATIONAL ASSISTANCE ................................................................................................ 65 11.1 INTRODUCTION ...................................................................................................................... 65 11.2 OBJECTIVE .............................................................................................................................. 65 11.3 PROCEDURES ......................................................................................................................... 65 CHAPTER 12 EQUAL EMPLOYMENT OPPORTUNITY ................................................................................ 67 12.1 PURPOSE ................................................................................................................................ 67 12.2 POLICY .................................................................................................................................... 67 12.3 PROHIBITION OF DISCRIMINATION, HARASSMENT, AND RETALIATION .......................... 67 12.4 EMPLOYMENT OF PERSONS WITH DISABILITIES................................................................. 68 12.5 EMPLOYEE RESPONSIBILITIES .............................................................................................. 68 12.6 SUPERVISOR / MANAGER RESPONSIBILITIES ...................................................................... 69 12.7 COUNTY RESPONSIBILITIES .................................................................................................. 69 12.8 COMPLAINT PROCEDURE ...................................................................................................... 69 CHAPTER 13 VEHICLE USE POLICY ........................................................................................................... 71 13.1 VEHICLE USE AND SCOPE ....................................................................................................... 71 13.2 DEFINITIONS ............................................................................................................................ 71 13.3 ASSIGNMENT OF COUNTY VEHICLES .................................................................................... 73 Mason County Personnel Policies Page v 13.4 QUALIFIED NON-PERSONAL USE VEHICLES (as of 12/31/16) ................................................ 73 13.5 EMERGENCY RESPONSES ...................................................................................................... 74 13.6 SPECIAL EQUIPMENT VEHICLES ............................................................................................ 74 13.7 ECONOMIC BENEFIT TO THE COUNTY .................................................................................. 75 13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT .............................................................. 75 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES................................................. 75 13.10 BUDGET MANAGEMENT RESPONSIBILITIES ........................................................................ 75 13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES .................................. 76 13.12 SHERIFF’S OFFICE RESPONSIBILITIES ................................................................................... 77 13.13 EMPLOYEE’S RESPONSIBILITIES ........................................................................................... 77 13.14 FINANCIAL SERVICES – PAYROLL RESPONSIBILITIES .......................................................... 78 13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS ......................................................... 78 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS....................................................... 78 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS ....................................................... 79 13.18 INCIDENTAL TRAVEL AND STOPS.......................................................................................... 79 13.19 POLITICAL USE OF COUNTY VEHICLES ................................................................................. 79 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS .......................................................... 79 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS ................................................................................................................................ 80 13.22 VEHICLE USE AGREEMENT (VUA) - REQUEST FOR DRIVING RECORD ................................ 81 13.23 DRIVER DISQUALIFICATION AND REVIEW ........................................................................... 82 13.24 ACCIDENTS AND CITATIONS .................................................................................................. 82 13.25 COMMERCIAL DRIVER LICENSE ............................................................................................ 83 13.26 COUNTY VEHICLE RELATED PURCHASES ............................................................................. 83 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES ......................................... 83 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE ............................................ 84 13.29 REPAIRS AND PREVENTATIVE MAINTENANCE .................................................................... 84 13.30 GENERAL MOTOR VEHICLE SAFETY ...................................................................................... 84 13.31 SAFETY .................................................................................................................................... 85 CHAPTER 14 TRAVEL ....................................................................................................................... 86 14.1 TRAVEL EXPENSE REIMBURSEMENT .................................................................................... 86 14.2 PER DIEM (meal reimbursement) ............................................................................................ 87 Mason County Personnel Policies Page vi 14.3 SPECIAL CIRCUMSTANCES ....................................................................................................... 87 14.4 LODGING ................................................................................................................................. 88 14.5 TRANSPORTATION .................................................................................................................. 88 CHAPTER 15 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY ....................................................... 90 15.1 ELECTRONIC INFORMATION POLICY .................................................................................... 90 15.2 DEFINITIONS ........................................................................................................................... 90 15.3 ROLES AND RESPONSIBILITIES ............................................................................................. 90 15.4 EQUIPMENT AND PROGRAMS .............................................................................................. 91 15.5 E-MAIL AND VOICE MAIL (Electronic Communications) ...................................................... 91 15.6 EMAIL MANAGEMENT ........................................................................................................... 92 15.7 INTERNET ACCESS .................................................................................................................. 94 15.8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES ...................................... 95 15.9 MONITORING, AUDITING AND INSPECTION ........................................................................ 96 CHAPTER 16 – SOCIAL MEDIA POLICY ......................................................................................................... 97 16.1 DEFINITIONS ............................................................................................................................ 97 16.2 ADMINISTRATION OF SOCIAL MEDIA ...................................................................................... 98 16.2 MASON COUNTY WEBSITE ...................................................................................................... 99 16.3 SOCIAL MEDIA PUBLIC RECORDS ............................................................................................. 99 16.4 USERS AND VISITORS OF MASON COUNTY SOCIAL MEDIA .................................................. 100 15.2 BLOGGING POLICY ................................................................................................................ 101 15.3 FACEBOOK STANDARDS POLICY ......................................................................................... 103 15.4 TWITTER STANDARDS POLICY ............................................................................................ 106 CHAPTER 17 CELLULAR TELEPHONE POLICY ......................................................................................... 108 17.1 DEFINITIONS ......................................................................................................................... 108 17.2 COUNTY OWNED CELLULAR PHONES ................................................................................ 108 17.3 USE OF CELLULAR PHONES ................................................................................................. 109 17.4 PERSONAL USE OF CELLULAR PHONES ............................................................................. 109 17.5 TERMINATION OF USE OF COUNTY OWNED CELLULAR PHONES.................................... 109 17.6 RECORDS RETENTION OF CELL PHONE RECORD ............................................................... 109 17.7 SERVICE BILLING ................................................................................................................... 110 CHAPTER 18 TELEWORK POLICY ............................................................................................................... 111 18.1 PURPOSE ................................................................................................................................ 111 Mason County Personnel Policies Page vii 18.2 ELIGIBILITY ............................................................................................................................. 111 18.3 JOB RESPONSIBLITIES AND CONDITIONS ............................................................................ 111 18.4 TELEWORK SITE ..................................................................................................................... 112 18.5 COMPUTERS, SOFTWARE, SUPPLIES, AND SUPPORT ........................................................ 112 18.6 WORKERS’S COMPENSATION .............................................................................................. 113 18.7 OVERTIME, LEAVE, AND COMPENSATION .......................................................................... 113 18.8 LIABILITY ................................................................................................................................ 114 18.9 INCLEMENT WEATHER .......................................................................................................... 114 18.10 CONFIDENTIALITY ................................................................................................................. 114 Mason County Personnel Policies Page 1 CHAPTER 1 PURPOSE AND SCOPE 1.1 INTRODUCTION These personnel policies serve as a general guide to the County's current employment practices and procedures. They will help employees understand how the County operates and expectations. These policies also describe what the County provides employees in terms of compensation and benefits. The County places a high value on employees’ and their wellbeing. The County aims to provide the support necessary to achieve the mission and make productive contributions to the organization and residents of Mason County When consistent personnel policies are known and communicated to all, the opportunities for greater job satisfaction increase. Any questions, comments, concerns, or suggestions please contact an appropriate supervisor, Department Head, or Elected Official. 1.2 INTENT OF POLICIES These policies are intended as guidelines and do not constitute a contract, express or implied, or any type of promise or guarantee of specific treatment upon which any employee may rely, or as a guarantee of employment for any specific duration Although the County hopes an employment relationship will be long term, either the employee or County may decide to terminate the employment relationship. Unless specific rights are granted to an employee in civil service rules, a collective bargaining agreement, an employment contract, or elsewhere, all employees of the County are considered at-will employees and as such, may be terminated from County employment at any time with or without cause and with or without noti ce. Please understand that no supervisor, manager or other representative of the County other than the Board of County Commissioners, or the Elected Official in the case of their employee, has the authority to enter into any agreement with an employee for employment for any specified period or to make written or verbal commitments contrary to the foregoing. It is the intent and policy of Mason County to utilize best practice and industry standards when implementing personnel policies. 1.3 SCOPE OF POLICIES These personnel policies apply to all County employees unless exempted in a specific section. In cases where these policies conflict with any provision of the County Code, Civil Service rules and regulations, the provisions of a collective bargaining agreement, or state or federal law, the terms of that law, rule or regulation, or collective bargaining agreement prevail. In all other cases, these policies apply. The non-economic provisions of these policies shall apply to Elected Official's Mason County Personnel Policies Page 2 departments unless the Elected Official(s) have adopted policies covering the same subject(s) and filed those policies with the Board of county Commissioners. 1.4 CHANGING THESE POLICIES The County reserves the right to modify these policies at any time. The Board of County Commissioners or the County Administrator may deviate from these policies to achieve the primary mission of serving the citizens of Mason County. Employees may request specific changes to these policies by submitting suggestions to their Elected Official or Department Head. 1.5 DEFINITIONS Department Head: An employee who reports directly to the Board of County Commissioners or County Administrator and who is responsible for directing one or more departments. Regular Full-Time Employee: An employee who holds a budgeted position and who regularly works a minimum of forty (40) hours a week. Regular Part-Time Employee: An employee who holds a budgeted position and who regularly works less than forty (40) hours a week. Extra Help Employee: An employee who holds a job of limited duration due to special projects, seasonal or abnormal workloads, the absence of a regular employee or emergencies. Continuous Service: The most recent period of County employment unbroken by periods of unauthorized absence, separation from employment due to discharge, resignation, retirement or other reason where the employment relationship has ceased, or periods of layoff twelve (12) months or longer. Mason County Personnel Policies Page 3 CHAPTER 2 GENERAL POLICIES AND PRACTICES 2.1 EMPLOYEE PERSONNEL RECORDS A personnel file for each employee is kept in the Human Resources Department and/or in the department in which they work. An employee's personnel file contains the employee's name, title and/or position held, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, insurance enrollment forms, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in their personnel file. If the County denies the employee's request to remove the information, they may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee's personnel file will be released to the public, including the press, without a written request for specific information and notification to the employee. 2.2 EMPLOYMENT VERIFICATION Only the Elected Official, Department Head, or Human Resources are authorized to provide employment verifications on current or former County employees to outside employers. Other employees shall refer requests for employment verification to the personnel listed above. Information will be limited to verification of employment and salary unless the employee has completed a written waiver and release. Standardized release forms are available through the Human Resources Department. 2.3 EMPLOYEE BADGE POLICY To establish guidelines for the issuance of a photo identification badge to all employees and for the use of badges by employees while representing Mason County in an official capacity in an effort to provide a safe and secure workplace for all employees. Employees are expected to fully comply with all provisions of this policy. 2.3.1 Definitions Employee: For the purpose of this policy, staff member shall refer to elected officials, full -time, part-time, extra help and seasonal employees, including volunteers and interns. Employee ID Badge: The official County ID badge for all employees. The ID badges will identify employees’ name, department and position. Mason County Personnel Policies Page 4 Official Capacity: Includes any time while on County property as well as any business where the employee is representing the County. This includes operating any vehicle owned or leased by the County. 2.3.2 Requirements The Human Resources Department will provide all new staff members a copy of this policy at the time of new employee orientation. All employees are required to wear ID badges at County work areas during official capacity. ID badges are to be prominently worn so the photo is clearly visible to others. The requirement may be temporarily waived at the department’s discretion when wearing the ID badge presents a safety issue. However, the employee must carry the ID badge at all times when acting in an official capacity. Employees are responsible for safeguarding their own ID badge. Any lost or damaged ID badges should be reported immediately to the employee’s supervisor, who is responsible for reporting it to Human Resources. 2.3.3 Procedure 1. All employees of Mason County will be issued photo identification, clip, and lanyard upon completion of the ID Badge Request Form. 2. All new employees will have their ID badges made by Human Resources by appointment after completing all required new employee training (First-Aid/CPR, CORE Training, IS907 Active Shooter…). 3. Employees will be issued one ID badge. 4. New ID badges will be issued to current employees who receive a transfer, promotion, demotion, etc. to a different department or a name change. An ID Badge Request Form will need to be completed along with the required proof of ICS training if not previously done. 5. Supervisors shall report lost or damaged ID badges to Human Resources. Damaged ID badges shall be returned to the Human Resources Department. A reprint of the original ID badge will be done and sent to the department supervisor. 6. Any lost ID badge that is found should be turned in to Human Resources. 7. Upon separation of employment, an employee must turn in their ID badge to their supervisor. The supervisor will send the ID badge to Human Resources. Mason County Personnel Policies Page 5 8. An employee placed on paid/unpaid administrative leave, or that is out for an extended period of time on other leave, must turn in their badge to their supervisor until returning to work. 2.3.4 Identification Holder Responsibilities 1. Employees will not lend ID badges to anyone. 2. Do not leave ID badge on dash of vehicle or other locations where exposed to extreme temperatures or theft. 3. Do not fold, bend, deface, altered with pins, stickers, or decals, or mutilate ID badges. 4. Employees will use ID badges for official Mason County business only. 5. Do not leave ID badges unattended. 6. Employees will Immediately notify their supervisor if their ID badge is lost or missing. RESOLUTION 22-18, 4/3/18 Mason County Personnel Policies Page 6 CHAPTER 3 RECRUITING AND HIRING Employment, practices to include recruitment and hiring will be established by Human Resources. They are based solely on an applicant’s ability, merit, qualifications, and competence without regard to race, color, religion, national origin, sex, marital status, pregnancy, disability, age, or other protected status by Federal or State statute. 3.1 RECRUITING When a position becomes vacant, prior to any posting or advertisement of the vacancy, the Department Head shall review the position, its job description, and the need for such a position. The Department Head will complete the requisition process to fill the position. Approved and budgeted positions will be posted and/or advertised only after Human Resources and County Administrator have reviewed and approved. Unfunded positions must be briefed to the Board of County Commissioners before posting. County recruitments will include information about pay and other benefits for all postings in accordance with RCW 49.58.100. Interested applicants shall submit a completed application to Human Resources by the designated date prior to being considered for any position. 3.2 HIRING 3.2.1 Screening The County may screen applicants for minimum qualifications and/or subject matter expertise. The Elected Official and Human Resources may decline to move forward with an applicant for specific reasons which may include but are not limited to false statements, used or attempted to use illegal or unethical means to secure an advantage in the application process, failure to reply to inquiries, the applicant arrived late or failed to appear for a scheduled test or interview or expressed lack of interest in the position, failed to provide a completed application packet by the designated date, or improper conduct on the part of the applicant during any examination process. 3.2.2 Examinations The County may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the County. The County may contract with any agency or individual to prepare and/or administer examinations. Examples of such examinations include: requiring applicants/employees to show proof they are authorized to work in the United States, background checks, interviews, written, oral, or physical exercises, reference checks, education verification, disclosure statements, or other valid examination process. Human Resources specifies the nature and content of examinations based upon the advice and information of Elected Officials, Departments, and/or subject matter experts. Mason County Personnel Policies Page 7 Applicants for positions in which there are expectations to operate a motor vehicle will be required to present a valid Washington State driver's license with any necessary endorsements. Driving records of applicants may be checked. Applicants with poor driving records, as determined by the County, may be disqualified for employment . 3.2.3 Applicant Travel Reasonable expenses incurred by candidates for management level or hard to fill technical or professional level positions may be reimbursed when such candidates are invited by the appointing authority in writing for personal interviews and approved by the Board of County Commissioners. Expenses will be limited to transportation, lodging and meals. The transportation reimbursement shall be limited to the amount the County would pay for round trip coach class airfare. The written invitation to the interview shall include an explanation of those expenses that will be reimbursed and the method for claiming reimbursement. 3.2.4 Veteran’s Preference In accordance with RCW 73.16.010 Mason County offers Veteran’s employment preference to service members claiming such benefit in the hiring process. 3.2.5 Employee Selection The employee requisition and selection process shall be completed before any offer of employment is made. After a contingent offer of employment has been made and prior to commencement of employment, the County may require persons selected for employment to successfully pass a test for the presence of alcohol and/or controlled substances. The offer of employment may be conditioned on the results of the examination. A candidate may be disqualified from consideration if tests reveal use of alcohol and /or controlled substances (other than legally prescribed medications), or if the candidate refuses to be tested. 3.2.6 Moving Expenses At the discretion of the Board of County Commissioners and their advance approval, reasonable moving expenses of a new employee in a management level or hard to fill technical or professional level position may be reimbursed. Such reimbursement shall not exceed $5,000. Moving expenses shall mean the cost of moving household goods, furniture, clothing and other personal effects of the new employee. To be eligible for reimbursement the new employee must agree in writing to refund to the County such moving expenses if they voluntarily terminate their employment within one (1) year of their hire date. 3.3 EXTRA HELP EMPLOYEES Elected Officials and Department Heads may use extra help employees to temporarily replace regular employees who are on vacation or other leave, to meet peak work load needs, or to Mason County Personnel Policies Page 8 temporarily fill a vacancy until a regular employee is hired. Extra help employees may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. Extra help employees are eligible for overtime pay as required by law. Extra help employees normally do not receive retirement, vacation, sick leave, health insurance, holidays or any other benefits during their employment. Extra help employees pay contributions to the Social Security system and to Labor and Industries, as does the County on their behalf. Extra help employees are normally not placed on the state PERS retirement system, although there are a few exceptions based on PERS eligibility criteria, such as those who work over seventy (70) hours per month for five (5) months out of twelve on a long-term basis. 3.4 EMPLOYMENT OF RELATIVES (NEPOTISM) The immediate family, by blood or marriage, of current County employees, Elected Officials and County Commission members will not be employed by the County where: 1. One of the parties would have authority, or practical power, to supervise, appoint, remove, or discipline the other; 2. One party would handle confidential material that creates improper or inappropriate access to that material by the other; 3. One party would be responsible for auditing the work of the other; or 4. Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the County. Immediate family for the purpose of this section shall include the employee's spouse, registered domestic partner, parent, child, grandchild, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son- in-law, daughter-in-law and step relationships. 3.4.1 Change in Circumstances If two employees marry, become related, or are in a relationship and begin sharing living quarters, and in the County's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the County, unless other arrangements, as determined by the Board of County Commissioners, can be made to eliminate the potential problem. The decision as to which employee will remain with the County must be made by the two employees within thirty (30) calendar days of the date they marry, become Mason County Personnel Policies Page 9 related, or begin sharing living quarters. If no decision is made during this time, either employee may be terminated. 3.5 PROMOTIONS The County encourages promotion from within the organization whenever possible. All openings will be posted so that employees may become aware of opportunities and apply for positions in which they are interested and qualified. Before advertising a position to the general public, Human Resources may choose to circulate a promotional opportunity within the County. The County reserves the right to seek qualified applicants outside of the organization at its discretion. Employees must meet the qualifications for the vacant position to be considered for promotion. Before offering a position, the Employee Selection Process must be completed in accordance with current HR procedures. Mason County Personnel Policies Page 10 CHAPTER 4 HOURS AND ATTENDANCE 4.1 WORKING HOURS A normal working schedule for regular, full-time employees consists of forty (40) hours each work week. Different work schedules may be established by the County to meet job requirements and provide necessary County services. Each employee's Elected Official or Department Head will advise the employee regarding their specific working hours. 4.2 HOURS OF WORK AND OVERTIME All County positions are designated as either "exempt" or "non-exempt" according to the Fair Labor Standards Act (FLSA) and Washington Minimum Wage Act regulations. Employees will be informed of their status by the County. For most County employees, the established work period is forty (40) hours within a seven (7) day work week. All personnel are responsible for accurately reporting all hours worked and leave taken using the County process. Employees failing to accurately record time worked and leave taken are subject to discipline. 4.2.1 Non-Exempt Employees Non-exempt employees are entitled to additional compensation, either in cash or compensatory (comp) time off, when working more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee's supervisor. Overtime pay is calculated at one and one-half times (1 ½) the employee's regular rate of pay for all time worked beyond the established work period. When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time), is not counted as hours worked. 4.2.2 Exempt Employees Exempt employees are not covered by the FLSA or Washington Minimum Wage Act overtime provisions and do not receive either overtime pay or comp time in lieu of overtime pay. Exempt employees who are absent from work shall use paid leave time or have their salaries reduced for the following types of absences: • FMLA leave; • Participation in political activity; • Outside employment, subject to approval; or • Other activities that would be in violation of the Conflict of Interest Policy if conducted during regular work hours. • A Partial-day of absence of four (4) hours or more (half the employee’s regular workday for an employee working less than a full FTE). [RESOLUTION 89-19 – 9/3/19] Mason County Personnel Policies Page 11 4.3 COMPENSATORY (COMP) TIME Non-exempt employees entitled to overtime pay may request comp time off in lieu of cash payment. This is approved on a case-by-case basis by the supervisor. The County is not required to grant comp time instead of overtime pay. If the comp time option is exercised and approved, the employee is credited with one and one-half (1 ½) times the hours worked as overtime. 4.3.1 Comp Time Use Employees may use comp time within a reasonable time period after making a request to their supervisor, unless doing so would unduly disrupt County operations. Comp time should be used for short term absences from work during times mutually agreed to by the employee and their supervisor. 4.3.2 Maximum Accruals Maximum accruals of comp time shall not exceed forty (40) hours for regular employees unless a higher limit has been authorized in writing by the Board of County Commissioners. After maximum accrual, overtime compensation shall be paid by the appointing authority’s department. Comp time cannot be rolled over, and the allowed forty (40) hours of accrued comp time must be used by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. 4.3.3 Comp Time Upon Transfer Unused comp time is nontransferable. When an employee is transferring from one department to another and has a balance of unused comp time, the employee is encouraged to use their comp time before the effective date of transfer. When this is not possible, the transfe rring employee shall receive payment in full for the accrued comp time from the employee’s former department. Payout for comp time is not eligible for a payout payment plan. Exempt regular employees shall not be entitled to any additional compensation for hours worked more than forty (40) hours per week. Employee’s transferring from non-exempt to exempt positions are encouraged to use their comp, banked holiday, and premium time before the effective date of transfer. When this is not possible, the transferring employee shall receive payment in full for the accrued comp, banked holiday, and/or premium time from the employee’s former department. Such payout shall be paid by the appointing authority’s budget, based on the rate of pay for the position from which the employee is transferring from, not the rate of the new position. Payout for comp time is not eligible for a payout payment plan. [RESOLUTION 89-19 – 9/3/19] [PER RESOLUTION 2020-86, 11/3/20] Mason County Personnel Policies Page 12 4.4 ATTENDANCE Punctual and consistent attendance is a condition of employment. Each Elected Official and Department Head is responsible for maintaining an accurate attendance record of their employees. Employees unable to work or unable to report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty (30) minutes of the employee's usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day unless excused from daily reporting by their supervisor. If the supervisor is unavailable, the employee may leave a message with the Elected Official/Department Head or their designated representative, stating the reason for being late or unable to report for work. Failure to notify of an absence or return to work shall, with the approval of Human Resources, be considered job abandonment and/or an automatic resignation. 4.5 EMERGENCY CLOSURES During times of inclement weather or natural disaster, it is essential that the County continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering personal safety. An employee who is unable to get to work, arrives late to work, or leave s work early because of unusual weather conditions or other extreme circumstances shall charge the time missed to vacation, floating holiday, comp time or if such leave is not available, to leave without pay. The employee shall advise their supervisor by phone or in person as in any other case of late arrival or absence. In some extreme circumstances, including, but not limited to, flooding, fire, total power outages, or other public health emergencies, one or more County work locations may be unsuitable for employees to safely or effectively perform their jobs. Under such circumstances, if employees are sent home after reporting to work or told to report to work later than their regular starting time, they shall be paid for hours missed from work that day. If employees are advised before reporting to work, or if reasonable efforts were made to advise them before reporting to work, that they should not report to work, such absence for time missed from work shall be charged to vacation, personal holiday, comp time or if such leave is not available, to leave without pay. In no event shall the decision that some employees cannot work due to conditions at their work location, entitle other employees who worked, compensation beyond their regular pay. The decision to send employees home or tell them not to report to work shall be made by the Elected Official or Department Head responsible for the work location and is subject to the prior approval of the Board or a single Board member if only one Board member is avail able. If no Board member is available, the decision of the Elected Official or Department Head shall be final. Mason County Personnel Policies Page 13 Such decision shall include consideration of the expected duration of the condition, safety issues affecting employees or the public and alternative work locations. 4.5.1 County Office Closure Procedure 1. When a major snow, ice or storm event is taking place or appears to be imminent, the road operations manager or their designee shall collect information from a variety of community sources to prepare a road condition report as early as possible, but no later than 4:45 a.m. if possible. 2. On or about 4:45 a.m. the designated road operations manager shall contact the Public Works Director or their designee to discuss the road and weather conditions and latest weather forecast. 3. On or about 5:00 a.m. the Public Works Director or designee calls the Commission Chair to advise them of road conditions throughout the county and latest weather forecast and makes recommendation regarding suspending standard operations. 4. The Chair shall decide that: a. Situation does not merit suspending standard operations: The County will observe normal business operations because road conditions in most areas of the County are not hazardous; all County operations will be conducted to facilitate justice and commerce. Staff may use leave as provided in the Personnel Policy 4.5 Unusual Weather Conditions/Extreme Circumstances; or b. Opening standard operations will be delayed until specified time later in the day (preferably 10:00 a.m. or 12:30 p.m.) [or closed early if conditions merit] because extremely hazardous conditions currently exist and the safety risks of travel for employees and the public and the associated County liability outweigh the benefit of commencing designated standard operations at the normal time; or c. Extremely hazardous conditions exist and are likely to persist throughout the day and the safety risks of travel for employees, the public, and the associated County liability outweigh the benefit of conducting designated standard operations this day. Conduct of standard operations is suspended until a specified time the following day. 5. The Chair will contact the Presiding Judges of Superior and District Courts to determine if it is necessary to make special accommodations for any of their operations during the suspension of standard operations. Mason County Personnel Policies Page 14 6. By 6:00 a.m., the Chair calls Support Services staff to update the County closure information message number (360-427-9670 ext. 678) with information regarding the duration of the suspension. Support Services will contact the media and the Emergency Management/Information Technology Manager or designee. 7. The Emergency Management/Information Technology Manager or designee shall update the County website with the closure information and broadcast an AlertSense message. 8. If closure occurs during regular work hours, Support Services staff updates the County closure information message number (x678), contacts each county office, sends out an “all county" email, sends notice to website and the media. Emergency Management shall broadcast an AlertSense message. RESOLUTION 70-16 – 10/18/16 4.6 BREAKS AND MEAL TIME Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the employee’s supervisor. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. The scheduling of meal periods may vary depending on department workload. Meal periods are unpaid. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee’s workday. BREAK TIME FOR NURSING MOTHERS PROVISION: 4.6.1 Purpose and Overview The intent of this policy is to support Mason County employees who are breastfeeding and to meet the requirements of Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) as amended by the Patient Protection and Affordable Care Act (effective March 23, 2010). This policy applies to all Mason County employees. 4.6.2 Procedures This policy provides the following information: 1. A reasonable amount of time to express milk or breastfeed (lactation time) 2. Private and secure rooms to express milk or breastfeed (lactation room) 3. Employee responsibilities 4. Education and support 5. Anti-discrimination, harassment or retaliation 6. Employee Notification Mason County Personnel Policies Page 15 4.6.3 Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) Managers must provide an employee a reasonable amount of time to express milk or breastfeed their infants during the workday. The frequency of breaks and the duration may vary. In the early months of a baby’s life, nursing employees will typically need two to three breaks during an eight-hour shift. Typically, the act of expressing breast milk alone will take fifteen to twenty (15- 20) minutes. However, the actual length of break may vary depending on additional factors, such as the location of the private space and the amenities nearby (proximity to sink, milk storage area, etc.) Reasonable accommodations shall be made to provide breaks of adequate timing and length to support the ongoing production of breast milk. This may necessitate total break time in excess of that regularly scheduled on a temporary basis during the breastfeeding experience. Managers and employees will discuss requested accommodations and any schedule adjustments needed. Nursing mothers may request a flexible work schedule, subjec t to approval by management, to address their individual needs (e.g. allow employee the flexibility to come in early or stay late, or use a portion of their lunch period, to make up time). 4.6.4 Private and Secure Rooms to Express Milk or Breastfeed (Lactation Room) Federal guidelines provide that a bathroom may NOT serve as a lactation room. Lactation rooms shall be: 1. private (window coverings are required); 2. secure (lockable from the inside, if possible); 3. accommodating (comfortable seating, a table, and power outlets); 4. reasonably close to the employee’s work area; 5. provided with a sign to designate the space is in use. Although not required, when possible, the lactation room should also: 1. Be near a sink with hot water and soap for hand washing and equipmen t cleaning. 2. Have a place where expressed breast milk can reasonably be stored. This does not mean refrigeration must be provided but employees must be allowed to bring insulated food containers and ensure there is a place to store a pump and containers while they are at work. Employees in outlying work locations that do not have a designated lactation room should arrange, with their managers, an intermittent or temporary location to be used as a lactation room. Designated lactation rooms may exist at some Mason County worksites; a list of rooms and scheduling information can be found at: https://masoncountywa.gov/forms/human- resources/lactation-rooms.pdf Contact Human Resources for additional assistance or questions. Mason County Personnel Policies Page 16 4.6.5 Employee Responsibilities Any necessary equipment (breast pump, storage containers, etc.) should be securely stored at the employee's workstation or other storage area agreed upon by the employee and manager. Employees are responsible for keeping milk expression areas clean, using antimicrobial wipes. Breast milk may be stored in a labeled personal storage cooler or in a tightly closed container in a staff refrigerator. 4.6.6 Education and Support Employees have access to additional support and education for breastfeeding through the following resources. 1. Health insurance benefits may cover breastfeeding-related resources and services. Employees should contact their specific health insurance provider to inquire about resources available. 2. Contact a Mason County Public Health Nurse for additional resource information. 4.6.7 Anti-Discrimination, Harassment or Retaliation Mason County is committed to supporting its employees who are nursing mothers. As with any right conferred under the FLSA, nursing mothers who express milk or nurse their infants during the workday are protected from discrimination, harassment or retaliation. Such action is a violation of this policy and any employee engaging in such misconduct may be subject to discipline, up to and including termination. Any county employee who experiences or witnesses what may be discrimination, harassment or retaliation toward a nursing mother, is strongly encouraged to address it by asking the person to stop the behavior; and/or reporting the alleged incident to the immediate supervisor, member of management, or Human Resources. 4.6.8 Employee Notification 1. Human Resources shall notify all employees of Mason County’s Breastfeeding Accommodation Policy and Procedures upon adoption. 2. Employees will receive a copy of the Breastfeeding Accommodation Policy and Procedures during New Employee Orientation. 3. Human Resources or management shall provide a copy of the Breastfeeding Accommodation Policy and Procedures when they become aware of an employee preparing for an approaching childbirth or maternity leave. [PER RESOLUTION 37-14 – 7/8/14] Mason County Personnel Policies Page 17 4.7 CALL BACK Employees are subject to call back in emergencies or as needed by the County to provide necessary services to the public. Non-exempt employees called back to duty will be paid their appropriate rate of pay for hours worked (the overtime rate for hours worked over the applicable overtime threshold). 4.8 PAYROLL RECORDS Official payroll records are kept by the Auditor. Each Elected Official and Department Head shall submit monthly a signed payroll worksheet for all employees within their department, noting hours worked, leave taken, overtime worked and comp time taken for each employee. Each Department Head shall submit monthly, a signed statement noting regular hours worked and leave taken to the Board of County Commissioners at the Department Head's first briefing on the following month. Mason County Personnel Policies Page 18 CHAPTER 5 COMPENSATION 5.1 SALARY CLASSIFICATION AND GRADES Each regular job title is classified into one of the County's job classifications f or salary purposes. Each job classification is designated a particular salary or salary range shown on the County's salary range alignment, which is modified periodically by the Board of County Commissioners, or as specified in the applicable union agreement. Employee’s classifications, grades, and changes are to be tracked in the County’s MUNIS system to maintain the transparency, professionalism, integrity, accountability, respect and partnership between Mason County, its departments and the employees. 5.2 EMPLOYEE PAY RATES Employees shall be paid within the limits of the salary range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage rate for their classification. However, a new employee may, upon the written request of the Elected Official or Department Head and approval of the Human Resources Director, be employed at a higher rate than the minimum. When deemed appropriate, and approved by the Board of County Commissioners, an employee may be compensated at a Y-Rate, which is a rate of pay that either is between steps of the salary range or exceeds the top step of the salary range. A Y-Rate shall remain in effect until such time as a step of the salary range for the employee's job classification equals or exceeds the Y-Rate or the Board of County Commissioners rescinds their authorization for the Y -Rate. Pay increases are contingent on satisfactory performance. If an employee's performance is consistently unsatisfactory, the Elected Official or Department Head may defer a scheduled pay increase for a stipulated period of time or until the employee's job, performance is satisfactory. 5.2.1 Pay Adjustments The Board of County Commissioners may grant a pay adjustment from time to time, raising the salaries of all classifications, a defined group of classifications, or a single classification. Such adjustments, if any, will not normally change an employee's pay anniversary date. The actual day of any pay increase shall be the 1st or 16th of the month, with the exception of working out of class, depending on the date of the anniversary day (e.g., if an employee’s anniversary date is on January 14, the pay increase will take effect January 1). 5.2.2 Lead Pay The County may designate an employee as a Lead and assign Lead Pay. This designation is not considered to be a “job vacancy” or “newly created position”. An employee may be designated a lead if they are directing, overseeing, organizing or overseeing the work of other employees or specific projects. The County reserves the right to make a Lead designation based on other factors Mason County Personnel Policies Page 19 and rationale with the approval of Human Resources. A Lead cannot hire, fire, or discipline employees. Employees acting as Lead will receive an additional ten (10) percent inc rease over their current rate of pay. Lead Pay statuses will be reviewed annually as part of the budget process. 5.2.3 Out of Class Pay An employee who has been assigned to perform all of the significant duties of a higher level job classification, due to the absence of the employee who normally holds that position, and who performs such duties for five (5) or more consecutive days, shall be compensated on that step of the salary range of the higher job class that provides at least a five (5) percent increase over their (the employee working out of class) current rate of pay. 5.2.4 Transfers and Promotions Employees that accept a position in another County office or department (a position under a different Elected Official or Department Head) and that position is of a higher classification and salary range than the employee's current position, will preferably be placed on the step which results in a five (5) percent increase over the employee's current salary. In the event that the Elected Official or Department Head determines that significant training is needed for the employee in the new position, the Elected Official or Department head may offer the position at any step in the higher classification and salary range. [RESOLUTION 61-06, 6/20/06] Upon the request of the Elected Official or Department Head and approval of the Human Resources Director, a promoted employee may be placed in a step higher than that specified above. If the Human Resources Director does not concur in a request for advanced step placement for a newly hired, transferred, or promoted employee, the Elected Official or Department Head may appeal that decision to the County Administrator. 5.3 LONGEVITY The County shall provide additional monthly compensation, beginning January 1, 2023, above each eligible employee’s base salary to recognize continuous length of service as a County employee, as follows: Total Years of Service Completed Additional Pay Increment 1-10 Years 0 % 11-15 Years 1.5 % 16-20 Years 3.0 % 21-25 Years 4.5 % 26 or more Years 6.0 % Mason County Personnel Policies Page 20 Eligible regular part-time employees shall receive longevity pro-rated in proportion to the part- time employee is in pay status during the month as compared to that required of full -time employment. 5.4 RECLASSIFICATION A reclassification is a change in the allocation of a position from its current job classification to a different job classification as a result of changed duties, responsibilities, and/or authority of a position. Reclassification will be considered when an employee has been permanently assigned to perform the primary functions of a different job classification or has been permanently assigned significantly different duties, which may warrant establishing a new job classification. An employee, Department Head, or Elected Official may request reclassification by submitting a written request, which includes a justification, to the Human Resources Director. The Human Resources Director shall conduct a position analysis and respond with a recommendation in writing within thirty (30) working days. The recommendation may then be submitted to the Board of County Commissioners with supporting documentation for their review. If approved by the Board, the reclassification shall be effective as of the date of Board’s action or other effective date as may be set by the Board in such action. If the Board denies the request, the matter is closed. Step placement of an employee who has been reclassified shall be the same as if the employee had been promoted, transferred, or demoted, whichever is applicable. [PER RESOLUTION 71-15 – 12/22/15] 5.5 PAYDAYS County employees are paid semi-monthly on the 10th and 25th of each month and the payroll will be a direct deposit into the bank of the employee's choice. If a regularly scheduled payday falls on Saturday or Sunday, payroll will be a direct deposit on Friday. If a regularly scheduled payday falls on a holiday, payroll will be a direct deposit on the last regular work day prior to the holiday. [PER RESOLUTION 04-08, 1/8/08] [RESOLUTION 89-19 – 9/3/19] 5.6 DEDUCTIONS Some regular deductions from the employee's earnings are required by law; other deductions are specifically authorized by the employee. The County will withhold from the employee's paycheck those deductions required by law and any voluntary deductions auth orized by the employee, by applicable union contract, or by statute. All deductions from pay are deducted from the last check of the month. If an employee is overpaid or required deductions were not withheld, Mason County Personnel Policies Page 21 the amount overpaid or not withheld will be deducted from future pay on a reasonable basis unless excused by the Board of County Commissioners. [PER RESOLUTION 150-07, 11/27/12] 5.97 COMPENSATION UPON SEPARATION When employment with the County is terminated, the employee will receive the following compensation on the next regularly scheduled payday: 1. Regular wages for all hours worked up to the time of termination, which have not already been paid. 2. Any overtime or holiday pay due. 3. A lump sum payment for accrued but unused vacation provided the employee has completed six (6) months of employment, comp time and, for eligible employees, accrued but unused sick leave. 4. A lump sum payment for accrued but unused sick leave for eligible employees hired prior to April 13, 2010. [PER RESOLUTION 23-10, 4/13/10] Terminating employees entitled to payment for accrued leave time, and in the case of employees of the Sheriff's Department, banked holiday time, may request payment for such time in scheduled payments rather than a lump sum. To be eligible for scheduled payments the amount due must be $10,000 or more, the scheduled payments must be $500 or more per month and the employee must agree to conditions established by the county. [PER RESOLUTION 95-04, 10/26/04] 5.8 UNIFORM ALLOWANCE Compensation for required employee work apparel shall be based on RCW 49.12.450. Non- Represented employees requesting reimbursement, upon presentation of receipt, under this policy, shall be reimbursed for the purchase of a uniform meeting the following conditions: 1. Notwithstanding the provisions of Chapter 49.46 RCW or other provisions of this chapter, the obligation of the employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. 2. Employers are not required to furnish or compensate employees for apparel that the employer requires an employee to wear during working hours unless the required apparel is a uniform. Mason County Personnel Policies Page 22 3. As used in this section, "uniform" means: a. Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of Mason County; b. Apparel that is specially marked with the employer's logo; 4. Except as provided in subsection (5) of this section, if the employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, gray, blue, or black for tops; and tan, black, blue, or gray, for bottoms. The employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather, which necessitate a change in wearing apparel. 5. If the employer changes the color or colors of apparel required to be worn by any of their employees during a two (2) year period of time, the employer shall furnish or compensate the employees for the apparel. The employer shall be required to furnish or compensate only those employees who are affected by the change. The two (2) year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two (2) year time period applies to all employees regardless of when the employee is hired. 6. For the purposes of this section, personal protective equipment required for employee protection under Chapter 49.17 RCW is not deemed to be employee wearing apparel. [RESOLUTION 89-19 – 9/3/19] 5.9 PERSONNEL ACTION POLICY The Personnel Action Form (PAF) is used to report all changes, such as, but not limited to; Appointments, Terminations, Change in Status, Leave, Compensation of an individual employee, and shall be entered into the County’s financial system MUNIS. Since the information on the PAF form can affect employee’s paycheck, benefits, and receipt of information such as state retirement and W-2’s, it is critical that it be completed by the department in a timely manner, as outlined by Mason County Auditor’s Office. Human Resources and Payroll shall receive PAFs from the departments by the established deadline, per the PAF schedule, to ensure timely, accurate, posting and processing payment to employees. All County Mason County Personnel Policies Page 23 departments are required to enter PAF’s into MUNIS for the following (but not limited to) purposes: 1. Hire (This category only is typically entered by HR, once the Employee Selection Process has been completed): a. New Hire b. Extra Help c. Seasonal Help d. Temporary Position, etc. 2. Leave: a. Administrative Leave (Admin/Disciplinary Leave With or Without pay) b. Family Medical Leave Act (FMLA Leave With or Without pay) c. Leave Without Pay (LWOP) d. Military Leave (Leave With or Without pay) e. Continued FMLA Leave – Doctor Approval f. Workers Compensation Time Loss (L&I) g. Authorized Leave of Absence h. Transfer from Paid to Unpaid Leave (or vice-versa) i. Return from Any Leave (Admin/FMLA/LWOP/MIL/L&I/Authorized With or Without Pay), etc. 3. Master: a. Address, E-Mail, Phone, or Emergency Contact Change or Update b. Name Change c. Supervisor Change d. Demographic Change e. Update an Employee’s Service Date, etc. 4. Re-Hire: a. Re-hire or Re-Activate (Previous Full time/Part Time/Extra Help/Seasonal/Temporary/Project Employees b. Re-Activate for Collective Bargaining Agreement Payouts On Inactive Employees, etc. 5. Salary: a. BARs and/or Account Code Changes b. Additional Positions/Job Classes c. Change in Employee Status (Full Time to Part Time/Extra Help or vice versa) d. Employee Payroll Allocation e. Promotions/Demotions f. Addition and/or Removal of Pays (Special Pay/Assignment Pay/Lead Pay/Out of Class Pay) Mason County Personnel Policies Page 24 g. Position and/or Departmental Transfer h. Reclassifications (Temporary & Permanent) i. Salary Increases/Decreases j. L&I Code Changes k. Probationary Period Ended or Extended l. Longevity Increases (Hourly Longevity for Public Works & Juvenile Courts only) m. Change Base Pay Type n. Payment Plan (Move to Payment Plan or End of Payment Plan) o. Job Class or Salary Table Corrections, etc. 6. Terminations: a. Termination (Termed/Retire/Resign/End of Term/Lay Off/Posit ion Term/Extra Help & Seasonal Term) b. Deceased Employee’s c. Inactive (Return to Inactive, Military Out on Lon Term Military Leave, Ex/PT/FT/Seasonal changed to Inactive), etc. 5.10 CAREER INCENTIVE PAY POLICY The following Career Incentive Policy has been established in order to achieve the goal of encouraging the career growth, education and development of its employees, as well as attract qualified and professional applicants. Employees are encouraged to take advantage of educational and training opportunities which increase their knowledge and skill in their present jobs, or to prepare them for specific career goals within their departments. 5.10.1 Definitions Licensure: A state’s grant of legal authority to practice a profession within a designated scope of practice. Professional Certification: A standardized process that enables an individual to demonstrate a certain level of competency in a specific career or job function. Upon completion of professional certification requirements, which typically entail passing an exam administered by an industry specific credentialing organization, a certification credential is awarded. Professional certification holders must complete continuing education requirements to retain the credential. Certification Program: A training program on a specialized topic for which participants receive a certificate after completing the course and passing an assessment instrument. The County has identified, and continues to identify, key licenses and professional certifications that are essential to the efficient and cost-effective operation of the department. As a result, upon approval, the acknowledged employee will be eligible to receive Career Incentive pay in Mason County Personnel Policies Page 25 accordance with the following table, which may be modified at any time by the Board of County Commissioners or designee, in consultation with the Human Resources Department. An employee shall only be approved for one (1) incentive pay from the Professional Certification or Licensure level, but not both. Certification incentives shall be limited to up to four (4) certifications per employee and may be earned in addition to an incentive for a Licensure or Professional Certification. Licensures Type: Amount Payment Period Certified Public Accountant (CPA) Licensure $10,000 12 Month Professional Engineering (PE) Licensure $10,000 12 Month Professional Land Surveyor (PLS) Licensure $10,000 12 Month Professional Certifications Type: Amount Payment Period Engineer-In-Training Professional Certification $5,000 12 Month Land Surveyor-In-Training Professional Certification $5,000 12 Month American Institute of Certified Planners Professional Certification $5,000 12 Month Certification Program Type: Amount Payment Period TBD TBD TBD All regular County employees who have completed their probationary period (if applicable) shall be eligible to participate, provided that the employees meet certain eligibility requirements and obtain approval per the policy. The approved incentive pay sha ll cease when an employee separates from employment in that classification related to the license and/or certification receiving the incentive pay, or the employee no longer has the certification. Career Incentives are neither a guaranteed benefit nor an e ntitlement of employment with Mason County and is limited by the availability of funds. Incentive pay under this policy is subject to all applicable Mason County Personnel Policies Page 26 federal, state and local taxes. Employees assigned to fully grant funded positions are not eligible, unless the grant has funded this benefit. Class attendance, transportation, travel expenses, and classwork are non -compensable, not eligible for reimbursement, and county equipment is not authorized for use. In order to qualify for the incentive, the attained license or professional certification, listed in the table above, must be from a nationally or regionally accredited institution in a field of study directly related to improvement of knowledge and skills in the employee’s current job. Employees meeting the criteria will be required to submit a written request, along with an official transcript and/or copy of the license or certification earned, to their Department Head or designee. The Department Head or designee shall submit to the Human Resources Dep artment all requests with supporting documents for final review and approval. Career Incentive pay shall be paid in twelve (12) equal installments over a one (1) year fiscal year beginning January 1. The incentive pay shall be prorated based on the date of approval for the first year. In order for approved employees to continue to receive the annual incentive, proof of a current license or certification must be submitted no later than January 15 of the new year. An employee is responsible for notifying the Human Resources Department in writing of any changes to their license and/or certification. Should an employee submit documentation that the employee knows is false or intentionally misleading in order to receive benefits for which the employee is not entitled, the employee will be deemed ineligible to continue to participate in the Career Incentive Policy and must repay Mason County for any incentive pay received from submittal of the false or misleading documents. The employee may also be subject to disciplinary action. All documents relating to this plan, including originals or copies of certificates, certifications, diplomas or transcripts demonstrating employee educational efforts and accomplishments shall become a part of the employee’s permanent file in the Human Resources Department and shall be considered educational achievements and accomplishments in rating and assessing employees for purposes of promotion and transfer. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend or modify the Career Incentive Policy in whole or in part at any time based upon the availability of funds or for any other business reason as determined by Mason County. The Board of County Commissioners or designee, in consultation with the Human Resources Department is authorized to establish and modify, as needed, a procedure for implementing this policy. If sufficient funds are not available, the Board of County Commissioners or designee in consultation with the Human Mason County Personnel Policies Page 27 Resources Department, and Budget & Finance will meet to discuss whether to reduce the amount of the bonus or to delay some or all of the payments until the next fiscal year in which sufficient funds are available. Mason County Personnel Policies Page 28 CHAPTER 6 BENEFITS 6.1 RETIREMENT BENEFITS The County makes contributions to the Social Security System on behalf of all eligible employees in addition to those contributions made by the employee through FICA payroll deductions. All regular uniformed employees in the Sheriff's Department are covered by the Law Enforcement Officers and Firefighters Retirement System (LEOFF). Benefit levels and contribution rates are set by the State of Washington. All regular full-time and eligible part-time non-uniformed employees are covered under the Public Employees Retirement System (PERS). Benefit levels and contribution rates are set by the State of Washington. Membership in PERS is optional for Elected Officials and the Board of County Commissioners. Employees intending to retire should notify their Elected Official or Department Head of their intent to retire at least six (6) months prior to the date of retirement. The County participates in a Section 457 Deferred Compensation Plan which allows employees to make tax deferred contribution s up to certain dollar limits defined by the IRS. Contributions and interest earnings from investments are not subject to income tax withholding until time of receipt. 6.2 WORKERS COMPENSATION Most employees are covered by the State Workers' Compensation Program. This insurance covers employees in case of on-the-job injuries or job-related illnesses. For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and medical costs due to job-related injuries or illnesses. All job-related accidents should be reported immediately to the supervisor along with a completed accident/incident report. When an employee is absent for one or more days or receives medical attention due to an on - the- job injury, they are required to file a claim for Workers' Compensation. If the employee files a claim and is unable to work, the County will continue to pay (by use of the employee's unused sick leave) the employee's regular salary pending receipt of Workers' Compensation benefits unless the employee requests that sick leave not be used. If the employee has no accrued sick leave, they may request use of vacation leave. 6.2.1 Workers Compensation Leave An employee receiving Workers Compensation benefits who has exhausted their sick and vacation leave continues to accrue vacation leave and sick leave for up to six (6) months. The County also continues to pay for the employer's portion of health insurance premiums, provided that the employee continues to pay their share of premiums, if any. After six (6) months, the employee's benefits shall cease unless the Board of County Commissioners makes an exception Mason County Personnel Policies Page 29 based on the criteria of these policies. The employee may continue health care benefits by self- paying insurance premiums for the remainder of the time they receive Workers Compensation benefits. 6.2.2 Coordination of Benefits When the employee receives Workers' Compensation benefits, they are required to repay to the County the amount covered by Workers' Compensation and previously advanced by the County. This policy is to ensure that employee will receive prompt and regular payment during periods of injury or disability caused by a work-related injury so long as accrued leave is available, while ensuring that no employee receives more than they would have received had the injury not occurred. Upon the repayment of funds advanced, the appropriate amount of leave shall be restored to the employee's account. The County may require an examination at its expense to determine when the employee can return to work and if they will be capable of performing the essential duties of the position with or without reasonable accommodation. 6.3 HEALTH INSURANCE BENEFITS Regular full-time employees and regular part-time employees working at least eighty (80) hours per month and their dependents are eligible to participate in the County's various insurance programs on the first day of the month following employment, except that if the first day of employment is the first of the month their eligibility shall commence immediately. The programs and criteria for eligibility will be explained upon hire. The County contributes toward the cost of premiums in the amounts authorized by the Board of County Commissioners. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction. The County reserves the right to make changes in the carriers and provisions of these programs at its discretion, with prior notice to affected employees. Employees electing not to take coverage for those insurance programs that the County contributes toward the cost of premiums may be required to sign a waiver of coverage. Extra help employees will normally not be eligible for insurance coverage. 6.4 CONTINUATION OF INSURANCE COVERAGE When certain qualifying events occur, including an employee's termination from County employment, beginning an unpaid leave of absence, or a reduction in hours worked, at the employee's option and expense, the employee may be eligible to continue County health insurance benefits to the extent provided under the federal COBRA statutes and regulations. Covered dependents may also be eligible, at their option and expense, to continue Coun ty health insurance coverage. To the extent allowed by law, an administrative handling fee over and above the cost of the insurance premium may be charged the employee or their dependents who elect Mason County Personnel Policies Page 30 to exercise their COBRA continuation rights. An explanation of COBRA rights will be provided to new hires, annually to current employees, and when a qualifying event occurs. For eligible employees who terminate, retire or are on an approved leave of absence, the County will pay the premium for the month the employee is leaving, provided the employee is on paid status for the eighty (80) hours in the month. 6.5 UNEMPLOYMENT COMPENSATION County employees may qualify for State Unemployment Compensation after termination from county employment depending on the reason for termination from employment. Mason County Personnel Policies Page 31 CHAPTER 7 LEAVES Some leaves listed in Chapter 7 affect an employee’s paycheck, benefits, and receipt of information such as state retirement and W-2’s, therefore a Personnel Action Form may be required to be entered into the County’s financial system. 7.1 VACATION LEAVE Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Vacation Days Earned 1-3 12 4-7 15 8-9 18 10-11 20 12-14 22 15-16 23 17-19 24 20+ 25 All new employees must satisfactorily complete their trial period to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Usually, new employees will start their employment at the minimum vacation accrual rate. However, as part of the negotiated compensation package, for an at will position, a new employee may, upon the written request of the Elected Official or Department Head and approval of the Human Resources Director, be employed at a higher accrued vacation rate than the minimum. Regular full-time employees must work, or be in a paid status, at least eighty (80) hours in a month to accrue vacation for the month. Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are to full-time employment to accrue vacation for that the month. [PER RESOLUTION 95-04, 10/26/04] The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last d ay of the month. Mason County Personnel Policies Page 32 Each department is responsible for scheduling its employees' vacations without undue disruption of department operations. Leave requests shall normally be submitted at least two weeks prior to taking vacation leave. The maximum number of vacation days, which may be accrued, is fifty (50) days. Any vacation days earned beyond fifty (50) days shall be forfeited. Employees will be paid for unused vacation time upon termination of employment, except in the case of termination during the first s ix (6) months of employment. Employees who resign their position to assume an Elected Office will be paid for unused vacation time upon termination of employment. 7.2 SICK LEAVE Paid sick leave is available for employees to care for their own health and for the health of their family members. 7.2.1 Eligibility Requirements 1. Regular and Part-Time Regular employees are eligible to use sick leave from their date of hire and may use paid sick leave hours as they are earned; and 2. Employees in part-time, on-call and seasonal and, non-regular positions will accrue sick leave from the date of hire, but are not eligible to use accrued leave until 90 days after their hire date. 3. Per RCW 3.34.100 district judges shall be granted sick leave in the same manner as other county employees. 7.2.2 Exempt from Eligibility (RCW 49.46.010) 1. Elected Officials 2. Any individual engaged in volunteer work for the county, where the employer -employee relationship does not in fact exist or where the services are rendered gratuitously. If the individual receives a reimbursement in lieu of compensation for normally incurred out - of-pocket expenses or receives a nominal amount of compensation per unit of v oluntary services rendered, an employer-employee relationship is deemed not to exist for the purpose of this policy (Boards, Commissions, BOE, etc.). 3. Individuals whose duties require that they reside or sleep at the place of their employment or who otherwise spends a substantial portion of their work time subject to call, and not engaged in the performance of active duties (Any on call staff who are not working in the office/field engaged in active duties for their entire shift.) Mason County Personnel Policies Page 33 4. Any resident or inmate of the county correctional, detention, treatment or rehabilitative institution. 7.2.3 Leave Accrual All employees shall accrue Washington paid sick leave (WPSL) at the rate of one hour (1) per 40 hours worked, beginning from their date of hire. There is no cap on the number of leave hours that can be accrued during the accrual year. All regular and part-time regular employees, who are in a paid status, at least eight (80) hours in a month, shall also accrue Mason County sick leave (MCSL) in addition to the Washington paid sick leave. MCSL for all regular part-time employees will be pro-rated based on their full-time equivalency (FTE) percentage. The combined total of Washington paid sick leave and Mason County sick leave for all regular and part-time regular exempt positions, and those in non-represented positions, shall not exceed eight (8) hours in any given month. Employees in regular and part-time regular exempt positions, and those in non-represented positions, shall accrue additional sick leave in accordance with the following schedule: WPSL SICK LEAVE-INITIATIVE 1433 (EFF 1/1/18) MCSL-EXISTING LEAVE POLICY # of Hours Worked # of Hours of WPSL Hours Per Year (Based on FTE, all non-exempt employees receive additional hours for OT) Difference of amount earned on WPSL – Approximately 4 hours a month. (Pro-rated for Regular PT Employees) Approx. Hours Per Month (Total of WPSL & MCSL is 8 hours per month for FTE) Hours Per Year (FTE = 96, all others pro-rated) 40 1 52 44 8 96 Employees in regular and part-time regular non-exempt positions shall accrue additional sick leave in accordance with the amounts stated in their collective bargaining agreements. 7.2.4 Accrual Year The leave accrual year is December 16 to December 15. 7.2.5 Carryover of Paid Sick Leave Hours Mason County Personnel Policies Page 34 Any Washington paid sick leave that is accumulated during the accrual year, but unused as of December 15 in any year, shall be carried over to the succeeding year up to the following maximums: 1. For part-time (less than 80 hours a month), non-regular positions, forty (40) hours of will carry over to the succeeding year. 2. Employees in regular exempt, part-time regular exempt positions and non-represented employees will carry over a maximum of one-hundred and fifty (150) days (1,200 hours). 3. For represented employees, the number of hours carried over is stated in th e collective bargaining agreement. 7.2.6 Family Member Defined When using paid sick leave, the following definition of family member shall apply: 1. A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status. 2. A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. 3. A spouse; 4. A registered domestic partner; 5. A grandparent; 6. A grandchild; 7. A sibling; or 8. Other relative or person living in the household of the employee with whom the employee has a familial relationship. 7.2.7 Authorized Uses of Paid Sick Leave Employees are eligible for sick leave for the following reasons: Mason County Personnel Policies Page 35 1. Personal mental or physical illness, injury, physical disability or health condition and/or preventative care such as a medical, dental or optical appointment; 2. Care of a family member with an illness, injury, health condition and/or preventative care such as a medical, dental, or optical appointment; 3. Employees must make a reasonable effort to schedule such appointments at times, which have the least interference with the workday; 4. Quarantine of an employee by a physician for exposures to a contagious disease, where on-the-job presence of the employee would jeopardize the health of others; 5. The need to care for a spouse, parent, or child of the employee who is ill or injured and requires the presence of the employee, except that no more than five (5) days of sick leave may be taken for any occurrence unless the condition of the spouse, parent, or child would qualify the employee for FMLA. The employee shall complete and submit FMLA paperwork to Human Resources within fifteen (15) days, as required by law, for any qualified event; 6. Employees who are ill or injured and require more than five (5) days of sick leave for a FMLA qualified event, shall complete and submit FMLA paperwork to Human Resources within fifteen (15) days, as required by law; 7. In the event of a death in the employee’s immediate family, the Board of County Commissioners may authorize an additional two (2) days beyond bereavement leave as outlined in Section 7.8, Bereavement Leave, in the Personnel Policy. Leave of absence is not to exceed five consecutive calendar days. Such leave is not included in any Family or medical leave period for which the employee is eligible under Section 7.7, Family Leave in the Personnel Policy; 8. Use of a prescription drugs which impairs job performance or safety; 9. Actual periods of temporary disability related to pregnancy or childbirth; 10. To attend the birth of and/or to care for a newborn child of an employee; 11. Closure of the employee’s place of business or a child’s school/place of care by order of a public official for any health-related reasons; Mason County Personnel Policies Page 36 12. If an employee is sent home for signs and symptoms, and quarantine orders of pandemic related illnesses; and 13. If the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of paid sick leave for domestic violence, sexual assault or stalking includes: a. Seeking legal or law enforcement assistance or remedies to ensure the health and safety of the employee and their family members including but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; b. Seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual, assault, or stalking; c. Attending health care treatment for a victim who is a member of the employee’s family. d. Obtaining, or assisting a family member in obtaining, services from: a domestic violence shelter; a rape crisis center; or a social services program for relief from domestic violence, sexual assault or stalking; e. To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault of stalking in which the employee or a family member of the employee was a victim of domestic violence, sexual assault or stalking; and f. Participating, for the employee or for a family member, in: safety planning; or temporary or permanent relocation; or other actions to increase the safety from future incidents of domestic violence, sexual assault or stalking. g. For the purpose of leave allowed for victims of domestic violence, sexual assault, or stalking, Chapter 296-135-010 WAC defines “family” members as: o any child, biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age, or eighteen years of age or older and incapable of self-care because of mental or physical disability; o Spouse means a husband or wife, and individuals in state registered domestic partnerships; See RCW 49.12.265 (6) and 1.12.080 Mason County Personnel Policies Page 37 o Parent means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child; o Parent-in-law means a parent of the spouse or of a partner in a state registered domestic partnership of an employee; and o Grandparent means a parent of a parent of an employee. 7.2.8 Increments of Use for Paid Sick Leave Employees may use paid sick leave in 10-minute increments. 7.2.9 Rate of Pay When Using Sick Leave Paid sick leave hours will be compensated at the base salary rate, excluding any overtime, premiums, or other add to pays. Calculation of overtime shall be based on FLSA rules; therefore, use of paid sick leave shall not count towards the overtime calculation. 7.2.10 Reasonable Notice for Use of Sick Leave Employees must provide reasonable advanced notice of an absence from work for the use of paid sick leave to care for self or a family member. Reasonable notice shall be provided to the employee’s Elected Official, Department Head, or immediate supervisor. Any information provided will be kept confidential. 7.2.11 Foreseeable Absence If an employee’s absence is foreseeable, the employee must provide notice at least ten (10) working days, or as early as possible, before the first day paid sick leave is used. Employees are required to submit an Employee Notice for Use of Paid Sick Leave form. If possible, notification should include the expected duration of the absence. 7.2.12 Unforeseeable Absence If an employee’s absence is unforeseeable, the employee must contact their Elected Official, Department Head or immediate supervisor as soon as possible; but no later than one (1) hour before the employee’s required start time. Notice should include the expected duration of absence. In the event it is not possible to provide notice of an unforeseeable absence, a person on the employee’s behalf may provide such notice. Employees are required to complete an Employee Notice for Use of Paid Sick Leave Form on the day following the employee’s return from paid sick leave. Mason County Personnel Policies Page 38 7.2.13 Verification for Absences Exceeding Three Days Employee’s seeking to use or using paid sick leave for authorized purposes for more than three (3) consecutive days, may be required to provide verification that establishes or confirms that the use of paid sick leave is for an authorized purpose. 1. When an employee or the employee’s family member is sick for more than three (3) consecutive days for which the employee is required to work, acceptable verification may include: a. A doctor’s note or a signed statement by a health care provider indicating that the use of paid sick leave is necessary to care for the employee or an employee’s family member; or b. A written or oral statement from the employee indicating that the use of paid sick leave is necessary to take care of themselves or a family member. 2. When an employee or a member of the employee’s family has been a victim of domestic violence, sexual assault or stalking, the employee may provide any one of the following documents or any combination thereof, to verify the use of leave: a. A written statement that the employee, or a member of the employee’s family, is a victim of domestic violence, sexual assault, or stalking, and that the leave was taken to address related issues; b. A police report indicating that the employee or a member of the employee’s family was a victim of domestic violence; c. Evidence from a court or prosecuting attorney showing that the employee or a member of the employee’s family appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking; d. A court order of protection; e. Documentation from any of the following persons from whom an employee or a member of the employee’s family sought assistance in addressing the domestic violence situation indicating that the employee or a member of the employee’s family is a victim: o An advocate for victims of domestic violence, sexual assault, or stalking; o An attorney; Mason County Personnel Policies Page 39 o A member of the clergy; or o A medical professional. 3. When an employee is absent due to the closure of a school or a place of care, attended by the employee’s child, by a public official due to health-related reasons. A copy of the notice received by the employee regarding the closure shall be provided. Verification must be provided within ten (10) calendar days of the first day that paid sick leave is used to care for either the employee or a family member. 7.2.14 Unreasonable Burden or Expense for Verification If an employee believes, obtaining verification for use of paid sick leave would result in an unreasonable burden or expense, please contact Human Resources in writing, prior to the required ten (10) calendar days allotted to provide the verification. Indicate that the absence is for an authorized purpose and explain why verification would result in an unreasonable burden or expense. Within ten (10) calendar days of receiving the employee’s request, Human Resources will work with the Elected Official or Department Head and employee to identify an alternative for the employee to meet the verification requirement in a way that does not result in an unreasonable burden or expense. 1. Company-provided transportation to the employee’s doctor; 2. Sharing the cost of getting a note from a medical provider; or 3. Providing a note of explanation in lieu of other forms of verification. Mason County may choose not to pay an employee for paid sick leave taken in excess of ten (10) consecutive days until verification is provided. An employee has the right to contact the Mason County Prosecutor in the event they feel they are being discriminated upon or treated unfairly. 7.2.15 Abusing Sick Leave May Receive Discipline In the event an employee misuses, falsifies, or abuses sick leave, the employee will forfeit any leave compensation. The employee may become subject to disciplinary action up to and including termination of employment. 7.2.16 Sick Leave Coordinated with Workers’ Compensation An employee receiving worker’s compensation disability insurance payments during a medical related leave shall use only the number of sick leave hours that, together with the workers’ compensation benefits payments, represents the employee’s n ormal pay for the same period. Financial Services “Payroll” will calculate use of paid sick leave hours on a retroactive basis back Mason County Personnel Policies Page 40 to the first day in which the employee was off work. In no event shall the accumulation of sick leave and L&I income result in any employee receiving income in excess of 100% of their regular straight-time income for the same period of time. If the employee elects to use paid sick leave to supplement the employee’s earnings, the employee must notify Human Resources at the start of their disability leave. Once the employee elects to use paid sick leave to supplement their earnings, the employee may not reverse the election. An employee may not elect use only a portion of their accrued sick leave. Employees who elect to use their accrued sick leave to supplement their wage while on disability shall bring their workers compensation check in to their department payroll to purchase back all or a portion of their leave hours used and paid to the employee during the disability. Once the employee makes payment to Mason County and Financial Services “Payroll” approves the deposit, the employee’s number of leave hours will be added back to the accrual record. Any employee who collects both a full-accrued leave paycheck and a worker’s compensation disability insurance payment SHALL remit the worker’s compensation disability insurance payment to the county. In the event an employee does not submit, the worker’s compensation disability insurance payment to the county may be subject to disciplinary action for misuses, falsifying, or abusing sick leave. 7.2.17 Shared Leave Washington paid sick leave shall not be used in a shared leave program. [RESOLUTION 89-19 – 9/3/19] 7.2.18 Sick Leave Cash-Out Payment for and balance up to the maximum amount allowed, by this policy and all other policies, shall be no greater than 1,200 hours of unused Mason County Sick Leave and shall be made only in the following circumstances: 1. Upon termination of employment with fifteen (15) years of continuous service with Mason County, and the employee’s hire date was prior to April 13, 2010; or 2. Upon termination of employment with Mason County, when the termination is contemporaneous with retirement from the applicable Washington State Public Employees Retirement System, and the employee was hired prior to April 13, 2010 with continuous service; or 3. Upon the death of an employee, in which case payment shall be made to their estate, provided the employee was hired prior to April 13, 2010; or Mason County Personnel Policies Page 41 4. Employees who terminate employment to become an Elected Official of Mason County, provided the employee was hired prior to April 13, 2010. 5. Per RCW 3.34.100 a district judge may receive when vacating office remuneration for unused accumulated leave and sick leave at a rate equal to one day’s monetary compensation for each four full days of accrued sick leave not to exceed the equivalent of thirty days’ monetary compensation. The district judge shall meet the requirements as outlined in items 1-3 of this section to be eligible for a payout. Terminating employees who are not eligible for payment of unused sick leave shall forfeit all sick leave accrual. 7.2.19 Separation from Employment When an employee in a part-time, seasonal, extra-help, or on-call, non-regular status position separates from employment, there will be no financial or other reimbursement given to the employee for any accrued, unused Washington paid sick leave at the time of separation. Employees in regular status positions will be cashed out for M ason County sick leave in accordance with the terms stated in their collective bargaining agreement, and for exempt and non-represented employees, as stated above in Sick Leave Cash -out In the event any employee terminates their position with Mason County and returns within 12 months of separation, only Washington paid sick leave balance shall be restored. If the year has rolled over, prior to the employee’s return to employment, and the employee’s balance was greater than the 40 hours, the employee forfeits any unused balance greater than the maximum amount of 40 hours. Mason County sick leave hours shall not be paid out upon termination and will be forfeited, unless conditions are met in Section 7.2.13 or otherwise stated in a Collective Bargaining Agreement. 7.2.20 Reinstatement of Employment If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused Washington paid sick leave up to 40 hours will be reinstated to the employee’s accrued leave bank. Employees in part-time, non-regular positions who are rehired within twelve (12) months of separation, will not be required to wait ninety (90) days to use accrued their accrued sick leave bank if the employee met this requirement in the previous period of employment. If an employee did not meet the ninety (90) calendar-day requirement prior to separation, prior employment Mason County Personnel Policies Page 42 time with the County will be counted for purposes of determining the eligibility of the employee for paid sick leave. If a regular status employee leaves and is rehired within twelve (12) months of separation, any accrued, unused Mason County sick leave not previously paid out was forfeited upon termination of employment and shall not be restored. 7.2.21 Payroll Employees will be notified of their paid sick leave balance each month on their pay stub. This information will include: 1. Washington paid sick leave & Mason County sick leave accrued since the last notification; 2. Washington paid sick leave & Mason County sick leave used since the las t notification; and 3. Current balances of Washington paid sick leave & Mason County sick leave available for use. 7.2.22 Retaliation Prohibited Any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is not allowed. Employees will not be disciplined for the lawful use of paid sick leave. If an employee feels discriminated or retaliated against, the employee may contact the Human Resources Director. If an employee is not satisfied with the response received from the Human Resources Director, the employee shall contact the Mason County Prosecutor for resolution prior to filing a complaint to Washington State Department of Labor & Industries. 7.3 LEAVE WITHOUT PAY The Elected Official or Department Head may grant leaves of absence without pay, or authorize a reduced work schedule, for absence from work not covered by any other type of leave or if other leave balances are exhausted. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized. Examples of situations for which leave without pay, or a reduced work schedule may be granted include time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, or pursuing an education. Such leave will not normally exceed ninety (90) days. 7.4 JURY AND WITNESS LEAVE Jury Duty: The County provides all employees leave for jury service. Regular full-time and part- time employees receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. Employees must provide their supervisor Mason County Personnel Policies Page 43 with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. If employees are paid by the County for time testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless the employee is a party in the case. 7.5 ADMINISTRATIVE LEAVE On a case-by-case basis, the County may place an employee on administrative leave with or without pay for an indefinite period of time. As determined by the Board of County Commissioners, administrative leave may be used in the best interests of the County during the pendency of an investigation or other administrative proceeding. 7.6 MILITARY LEAVE Based on RCW 38.40.060, the County provides all employees leave while performing military service in accordance with federal and state law. Regular full-time and part-time employees receive paid military leave of up to 21 working days per year for military service. In general, if military service extends beyond 21 working days, the additional leave will be unpaid. All employees who are not eligible for paid military leave are provided unpaid leave for a period of their military service. Military service includes active military duty and Reserve or National Guard training. Employees are required to provide their supervisor with copies of the military orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. 7.7 FAMILY LEAVE The County complies with the Federal Family and Medical Leave Act of 1993 (the FMLA) and all applicable state laws related to family and medical leave. The FMLA provides up to 12 weeks of unpaid, job-protected leave every 12 months to eligible employees for certain family and medical reasons. Family Leave Eligibility: Employees must have worked for the County for at least one year, and for 1,250 hours over the previous 12 months. Unpaid FMLA leave is granted for any of the following reasons: 1. To care for an employee’s child after birth or placement for adoption or foster case. Mason County Personnel Policies Page 44 2. To care for a spouse, son, daughter or parent who has a serious health condition. 3. For a serious health condition that makes an employee unable to perform the essential functions of the job. Leave to care for a child after birth or placement for adoption or foster care must be concluded within twelve (12) months of the birth or placement. Under such circumstances as allowed by law, FMLA leave may be taken intermittently -- which means taking leave in blocks of time, or by reducing a normal weekly or daily work schedule. 7.7.1 Substitution of Paid Leave At the employee’s or County’s request, certain types of paid leave may be substituted for unpaid FMLA leave. Accrued vacation may be substituted for any type of FMLA leave. Accrued sick leave may be substituted only in the circumstances where County policies or state law allow use. Employees using any sick leave available that may be used for FMLA leave taken, it is the County's policy that employees must use that paid sick leave as part of their FMLA leave. Use of vacation time for FMLA leave, however, is the employee’s option. Employees using paid leave for an FMLA qualifying purpose, it is the County's policy to designate paid leave as counting against the employee’s FMLA leave allowance. Employees are required to notify the County if using paid leave for a reason covered by the FMLA so the leave may be properly accounted for. 7.7.2 Advance Notice and Medical Certification The County requires employees provide advance leave notice, with medical certification, of the need for a leave related to a health condition, and with medical certification of fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these requirements are not met. Employees are required to provide a medical certification to support a request for leave because of a serious health condition (own or child's, spouse's or parent's) whenever the leave is expected to extend beyond five (5) consecutive working days or will involve intermittent or part-time leave. The County may require second or third opinions, at their option, at the County’s expense. The County may require the employee to provide a medical certification of fitness for duty to return to work after a medical leave. 7.7.3 Periodic Reporting If employees take leave for more than two (2) weeks, the County may require reporting at least every two weeks on the status and intent to return to work. 7.7.4 Health Insurance Mason County Personnel Policies Page 45 If employees are covered by the group health plan (medical, dental or vision), the County will continue to provide paid health insurance during FMLA leave on the same basis as during regular employment. If employees don't return to work after the leave, they will be required to pay back the County’s portion of the insurance premiums unless failure to return was beyond the employee’s control. 7.7.5 Other Insurance If an employee is covered by other insurance plans through the County, such as life insurance, those coverages will continue during paid leave on the same basis as during regular employment. If employees take unpaid FMLA leave, they will be responsible during the leave for the premiums normally paid plus the premiums the County normally pays. If an employee doesn't pay these premiums, the County may choose to pay them for the employee, to keep the coverage from lapsing. The employee will be responsible for repaying the County whether or not they return to work. 7.7.6 Couples Employed If spouses or domestic partners work for the County and request leave for the birth, adoption or foster care placement of a child, to care for a new child, or to care for a sick parent, the total annual FMLA leave available to the couple for those purposes is typically (twelve) 12 weeks. Determining Leave Availability: FMLA leave is available for up to 12 weeks during a 12 -month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12-month period measured backwards from the date the employee uses any FMLA leave. Leave Related to Pregnancy. If an employee takes leave for the disability phase of pregnancy or childbirth while physically unable to work, this time could be count against the annual 12-week FMLA leave allowance. Employees are entitled to unpaid leave for the full period of a physical disability resulting from pregnancy and childbirth, even if they are disabled for more than 12 weeks, and even if they don't qualify for leave under the federal law. 7.8 BEREAVEMENT LEAVE The County provides regular, full-time and part-time employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two additional days chargeable to accrued sick leave will be granted at the request of the employee. Immediate family for purposes of bereavement leave includes only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-in-law, grandfather-in-law, mother- in-law, father- in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew or niece. Mason County Personnel Policies Page 46 7.9 WASHINGTON PAID FAMILY & MEDICAL LEAVE Effective December 31, 2019 Mason County shall remove the Shared Leave Program based on the Washington Paid Family & Medical Leave, which pays employees who qualify, for family medical leave based on a qualifying event. [RESOLUTION 89-19 – 9/3/19] Paid Family and Medical Leave, RCW 50A.05 is a mandatory statewide insurance program that will provide almost every Washington employee with paid time off to give or receive care. If an employee qualifies, this program will allow them to take up to 12 weeks, as needed, if they: 1. Welcome a child into the family (through birth, adoption or foster placement) 2. Experience a serious illness or injury 3. Need to care for a seriously ill or injured relative 4. Need time to prepare for a family member’s pre- and post-deployment activities, as well as time for childcare issues related to a family member’s military deployment. For specifics on military-connected paid leave, visit www.dol.gov/whd/regs/compliance/whdfs28mc.pdf If employees face multiple events in a year, they may be eligible to receive up to 16 weeks, and up to 18 weeks if they experience a serious health condition during pregnancy that results in incapacity. 7.9.1 Premiums The program is funded by premiums paid by both employees and employers. It will be administered by the Employment Security Department (ESD). Premium collection started on Jan. 1, 2019. In 2019, the premium is 0.4 percent of wages. Employers can either pay the full premium or withhold a portion of the premium from their employees. Employers who choose to withhold premiums from their employees may withhold up to about 63 percent of the total premium, or $2.44 per week for an employee making $50,000 annually. The employer is responsible for paying the other 37 percent. Businesses with fewer than 50 employees are exempt from the employer portion of the premium but must still collect or opt to pay the employee portion of the premium. Premium collection began Jan. 1, 2019. Employers will calculate and withhold premiums from paychecks and send both the employee share and County share to ESD on a quarterly basis. 7.9.2 Eligibility and Use Mason County Personnel Policies Page 47 Starting Jan. 1, 2020, employees who have worked 820 hours in the qualifying period (equal to 16 hours a week for a year) will be able to apply to take paid medical leave or paid family leave. The 820 hours are cumulative, regardless of the number of employers or jobs someone has during a year. All paid work over the course of the year counts toward the 820 hours, including part - time, seasonal and temporary work. While on leave, employees are entitled to partial wage replacement. The benefit is generally up to 90 percent of an employee’s weekly wage, with a minimum of $100 per week and a maximum of $1,000 per week. Employees will be paid by the Employment Security Department rather than the employer. Unlike the federal Family and Medical Leave Act (FMLA), employees of small businesses may take Paid Family and Medical Leave if they meet the standard eligibility requirements. Please go to paidleave.wa.gov for more information on applying for benefits. 7.9.3 Returning from Leave Employees who return from leave under this law will be restored to a same or equivalent job if they work for an employer with 50 or more employees, have worked for this employer for at least 12 months, and have worked 1,250 hours in the 12 months before taking leave (about 24 hours per week, on average). Employees can keep their health insurance while on leave. If employees contribute to the cost of their health insurance, they must continue to pay their portion of the premium cost while on leave. Mason County is prohibited from discriminating or retaliating against employees for requesting or taking paid leave. [RESOLUTION 89-19 – 9/3/19] 7.10 WASHINGTON STATE LONG TERM CARE TRUST ACT “WA CARES” COMPLIANCE The parties acknowledge that RCW 50B.04.080 requires premium deductions for the Long-Term Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a premium based on the individual’s wages in accordance with RCW 50B.04.080. Mason County and employees will comply with Washington State Long Term Care Trust Act. Mason County Personnel Policies Page 48 7.11 HOLIDAYS The following are recognized as paid holidays for all regular full-time and part-time employees: Holiday Day Observed New Year's Day January 1 Martin Luther King’s Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Eve Day December 24 Christmas Day December 25 (2) Floating Holidays As scheduled with supervisor Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. For any holiday to be paid, an employee must be in a paid status on the employee’s scheduled workday before and after the holiday. Use of floating holiday is to be at the discretion of the employee with the approval of the Supervisor in advance of the absence. Floating holiday(s) must be used by December 15, or will be forfeited, unless denied on the basis of staffing needs by the County. Floating holidays shall be used in whole hour increments. Christmas Eve Day may be taken off based on the operational needs of the County and Public Works, and if this cannot be accommodated, the employee will schedule an alternate date with their supervisor’s approval. [PER RESOLUTION 06-02, 1/22/02] [PER RESOLUTION 2020-86, 11/3/20] Non-exempt regular full-time or part-time employees will be given equivalent time off for any time worked on a holiday. Such work on a holiday must be pre-authorized by the supervisor. Extra help employees are not entitled to holiday and will be paid at their regular straight-time rate for hours worked on a holiday. Mason County Personnel Policies Page 49 7.12 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization, as pursuant to SB 5173 - 2013-14 (or successor legislation). The employee may select the days on which they desire to take the two unpaid holidays off with their supervisor’s approval. The unpaid holiday may be compensated through utilization of vacation or comp time or by making alternative work schedule arrangements and following the department’s customary process in which to request approval and scheduling of time off. Such requests shall not be unreasonably denied unless the absence would unduly disrupt operations, impose an undue hardship, or the employee is necessary to maintain public safety. The two holidays allowed by this section must be taken during the calendar year, if at all; they do not carry over from one year to the next. [PER RESOLUTION 37-14, 7/08/14 ] 7.13 BENEFITS FOR PART-TIME AND EXTRA HELP EMPLOYEES Unless noted otherwise in these policies, benefits for regular part-time and extra help employees are as follows: Regular Part-Time Employees: All leaves, including holidays, are pro-rated. Pro-rated means the ratio between the number of hours in the employee's normal work schedule and [forty (40) hours] per week. Regular part-time employees working three-quarter time or more shall receive the same insurance premium contribution as regular full-time employees. Regular part-time employees working between eighty (80) hours per month and three-quarter time shall receive one-half the insurance premium contribution of regular full-time employees. Regular part-time employees, whose hours may drop below the eligibility thresh olds referenced above for one or more months during the calendar year due to work requirements, will be eligible for insurance premium contributions for all months if their average hours for the calendar year meet the eligibility criteria. Extra Help Employees: Extra help employees normally are not eligible to receive benefits, including leaves, holidays and insurance. Mason County Personnel Policies Page 50 CHAPTER 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT 8.1 GENERAL CODE OF CONDUCT All County employees are expected to represent the County to the public in a professional manner which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and Elected Official or Department Head. Since the proper working relationship between employees and the County depends on each employee's on-going job performance, professional conduct and behavior, the County has established certain minimum standards of personal conduct. Among the County's expectations are: Basic tact and courtesy towards the public and fellow employees; adherence to County policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the County's equipment, grounds, facilities and resources; and providing orderly and cost-efficient services to its citizens. The County is a relatively small organization. To function as efficiently as possible, employees may be asked to perform seemingly "menial" duties outside their regular assignments. It is no reflection on an employee’s worth to the County, but a necessary arrangement for most small organizations. To make the most efficient use of personnel, the County also reserves the right to change an employee’s work conditions and the duties originally assigned. If these arrangements become necessary, employee cooperation is expected. 8.2 WORKPLACE SAFETY AND VIOLENCE PREVENTION This policy is intended to ensure that all employees adhere to work practices designed to make the workplace more secure and to refrain from verbal threats or physical actions which may create a safety or security hazard for others in the workplace. The safety and security of the employees of Mason County and members of the public seeking or receiving County services or using County facilities is of the utmost importance. Any prohibited acts committed by employees or members of the public while on premises owned or leased or work sites otherwise occupied by Mason County will be prosecuted as appropriate and/or will cause the use of appropriate managerial, administrative or disciplinary measures. 8.2.1 Definitions Unsafe Act: Includes but is not limited to, any deliberate act or behavior which jeopardizes the safety or security of oneself, another person, or County property; or failure to act, where there is a duty to act and/or take safety precautions or where such failure would reasonably be known to jeopardize the safety or security of oneself, another person or County property. An unsafe act Mason County Personnel Policies Page 51 may include physical contact, such as “horseplay” and is prohibited, whether or not an injury, safety violation, or actual harm results. Acts of Violence: Includes but is not limited to, any deliberate act or behavior which: 1. Results in a physical assault against a person such as hitting, pushing, kicking, holding/restraining, spitting on, or blocking the movement of another person. 2. Constitutes a directly or indirectly communicated or reasonably perceived threat to cause harm, injure, or intimidate another individual; 3. Endangers the safety of oneself or another individual, whether or not an injury result; 4. Would be reasonably perceived to constitute a threat of inflicting physical harm which in any way interferes with a person’s safety, or consists of a directly or indirectly communicated or perceived threat to destroy property through the use of a weapon, a firearm or other means; 5. Would constitute the violation of a protective or restraining order which lists County locations as being protected areas; or 6. Interferes with the orderly conduct of Mason County operations. An unsafe act and/or act of violence does not include communicated direction by a supervisor to require appropriate performance on the job, the imposition of disciplinary action, or warnings that discipline could occur; or law enforcement employees acting within the scope and authority of their position. Workplace: Any building or areas constituting the place where work is performed or assigned; common areas such as reception areas, halls and private or personal work areas; and any other area where employees engage in official County business, including field locati ons, County parking lots, vehicles either employer owned or leased or privately owned when used on County business. Member of the Public: Any person who has no legitimate employment-related relationship with the County, including: strangers who have no legitimate business relationship with the County; customers or clients who currently or previously have received services from the County or who have or have had a custodial relationship with the County including inmates, criminal suspects or prisoners; and individuals who have or had personal relationships with County employees such as a current or former spouse, lover, relative, friend or acquaintance. Mason County Personnel Policies Page 52 8.2.2 Responsibilities County employees shall not commit an unsafe act and/or act of violence and emp loyees shall be responsible for reporting any unsafe act and/or act of violence in the workplace, whether or not physical injury occurs. Employees who believe an unsafe act and/or act of violence has occurred, observe, or are informed of such an act, shall immediately notify their supervisor, department head or management representative. Insofar as possible, any report of an unsafe act and/or act of violence shall include the name of the reporting party, the date, time and place of the act; the name or identity of the person alleged to have committed the act; a description of the act; and the names of any witnesses. All employees, including managers and supervisors, are responsible for using safe work practices, for following all directives, policies and procedures, and for assisting in maintaining a safe and secure work environment. A. Employee Responsibilities 1. Imminent Threat or Act of Violence a. Employees shall take the following steps if a threat of violence or act of violence presents an imminent danger to safety: b. Immediately leave the area putting as much distance between themselves and the threat as possible. c. Tell others to leave as the area is evacuated. d. Call 911 and report the threat/emergency as soon as it is safe. e. Provide the 911 dispatcher with identification and the nature and location of the threat/emergency. f. Follow all directions from law enforcement. 2. Threat or Unsafe Act a. Employees shall take the following steps if a threat or unsafe act does not present an imminent danger to safety: b. Notify their supervisor as soon as possible; and c. Complete a County incident report form (Incident Report Form) which can be found on the Risk Management website. 3. Employees who obtain a protective or restraining order which lists County locations as being protected areas or which prohibits contact with the employee while at work, shall immediately advise their supervisor, department head or management representative and provide a copy of the granted order and a description of the person identified in the order. Mason County Personnel Policies Page 53 4. Report concerns about personal safety or violations of County policy to a supervisor, manager, or department head. 5. Immediately notify a member of management if there is reason to believe they may become or are victim of unsafe acts, threats, or acts of violence in the workplace. Under no circumstances should employees put themselves at risk in a dangerous situation. Once the situation has been secured by proper authorities, employees shall then cooperate with supervisors, investigators, law enforcement personnel and any others as they conduct follow-up reviews of the incident. B. Department Heads, Managers and Supervisors’ Responsibilities 1. Provide this policy and educational opportunities to their employees about workplace safety and violence prevention and make workplace safety and violence prevention training and education programs available to all employees. 2. Immediately notify the Human Resources Department and their appropriate management of any incidents involving unsafe acts and/or acts of violence. 3. Address employee workplace safety concerns and ensure that such concerns are investigated. Safety concerns, and any other situation where an employee has been subjected to or threatened with an unsafe act and/or an act of violence, should be reported to Human Resources 4. Take immediate steps to diffuse or mitigate any situation that has potential to escalate into an unsafe act and/or an act of violence. 5. Forward a copy of the protective or restraining order to the Human Resources Department. 6. Notify appropriate law enforcement agencies about persons who violate a granted protective or restraining order and require the violator to leave the premises immediately. C. Human Resources Department Responsibilities: 1. Assess and investigate all alleged unsafe acts and/or acts of workplace violence as may be appropriate. Mason County Personnel Policies Page 54 2. Provide or make available appropriate training and education about workplace safety and violence prevention, how to identify potentially unsafe acts and/or violent situations, and how to deal with them. 3. Maintain confidentiality of complaints and concerns to the extent allowed by law. 4. Receive and investigate all reports of unsafe acts and/or acts of workplace violence, or threats of the same, made by a County employee. 5. Recommend to the Department Head what, if any, administrative or disciplinary action should be taken when an employee is found to have committed an unsafe act and/or an act of violence. 6. Upon completion of any investigation, notify employees affected by the unsafe act and/or act of violence or threat of the same that the matter has been concluded and that appropriate action has or will be taken. 8.3 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the County's opinion, with the best interests of the County or interfere with the employee's ability to perform their assigned County job. Examples include, but are not limited to, outside employment which: 1. prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; 2. is conducted during the employee's work hours; 3. utilizes County telephones, computers, supplies, or any other resources, facilities or equipment; 4. is employment with a firm which has contracts with or does business with the County; or 5. may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. Employees considering or engaged in an additional job, contractual commitment or self- employment, who are concerned about a conflict of interest should discuss the matter with their Elected Official or Department Head. Mason County Personnel Policies Page 55 8.4 REPORTING IMPROPER GOVERNMENTAL ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose in good faith, improper governmental action taken by County officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the County, with a process provided for speedy dispute resolution. 8.4.1 Definitions Improper Governmental Action: any action by a County Officer or employee that is: 1. undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and 2. in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. "Improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployment, performance evaluations, reductions in pay, dismissals, suspensions, reprimands, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations or any action that may be taken under RCW Chapter 41.14 or 41.56. Retaliatory Action: means any (a) adverse change in a local governments employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer , reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary actions; or (b) hostile actions by other employees toward a local government employee that were encouraged by a supervisor or senior manager or official. Emergency: a circumstance that if not immediately changed may cause damage to persons or property. 8.3.2 Procedure for Reporting Improper Government Action County employees who become aware of improper governmental action shall follow this procedure: 1. Bring the matter to the attention of the Board of County Commissioners or the Prosecuting Attorney, preferably in writing, stating in detail the basis for the employee's Mason County Personnel Policies Page 56 belief that an improper action has occurred. This shall be done as soon as the employee becomes aware of the improper action. 2. The Board of County Commissioners or the Prosecuting Attorney, or their designee, shall respond to the report of improper government action, within thirty (30) days of the employee's report. The employee shall be advised of the County's response. 3. The identity of a reporting employee shall be kept confidential to the extent possible under the law, unless the employee authorizes the disclosure of their identity in writing. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency respons ible for investigating the improper action. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the County to determine whether an improper government action occurred, or that insufficient action was taken by the County to address the improper action or that for other reasons the improper action is likely to recur. Protection Against Retaliation: It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Employees who believe they have been retaliated against for reporting an improper government action shall follow this procedure: 8.3.3 Procedure for Seeking Relief Against Retaliation 1. Employees shall provide a written complaint to the Board of County Commissioners within thirty (30) days of the occurrence of the alleged retaliatory action. a. The written charge shall specify the alleged retaliatory action; and b. Specifies the relief requested. 2. The Board of County Commissioners or their designee shall respond in writing within thirty (30) days of receipt of the written charge. 3. After receiving the County's response, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the County's response to the charge of Mason County Personnel Policies Page 57 retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Board of County Commissioners for response. 4. Within five (5) working days of receipt of a request for hearing the County shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The administrative law judge shall issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. 5. The final decision of the administrative law judge is subject to judicial review under the arbitrary and capricious standard. Relief ordered by the administrative law judge may be enforced by petition to superior court. 8.3.4 Policy Implementation The Board of County Commissioners are responsible for implementing these policies and procedures. This includes posting the policy on County bulletin boards, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. 8.3.5 Prohibition of Intimidation and Nondisclosure County Elected Officials or employees may not use their official authority or influence, directly or indirectly to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee’s right to disclose information concerning an improper governmental action in accordance with the provisions of this policy. [PER RESOLUTION 27-16, 5/24/2016] 8.4 POLITICAL ACTIVITIES County employees may participate in political or partisan activities of their choosing provided that County resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. employees may not campaign on County time or in a County uniform or while representing the County in any way. Any County employee who meets with or may be observed by the public or otherwise represents the County to the public, while performing their regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on County property or County time, for a contribution for a partisan political cause. Mason County Personnel Policies Page 58 8.5 NO SMOKING POLICY For health and safety considerations, the County prohibits smoking and vaping by employees on all County-owned, leased, or operated and all County property is designated as non-smoking and vaping free areas. Smoking and vaping is prohibited in all buildings and vehicles owned or leased by the County are offices or other facilities rented or leased by the County. 8.5.1 Definitions Public Areas: The term “public area” is defined for the purpose of the No Smoking Policy, but not limited to: all hallways, conference rooms, elevators, restrooms, lobbies, stairwells, reception areas, and any other areas which are: (1) open to the public, or (2) areas which employees are required to pass through during the course of employment. Smoking: The term “smoke” or “smoking” is defined for the purpose of the No Smoking Policy, but not limited to; the carrying or smoking of any kind of lighted cigarettes, pipes, cigars, chewing of tobacco, vaping and the use of e-cigarettes, or any other lighted smoking equipment. Vape: The term “vape” or “vaping” is defined for the purpose of this chapter as inha ling or exhaling the vapor produced by any noncombustible product that may contain nicotine or a marijuana product and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. County Property: The term “County property” is defined as the grounds and parking lots surrounding county buildings and all County parks. County property does not include: 1. Private vehicles and residences unless otherwise required by individual or group contracts with the County; 2. County roads; 3. Any person passing by or through County property while on a public sidewalk or public right-of-way has not intentionally violated this chapter. 8.5.2 No smoking signs and removal of ashtrays The Facilities Department shall post and maintain no-smoking and no-vaping signs in all public areas and county property as defined herein, and remove ashtrays from those public areas. Pursuant to RCW Chapter 70.160.070 – Intentional Violators, any person intentionally violating this policy by smoking or vaping in a public place, place of employment or within twenty-five feet of doors, windows that open and ventilation intakes or any person removing, defacing or destroying a sign required by this policy is subject to a civil fine of up to one hundred dollars. The Mason County Personnel Policies Page 59 County Sheriff’s Department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same manner as traffic infractions. All County employees shall be encouraged to help educate the public about the non-smoking and vaping policy by reminding violators not to smoke or vape on the property and by adding the policy to all use agreements and event publications. Violators, who refuse to comply with the smoking and vaping policy, may be asked to leave the County property. The appropriate Department Head or Elected Official shall be responsible for educating employees about the non-smoking policy and shall resolve intentional employee violations of the policy through disciplinary action. Interpretation of this chapter shall be in a manner that is consistent with RCW Chapter 70.160 Smoking in Public Places, prohibiting smoking in all public places and places of employment. [PER ORDINANCE 91-06, 8/22/2006] [PER ORDINANCE 20-01, 1/7/2020] 8.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The County furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. Desks, closets, lockers, cabinets and furniture are County property for the purpose of County operations. The County also furnishes computers, voice mail, facsimile (fax) communications, electronic mail (E-Mail), data and file transfers using electronic means and Internet access f or use in conducting County business only. Because these systems are for County business, none of the communications or information transmitted or stored on these systems is private and may be reviewed by the County and otherwise may be subject to public disclosure. County electronic communications systems are not for personal use. (See RESOLUTION No. 129-04 attached as Appendix A for further information on the Mason County Electronic Information Acceptable Use Policy.) [PER RESOLUTION 130-04, 12/21/2004] 8.7 USE OF COUNTY EQUIPMENT Use of County phones for local personal phone calls should be kept to a minimum; long distance personal use must be approved in advance by the Elected Official or Department Head. Other County equipment, including vehicles, should be used by employees for County business only. An employees' misuse of County services, telephones, vehicles, equipment or supplies can result in disciplinary action including termination. Mason County Personnel Policies Page 60 8.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the County bulletin boards. Employees may not post any information on these bulletin boards without the authorization of their Elected Official or Department Head. Legally required notices shall not be covered or obscured by other materials on any bulletin board. 8.9 CONTACT WITH THE NEWS MEDIA The Board of County Commissioners, Elected Officials or Department Heads authorized by the Board shall be responsible for all official contacts with the news media, including answering of questions from the media. They may designate specific employees to give out procedural, factual, or historical information on particular subjects. Employees not designated should refer media personnel to an appropriate spokesperson. 8.10 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of County or employee property. The following limitations apply: 1. Persons not employed by the County may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the County determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community- based fundraising effort. 2. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work, during meal breaks, and/or break periods. Soliciting employees who are on non -work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas. The employee lunchrooms are considered a non-work area under this policy. 8.11 SAFETY Every employee is responsible for maintaining a safe work environment and following the County's safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to their Elected Official or Department Head. The County will make every effort to remedy problems as quickly as possible. Mason County Personnel Policies Page 61 In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor and complete an accident/incident report. Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees may not bring dangerous weapons to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit. The only exception to this rule involves law enforcement positions for which the job regimes possession of dangerous weapons. Employees should consult the County's Safety Policy and Accident Prevention Program for additional details concerning safety. 8.12 SUBSTANCE ABUSE The County's philosophy on substance abuse has two focuses: (1) a concern for the well-being of the employee and (2) a concern for the safety of other employees and members of the public. Availability of Rehabilitation or Treatment: As part of our Employee Assistance Program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the County is fully committed to helping employees who voluntarily come forward overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the County's benefit program. Please contact our EAP or Human Resources for more information. Employees who seek advice or treatment will not be subject to retaliation or discrimination. Substance Abuse Policy for Operators of Commercial Motor Vehicles: County employees who hold Commercial Driver’s Licenses (CDL) and who operate commercial motor vehicles (CMV) while employed by the County are subject to additional rules and regulations impose d by the federal government. These regulations require urine drug testing and alcohol breath testing in the following circumstances: 1. pre-employment; 2. reasonable suspicion; 3. post-accident; 4. return to duty testing; 5. random testing. CDL holders who test positive must be removed from service and are subject to disciplinary action, up to and including termination. CDL holders should consult the Mason County Drug and Alcohol Testing Policy and Procedure for Department of Transportation Regulated Employees for additional details concerning these rules. Mason County Personnel Policies Page 62 Drug-Free Workplace: The manufacturing, distribution, dispensation, possession and use of unlawful or alcohol on County premises or during work hours by County employees is strictly prohibited. Employees also must notify the County within five (5) days of any conviction for a drug violation in the workplace. Employees should consult the Drug-Free Work Place Policy for additional details on this subject. 8.13 USING POSITION FOR PERSONAL GAIN No County employee will use their position with Mason County for personal gain from any source. Personal gain is receiving any money, item or benefit for personal use, which is not available to the general public. Exception: Nominal value items ($10.00 or less) with company logos, given for advertising purposes such as samples, pens, calendars, coffee cups and ball caps are acceptable. Requesting, or knowingly accepting, discounts on purchases, tickets, meals, travel, clothing, etc., for personal use is not acceptable. Threats or promises of future business or lack of future business with the County to influence personal business will be referred to the Prosecuting Attorney. [PER RESOLUTION 95-04, 10/26/04] Mason County Personnel Policies Page 63 CHAPTER 9 SEPARATION 9.1 LAYOFF The County may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place. In determining who is to be laid off, consideration will usually be given to individual performance and the qualifications required for remaining jobs. Seniority will be considered when performance and qualifications are equal, as determined by the County. Employees who are laid off may be eligible to be re-employed for up to one (1) year after layoff, if a vacancy occurs in a position for which they are qualified. 9.2 RESIGNATION An employee should provide two (2) weeks written notice of resignation to resign in good standing. Management is requested to give at least 30 days’ notice. Employee requests to change their separation date must be approved by the Department He ad and the Human Resources Director. 9.3 RETIREMENT Employees should provide six (6) months written notice of resignation. Employee requests to change their retirement date must be approved by the Department Head and the Human Resources Director. 9.4 OFFBOARDING Employees separating from the organization shall undergo an offboarding process to mitigate risk and recover assets. An employee placed on paid/unpaid administrative leave or who is out for an extended period of time on Federal Medical Leave may be subject to all or parts of the offboarding process. Upon separation from employment, the Department Head or designee is responsible for offboarding an employee using the County Offboarding Checklist. Additional items may be necessary based on department. Offboarding should occur the employee’s last physical day at their work station. Mason County Personnel Policies Page 64 CHAPTER 10 COMPLAINT PROCEDURES 10.1 COMPLAINT PROCEDURES The County recognizes that sometimes situations arise in which employees feel that they have not been treated in accordance with County policies. For this reason , the County provides its employees with procedures for resolving complaints. Step 1: Employees should first attempt to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of County policies and procedures, the employee should attempt to resolve the problem with their Elected Official or Department Head. The Elected Official or Department Head will usually respond to the employee in writing within five (5) days after meeting with them, if possible. Step 3: If the employee is not satisfied with the response in Step 2 ab ove, the employee may submit the problem, using the County Complaint Form to the Board of County Commissioners or their designee and Human Resources. The form must be filed within ten (10) working days of receiving a response from Step 2 above. The Board of County Commissioners or their designee and Human Resources may meet with the parties, either individually or together, and will usually respond in writing to the complainant within ten (10) days of the meeting. The response and decision shall be final and binding. Certain employees may have more than one source of dispute RESOLUTION rights, i.e., the County's Civil Service rules, a collective bargaining agreement, etc. Employees represented by a bargaining unit or who are covered under civil service rule s should follow grievance procedures set out in their respective labor contracts or civil service rules, where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee. Mason County Personnel Policies Page 65 CHAPTER 11 EDUCATIONAL ASSISTANCE 11.1 INTRODUCTION If budgetary considerations permit, the County may reimburse full-time regular employees for education costs for courses approved by their Elected Official or Department Head. Approval for reimbursement will be dependent upon the course and its relevance to the employee's current position. Approval must be obtained prior to commencement of each course per semester. Attendance at all course offerings will be outside the employee's regular duty schedule. 11.2 OBJECTIVE The objective of this policy is to assist employees in furthering their educat ion in an effort to enhance current skills for the benefit of the County and the general public. 11.3 PROCEDURES 1. Educational assistance will be authorized only when the budget of the Office or Department contains sufficient funds to support this policy AND the course of study will be of benefit to the Office or Department. Access to educational assistance will be solely determined by the Elected Official or Department Head, as appropriate. 2. Approval will be sought using the Educational Assistance Request f orm. 3. If approved, reimbursement for coursework relevant to the employee's current position is subject to the limitations in paragraphs 8 and 9, below. Approval of a course of study by the Elected Official or the Department Head is required prior to approval of the courses required in that course of study. Accordingly, the Elected Official or Department Head will review employee applications for educational assistance on a course-by-course basis. 4. All relevant bachelor's degrees and associate's degrees, assuming that the employee does not already have a bachelor's or associate's degree, may, upon approval of the Elected Official or Department Head, be reimbursed subject to the limitations in paragraphs 8 and 9, below. This would apply regardless of the position the employee holds. 5. Certificates or continuing education units (CEU) required for continued certification may be reimbursed at 100 percent. 6. A second degree directly relevant to the employee's current position as determined by the Elected Official or Department Head to be in the best interests of the County may be reimbursed subject to the limitations in paragraphs 8 and 9, below, only if: 1) the first Mason County Personnel Policies Page 66 degree is not directly applicable to the employee's position; or, 2) it is an advanced degree in a field of study relevant to the employee's current position. 7. There is no limit to the number of credit hours eligible for reimbursement per semester/quarter. Employees are encouraged to be prudent in the selection of the number of courses attempted each semester. Employees must be in paid status when reimbursement is sought. For the purpose of this policy, paid status is defined as working the employee's regular schedule or on approved vacation leave. 8. Employees must satisfactorily complete the course work to be considered for reimbursement. Satisfactory completion is defined as award of a grade of "C" or higher, or the equivalent, in the coursework for which reimbursement is sought. 9. Reimbursement will be set by the current, lowest tuition rates at either the University of Washington or Washington State University, whichever institution offers the course of instruction concerned. This rate will apply to courses of instruction at private universities, correspondence programs or other high cost programs. 10. Initial approval of a course of study does not obligate the County to future/continued approval of courses in that course of study. Course approvals are only valid for the course and semester/quarter given. Mason County Personnel Policies Page 67 CHAPTER 12 EQUAL EMPLOYMENT OPPORTUNITY 12.1 PURPOSE The purpose of this policy is to provide guidelines to Elected Officials, Department Heads, employees, volunteers, and members of the public to ensure equal employment opportunities regardless of a person's race, color, creed, national origin, gender, gender identity, sexual orientation, religion, age, veteran’s status, HIV status, genetic information, families with children, sensory, mental or physical disability, or any other protected class under federal or state statute. Additionally, the policy provides guidelines for identifying, reporting, and resolving claims of discrimination or related retaliation. 12.2 POLICY It is the policy of Mason County that no person shall be subjected to employment discrimination based upon their race, color, creed, national origin, gender, gender identity, sexual orientation, religion, age, veteran’s status, HIV status, genetic information, families with children, sensory, mental or physical disability, or any other protected class under federal or state statute. No individual shall be subjected to retaliation because they have exercised a right protected under the law such as submitting, assisting with, participating in the resolution or investigation of, a complaint of discrimination or harassment. Any form of retaliation is prohibited, will not be tolerated, and is subject to disciplinary action up to and including termination of employment. The County will incorporate appropriate non-discrimination language in all its contracts and collective bargaining agreements. The words "Equal Opportunity Employer" will be included on employment applications and recruitment materials. To further promote the Board of County Commissioners' commitment to non-discrimination, the County will conduct periodic training on the Non-Discrimination & Harassment P olicy and to clarify management and employee responsibilities for effective implementation. This Non- Discrimination & Harassment Policy will be distributed and reviewed in new employee orientation. 12.3 PROHIBITION OF DISCRIMINATION, HARASSMENT, AND RETALIATION Mason County is committed to a workplace that is free from unlawful discrimination, harassment, and retaliation. Discrimination, harassment, and retaliation are strictly prohibited. Complaints of discrimination, harassment, and retaliation are taken seriously and will be investigated and resolved in a timely manner. 12.3.1 Definitions Discrimination: The County prohibits discrimination against Elected Officials, employees, and volunteers based on race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran status, sexual orientation, disability (known or perceived), or any other protected class under federal or state statute. Mason County Personnel Policies Page 68 Harassment: Harassment is a form of discrimination that is unwelcome verbal or physical conduct directed toward or relating to a person on the basis of the person's race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran's status, sexual orientation, or disability (known or perceived), where the conduct is sufficiently pervasive or severe as to alter the terms and conditions of employment. Such conduct can take many forms, including unwelcome slurs, comments, joking, touching, innuendo, gestures, display or transmission of materials, and other similar conduct. Employees who engage in harassment will be subject to disciplinary action, up to and including termination of employment. Sexual Harassment: Sexual harassment is a type of harassment that consists of unwelcome verbal or physical conduct directed toward or relating to a person because of their gender that is sufficiently pervasive or severe as to alter the terms or conditions of employment. Such conduct can take many forms including unwelcome slurs, comments, joking, touching innuendo, repeated request for dates, display or transmission of materials, gestures, compliments, and other similar conduct. Sexual harassment also includes unwelcome conduct based on an individual's gender where submission to the conduct or rejection of the conduct is used as a basis for employment decisions regarding the individual. Employees who engage in sexual harassment will be subject to disciplinary action, up to and including termination of employment. Retaliation Adverse employment action against employees for complaining in good faith of discrimination, harassment or retaliation, or for assisting or participating in an investigation of such complaints. Employees who engage in retaliation will be subject to disciplinary action, up to and including termination. 12.4 EMPLOYMENT OF PERSONS WITH DISABILITIES Mason County is committed to providing equal opportunities for current and potential County employees with disabilities. Every reasonable effort will be made to create an accessible work environment to the extent possible without undue hardship to the County. Judgements concerning the reasonableness of providing an accommodation shall be made by the County on a case by case basis. It is the County’s responsibility to determine if a proposed accommodation is effective and reasonable. Employment practices will be administered to allow a person with a disability to participate at the same level as a person without a disability It is the responsibility of the person with the disability to disclose the existence of the disability if reasonable accommodation is to be requested. 12.5 EMPLOYEE RESPONSIBILITIES Each employee is responsible for supporting and adhering to this policy. It is the responsibility of all County employees to bring instances of inappropriate behavior to the attention of management. This includes employees who believe they are the recipient of discriminatory behavior as well as Mason County Personnel Policies Page 69 those who believe they have witnessed such behavior directed at another employee. Employees should never tolerate inappropriate or harassing behavior. If possible, they should make their feelings known to the offending employee. Whether they confront the harasser or not, employees must promptly report any offending behavior to their Department Head, Elected Official, or to the Human Resources Department. Employees are strongly encouraged to report concerns about discrimination or harassment before behaviors become severe or pervasive. This will assist the County in its efforts to stop discrimination or harassment before it rises to the level of a violation of anti-discrimination laws. 12.6 SUPERVISOR / MANAGER RESPONSIBILITIES When a supervisor, manager, department head or elected official suspects or has reason to believe that discriminatory behavior has occurred, they shall immediately notify the Director of Human Resources or the Office of the Prosecuting Attorney and report the incident. 12.7 COUNTY RESPONSIBILITIES County Management representatives will promptly and thoroughly investigate all reports of discrimination or harassment. Complaints against either the Human Resources Department or the Prosecuting Attorney's Office will be investigated by a non-county agency. Complaints of discrimination and harassment will be handled with sensitivity, discretion, and confidentiality to the extent allowed by the circumstances and the law. If the County concludes that a violation of this policy occurred, prompt and effective remedial action will be taken. This may include disciplinary action and/or other actions needed to remedy the effects of the discrimination and prevent further incidents. 12.8 COMPLAINT PROCEDURE Employees who feel that they may have been bullied, discriminated against or sexually harassed, or are aware of actions against another person that may be in violation of this policy, shall immediately contact either their immediate supervisor, their department official, or the Human Resources Department. Complaints should be submitted using the Mason County Internal Discrimination Complaint Form. If the complaint is reported to the employee's supervisor or department official, they will notify the Human Resources Department to perform the investigation. Any person may file a complaint under this policy when the person believes: 1. They have been the target of discrimination or harassment (including bullying); 2. They have personal and first-hand knowledge of behavior believed to be in violation of this policy; or 3. They are being retaliated against for reporting behavior believed to be in violation of this policy. Mason County Personnel Policies Page 70 The complaint must be filed within 180 days of the alleged violation of this policy. The complaint should include a description of the alleged violation, the date it occurred, and the name, signature, address and phone number of the person filing the complaint. The complaint must include sufficient information to allow for investigation into the allegations. In addition to filing a complaint with Mason County, an individual may file a written complaint within one-hundred and eighty (180) days of the alleged violation with the Washington State Human Rights Commission and/or the Equal Employment Opportunity Commission. Employees are encouraged to exhaust administrative remedies outlined in this policy before outside agencies are consulted. The use of the County's internal discrimination complaint procedure is not a prerequisite to the pursuit of such statutory remedies. When an employee or union files both a grievance and an internal discrimination complaint regarding the same alleged acts or incidences, the investigation and processing of one shall be suspended until the other is completed. Mason County Personnel Policies Page 71 CHAPTER 13 VEHICLE USE POLICY 13.1 VEHICLE USE AND SCOPE This policy addresses assignment of county vehicles for business use, for home-to-work commuting and after-hours use, use of personal vehicles for county business, mileage allowances, general motor vehicle safety expectations, and reporting requirements for commercial vehicle operators as per RCW 46.25.030. All employees who operate motor vehicles for county-related business are responsible for operating the vehicle in a lawful, safe and prudent manner. This policy applies to: 1. Departments reporting to the Board of County Commissioners. 2. Elected Officials' Offices with the proviso that those officials are responsible for application of this policy, or a comparable alternative, in their departments. All allowances, mileage reimbursement rates, and other cash disbursements require approval of the Board of County Commissioners. 3. Represented and non-represented employees - Where permitted, the policy is applicable to bargaining unit employees depending on the collective bargaining agreement for that unit and the requirements of RCW 41.56. 4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle Use policy, those rules shall apply. 5. All users of county vehicles (owned, leased, or rented) or personal vehicles being used for county business purposes, including regular employees, temporary employees, contractors, volunteers and citizens. 13.2 DEFINITIONS Vehicle: Per RCW 46.04.670 includes every device capable of being moved upon a public highway an in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. This includes motorized or non-motorized vehicle to include boats, aircraft, and utility tractors designed to transport persons or goods on public roadways, waterways, or federal airspace. Motor vehicle: Per RCW 46.04.320 means every vehicle that is self-propelled by electric poser obtained from overhead trolley wires, but not operated upon rails. Mason County Personnel Policies Page 72 Special Mobile Equipment: Per RCW 46.04.552 means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors another than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and draglines, and transportation of persons or property to which machinery has been attached. Specialized Equipment: Per WAC 468-38-270 certain vehicles are designed and built for very unique functions other than transporting persons. The federal highway administration classifies and references some of these vehicles as specialized equipment in Title 23 C.F.R. Part 658.13(e) and sets minimum and/or maximum parameters for the vehicle to operate. The department adopted these specialized classifications and accepted or further defined the legal parameters for operation on state highways. Weapon: A tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems. Assigned Take-Home Vehicle: A county vehicle, which is used by a County employee for county business and for regularly commuting to and from the employee's home and workstation. Assigned Vehicle: A county vehicle assigned to a department or county employee for county business, but not for employee commuting to and from the employee's home and workstation. Call-Out: A directive to an employee to report to a work site during off dut y time or day, and to respond to emergencies, which require immediate response to protect life and property. Commissioned Officers: All officers commissioned by the Sheriff's Office. Commute Trip Mileage: The mileage from an employee's home to their regular place of work and back, or the actual daily mileage from home to the first work-site and from the last work-site to home. Designated Parking Area: A county parking facility or lot, which has been identified by an employee's Elected Official or the Risk Manager as an acceptable overnight location for parking the employee's assigned county vehicle. Emergency Response: An employee has primary responsibility for immediate response, to protect life and property, and to maintain and enforce law. Occasional overnight usage of county-owned vehicles: County employees taking home county- owned vehicles for conducting county business away from the employee's normal place of work and outside an employee's normally scheduled work hours. Mason County Personnel Policies Page 73 13.3 ASSIGNMENT OF COUNTY VEHICLES PURPOSE and RESPONSIBILTY It is the responsibility of the Board of County Commissioners (BOCC) to ensure the proper use of public funds concerning the County practice of allowing employees to commute to and from work in County-owned and leased vehicles. The BOCC is to assure all County owned and leased vehicles are used responsibly and centralized controls are in place to report taxable benefits if applicable. All Take-Home Vehicle assignments for County issued vehicles will be reviewed by the BOCC annually. The BOCC wish to restrict the number of county-owned and leased vehicles used by employees to commute to and from work. AUTHORITY and REFERENCES IRS Publication 15-B Fringe Benefit IRS Publication 5137 Fringe Benefit Guide IRS Substantiation Requirements §1.274-5 Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of Qualified Non-personal Use Vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined below. Take-Home Vehicle assignment must be preapproved by BOCC, unless for a temporary assignment. 13.4 QUALIFIED NON-PERSONAL USE VEHICLES (as of 12/31/16) 1. Clearly marked police, fire, and public safety officer vehicles 2. Ambulances used as such or hearses used as such 3. Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds 4. Bucket trucks (cherry pickers) 5. Cement mixers 6. Combines 7. Cranes and derricks 8. Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat 9. Dump trucks (including garbage trucks) 10. Flatbed trucks 11. Forklifts 12. Passenger buses used as such with a capacity of at least 20 passengers 13. Qualified moving vans Mason County Personnel Policies Page 74 14. Qualified specialized utility repair trucks (as defined in Publication 5137) 15. Refrigerated trucks 16. School buses 17. Tractors and other special purpose farm vehicles 18. Unmarked vehicles used by law enforcement officers if the use is officially authorized 19. Pickup Trucks and Vans that meet the specifications as defined in Publication 15-B The use of County vehicles or travel reimbursement is preferred over the assignment of take - home vehicles for conducting county business. Assignment of a County vehicle is neither a privilege nor a right of any County employee. Assignment of a County vehicle shall not be made based on employee merit or employee status. The need for communication access (car radio, telephone, etc.) shall not be considered adequate justification for a County vehicle assignment. Wherever possible, assigned County vehicles shall be picked up and dropped off at designated County parking area, thereby avoiding the assignment of Take-Home Vehicles. 13.5 EMERGENCY RESPONSES Take-Home Vehicles may be assigned to county employees who: 1. Are called out at least 12 times per quarter, or 48 times a year and have primary responsibility to respond to emergencies which require immediate response to protect life or property; and 2. Cannot use alternative forms of transportation to respond to emergencies; and 3. Cannot pick-up County-owned assigned vehicles at designated sites without impacting the employee's ability to respond to emergencies, which require immediate response to protect life or property. Emergency response assignments should be supported by data demonstrating the actual number and nature of emergency responses in the prior year, and estimates of future emergency responses. There must be an explanation as to why an employee cannot use alternative forms of transportation to respond to the emergencies or pick up county -owned or leased assigned vehicles at designated parking areas. 13.6 SPECIAL EQUIPMENT VEHICLES Take-home vehicles may be assigned if an employee needs specialized equipment or a special vehicle to perform county work outside of an employee's normally scheduled workday. 1. Communication access shall not normally be considered a valid justification for a specially equipped take-home vehicle. 2. Employees must have primary responsibility to respond to emergencies. Mason County Personnel Policies Page 75 3. Special equipment vehicle assignments shall be supported by information describing the special equipment needed to perform the county work. 13.7 ECONOMIC BENEFIT TO THE COUNTY Take-home vehicles may be assigned if employee’s private vehicle mileage reimbursement costs are greater than the commuting costs for an assigned county vehicle with overnight vehicle usage. 1. Lost productivity costs, the cost of the time it takes an employee to travel from a designated county parking facility to their work station, shall not be included in the calculation of economic benefit to the county. 2. There must be an explanation as to why an employee cannot use alternative forms of transportation or pick up county-owned or leased vehicles at designated parking areas. 3. Tax treatment of all vehicle assignments shall be subject to current regulations. 13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT Occasional overnight usage of County-owned or leased vehicles is permitted. Such occasional usage of County vehicles may occur when an employee conducts County business away from the employee's normal place of work, and outside an employee's normally scheduled workday. Other types of occasional overnight usage is permitted when the following conditions exist: 1. Inclement weather conditions: When employee is on-call and has primary responsibility to respond. 2. Emergency preparedness or seasonal assignment: County-owned or leased vehicle is permitted when an employee is on-call and vehicle is taken home less than 12 times per quarter on average. 3. Collective Bargaining Agreement: Authorization for take-home assignment may be granted to employees represented by collective bargaining agreements with language that provides for take-home vehicle assignment. 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES The BOCC will evaluate, authorize, or deny the current Take-Home vehicle assignments and any new requests from all departments and elected offices by October 31st of each year. Take-home vehicle authorization shall be for the following periods of time: January 1st to December 31st of each year, unless otherwise specified by a collective bargaining agreement. 13.10 BUDGET MANAGEMENT RESPONSIBILITIES Budget Management shall be the department in charge of the following provisions: Mason County Personnel Policies Page 76 1. Maintaining the listing of BOCC approved Take-Home vehicle assignments. 2. Maintain the supporting documents for each Take-Home vehicle assignment. Documents will be compiled, calculated and submitted to payroll for fringe benefit, per the IRS rules and regulations. 3. Provide Fair Market Value of vehicles for auto fringe benefit calculation if applicable. 4. Develop and maintain records of all take-home vehicle assignments for Budget Management provisions. 13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES Department Heads and Elected Officials shall prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by September 30 th of each year or when a new Take-Home assignment is issued to Budget Management. Each department and office shall maintain a list of authorized Take-Home Vehicles. This list shall include: 1. Employee name 2. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Risk Management by September 30th each year or upon request by the Budget Manager. Apply the following standards and criteria for proposing all take-home assignments. The employee shall reside within Mason County. The elected may propose a take-home vehicle assignment for employees residing outside the county if both the residence is within 15 miles of the county line and a reasonable 30-minute response time can be met. In addition, there are reasonable and compelling justifications and if such requests meet, the criteria contained in sections 1 through 6 found below. 1. The employee commute mileage shall not be greater than the business mileage. 2. In cases where the Take-Home Vehicle Assignment requests are based on Emergency Response or Special Equipment, the Elected must show that emergency response outside of the employee's normal working hours is necessary due to an eminent threat to life or property. Mason County Personnel Policies Page 77 3. The employee must provide historical data showing the number of emergency responses made during the same time period in the previous year. 4. There must be no other employees on duty and available to respond or perform the emergency work during their normal work shift. 5. Before approving Take-Home Vehicle Assignment, the Elected shall first consider whether occasional overnight assignment, temporary on-call status or reimbursement for the use of a private vehicle will be of greater economic benefit to the county than a Take -Home Vehicle Assignment. 6. The employee has primary countywide custodial control of resources used during emergency response, and who must be available for any and all emergencies. 13.12 SHERIFF’S OFFICE RESPONSIBILITIES The Sheriff or the Sheriff's designee shall: Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by September 30 th of each year or when a new Take-Home Vehicle assignment is issued to Budget Management. Each Department shall maintain a list of authorized Take -Home Vehicles. This list shall include: 1. Employee name 2. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Budget Management by September 30th each year or upon request by the Budget Manager. Commissioned employees of the Sheriff's Office are exempt under IRS Publication 15-B Fringe Benefit, however, for Non-Commissioned employees, this is considered a fringe benefit and may create a tax liability. 13.13 EMPLOYEE’S RESPONSIBILITIES A County owned or leased Take-Home vehicle is a fringe benefit that may generate a tax liability. If a request for a Take-Home Vehicle is approved, it is the responsibility of the employee to contact payroll and determine the tax liability. Mason County Personnel Policies Page 78 The employee is also responsible for submitting monthly mileage report to Budget Management by the 5th working day of the month. Monthly mileage reports are required for all Take-Home assignments, with the exception of Commissioned Officers of the Sheriff. 13.14 FINANCIAL SERVICES – PAYROLL RESPONSIBILITIES Payroll will update fringe benefit data in the payroll system. [PER RESOLUTION 19-17, 04/11/2017] 13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS The County has auto liability coverage on its Mason County vehicles. Authorized employees, appointed or authorized representatives and persons, or volunteers driving Mason County vehicles are covered under the County's liability coverage. However, employees using their personal vehicles for County business are not included in the County's insurance coverage and, therefore their personal vehicle insurance is responsible for accidents, regardless of whether the accident occurred while they were on County business. The mileage reimbursement received by employees for approved use of personal vehicles includes, in part, a reimbursement for personal insurance coverage. Employees should consult with their insurance agent/company to inquire about what coverage exists while using their personal vehicles for County business. 1. Employees shall provide valid proof of automobile liability/property damage insurance with policy coverage limits that meet the Washington State minimum requirements. 2. When an employee is using their privately-owned vehicle pursuant to County policy, the individual's insurance shall be considered the primary insurance coverage with County coverage potentially available for secondary or excess coverage. 3. Job applicants who have reached the final interview stage of the employment selection process will provide the county with a "Driving Record" prior to being offered the position. This applies to both internal and external applicants and only to those applicants whose job would require them to operate county owned or leased vehicles on a regular (routine) basis. 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS Employee's use of personal vehicles for county business travel purposes is subject to the approval of the department head or elected official. Employees may be required to utilize a county vehicle based on cost or safety considerations. Authorization to use private vehicles may be given on a trip-by-trip or standing approval basis. Upon request, employees are required to provide to their supervisor proof that they possess a valid motor vehicle operator's license, proof of current vehicle liability insurance and a current year Vehicle Use Agreement on file. Mason County Personnel Policies Page 79 Private vehicles utilized for county business are considered official vehicles and must conform to the following requirements: 1. The vehicle must meet legal requirements to operate on a public highway. 2. The vehicle must be in sound mechanical condition and present no safety risks. 3. Employees must submit a mileage reimbursement form, to receive reimbursement based on the county's current mileage rate allowance. The standard mileage rate reimbursement covers gas, maintenance, repairs and insurance for work related driving. 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS Employees using county vehicles on a continuing assignment or trip -by-trip basis are prohibited from using vehicles for personal business except as provided herein. Unauthorized personal use of a county vehicle may result in disciplinary action, up to and including termination of employment. All employees should exercise reasonable judgment regarding the use of a county vehicle for personal purposes. Personal use of a county vehicle may be permitted, subject to the approval of the applicable department head or elected official, when the use serves the county's interests, results in negligible expense, and/or is justified by compelling circumstances and doesn't pose a "bad appearance" even if on personal time — (e.g., at a bar or liquor store). 13.18 INCIDENTAL TRAVEL AND STOPS Employee-drivers should remember that public perception of county employees is important and influenced by how and where the public observes county vehicles being used. Employee -drivers should not make incidental stops at locations the public would generally perceive as inappropriate. 13.19 POLITICAL USE OF COUNTY VEHICLES No employee or person may use any vehicle owned, leased or operated by the county for any trip which is exclusively for the purposes of campaigning in support of, or in opposition to, any candidate or cause for national, county or local office, unless use of the vehicle is required for purposes of security protection provided by the county or local governmental unit. 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS Use of county vehicles by temporary employees or volunteers requires authorization from the department head or elected official. Temporary county employees and volunteers are subject to the applicable provisions of this policy, including signing the Vehicle Use Agreement and providing proof of valid driver’s license. Mason County Personnel Policies Page 80 Interagency use of a county vehicle requires authorization from the county's elected official. Use of a county vehicle under an interagency agreement is subject to the provisions mutually agreed upon by the agencies involved. 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS The following policies govern all vehicle use for county business: 1. All drivers and passengers must comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. 2. Vehicles shall be locked when unattended with the engine turned off. Keys shall not be left in the ignition unless authorized by the department head or elected official. 3. No person may use a county vehicle, or permit the use of a county vehicle, or operate a personal vehicle for county business in the following prohibited manners: a. The driver is impaired by fatigue or any other known mental or physical condition that affects the safe operation of the vehicle. b. The driver is impaired because of prescribed appliances (e.g., cast, sling, brace), prescribed or over-the-counter medications that causes or results in adverse side effects (e.g., drowsiness or impaired reflexes or reaction time). As described in Policy 8.12- Substance Abuse, employees are responsible for informing their supervisor of the possible effects of the medication and expected duration of its use. c. Tobacco use (smoking and non-smoking products and devices) is prohibited in county- owned or leased vehicles. This does not include smoking in personal vehicles used for county-related business. d. Transporting non-county employee passengers, including family members, is not permitted unless authorized by the employee's department head or elected official. e. Permitting non-authorized individuals to drive a county-owned/leased vehicle unless it is for a bona fide emergency purpose. f. Drivers of motor vehicles are prohibited from reading, manually writing or sending a message on an electronic wireless communications device or holding a wireless communication device to their ear while the vehicle is moving. Exceptions to this section include: operators of an authorized emergency motor vehicle; a driver using a wireless communications device in the hands-free mode; using devices to report illegal activity or summon medical aid or other emergency assistance or to prevent injury to a person or property; using hearing aids. g. Use for personal gain, such as delivering goods or services. Mason County Personnel Policies Page 81 h. Modifications including affixing signs, stickers, antennas, bike racks, ski racks, etc. Modifications to county vehicles may be undertaken only with the prior written consent of the department head or elected official. The County Shop or its designee will perform any modification to a county-owned or leased vehicle. i. Transporting of animals — Allowed only with prior written consent of the department head or elected official - (excludes Animal Control activities and transportation and use of canines or other animals by the Sheriff’s Office). j. Hauling loads that exceed the rated capacity of the vehicle or that could cause damage to the vehicle (i.e., hauling firewood or gravel in a passenger vehicle). k. Use of trailer hitches and towing – allowed only with prior approval by either the County Shop or Motor Pool Manager. The County Shop or Motor Pool must evaluate hitches and lights. l. Installation or use of any radar or speed detection devices. m. Transporting hitchhikers. n. Use or consumption of alcohol and/or illegal drugs is prohibited while operating a county-owned/leased vehicle or personal vehicle for county business. o. Use for vacations, side trips or any other use not expressly authorized by this policy or department head or elected official. Drivers with questions regarding the appropriate use of a county vehicle or a personal vehicle while in use for county business should consult with their supervisor, department head, elected official, or the Risk Management Office. 13.22 VEHICLE USE AGREEMENT (VUA) - REQUEST FOR DRIVING RECORD The purpose of the VUA is to ensure employees are licensed to operate a motor vehicle and possess auto liability insurance to operate their personal vehicle for county business. Use of a county (owned, rented or leased) or personal vehicle for business purposes is contingent upon the following conditions and requirements: 1. Vehicle Use Agreement - Each department head and elected official or their designee will acquire a signed Vehicle Use Agreement (VUA), annually from each of their employees that operate a personal or county-owned/leased vehicle for business purposes. This includes those employees required to hold a Commercial Driver's License (CDL). 2. Motor Pool User Agreement – Each department head and elected official or their designee will acquire a signed Motor Pool User Agreement (MPUA), annually from each of their employees that operate a motor pool county-owned/leased vehicle for business purposes. 3. Driving Record Request Mason County Personnel Policies Page 82 a. Employees who are required to operate a vehicle on a regular (routine) basis to perform their job shall, as part of the Vehicle Use Agreement, authorize Mason County to acquire a copy of their driving abstract from the Department of Licensing per RCW 46.52.130. b. All other employees who may drive a county vehicle or a personal vehicle for the use of county business may have their driver abstract requested from the Department of Licensing per RCW 46.52.130 if requested by their department head, elected official and/or the Risk Management Office. 13.23 DRIVER DISQUALIFICATION AND REVIEW County employees and other authorized agents of the county may become disqualified as a driver for county business for any of the following conditions: 1. Three or more moving violations in the past three years. 2. Two accidents if one or more results in injury, loss of life or significant property damage. Note: This includes only accidents where the driver was substantially at fault. 3. Suspension or revocation of driver's license. 4. Drivers must immediately inform their supervisor, department head, or elected official in writing if they become disqualified under this policy. 5. Any change in the status of an employee's driver record resulting in disqualification or the failure to report such change may result in revocation of the privilege to drive a county- owned/leased vehicle or a personal vehicle utilized for county business and/or disciplinary action up to and including termination. 6. Drivers denied the use of a county vehicle based on an unsatisfactory driving record may request a review of the denial through their department head or elected official. The Risk Management Office should be consulted regarding any requests for review. 7. A requested review will be investigated by the department head or elected official and the Risk Management Office then approved or denied by the electe d official in writing. Approval or denial will be documented and kept on file in the Risk Management Office. 13.24 ACCIDENTS AND CITATIONS Employees are fully responsible to operate vehicles on county business in a legal, safe, and prudent fashion and are subject to appropriate corrective action for failure to do so, up to and including termination. Mason County Personnel Policies Page 83 1. Employees shall immediately report all traffic accidents and/or damage to their vehicle to their supervisor or department head or elected official while operat ing a personal or county-owned/leased vehicle while on county business. In addition to any state required accident reports, employees shall complete the Risk Management Vehicle Accident Report form within the first business day following the accident. The report will be forwarded to Risk Management. A review by the department head or elected official may be convened to evaluate the accident depending on the severity. 2. Drivers are personally responsible for the cost of all traffic citations, parking tickets, etc. Passengers are personally responsible for the cost of any traffic citation they may receive while riding in a county-owned/leased vehicle or a personal vehicle being used for county business - (i.e. seatbelt violations, parking violations, throwing object from vehicle). The offending employee shall pay citation fines promptly. 3. Employees shall report moving violation citations that occur while operating a vehicle for county business within the first business day of the issuance of the citation. Employees will notify their immediate supervisor, who in turn, will forward the report to the Risk Management Office. 13.25 COMMERCIAL DRIVER LICENSE In addition to the conditions and requirements for all motor vehicle operators, employees who hold a commercial driver's license (CDL) are subject to all requirements applicable to state and federal laws. 13.26 COUNTY VEHICLE RELATED PURCHASES Supervisors shall inform employees of acceptable vendors, gas stations, and other services that may be utilized for county vehicle related purchases. Repair and towing services are primarily acquired through county contracts. If services are needed while traveling out of the county, the employee should contact the County Shop for public works vehicles, the Facilities manager for motor pool vehicles, or use their best judgment if outside of work hours. 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES Public Works vehicles should use the county-owned fuel dispensers whenever possible. There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to t hose locations and instruct their assigned drivers on the uses of these dispensers. Mason County Personnel Policies Page 84 Public Works vehicles may use public self-service, regular unleaded and diesel dispensers if county fuel dispensers are not available. The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. he use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE Motor pool vehicles should use the assigned WEX Fleet card to purchase fuel from any authorized gas station (Shell or Chevron). Arco and AM/PM gas stations are not authorized vendors. There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. Motor pool vehicles may use public self-service, regular unleaded and diesel dispensers for emergency situations only. The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.29 REPAIRS AND PREVENTATIVE MAINTENANCE When a vehicle is assigned to an employee or department, the driver or department supervisor is responsible for ensuring that all preventative maintenance is performed on schedule and the vehicle is serviced in a timely manner when notified by either the Facilities department or the County Shop. 13.30 GENERAL MOTOR VEHICLE SAFETY In the interest of safety, supervisors may elect to have assignments, jobs or tasks delayed or postponed during inclement weather until driving conditions improve. Only essential vehicles equipped with necessary traction devices should be required to operate during hazardous conditions (e.g., Sheriffs vehicles, snow plows, sanding trucks, etc.). Vehicles used during inclement weather may require the use of tire chains it is the responsibility of the vehicle/equipment operator to install tire chains when needed. Operators shall conduct a safety check of the vehicle each day. The minimum operator's check should consist of a check for body damage, mechanical problems (tire inflation & tread, brakes, steering, turn signals, wipers, horn, etc.) and verification that all lights are functioning and windows are cleaned to present a clear field of view. All items requiring repair shall be reported to the immediate supervisor and the County Shop for public works vehicles, or by submitting a maintenance support ticket to the Facilities Department for motor pool vehicles. Mason County Personnel Policies Page 85 County departments may have additional requirements for the safe operation of motor vehicles and equipment. 13.31 SAFETY In the event a county officer, employee, or volunteer is involved in an accident while operating a county vehicle or their own vehicle and conducting county business, the driver shall follow these safety rules: 1. Immediately provide first aid (if possible and if necessary) to any injured person. It is recommended that employees providing first aid/CPR have a valid first aid/CPR card. 2. The county driver shall then immediately notify their supervisor and the appropriate law enforcement agency. No vehicles shall be moved from the accident scene until law enforcement arrives unless a greater safety hazard would be created by not moving the vehicle(s). 3. The county employee/driver shall exchange information regarding driver’s license, vehicle registration, and insurance information with the operator(s) of the other vehicle(s). 4. If possible, the county employee/driver shall gather the names and addresses of all potential witnesses including passengers in all vehicles involved. 5. If possible, take photos of both the county vehicle and the other injured parties’ vehicle, equipment or the scene itself. 6. The county employee/driver shall complete the vehicle accident checklist located in the glove compartment of each county vehicle. If the accident results in death, personal injury, or property damage in excess of five hundred dollars, complete the State of Washington Uniform Collision Report Form (WSP 161) within twenty-four hours of the accident. [UPDATED RESOLUTION 03/03/2020] Mason County Personnel Policies Page 86 CHAPTER 14 TRAVEL Mason County recognizes that out of town travel and related business expenses can be an integral and necessary component of the operation of local government. This policy is intended to establish equitable standards and to provide consistent and fair treatment to all employees who incur such expenses. It is also intended to establish and maintain effective controls over those expenses. County officials (department heads and elected officials) and County employees are expected to exercise prudent judgment when incurring travel expenses on behalf of the County doing official County business. The failure of employees to follow this policy, or incur excessive expenses, may be cause for disciplinary action. Non-business-related expenses and/or expenses not made in accordance with this policy will not be approved or reimbursed. 14.1 TRAVEL EXPENSE REIMBURSEMENT All travel and associated expenses must be approved in advance by the department head or elected official. Employees will be reimbursed for reasonable and customary expenses incurred in connection with doing business on behalf of the County. These may include meals, lodging, transportation and other necessary expenses while away from the office. These expenses may not include: alcoholic beverages; tobacco; tips exceeding 15%; meals, lodging or transportation provided for the employee by an outside entity as part of the employee’s participation; any expenses for a person(s) traveling with the employee; any expenses incurred that are not in connection with the business of the County All requests for payment of travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. All required documentation must also be submitted on the approved travel document form. Required travel documents include all itemized receipts, conference/seminar agendas, and all proof of costs incurred while doing business on behalf of the County. Travel documents should be presented to the Auditor's Financial Services department in the month the charges occur. If an employee chooses to travel to a destination in advance of the necessary time for arrival, or remain at the destination following the official closing of the event, there will be no additional per diem, lodging or miscellaneous expenses paid to the employee. All requests for payment must be signed by the department head or elected official and the employee that is requesting reimbursement. An employee may not request reimbursement on behalf of another employee. If an employee is compensated by an outside entity for any travel costs while traveling on behalf of Mason County, the employee will deposit those funds with the Mason County Treasurer. The Mason County Personnel Policies Page 87 employee will provide the Auditor's Financial Services department with a copy of the Treasurer's deposit receipt and a detail of the expenses covered. Any member of a board, committee or commission that is not a Mason County employee, but is an appointed member to do business on behalf of Mason County is subject to all travel rules and documentation noted herein. 14.2 PER DIEM (meal reimbursement) All requested meal reimbursement must have a detailed receipt. Meals will be reimbursed, minus any alcohol or a tip exceeding 15%, using the Washington State Office of Financial Management (OFM) per diem rates and, for out of state travel, the U.S. General Services Administration (GSA) per diem rates. The meals will be reimbursed up to the allowable rate for the area and meal on those rate maps. Per diem will be reduced for any meals provided through conference registration, seminars or similar events. Reimbursement will not be made if the employee chooses not to eat the meal provided and eats elsewhere. 14.2.1 Single Day Per Diem Single day per diem occurs when no overnight stay is required. Single day meal reimbursements are considered taxable wages according to the IRS and will be included as gross taxable income of the employee. An employee must use the single day per diem form and include it with their payroll timesheet information. The department supervisor will forward the per diem form to the Auditor's Financial Services department. The meal will be added to their taxable gross wages and taxed accordingly. 14.2.2 Per Diem While in Overnight Travel Status If an overnight stay is required, per diem will be based on either OFM (in state) or GSA (out of state) rates for each day the employee is in full travel status. The per diem rate will be based on the location the employee is in for that meal. On days of departure and return, an employee will apply the Three-Hour Rule (see rule below). 14.2.3 Per Diem Three Hour Rule If an employee is in travel status for three hours beyond their regular work schedule for a single day, they may receive meal reimbursement. The three hours may consist of hours occurri ng before, after or a combination of both before and after the employee's regular work schedule for the day. The employee may not stop for a meal just to meet the three -hour rule. 14.3 SPECIAL CIRCUMSTANCES During emergency situations such as, but not limited to, initial crime scene investigations, major crimes, emergency weather situation, natural disasters, etc., when employees are working extended hours and stopping for a meal break could worsen the emergency or increase costs to the County, departments may provide an on-scene meal of nominal cost. A detailed receipt, including names of all employees/volunteers involved, must be provided. All receipts and Mason County Personnel Policies Page 88 pertinent information involving the emergency situation must be included on the claim for payment voucher submitted to the Auditor's Financial Services department. An employee may not claim a per diem meal reimbursement if their County department is also submitting a claim for payment voucher for the same incident. 14.4 LODGING All lodging is to be reserved using a government, or most economical, rate whenever possible. County credit cards may be used to secure lodging for a County employee. Reimbursement for lodging is allowed when the temporary duty station is located more than fifty (50) miles, us ing the most direct route, of the closer of either the traveler's official residence or official work station. Reimbursement will be made for the actual lodging expense and any applicable taxes. If there are additional charges for a person(s) traveling with the employee, who is not traveling on behalf of County business, the employee is responsible for all charges for that additional person(s) and it will not be reimbursed. An itemized statement is required for all charges. If an employee shares an accommodation with another employee or an employee of another entity who is attending the same event, an equal share of the double room rate will be paid on behalf of the Mason County employee. Each employee must submit an original invoice showing the lodging charge for their portion of the room rate. Not eligible for reimbursement on a lodging receipt are, but not limited to: laundry services; valet service; entertainment expenses; athletic room (gym) charges, internet charges (unless required by their supervisor). 14.5 TRANSPORTATION Any employee driving a vehicle (either County car or personal vehicle) must have and must be able to provide proof of valid car insurance. Employees are encouraged to reserve and use a pool car from ER&R as much as possible. All county vehicles shall be used in accordance with Mason County ER&R use policy. If a personal vehicle is used, the mileage will be based on the current IRS standard POV rate. Mileage will be prohibited for normal travel between the usual place of business a nd employee's main place of residence. When traveling on behalf of the County, mileage will be paid from either the official workstation or the employee's main residence, whichever is the closer and most direct route of the two, to the travel destination. Mileage shall not exceed what the sum of a round trip coach airfare from a common carrier; any needed local ground transportation and other related costs for that destination. Mason County Personnel Policies Page 89 Airfare (coach rate), car rentals, trains, ferry, tolls, shuttle/taxi, etc. wil l be reimbursed with a receipt and paid at actual costs. Personal travel insurance will not be reimbursed. Tickets purchased with an employee's individual frequent flyer miles will not be reimbursed. [PER RESOLUTION 82-12, 11/27/12] Mason County Personnel Policies Page 90 CHAPTER 15 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY 15.1 ELECTRONIC INFORMATION POLICY Mason County provides a communications and data network capable of offering Electronic Mail (e-mail), Voice Mail, Internet access, data storage and data processing to employees to assist and facilitate legitimate Mason County business operations. Mason County information and information resources shall be used in an approved, lawful manner to avoid loss or liability to Mason County and/or loss of public confidence in the operat ion of Mason County. Utilization of these systems is a privilege. Employees should never put information on or access services unless they would be comfortable with the information associated with their name in public. By using Mason County’s communications and data systems, employees agree that they are aware of, understand and comply with the provisions of this policy. 15.2 DEFINITIONS Computers Systems: Includes individual desktop and laptop computers (PCs), e-mail system, internet access, file servers, digital media such as floppy disks, Compact Digital disks (CDs) and Digital Video disks (DVDs), and all other components of Mason County’s computer systems. E-Mail: The County’s e-mail system. Intranet: Web site containing content for internal use. Internet: The worldwide network of computers. Software: The digital programs that perform functions on the PCs and network. All software normally has a copyright and is licensed. Streaming Audio (or Video): Technology used to “play” or view audio/video on a PC from a remote source or Web site over the network. Can be used for music, voice, lectures, videos and other audio/video material. It generally consists of a continuous stream of data coming over the network. Web Browsing: Use of a software tool to access Web sites on the Internet. 15.3 ROLES AND RESPONSIBILITIES Mason County owns all information services resources; use of such resources constitutes consent to monitor, inspect and audit any data or information resident on those resources w ithout permission or further notice. Board of County Commissioners shall approve the Acceptable Use Policy. Elected officials and Department Heads shall be responsible for the following: Mason County Personnel Policies Page 91 1. Informing their personnel of acceptable use policies and acceptable use of information resources. 2. Ensuring that personnel under their supervision comply with these polices. 3. Ensure the contract personnel under their supervision comply with these policies and procedures. 15.4 EQUIPMENT AND PROGRAMS 15.4.1 Acquiring Hardware and Software To prevent the introduction of malicious code and protect the integrity of County information resources, all hardware and software shall be obtained through or with the advice of Information Services. 15.4.2 Complying with Copyright and Licensing All software utilized shall be procured by Mason County and shall be licensed and registered in the name of Mason County. All personnel shall abide by software copyright laws and shall not obtain, install, replicate, or use software except as permitted by the software licensing agreements. 15.4.3 Using Personally Owned Software To protect the integrity of County resources and licensing requirements, personnel shall not use personally owned software on Mason County information systems. This includes, but not limited to, personally purchased and licensed applications and shareware. Exception: Personally, owned Personal Digital Assistant (PDAs) that are compatible with the County systems, may be installed with the authorization of the Elected Official or Department Head. The software licensing that accompanies the PDA must allow concurrent home and business use. 15.5 E-MAIL AND VOICE MAIL (Electronic Communications) 15.5.1 Acceptable Use Mason County provides electronic communications to facilitate the conduct of government business. Occasional and incidental personal electronic communications use shall be permitted if it does not interfere with the government’s ability to perform its mission. However, while they remain in the system, personal messages shall be considered to be in the possession and control of Mason County and shall be deemed public information, unless specifically protected by law. 15.5.2 Prohibited Use Prohibited activities when using government electronic mail shall include, but not be limited to, sending or arranging to receive the following: 1. Information that violates county, state or federal laws and regulations. 2. Any material that may defame, libel, abuse, tarnish, or portray in false light, the recipient, the sender, or any other person. Mason County Personnel Policies Page 92 3. Pornographic, racist, sexually oriented, offensive material, chain letters, unauthorized mass mailings, or malicious code. 15.7.1 Encryption Encrypting electronic mail, messages or data shall comply with the following: a. Use of encryption will be approved by the Commissioners. b. Place the key or other similar file for all encrypted electronic mail in a directory or file system that can be accessed by the responsible Elected Official or Department Head prior to encrypting email. c. Supply the key or other device needed to decrypt the electronic mail upon request by authorized management. d. Use of encryption without prior authorization will be considered violating this policy. 15.6 EMAIL MANAGEMENT Recognizing that e-mail messages that meet the definition of a public record must be managed according to approved records retention periods, Mason County has implemented a process to support the proper management of e-mail records. It is the responsibility of all County employees to manage records according to retention requirements mandated by federal, state and/or local statute, grant agreement, and/or other contractual obligations and Mason County’s policies and procedures. Storing every email is not the same as managing public records created and/or received as emails. Such a strategy is unlikely to be sustainable in the long run, will make it harder to locate the public records that do need to be retained and may not be the most efficient use of age ncy resources. Mason County supports appropriate management of e-mail messages through: • Implementation of an email archiving solutions that provides central storage and access of e-mail messages that meet the definition of a public record. • Development of user procedures and guidelines. • Training for email storage is available to all employees through the Secretary of State https://www.sos.wa.gov/archives/recordsmanagement/managing- emails.aspx. Please contact department’s records retention staff for assistance. 15.6.1 Policy All e-mail messages sent or received that are related to the conduct of County business must be evaluated for the function and content of the record. The function/content of each e -mail message should be evaluated against the following criteria of a public record: • Was the email created in the course of doing County business? • Was the email received for action? Mason County Personnel Policies Page 93 • Does the email document County activities, decisions, or actions? • Is the email mandated by statutes or regulations? • Does the email support financial obligations or legal claims? • Does the email communicate County requirements? 1. Email messages that meet the definition of a public record must be managed according to their approved retention period in their native format. https://www.sos.wa.gov/archives/recordsmanagement/local-government-records- retention-schedules---alphabetical-list.aspx 2. All email messages sent or received from a County email address will be retained for a minimum of 90 days by the County’s email system. 3. Employees have 90 days from the date an email message was created or received to determine if an email meets the definition of a public record. All emails that are public records must be retained in their native format for their approved records retention period. Retention periods are based on functional use of the information contained in each message. 4. Employees shall place email messages in email storage folders for the appropriate retention period as approved by the Washington State Local Records Committee Records Retention Schedule. The email archiving system will retain email based on folder designation. It is critical to use the appropriate email storage folder. 5. 90 days after the received date, e-mails will be purged from the County’s email system (Outlook). E-mails in an employee in-box will be retained by the county’s archiving system (Retain) for two years and deleted e-mails will be retained for one year. This process will purge archived emails that have met their required retention period and junk e-mails. Purged means deleted and unrecoverable. 6. In order to comply with records management requirements an d the Washington State Public Records Act (RCW 42.56) email messages that meet the definition of a public record must be stored within technology systems supported by the County. The County’s email archiving solution is considered the official system of record for County email messages. Requests for alternative methods for retaining emails must be submitted to the Information Technology Department for approval. 7. The creation of new Microsoft Outlook Personal Storage Table (.pst) files is prohibited. 15.6.2 Definitions Public Record: Information in any format, that has been made by or received by Mason County in connection with the transaction of public business. Mason County Personnel Policies Page 94 Transitory Record: A public record with minimum retention value. These records can be deleted “as soon as no longer needed for agency business”. They are subject to public disclosure while they exist. Non-Record: Non-records may be created or maintained by County employees, but do not document the organization, functions, policies, decisions, procedures, operations, or other activities of Mason County. Records Management Requirements: [PER RESOLUTION 68-19, 07/23/2019] 15.7 INTERNET ACCESS Access to the Internet is available to employees, contractors, whose duties require it for the conduct of government business. Since Internet activities may be monitored, all personnel accessing the Internet shall have no expectation of privacy. 15.7.1 Acceptable Use Mason County provides Internet access to facilitate the conduct of government business. Occasional and incidental personal internet use shall be permitted if it is not a Prohibited Use activity, is not conducted during county work time and does not interfere with the government’s ability to perform its mission. Elected officials and Department H eads shall determine when usage is acceptable for their employees. 15.7.2 Prohibited Use Prohibited activities when using the Internet include, but are not limited to, the following: 1. Browsing explicit pornographic or hate-based web sites, hacker or cracker sites, or other sites that Mason County has determined to be off-limits. 2. Posting, sending, or acquiring sexually explicit or sexually oriented material, hate -based material, hacker-related material, or other material determined to be off-limits. 3. Posting or sending sensitive information without management authorization. 4. Accessing outside personal e-mail accounts such as Hotmail or Yahoo mail. Downloads or attachments from these accounts could bypass the County e-mail virus software. Information needed from these accounts should be forwarded to the employee’s County e-mail address. Mason County Personnel Policies Page 95 5. Using other services available on the Internet, such as FTP or Telnet, on systems for which the user does not have an account, or on systems that have no guest or anonymous account for the service being used. 6. Posting commercial announcements or advertising material. 7. Promoting or maintaining a personal or private business. 8. Receiving news feeds and push data updates, unless the material is required for government business. 9. Using non-work-related applications or software that occupy excess workstation or network processing time (e.g., processing in conjunction with screen savers, streaming audio or video feeds). 10. Conducting fund-raising, endorsing any product or service, lobbying, or participating in any political or campaign activity. 15.8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES Generally prohibited activities when using government information resources shall include, but are not limited to, the following: 1. Stealing or copying of electronic files without permission. 2. Violating copyright laws. This includes downloading copyright music or video files. 3. Browsing the private files or accounts of others, except as provided by appropriate authority. 4. Performing unofficial activities that may degrade the performance of systems or wast e employee time, such as the playing of electronic games. 5. Performing activities intended to circumvent security or access controls of any organization, including the use of hardware or software tools intended to defeat software copy protection, discover passwords, identify security vulnerabilities, decrypt encrypted files, or compromise information security by any other means. 6. Writing, copying, executing, or attempting to introduce any computer code designed to self-replicate, damage, or otherwise hinder the performance of or access to any computer, network, or information. Mason County Personnel Policies Page 96 7. Accessing the County network via modem or other remote access service without the approval of management. 8. Promoting or maintaining a personal or private business, or using County information resources for personal gain. 9. Using someone else’s logon ID and password. 10. Disclosing any County information that is not otherwise public. 15.9 MONITORING, AUDITING AND INSPECTION Elected Officials and Department Heads may monitor, inspect or audit the e-mail, data or information their employees create or utilize on the County information services resources at any time. System administrators and other personnel with unrestricted access to email, files, data and similar services shall receive approval from the supervising Elected Official or Department Head prior to decrypting, opening or reading the e-mail, data or information of their employees. If due to unusual circumstances, such as result of viruses, malicious programs, equipment failure or error, employee e-mail, data or information is read or intercepted, then system administrators and other employees that intercept, read, or view the information shall inform the responsible Elected Official or Department Head at the first opportunity. An Elected official may only be monitored, inspected or audited only with the express authorization of the Prosecutor. Mason County Personnel Policies Page 97 CHAPTER 16 – SOCIAL MEDIA POLICY To address the fast-changing landscape of the Internet and the way residents communicate and obtain information online, Mason County departments may consider using social media tools to reach a broader audience. The County encourages the use of social media to further the goals of the County and the missions of its departments, where appropriate. This policy is not meant to address one particular form of social media; rather social media in general, as advances in technology will occur and new tools will emerge. Mason County personnel will approach the use of social media tools as consistently as possible, County Government wide. All Mason County social media sites shall comply with all appropriate Revised Code of Washington (RCW), Mason County policies and standards, including but not limited to: 1. Mason County Electronic Information Acceptable Use Policy (Revision F) 2. Mason County Blogging Policy 3. Mason County Electronic Communications Policy 4. Mason County Personnel Policy 5. RCW 42.52 Ethics in Public Service 6. Mason County Social Media Standards for Facebook and Twitter 7. State of Washington public records laws Mason County has an overriding interest and expectation in deciding what is "spoken" on behalf of the County on social media sites. This policy establishes guidelines for the use of social media. 16.1 DEFINITIONS Blog: A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. The term is short for "Web log." Blog article: An original posting of content to a Mason County blog site by a Mason County blog author. Blog commenter: A member of the public who submits a comment for posting in response to the content of a particular Mason County blog article. Blog comment: A response to a Mason County blog article submitted by a blog comm enter. Mason County blog author: An authorized Mason County employee/official that creates and is responsible for posted blog articles (see blog article below). Mason County Personnel Policies Page 98 Mason County blog moderator: An authorized Mason County employee/official, who reviews, authorizes and allows content submitted by a Mason County blog authors and public commenters to be posted to a Mason County blog site Page: The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. Post: Contents an individual share on a social media site or the act of publishing content on a site. Profile: Information that a user provides about their self on a social networking site. Social Media: A category of Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, MySpace), micro-blogging sites (Twitter, Nixle), photo- and video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. Web 2.0: The second generation of the World Wide Web focused on shareable, user generated content, rather than static web pages. Some use this term interchangeably with social media. Wiki: Web page(s) that can be edited collaboratively. 16.2 ADMINISTRATION OF SOCIAL MEDIA The Mason County Information Services Department will maintain a list of social media tools which are approved for use by County departments and staff. The Mason County Information Services Department will maintain a list of all Mason County social media sites, a list of logins and passwords will be supplied by department / Office directors / managers. (The Mason County Information Services Department must be able to immediately edit or remove content from social media sites.) Official Mason County logo must appear somewhere on the “cover page” of the social media site. Mason County personnel use of personally owned devices to manage the County's social media activities or in the course of official duties is prohibited without express written permission by their Department Head. Mason County Personnel Policies Page 99 Mason County personnel shall observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media. For each social media tool approved for use by the County the following documentation and financial planning will need to be developed and adopted by each department/office: • Standards and processes for managing and administration of accounts • Written operational and use guidelines • Secured budgeting for the approved retention and archiving program The following social media sites and networks have been approved for use by Mason County: • Twitter – Mason County Twitter Standard • Facebook – Mason County Facebook Standard All additional social media tools proposed for County use will be forwarded to Information Services for review and processing for approval. 16.2 MASON COUNTY WEBSITE The Mason County website (https://masoncountywa.gov/index.php ) will remain the County's primary and predominant internet presences. The best, most appropriate Mason County uses of social media tools fall generally into two categories: 1. As channels for disseminating time-sensitive information as quickly as possible (example: emergency information). 2. As marketing/promotional channels which increase the County's ability to broadcast its messages to the widest possible audience. Wherever possible, content posted to Mason County social media sites should contain links directing users back to the County's official website for in-depth information, forms, documents or online services necessary to conduct business with Mason County. As is the case for Mason County’s web site, assigned department staff will be responsible for the content and upkeep of any social media sites their department may create. 16.3 SOCIAL MEDIA PUBLIC RECORDS Mason County’s social media sites are subject to State of Washington public records laws (RCW 42.56). Any content maintained in a social media format that is related to County business, including a list of subscribers and posted communication, is a public record. The Department maintaining the site is responsible for responding completely and accurately to any public Mason County Personnel Policies Page 100 records request for public records on social media. Content related to County business shall be maintained in an accessible format and so that it can be produced in response to a request utilizing an approved retention and archiving program. Wherever possible, such sites shall clearly indicate that “any articles and any other content posted or submitted for posting are subject to public disclosure”. Users shall be notified that public disclosure requests must be directed to the relevant departmental public disclosure officer. Washington state law and relevant Mason County records retention schedules apply to social media formats and social media content. Unless otherwise addressed in a specific social media standards document, the Department maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a County server in a format that preserves the integrity of the original record and is easily accessible through the approved retention and archiving program. Appropriate retention formats for specific social media tools are detailed in the Mason County Social Media Standards for Facebook and Twitter. 16.4 USERS AND VISITORS OF MASON COUNTY SOCIAL MEDIA Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a mechanism for communication between Mason County departments and members of the public. Social media pages should state, where possible, that “Opinions expressed by visitors to the page(s) do not reflect the opinions of Mason County”. Pages shall clearly indicate that posted comments will be monitored and that the department reserves the right to remove obscenities, off-topic comments, and personal attacks. Mason County social media site articles and comments containing any of the following forms of content shall not be allowed: 1. Comments not topically related to the particular social medium article being commented upon; 2. Comments in support of or opposition to political campaign s, ballot measures or pending action items; 3. Profane language or content; 4. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; 5. Sexual content or links to sexual content; Mason County Personnel Policies Page 101 6. Solicitations of commerce; 7. Conduct or encouragement of illegal activity; 8. Information that may tend to compromise the safety or security of the public or public systems; or 9. Content that violates a legal ownership interest of any other party. These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available. Mason County Information Services Department reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law posted on a Mason County social media site. 15.2 BLOGGING POLICY Mason County departments Facebook and Twitter accounts, commonly referred to as "blog" sites, provide County officials the ability to post short articles, exchanges of information, post status updates and photos, and receive notifications related back to those postings. County blogs facilitate further discussion of those articles by providing members of the public the opportunity to submit comments regarding the articles. Comments submitted by members of the public must be directly related to the content of the article. Submission of comments by members of the public constitutes participation in a limited public forum. 15.2.1 Procedures All County blogs shall be: 1. Approved and reviewed by the Mason County department/office Elected Official and the Mason County Information Services Manager 2. Published using the approved County blog sites (see Social Media Policy) 3. Administered by the Mason County Information Technology Department (except Mason County Sheriff’s Office). All Mason County blogs shall adhere to the following Revised Codes of Washington and County policies: 1. Mason County Electronic Information Acceptable Use Policy (Revision F) 2. Mason County Electronic Communications Policy 3. Mason County Personnel Policy 4. RCW 42.52 Ethic in Public Service 5. Mason County Facebook Standards 6. Mason County Twitter Standards Mason County Personnel Policies Page 102 The Mason County department/office or Information Services Department reserves the right to restrict or remove any content that is deemed in violation of this blogging policy or any applicable law. 1. Mason County blogs are subject to State of Washington public records laws. All blog sites shall clearly indicate that any content posted or submitted for posting are subject to public disclosure. All blog sites shall include a notification on the home page that public disclosure requests must be directed to the department's public disclosure officer. (see Mason County Social Media Policy) 2. Relevant Mason County records retention schedules apply to blogs and blog content. Records required to be maintained pursuant to a relevant records retention schedule shall be maintained for the required retention period in a format that preserves the integrity of the original record and is easily accessible using the approved retention and archiving program. Content submitted for posting that is deemed not suitable for posting on a Mason County Blog by a moderator because it is not topically related to the particular blog article being commented upon, or i s deemed prohibited content based on the criteria in Section 7 of this policy, shall be retained pursuant to the records retention schedule along with a description of the reason the specific content is deemed not suitable for posting. 3. Each County blog shall include an introductory statement which clearly specifies the purpose and topical scope of the blog. 4. County blog articles and comments containing any of the following forms of content shall not be allowed for posting: a. Comments not topically related to the particular blog article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; d. Comments that support or oppose political campaigns or ballot measures; e. Sexual content or links to sexual content; f. Solicitations of commerce; g. Conduct or encouragement of illegal activity; h. Information that may tend to compromise the safety or security of the public or public systems; i. Content that violates a legal ownership interest of any other party Mason County Personnel Policies Page 103 5. Mason County blog moderators shall allow blog comments that are topically related to the particular blog article being commented and thus within the purpose of the limited public forum, with the exception of the prohibited content listed above. 6. All Mason County blog moderators shall be trained regarding the terms of this Mason County Blogging Policy, including their responsibilities to review article content submitted for posting to ensure compliance with the Policy. 7. All blog sites shall clearly indicate that they are maintained by a particular Mason County department/office and shall have the Mason County department’s/office contact information prominently displayed. 15.2.2 Author and Commenter Identification All Mason County blog authors shall be clearly identified by entering their name at the end of the post. Public commenters shall be accompanied by valid contact information including the poster’s Facebook or Twitter I.D. Anonymous posting shall not be allowed. Authentication credentials used for posting blog articles and blog comments by authorized Mason County department/office blog authors shall conform to the County's password standard. 15.2.3 Ownership and Moderation The content of each Mason County blog shall be the sole responsibility of the department/office producing and using the blog. Comments submitted to a Mason County blog shall be moderated by an authorized blog moderator that has been trained and assigned by the department/office manager. 15.2.4 Blog Comments & Responses All blog articles submitted with attached content shall be scanned using antiv irus technology prior to posting. The linked content of embedded hyperlinks within any Mason County blog articles or blog comments submitted for posting shall be evaluated prior to posting. Any posted hyperlinks shall be accompanied by a disclaimer stating that “Mason County guarantees neither the authenticity, accuracy, appropriateness nor security of the link, web site or content linked thereto.” 15.3 FACEBOOK STANDARDS POLICY Facebook is a social networking site. Businesses and governments have joined individuals in using Facebook to promote activities, programs, projects and events. This standard is designed for Mason County Personnel Policies Page 104 County departments / Offices looking to drive traffic to the Mason County Web sites (www.co.mason.wa.us) and to inform more people about County’s activities. These standards should be used in conjunction with the County's Blogging Policy and Social Media Policy. As Facebook changes, these standards may be updated as needed. 15.3.1 Establishing a Page When a department determines it has a business need for a Facebook account, it will submit a request through their chain of command to the Elected Official or Division Director. Once approved by their Elected Official or Division Director, the department social media personnel will create the page which will include the official County logo. 15.3.2 Content 1. Type of 'pages' a. The County department will create “pages” in Facebook not “groups”. Facebook “pages” offer distinct advantages including greater visibility, customization and measurability. Related community pages are unofficial representations of county business created by Facebook. Community pages will currently be accepted as is unless there is a copyright/trademark issue. b. For “type” description, choose “government”. 2. Page Design Requirements a. The Mason County logo is to be added to the cover photo. b. Departments will complete the Page Info section as fully as possible. c. If comments are turned on, the Facebook page should include a tab/link to a Comment Policy tab with the following disclaimer: Comments posted to this page will be monitored. Under the Mason County blogging policy, the County reserves the right to remove inappropriate comments including those that have obscene language or sexual content, threaten or defame any person or organization, violate the legal ownership interest of another party, support or oppose political candidates or ballot propositions, promote illegal activity, promote commercial services or products or are not topically related to the particular posting. 3. Link to the Mason County Website a. Link to (www.co.mason.wa.us) will be included on the “Page” information section. b. County department and project pages should be page favorites of other County Facebook pages. 4. Page Naming Mason County Personnel Policies Page 105 a. Page name should be descriptive of the department. o Departments will choose carefully with consideration for abbreviations, slang iterations, etc. o The Division Director will approve proposed names. 5. Page Administrators a. A successful page requires "babysitting." Each departmen t communications officer is responsible for monitoring the Facebook page. Posts should be approved by the Division Director or a designated alternate. b. The department communications officer is responsible for making sure content is not stale. Departments will designate a back-up editor in communications officer's absence. c. Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. 6. Comments and Discussion Boards a. Comments to department / office postings generally will be allowed but will be monitored by department / office communications officer for proper content. b. Discussion boards will be monitored by the communications officer for proper content. 7. Style a. County Department Facebook cover page will display the official County logo. The Information Services Department will provide departments with the official county logo. b. Departments will use proper grammar and standard Associated Press (AP) style, avoiding jargon and abbreviations. Facebook is more casual than most other communication tools but still represents the County at all times. 8. Applications and Security a. There are thousands of Facebook applications. Common applications can allow users to stream video and music, post photos, and view. While some may be useful to the page's mission, they can cause clutter and security risks. b. An application should not be used unless it serves a business purpose, adds to the user experience, comes from a trusted source and is approved by the Elected Official or Division Director. c. An application may be removed at any time if there is significant reason to think it is causing a security breach or spreading viruses. Mason County Personnel Policies Page 106 d. For security purposes, all Facebook accounts logins and password will be kept by the assigned department communications officers, Division Director / Elected Official, and Information Services. 15.3.3 Archive Each Facebook page will be set up in conjunction by Information Services to a designated county account. Mason County’s social media sites are subject to State of Washington public records laws RCW 42.56 . Content that cannot be retrieved from Facebook via the approved retention and archivi ng program, but need to be retained as a record, will be printed and maintained according to the County’s records retention policy by that individual department / office utilizing the account. 15.4 TWITTER STANDARDS POLICY Twitter is a micro blogging tool that allows account holders to tweet up to 140 characters of information to followers. By procuring and maintaining Twitter accounts, County departments will communicate information directly to their Twitter followers, alerting them to news and directing them to the Mason County Website (www.co.mason.wa.us) for more information. These standards should be used in conjunction with the County's Social Media Policy. 15.4.1 Content 1. Department communications officer shall hold and maintain their department's Twitter account. a. Each department will have only one Twitter account, unless otherwise approved by the Elected Official or Division Director. Account information, including usernames and passwords, shall be registered and updated with the department Communications officer, Division Director and Elected Official. Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. 2. All Mason County department's Twitter bio will read: (Department name) Comments, list of followers subject to public disclosure (RCW 42.56). If appropriate the following will be added: This site is not monitored. Call 911 for emergencies. 3. Twitter usernames shall begin with "Mason" (MasonParks, MasonPW and MasonPH). In cases where the username is too many characters, begin with "MC" (MCProsecutor). Mason County Personnel Policies Page 107 4. Department Twitter account backgrounds will share an official Mason County logo provided by the Information Services Department. 5. Twitter accounts shall serve three primary purposes: a. Get emergency information in/out quickly b. Promote County-sponsored events c. Refer followers to content hosted at www.masoncountywa.gov 7. Information posted on Twitter shall conform to the policies and procedures of the County Social Media Policy and the department / office posting the information. Tweets shall be relevant, timely and informative. 8. Twitter content is short synopsis of information presented on the Mason County Website and other existing information dissemination mechanisms. Department communications officer shall ensure that information is posted correctly the first time. Twitter does not allow for content editing. 9. Department communications officer shall be responsive to those citizens who communicate via Twitter's @reply or direct message functions. Communication with followers will be timely and consistent with existing protocols. 10. Mason County Information Services Department shall have the right to suspend or close a Twitter account for improper usage in alliance with the Mason County Social Media Policy. 15.4.2 Archive Department communications officer shall be responsible for archiving Twitter posts. Initial policy will be to archive Twitter postings with the approved retention and archiving program selected by the Information Services in accordance to RCW 42.56. In the retention and archiving program Twitter archives may not be visible to the public, but will be accessible for public document retention purposes. Mason County Personnel Policies Page 108 CHAPTER 17 CELLULAR TELEPHONE POLICY This policy applies to all employees of Mason County, unless other wise addressed by a current collective bargaining agreement or public safety policy. 17.1 DEFINITIONS Cellular Telephones: This includes, but is not limited to: Mobile devices that can be used for phone calls and/or texting messages, internet and network features. Electronic Files: Information stored electronically residing on storage media containing data, images, programs or other information. This includes all files produced or copied onto County - owned or operated hardware, or files produced or copied either to or from other information systems on behalf of the County. Text Messages: The act of composing and sending brief, electronic messages between two or more mobile phones, or fixed or portable devices over a phone network. Internet: Refers to connectivity with other agencies, networks and/or services outside local area networks established and maintained by Mason County. 17.2 COUNTY OWNED CELLULAR PHONES It is the policy of Mason County to provide employees with efficient, cost effective telephone communication equipment and services. The purchase and utilization of cellular telephones shall be limited to the requirement and specification contained in this policy. The acquisition of cellular telephones shall be limited to those instances in which there is a demonstrated need for such equipment to perform essential County business or to improve safety, increase productivity, increase service to the public, or in situations in which necessary communications cannot be provided by any other means. The purchase of cellular telephones shall be subject to approval by the Department Head and completed by Mason County Information Services. County Information Services Department shall install, service, and support cellular telephones software connected to the County’s network system. All equipment purchases, including hardware (phones) or software (applications), shall be approved, in writing, by the department head prior to purchase or installation on to cellular phone or communications equipment by Information Services. Mason County Personnel Policies Page 109 Additionally, electronic communication equipment purchased and owned by employees with the intent of using it for County purposes will not be eligible for County reimbursement or to be placed on the County’s network system. 17.3 USE OF CELLULAR PHONES Discretion is to be used in discussing confidential information using cellular communication. Cellular transmissions can be overheard by others. Employees are responsible for taking reasonable precautions to prevent theft and/or vandalism of cellular equipment. In an event an employee fails to use reasonable precautions, the county may require the employee responsible for such cellular telephone to reimburse the county for the reasonable cost to replace such telephone. 17.4 PERSONAL USE OF CELLULAR PHONES The County recognizes that occasions arise in which personal calls or text messages need to be made or received on a cellular telephone. However, it is intended that cellular telephones be used for County business-related purposes. Personal calls and text messages are to be minimized. Calls or text messages home or to the family, etc., by County staff when required to work extended hours shall be considered business calls or texts. Making and receiving personal calls or text messages should be limited. Use of personal cellular telephones and/or County telephone equipment and services should not result in addi tional costs to the County and should not interfere with performance of official duties or normal business operations. Employees are trusted to exercise good judgment in both the duration and frequency of such calls and text messages. The County reserves t he right to monitor the billing and use of all County owned cellular telephones. The County normally does not reimburse employees for calls made on personal cellular phones. 17.5 TERMINATION OF USE OF COUNTY OWNED CELLULAR PHONES If the conditions of this policy are violated by the employee, the department head may restrict or terminate the use of County owned cellular phones by the employee. 17.6 RECORDS RETENTION OF CELL PHONE RECORD The County Auditor’s Office will retain copies of the County cellular telephone billing records. These billing records must include call history (all numbers called and text messages) in accordance with the laws set forth by the State of Washington. Billing records sent to the Auditor’s Office without the call history will not be paid and sent back to the department due to lack of information. Text message contents will be retained the in the same fashion as the County’s e-mails. Mason County Personnel Policies Page 110 Cellular phone calls, text messages, e-mails, electronic files and internet usage made on County owned phones are subject to the Public Records Act (RCW 42.56), and the Washington Court Rules and specifically General Rules (GR) 22, 31 and 31.1 for courts. Therefore, there is an extremely narrow scope of expectation of privacy. All calls and text messages are open to public records requests. Information Services will provide text message management; install the application for and storage of text messages. 17.7 SERVICE BILLING Information Services will manage and administer all County cellular phone contracts to include service plans, maintenance agreements and upgrades. The retention software will be purchased and funded by Information Services. The cellular company will provide Information Services with individual department statements of monthly services. Information Services will provide individual departments a copy of their monthly statements. Each county department/office will be responsible for yearly budgeting and Support Services will voucher payment from the individual departmental budgets. The consolidated contract’s services will be shared by all County owned cellular telephones and will be subject to review by Information Services of individual’s usage. If individual’s usage exceeds the County’s average usage and an overages fee is charged, those individual’s departments will be responsible for the payment of the overage fee. If individual’s usage is determined to be for non-county use, the individual shall be personally responsible for the overages fee. Mason County Personnel Policies Page 111 CHAPTER 18 TELEWORK POLICY 18.1 PURPOSE To establish guidance and direction for when there is a determined need for qualified employees to conduct County business from a location outside the normal work location. 18.2 ELIGIBILITY Teleworking may be used on specific occasions or more often depending on the need. Qualified employees may request approval to telework, but all may not be eligible. Their work must: 1. Require minimal face-to-face interaction with co-workers, supervisors and customers. Writing, reading, telephoning, data analysis, computer programming, word processing and certain data entry functions are all tasks amenable to teleworking. 2. Have a minimal need for specialized material, equipment or supervision. An employee’s request to telework will be considered in light of the objectives of the office or department and must be approved by the Elected Official/County Administrator/Department Head for the office or department. Approval is discretionary and will be based on the following factors: 1. Office/Department needs; e.g., emergencies, special projects, critical position, etc. 2. Employee’s job performance history 3. Nature of work 4. Effect on service to clients and effect on office workload 5. Competing work schedule or leave requests 18.3 JOB RESPONSIBLITIES AND CONDITIONS 1. Employee salary, job responsibilities, benefits and insurance coverage will not change. 2. Professionalism in terms of job responsibilities, work, output, and customer service will continue to follow the high standards set by County policies. 3. Teleworkers are responsible for maintaining effective workflow among clients, coworkers, and the Elected Official/County Administrator/Department Head. 4. The amount of time an employee is expected to work will not change. Overtime hours will not be permitted unless requested and authorized in advance by the supervisor. 5. Teleworking is not a substitute for dependent care. Mason County Personnel Policies Page 112 6. Teleworkers may withdraw or be withdrawn by the Elected Official/County Administrator/Department Head from the program at any time with th ree (3) days written notice, or sooner if there is an immediate need. 18.4 TELEWORK SITE The Teleworker must designate and maintain a clean, safe, and productive workspace that is adequate for accomplishing necessary tasks and free of obstructions and distractions. The site must also be ergonomically correct based upon Labor & Industries guidelines to prevent occupational disease or injuries. 1. Employee’s telework site is considered an extension of the office/department for limited purposes while employee is in official telework status. All County policies are in effect. 2. The County owned computing device, or any other equipment assigned to the employee while teleworking shall not be used for personal business. 3. The County may make on-site inspections of the telework work site and any County- owned equipment, at a mutually agreed upon time. 4. The County may electronically monitor employee’s activities while connected to County network. 5. Teleworkers will take precautions necessary to secure proprietary and confidential information and prevent unauthorized access to any County systems or paper files. 6. Employee’s in telework status shall be available during the approved work schedule for telephone calls. 7. The county will not pay for a telework site (physical facility), telephone lines, or internet connection. 8. A Teleworker must not conduct in-person meetings with customers or co-workers while working from home. 18.5 COMPUTERS, SOFTWARE, SUPPLIES, AND SUPPORT 1. Any hardware or software furnished by the County remains the property of the County and will be returned should a teleworking agreement be terminated. Information Technology (IT) will coordinate all transfers of equipment according to established procedures. Mason County Personnel Policies Page 113 2. County owned software may not be duplicated except as formally authorized by the manufacturer’s licensing agreement. 3. Any requests for PCs or terminals with access to County networks, mainframes, or other applications must be reviewed and approved by the IT Department. 4. County equipment (computers, printers, modems, telephones, etc.) furnished to the teleworking employee is to be used only by authorized persons for official County business. 5. Supplies required to complete assigned work at the telework wo rk site shall be obtained during the teleworker’s in-office work periods. 6. IT shall be responsible for any County equipment maintenance, installation of software, security access, or support. 7. Only County approved software will be installed on County approved teleworking equipment. 8. Teleworkers requiring access to the County’s Virtual Private Network (VPN) must contact IT Help Desk at 360-427-9670 ext. 558, via the County’s IT Support Ticket System at http://helpdesk.mason.local/tickets/ or via e-mail to toddc@masoncountywa.gov to request an account. 18.6 WORKERS’S COMPENSATION During Telework hours, the Teleworker is covered for any injury arising out of and in the course of employment pursuant to the Washington State Workers’ Compensation Act. A Teleworker injured while working at the Teleworker’s residence or other Remote Work Locations is required to follow established County procedures for reporting on -the-job injuries. This can be found on the Human Resources website: https://masoncountywa.gov/forms/human- resources/Employee-Injury-Illness-Incident-Report.pdf 18.7 OVERTIME, LEAVE, AND COMPENSATION In accordance with the County’s overtime policy, overtime must be approved in advance to preclude any unintended liability for premium pay. Teleworkers must receive supervisory approval prior to working beyond their normal hours of duty. Failure to obtain supervisory approval may result in the termination of the Telework Arrangement and possible disciplinary action. Mason County Personnel Policies Page 114 Procedures for requesting leave will remain unchanged. The teleworker is responsible for obtaining leave approval in advance and keeping appropriate personnel informed of leave usage in accordance with either the Personnel Policy or applicable Collective Bargaining Agreement policy and procedures. Teleworkers working at their Remote Work Location will be granted the same holidays as employees working at the Main Worksite. If a Teleworker becomes sick at any time while Teleworking, the Teleworker must immediately notify their Manager and use sick leave to cover those hours not worked. If a Teleworker must take some other form of leave, the Teleworker must request leave from their Manager immediately and use the leave to cover those hours not worked. A Teleworker’s comp ensation and benefits will not change due to participation in the Telework Program. A Teleworker must submit timesheets and leave requests in accordance with the normal policies and procedures. 18.8 LIABILITY The County will defend and indemnify a Teleworker who is Teleworking at their residence or other approved Remote Work Location for all claims arising out of and with the Teleworker’s scope of employment consistent with the provisions for the Local Government Tort Claims Act and other applicable laws and in accordance of Mason County’s Policy and Procedure for Defense and Indemnity of Employees, Ordinance No. 06-18. Mason County is not liable for any loss, destruction, or damage to property or for any injury or loss to third persons occurring at or around the Teleworker’s residence or other approved Remote Work Location. 18.9 INCLEMENT WEATHER It is a County priority to ensure continuity of operations during inclement weather or other emergency conditions. In the event of a County declared general, weather-related, or other public health emergency closes the Teleworker’s Main Worksite, a teleworking employee scheduled to Telework will be required to continue working remotely, unless it is impossible (power outage). County closures, or limited operation changes, are typically to accommodate the safety of employees who are risking the travel to and from the worksite. Teleworking is a privilege and does not include a risk of traveling to and from the worksite. 18.10 CONFIDENTIALITY A Teleworker is responsible for protecting the confidentiality, integrity, and availability of data, information, and paper files used when Teleworking. A Teleworker must follow all Mason County Personnel Policies Page 115 applicable County, federal, state, and departmental policies, laws, and regulations to protect data, accessed or maintained while Teleworking. In addition, Teleworking employees must adhere to the following: 1. Protecting information assets from unauthorized access and use by others, including family members, friends, and other visitors. 2. Leaving information assets only in secured locations and not in unattended or' unlocked vehicles, or other locations where they may be easily stolen. 3. Ensuring that any County issued equipment, such as cell phones, hot spots, or computers passwords are protected from unauthorized access and use by the Teleworker's personal equipment (i.e. County issued hot spot hooked up to personal laptop or cellphone, etc...) or used by others, including family members, friends, and other visitors. Costs incurred by personal use shall be paid by the Teleworker. Mason County Personnel Policies Page 116 MASON COUNTY PERSONNEL POLICIES ADOPTION CHRONOLOGY Action Resolution Number Date Original Adoption 148-99 December 21, 1999 Revised Chapter 6.3 63-00 July 5, 2000 Add Chapter 5.8 7-01 January 23, 2001 Revised Chapter 5.6 93-01 August 28, 2001 Revised Chapter 4.6 and 7.11 37-14 July 8, 2014 Revised Chapter 5.3 71-15 December 22, 2015 Revised Chapter 8.3 27-16 May 24, 2016 Added Chapter 15.1-15.4 56-16 September 20, 2016 Revised Chapter 4.5 70-16 October 18, 2016 Added Chapter 16.1-16.7 102-16 December 20, 2016 Revised Chapter 13 19-17 April 11, 2017 Revised Chapter 7 & 13 04-18 February 6, 2018 Added Chapter 2.3 22-18 April 3, 2018 Revised Chapter 14.5 Added Chapter 14.6 68-19 July 23, 2019 Revised Chapter 4.2, 4.3, 5.5, 5.10, 7.9, and 13 89-19 September 3, 2019 Revised Chapter 16.7 96-19 October 8, 2019 Revised Chapter 7.9 and 8.5 2020-01 January 7, 2020 Revised Chapter 13 2020-24 March 3, 2020 Revised Chapter 4.5 2020-28 March 17, 2020 Revised Chapter 4.3 and 7.10 2020-86 November 3, 2020 Revised Chapter 3.5, 5.1, 5.2, 5.3, 5.12, 7, 7.1, 7.3, 7.6, 7.10, 7.11, and 17 2021-047 August 3, 2021 Added Chapter 5.13 2022-036 May, 2022 Mason County Personnel Policies Page 117 Revised Chapters 2-17 2022-087 December 6, 2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Lead Pay Annual Review Amendment – Todd Cunningham Background/Executive Summary: As part of the 2023 Budget process, lead pays are reviewed annually for ongoing need, essential functions, and financial impact. Todd Cunningham’s request was on hold during the Community Services department split. Budget Impact (amount, funding source, budget amendment): Included in 2023 budget. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of Lead Pay for Todd Cunningham, Building Official for Community Development, from January 1, 2023 through December 31, 2023. Attachments: Lead Pay Form Higher Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted by the Department Head or Elected Official on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Type of Pay Request Lead Pay Union Status Union Union Teamsters Name Todd Cunningham Department Community Development Employee Current Job Title Building Inspector V Proposed Increase (%) 10 Funding Source Effective Date 1/1/2023 End Date 12/31/2023 What specific job duties will this employee be performing outside of their current position description? Duties are demonstrative and may include others. Assist with administration of department functions related to building and safety. Prepare reports and info related to administration of the building/safety program. Evaluate building permit fee structure and provide recommendations for cost of service recovery or revision. Attendance at project feasibility meetings and on-site evaluation of conditions for future development or rebuild. Assist in preparing and development of recommendations to the county administration regarding the need for new ordinances or revisions to current ordinances and/or policies. Trains front line, building, safety staff related to application of permitting and specific technical subjects to code administration and application and use of softwares. Attach job description for higher class Department Head Email krowen@masoncountywa.gov Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 5, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Plumb Bob Timber Sale Background/Executive Summary: The Department of Natural Resources (DNR) is preparing to harvest over 100 acres of timber trust land surrounding the Mission Creek Correctional facility in Mason County within the next couple of years. The correctional facility is requesting a buffer of approximately 15 acres of trees surrounding the facility to remain in place (200’ buffer). If the trees are not harvested, the Department of Corrections (DOC) would lease the trust land until the time the trees are harvested. If the Commissioners agree to allow the 14 acres to remain forested, there is an impact to the County. The value of timber in this area is estimated to be $392,000. The estimated rental lease is $27,440 per year. 75% of the proceeds from the sale of the timber or lease revenue comes back to governmental entities in Mason County. Estimated distribution of proceeds is: State school levy – 37% County Current Expense and Roads levy – 27% Local school levy – 23% The remainder of the proceeds are distributed to the local Fire Districts, Cemetery Districts, Ports, and Hospital Districts. The DOC has requested the Governor authorize the lease in his 2023 budget. If they do not receive approval the entire stand of timber would be included in the harvest. Budget Impact (amount, funding source, budget amendment): Deferred timber tax revenue Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to authorize the Department of Natural Resources to allow the 14-acre stand of timber surrounding Mission Creek Correctional Facility to remain. 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(6), Sta te Fore st Tran sfer (1 ) All State Unless Otherwise Noted Mason County Community Development Briefing December 12, 2022 Briefing Items → NW Green Construction, Inc. Rezone Request – Marissa Watson Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request from NW Green Construction INC. to rezone two parcels, 12217-24-50030 & 12217-24-50040, from Rural Residential 10 to Rural Residential 5. Background/Executive Summary: The two requested parcels total approximately 23.6 acres and are located in the rural lands just north and adjacent to the Allyn UGA. Access to the parcels is from WA State Hwy Route 3 and E Homestead Dr. The parcels border a section of Lakeland Village. If approved the applicant has indicated that the intention is to subdivide the parcels creating a total of four lots with future single-family development the most likely use. The PAC reviewed this request at their November 21, 2022 meeting, listened to public comment and unanimously recommended approval of the request to the Board. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): The public hearing with the PAC on 11.21.22 was advertised in the Mason Shelton Journal on November 10, 2022 and November 17, 2022. Neighbors within 300 feet of the parcel’s boundaries were mailed a notice of hearing on November 1, 2022 and the site was posted with the NOH on October 31, 2022. This meeting of the BOCC to brief was advertised on the home page of the Mason County website and subsequent requests for action will also be advertised on the home page under the corresponding agenda. Requested Action: Approval to set a Public Hearing for Tuesday, January 17, 2023 at 9:15 a.m. to consider the request from NW Green Construction Inc., to rezone two parcels 12217-24-50030 and 12217-24-50040 from Rural Residential 10 to Rural Residential 5. Attachments: Current zoning map and proposed subdivision (if rezone approved) 12217-24-50040 12217-24-50030 Mason County WA GIS Web Map Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), County Boundary No Filled Tax Parcels (Zoom in to 1:30,000) Rural Zoning Rural Multi Family Inholding Lands Rural Residential 2.5 Acres Rural Residential 5 Acres Rural Residential 10 Acres Rural Residential 20 Acres Agricultural Resource Lands Long Term Commercial Forest 10/31/2022, 10:16:09 AM 0 0.05 0.10.03 mi 0 0.08 0.160.04 km 1:3,061 Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS | Mason County WA GIS Web Map Application NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, January 17, 2023 at 9:15 a.m. SAID HEARING will be to take public comment on request from NW Green Construction INC. to rezone two parcels, 12217-24-50030 & 12217-24-50040, from Rural Residential 10 to Rural Residential 5. Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427- 9670 ext. 419. DATED this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Community Development 615 W. Alder Street Shelton, Wa 98548 Cc: Commissioners Shelton Journal: Publ. 2t: 12/22/22 & 12/29/22 Action Items: → Harbor Custom Development, Inc. Belfair Sewer Latecomer Agreement Discussion Items: Commissioner Follow-Up Items: → Utility Annual Rate Increase → News Release setting 2023 Utility Rates for North Bay/Case Inlet, Rustlewood, Beards Cove and Belfair system. Upcoming Calendar/Action Items: MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING DECEMBER 12, 2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson and Richard Dickinson Ext. 652 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 5 & 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Harbor Custom Development, Inc. – Belfair Sewer Latecomer Agreement Background/Executive Summary: Mason County Code 13.32 allows the county to enter into a latecomer agreement for the installation of public utility improvements. Harbor Custom Development, Inc. is eligible per code, and a proposed agreement has been submitted for review. The purpose for this briefing is to provide Commissioners with a first review of the draft agreement and identify any outstanding items. Harbor Custom Development, Inc. and their engineer Apex, have completed the following actions: 1. Submitted a latecomer proposal. 2. Summarized preliminary and final construction costs, and pro-rata share of total reimbursable construction costs based on percent of flow (expressed as ERUs) 3. Obtained necessary plan/permit approvals for construction and paid their share of fees associated with constructing the new utility infrastructure. 4. Submitted record drawings (as-builts) for the improvements. Public Works is recommending Latecomers pay a pro-rata share of $408.27 per ERU. One ERU is defined in the Belfair Sanitary Sewer Code as standard water consumption of 155 gallons per day (GPD). Actual use is presently 149 GPD. Budget Impact (amount, funding source, budget amendment): Executing the Latecomer Agreement will have minimal budget impact consisting of labor to collect latecomer fees from new customers using the trunk line, and transferring those fees to Harbor Custom Development, Inc. Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): The Latecomer’s Agreement will be recorded against all properties subject to payment of a pro-rata share upon future connection. Requested Action: Request the Board review the draft agreement and pro-rata share calculation and identify any questions or issues. Staff will address any outstanding items in a follow-up briefing, and request the Board authorize the Chair to sign the Latecomers Agreement between Mason County and Harbor Custom Development for action on December 20, 2022. Attachments: Draft Agreement Construction Cost Breakdown Latecomer Calculation LATECOMERS AGREEMENT BETWEEN MASON COUNTY AND HARBOR CUSTOM DEVELOPMENT, FOR INSTALLATION OF A PUBLIC SANITARY SEWER LINE ALONG NE RIDGETOP BLVD THIS LATECOMERS AGREEMENT is made and entered into this day by and between MASON COUNTY, a municipal subdivision of the State of Washington, herein known as "County", and HARBOR CUSTOM DEVELOPMENT, a Limited Liability Corporation, herein known as "Applicant". W I T N E SS E T H WHEREAS, County operates a sanitary sewer utility that maintains and operates a public sanitary sewer system that collects, conveys, treats and disposes of wastewater and services portions of both incorporated and unincorporated Mason County; and WHEREAS, Applicant owns, or legally represents, certain real property in Mason County, Washington, that was not served by the County's sewer system and is described in Exhibits "A" and “C” attached hereto and incorporated herein by this reference (herein known as the "Property"); and WHEREAS, Applicant requested that the Property be served by the County's sanitary sewer system and submitted plans to the County to connect to public sanitary sewer facilities adjacent to or near the Property; and WHEREAS, County has approved and has on file, the plans, specifications and estimated costs for construction of the public sanitary sewer facilities (herein known as the "Improvements") connecting the Property to the County sewer system; and WHEREAS, County determined that, in addition to the Property, there are other properties located in the vicinity of the Improvements which could be provided sewer service at some time in the future due to the installation of the Improvements and those other properties (herein known as the "Tributary Properties") are within a County approved sewerage sub-basin (herein known as the "Tributary Service Area") which includes the Property and is defined in Exhibit "C", attached hereto and incorporated by this reference; and WHEREAS, Applicant will construct the Improvements in accordance with the approved plans and specifications; and WHEREAS, in exchange for the construction and dedication of the Improvements to the County, the County is willing to reimburse the Applicant for certain costs associated with construction of the Improvements; and WHEREAS, County has the authority pursuant to Mason County Code Chapter 13.32 to enter into this Agreement to reimburse the Applicant for a portion of the cost of constructing the Improvements; and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND COVENANTS DESCRIBED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Purpose. The purpose of this Latecomers Agreement is to provide the legal framework and establish the procedures for reimbursing the Applicant the cost of constructing the Improvements to serve the Tributary Service Area, including the Property. 2. Construction of Improvements By Applicant. Applicant will construct at its own expense, all the Improvements as shown on the sanitary sewer plans submitted by Applicant and approved by the Utilities and Waste Management on July 30, 2021. All construction will be in accordance with the approved sanitary sewer plans and all other applicable County, State, and Federal ordinances, statutes, or regulations. Applicant will construct the Improvements and upon final acceptance of the Improvements by the County, transfer the Improvements to the County free and clear of all liens and debts, for inclusion into the sewer system as a public facility, including any right, title and interest in any property upon which the Improvements are located. 3. Applicant’s Connection Charges and Other Fees. In consideration of County's permission to allow Applicant to connect to existing County sewer facilities, Applicant agrees to pay in full all applicable connection charges due the County prior to the issuance of sewer service permits and approval of the building permit for each lot. The connection charge shall be calculated in accordance with the Mason County Administrative Code Chapter 13.04. In addition to the connection charge, Applicant shall pay all other fees required by law, including but not limited to plan review fees, inspection fees, contract administration fees, treatment plant capacity charges, and other administrative fees. Notwithstanding the foregoing, Applicant shall not be required to pay fees for the extension line, which was installed by Applicant at its cost. 4. Eligible Construction Costs. The County and Applicant agree that the estimated Total Eligible Construction Cost for the Improvements to be constructed is $364,652.77[TBD]. The Applicant’s proportionate share is __%. Within 30 120 days of completion of construction of the Improvements and acceptance by the County, Applicant shall provide the complete and itemized copies of all invoices for costs related to construction of the Improvements. The cost information provided by Applicant shall be reviewed by the County to determine the actual Total Eligible Construction Cost. Certification of the costs and authentication of the copies shall be made by the party providing the construction service and by the Applicant. Costs not sufficiently documented by an invoice shall not be included in the Total Eligible Construction Cost. Even if documented, any costs not previously identified in the approved cost estimate submitted with the sewer plans and specifications shall not be included in the Total Eligible Construction Cost without written County authorization. Even if documented, construction costs which exceed the approved Engineer’s Construction Cost Estimate shall not be included in the Total Eligible Construction Cost without written County authorization. 5. Term of Agreement. This Agreement and all obligations contained herein, shall terminate upon final payment of the Total Reimbursable Construction Cost to the Applicant pursuant to this Agreement, or at the end of twenty (20) years from the effective date of this Agreement, whichever occurs first. However, if the Applicant has not received the Total Reimbursable Construction Cost within twenty (20) years, then the term of this Agrement shall automatically be extended for the lesser of: (i) ten years or (ii) the Applicant’s receipt of the final payment of the Total Reimbursable Construction Cost, but in no event shall such extended term exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more. The effective date of this agreement shall be the date the agreement is fully executed by the Applicant and Mason County as evidenced on the signature page of the agreement. 6. Termination of Agreement Due to Expired Sanitary Sewer Plans or Permit. Upon execution of this Agreement, the Applicant must proceed with construction of the Improvements prior to the expiration of Applicant’s approved sanitary sewer plans or Applicant’s Sewer Line Extension Permit, whichever expires sooner. Unless extended by mutual agreement between the County and the Applicant, should the Applicant's approved sanitary sewer plans or Sewer Line Extension Permit expire pri or to the initiation of construction of the Improvements, this agreement shall be null and void. 7. Applicant's Warranty of Improvements. Applicant agrees and expressly warrants to the County that the Improvements will be installed pursuant to the approved d esign plans at the Applicant's expense, will function in a satisfactory manner and be in compliance with recognized engineering and construction standards. Applicant agrees to indemnify the County against any losses caused by faulty materials and/or poor workmanship incorporated in or relating to the improvements. Such warranty and indemnification shall be in effect for eighteen (18) months commencing on the date of the County's acceptance of the Improvements as constructed. The County may require that some portions of the Improvements, such as protective coatings, be warranted for terms longer than the standard eighteen (18) months. Any maintenance bond requirements shall be accordance with the current County ordinances and regulations. Applicant will assign to County all rights Applicant possesses, as against the contractor, subcontractors or any other person, firm, or corporation, contractual or otherwise, whether based on an express or implied warranty to recover damages relating to the Improvements. 8. Limitation of Assignment. This Agreement shall not be assignable by Applicant without the prior written approval of Mason County, which consent shall not be unreasonably withheld, conditioned, or delayed. 9. Notice and Payment Procedures. Any notice or communication to either party required by or related to this Agreement shall be made to the address identified for the receiving party below, by physical delivery or via U.S. Mail. Mailed items must be properly addressed with pre-paid postage. Notice is accomplished upon the sooner of actual delivery or 3 business days after a mailed notice is deposited into the U.S. Mail system. MASON COUNTY Mason County Public Works Department – Utilities and Waste Management Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Commented [TH1]: This is based on Mason County Code 13.32 100 W. Public Works Drive Shelton, Washington 98584 Harbor Custom Development 11505 Burnham Drive1201 Pacific Ave. Suite 1200301 Gig HarborTacoma, WA 9833298402 Reimbursement payments made from the eligible portion of the connection charges collected from the properties within the service area shall be made to the applicant within sixty days following collection of the connection charges by the county or within sixty days following the execution of the amended latecomer agreement, whichever is later. Mason County will mail any payments due to Applicant under this Agreement to the most current address for Applicant on file with the Mason County Public Works Department. Initially, that address will be the one listed in this section. Applicant is solely responsible for providing Mason County with its current address at all times during the term of this Agreement. Should Applicant fail to do so, Mason County is not responsible for any misdelivered payments. To change its address for notice and receipt of payments, Applicant must send notice to Mason County by means of Certified Mail, return receipt request. Mason County may change its notice address by giving Applicant notice as specified in this section. 10. No Waiver of Permits. Nothing in this Agreement shall be construed to waive any permitting or approval process otherwise required by any Federal, State or County agency in conjunction with development on the Property. 11. Indemnification. Applicant agrees to defend, indemnify and save hold harmless the County, its appointed and elected officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of damage to wastewater facilities, economic loss, environmental remediation, personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and for damages to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of Applicant, Applicant’s Subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. The preceding paragraph is valid and enforceable only to the extent of Applicant’s negligence where the damages arise out of services or work in connection with or collateral to, a contract or agreement relative to construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, a contract or agreement for architectural, landscape architectural, engineering, or land surveying services, or a motor carrier transportation contract and where the damages are caused by or result from the concurrent negligence of (i) the County or its agents or employees, and (ii) Applicant or Applicant’s agents or employees. With respect to the performance of this Agreement and as to claims against the County, its officers, agents and employees, Applicant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of Applicant. This waiver is mutually negotiated by the parties to this Agreement. 12. Entire Agreement. This Agreement constitutes the entire agreement between the Applicant and the County with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, oral or written, with respect to such subject matter. Any alteration or amendment or modification of this agreement shall be valid only if set forth in writing and signed by both parties hereto. 13. Governing Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Mason. This Agreement shall be governed by laws of the State of Washington and the ordinances and codes of the County of Mason. 14. Severability. In the event any portion of this Agreement is determined to be void or unenforceable, such provision shall be severable and will not affect the validity of the remaining portion of this Agreement. Executed this day of , 2021. MASON COUNTY Approved as to legal form only: By Deputy Prosecuting Attorney Date Recommended: By Budget & Finance Date Approved: By Department DirectorChair Date APPLICANT(S) HARBOR CUSTOM DEVELOPMENT, INC. Date By: Applicant’s Address: 11505 BURNHAM DRIVE1201 PACIFIC AVE., SUITE 1200, GIG HARBOR, WA 98332 SUITE 301TACOMA, WA 98402 Applicant’s Phone Number: (253) 649-0636 Applicant’s Tax Identification Number OR Social Security Number: 46-4827436 Formatted: Tab stops: 0.63", Left Formatted: Tab stops: 4.13", Left APPENDIX A: Proposed Design Plan / Service Plan APPENDIX B: Construction Cost Estimate APPENDIX C: Proposed Service Area GE NE MCKNIGHT RD R-4 P:\Mapping\Maps_Generated\Belfair\19-10632.00\001\maps\GSP\Fig 2-5 Zoning Map - 8.5x11.mxd 12/2/2020 ctolentino Belfair UGA Zoning Business Industrial B-1 Festival Retail FR General Commercial GC General Commercial & Business Industrial GC-BI Long Term Agricultural LTA Mixed Use MU Single Family Residential R-4 Medium Density Residential R-5 Multi Family R-5 R-4 R-5 LTA R-5 B-I GC-BI P P B-I GC-BI GC £¤3 Gravity Sewer Residential R-10 R-4 MU Gravity Sewer Section A Flow = 1,350 gpm R-5 GC-BI Section C Flow = 1,000 gpm R-10 R-4 MU MU MU GC R-5 MU MU FR FR GC MU FR FR MU R-5 GC R-5 R-10 R-10 R-4 NE STATE ROUTE 300 MU MU D R-4 R-5 R-10 R-10 MU MU Lynch Cove R-4 L R-5 MU MU R-10 R-4 R-5 Legend MU £¤3 R-5 Belfair UGA Boundary Counties Water Bodies Rivers/Streams Railroad Sewer Force Main Olympic Sunset View Apartments and Olympic Ridge Service Area Peak Hourly flow = 350 gpm Gravity Sewer Section B Flow = 200 gpm AN E NE RIVERHILL D NE KIR Appendix C Tributary Service Area APPENDIX D: Flow Calculations Kennedy Jenks Consultants 6/14/2021 Flow Projections at Buildout w/Buildout Flows from PSIC Areas C, D, E, and F and Sewer Sections A, B and C. Sewer Total Potential Population (2.5 AAF (GPD) Zoning Section Acreage DU per Acre Units persons/unit) Belfair UGA Peak (GPD) Comments R-4 A 48 4 192 480 38,400 153,600 R-5 A 23 5 115 287.5 23,000 92,000 25% buildable land (93 acres total) R-10 A 20 10 200 500 40,000 160,000 GC A,B 14 14,000 56,000 GC-BI A 12 12,000 48,000 Olympic Sunset View Apartments A 264 660 52,800 211,200 Olympic Ridge A 142 355 28,400 113,600 Belfair Gateway A,B,C 30,000 120,000 Total 238,600 954,400 663 City of Bremerton PSIC A,C 234,000 936,000 Total 234,000 936,000 650 Sewer Section Mason County Flows Bremerton Flows Total Minimum Pipe Size PHF (GPD) PHF (GPM) PHF (GPD) PHF (GPM) PHF (GPD) PHF (GPM) Design PHF Inches A 954,400 663 936,000 650 1,890,400 1,313 1350 10/12 B 176,000 122 0 0 120,000 122 200 8 C 60,000 42 936,000 650 996,000 692 800 8 Olympic Sunset View Apartments/Olympic Ridge Service Area 478,400 332 0 0 478,400 332 350 n/a 1. The Belfair 2007 Facility Plan Supplemental Information report breaks the wastewater demand into domestic and I/I. The domestic flow is 65 gpcd and the I/I is 15 gpcd, totaling 80 gpcd. For land uses without defined populations, 1,000 gpd per acre was used to estimate wastewater demand. 2. Peaking factor of 4 assumed. 3. Density assumed to be 1.8 persons/unit 4. A total of 15 lots are proposed for this development. Lacking information related to specific lot development, a placeholder of 1,000 gpd per lot was assumed. The projected AAF was then doubled to account for additional development (discussion w/ KJ 4-17-20) 5. Design calculations for Olympic Sunset View Apartment and Olympic Ridge service area includes 48 acres of R-4 Zoning. Worksheet for 1350gpm_Gravity_0.8%minS_12" Project Description Friction Method Solve For Manning Formula Normal Depth Input Data Roughness Coefficient Channel Slope Diameter Discharge 0.013 0.008 ft/ft 12.0 in 1,350.00 gal/min Results Normal Depth Flow Area Wetted Perimeter Hydraulic Radius Top Width Critical Depth Percent Full Critical Slope Velocity Velocity Head Specific Energy Froude Number Maximum Discharge Discharge Full Slope Full Flow Type 9.3 in 0.7 ft² 2.1 ft 3.6 in 0.84 ft 8.9 in 77.3 % 0.009 ft/ft 4.61 ft/s 0.33 ft 1.10 ft 0.922 1,538.47 gal/min 1,430.20 gal/min 0.007 ft/ft Subcritical GVF Input Data Downstream Depth Length Number Of Steps 0.0 in 0.0 ft 0 GVF Output Data Upstream Depth 0.0 in Profile Description Profile Headloss 0.00 ft Average End Depth Over Rise 0.0 % Normal Depth Over Rise 70.5 % Downstream Velocity Infinity ft/s Upstream Velocity Infinity ft/s Normal Depth 9.3 in Critical Depth 8.9 in Channel Slope 0.008 ft/ft Critical Slope 0.009 ft/ft Messages GravityPipingSizing_ToApex.fm8 6/14/2021 Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [10.02.00.01] Page 1 of 2 Note: 350gpm generated from the Olympic Sunset View Apartments and Olympic Ridge service area are included in the design flow rate provided herein. Messages Notes Worksheet for 1350gpm_Gravity_0.8%minS_12" min velocity = 2 fps design % full = 80% min pipe size = 8in per orange book manning's n = 0.13 per orange book Criteria for Sewage Works Design Water Quality Program August 2008 GravityPipingSizing_ToApex.fm8 6/14/2021 Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [10.02.00.01] Page 2 of 2 Project Description Friction Method Solve For Worksheet for 1350gpm_Gravity_2%minS_10" Manning Formula Normal Depth Input Data Roughness Coefficient Channel Slope Diameter Discharge 0.013 0.020 ft/ft 10.0 in 1,350.00 gal/min Results Normal Depth Flow Area Wetted Perimeter Hydraulic Radius Top Width Critical Depth Percent Full Critical Slope Velocity Velocity Head Specific Energy Froude Number Maximum Discharge Discharge Full Slope Full Flow Type 7.9 in 0.5 ft² 1.8 ft 3.0 in 0.67 ft 9.0 in 79.5 % 0.017 ft/ft 6.47 ft/s 0.65 ft 1.31 ft 1.373 1,495.93 gal/min 1,390.65 gal/min 0.019 ft/ft Supercritical GVF Input Data Downstream Depth Length Number Of Steps 0.0 in 0.0 ft 0 GVF Output Data Upstream Depth 0.0 in Profile Description Profile Headloss 0.00 ft Average End Depth Over Rise 0.0 % Normal Depth Over Rise 79.5 % Downstream Velocity Infinity ft/s Upstream Velocity Infinity ft/s Normal Depth 7.9 in Critical Depth 9.0 in Channel Slope 0.020 ft/ft Critical Slope 0.017 ft/ft Messages GravityPipingSizing_ToApex.fm8 6/15/2021 Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [10.02.00.01] Page 1 of 2 Messages Notes Worksheet for 1350gpm_Gravity_2%minS_10" min velocity = 2 fps design % full = 80% min pipe size = 8in per orange book manning's n = 0.13 per orange book Criteria for Sewage Works Design Water Quality Program August 2008 GravityPipingSizing_ToApex.fm8 6/15/2021 Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [10.02.00.01] Page 2 of 2 10"12"SSMH Depth Description  Quantity Amount 279 1‐2 10.14 Mobilization 1 $65,000.00 114 1‐3 14.06 Traffic Control 5 $32,500.00 91 1‐4 14.04 Existing Sewer Tie‐in 1 $6,500.00 171 1‐5 14.04 Ravens Coating 6 $27,000.00 110 Sweet Street MH Odor Filter 6 $10,200.00 74 Pipe 10"900 $105,300.00 240 1‐6 14.04 SSMH 6 $49,725.00 397 1‐7 14.04 Test & maintenance 900 $16,677.00 294 1‐8 13.71 Road Subgrade SF 8800 $4,312.00 1‐9 17.78 Road Base Installation SF 8800 $13,200.00 1‐10 28.15 Road Top Course Installation SF 8800 $8,800.00 88 1‐11 15.95 Paving SF 8800 $25,784.00 281 1‐12 12.91 Subtotal $364,998.00 300 1‐13 18.45 Sales Tax 8.5%$31,024.83 300 1‐14 18.73 Subtotal $396,022.83 178 Description  Quantity Amount Pipe 10"250 22,500.00 Pipe 12"700 66,500.00 SSMH 3 21,075.00 Ravens Coating 2 3,400.00 Sweet Street MH Odor Filter 2 3,400.00 Test & maintenance 950 13,537.50 Subtotal 130,412.50 Sales Tax 8.5%11,085.06 ` Subtotal 141,497.56 Description  Quantity Amount Onsite Fill Excavation and hauling 24,138 YDS $120,690.00 Site Fill 24,138 YDS $103,797.00 Tucci $92,525.00 Pipe 12"969 $29,990.55 SSMH 4 $12,000.00 Test & maintenance 696 $14,250.00 Subtotal $373,252.55 Sales Tax 8.5%$31,726.46 Subtotal $404,979.01 Shared Costs (Phases 1‐3) Phase 1, 2, & 3 Engineering and Surveying 55,880.00$            HCDI Onsite GPS Survey 7,500.00$               Phase 3 SSMH 1‐10 to SSMH 1‐14 Belfair Sewer Extension  PH1 PH2 PH3 Phase 1 SSMH @ St Rout 3 to SSMH 1‐7 Phase 2 SSMH 1‐7 to SSMH 1‐10 Coordination with Mason County and Outside  Agencies 12,000.00$            Permit Coordination, etc.16,000.00$            Comminications with Potential Users 10,000.00$            Construction Estimate Cost Preperation 14,000.00$            Legal Fees 13,000.00$            Management and Admin Costs 173,787.21$          $1,244,666.61Grand Total: CFCERU=200 ERU=155ERU=135MC 1193 15391767Already approved 232 23223296113071535PSIC1170151017332131 28173268Designed Capacity Codified ERUActual consumptionERU = 200 GPD ERU = 155 GPDERU = 135 GPD200 155Construction Cost 4,231,500.00$                  4,231,500.00$              4,231,500.00$     ESDC793,888.00$                     793,888.00$                  793,888.00$        90.3% 92.5%Phase 1 396,022.83$   31,024.83$   364,998.00$  Latecomers1,123,933.95$                  1,151,316.61$              1,244,666.61$      1,123,933.95$       1,151,316.61$       Phase 2 174,698.56$   13,686.06$   161,012.50$  Phase 3 174,712.13$   13,687.13$   161,025.00$  Total6,149,321.95$                 6,176,704.61$              6,270,054.61$     Remaining Grant Funds1,000,000.00$                  1,000,000.00$              1,000,000.00$     745,433.52$   58,398.02$   687,035.50$  ARPA1,500,000.00$                  1,500,000.00$              1,500,000.00$     Latecomer LatecomerTotal 3,649,321.95$                 3,676,704.61$              3,770,054.61$     526.68$                   408.27$                  678,344.50$   625,202.31$  626,164.16$   577,109.82$  Est CFC addition1,833.83$                          1,373.96$                      1,153.63$             Current CFC 11,300.00$                        11,300.00$                    11,300.00$           12,607.15$            NEW CFC Charge13,133.83$                   12,673.96$                    12,453.63$           9.70% 120,732.66$         90.30% 1,123,933.95$      Construction Cost 4,231,500.00$                  4,231,500.00$              4,231,500.00$     ESDC793,888.00$                     793,888.00$                  793,888.00$        Latecomers626,164.00$                     626,164.00$                  626,164.00$        Total5,651,552.00$                 5,651,552.00$              5,651,552.00$     13133.83Remaining Grant Funds1,000,000.00$                  1,000,000.00$              1,000,000.00$     526.68ARPA1,500,000.00$                  1,500,000.00$              1,500,000.00$     12607.15Total 3,151,552.00$                 3,151,552.00$              3,151,552.00$     Est CFC addition1,478.91$                          1,118.76$                      964.37$                 Current CFC 11,300.00$                        11,300.00$                    11,300.00$           NEW CFC Charge12,778.91$                        12,418.76$                    12,264.37$           354.92$                             255.19$                           189.26$                 Available ERU'sTotal ERU's subject to new CFC chargeProject Cost EXHIBIT A RUSTLEWOOD WATER & SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM RATE/FEE SCHEDULE 2023 Utility Monthly Rate Miscellaneous Fees Per ERU GP on Empty lot Duplex/unit Connection Fee Re-Connect Fee Grinder Fee Permit Fee Plan Review Comm or subdiv Inspect Fee Re-inspect Fee Shop Rate/hrly RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCI Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 EXHIBIT B Chapter 13.20 – Rustlewood Water and Sewer System 13.20.010 – Permit and fees At the time of application for a building permit, or if an applicant wishes to connect to the water and sewer system, the applicant shall apply for a water connection permit and shall pay to the county a permit fee as set forth below together with connection charges and/or other charges, if any, required by this chapter. If the building permit is not issued, the permit fee and connection charges shall be refunded. The permit shall be in effect for one year and may be extended for an additional year with written approval of the director of utilities and waste management. After two years the applicant may apply for an additional extension but must remit additional fees, if any, equal to the difference of the original permit fee and the current permit fee. Permit fees shall be as follows: For each water/sewer connection made to the system service line, at the property boundary line: Water: $2,000.00 Sewer: $5,000.00 Exhibit A -Rate/Fee Schedule shows water and sewer permit/miscellaneous fees. These fees are reviewed annually with the Board of County Commissioners and may increase thereafter 2023, therefore, current year fees apply at time of application. 13.20.020 – Water fees The monthly fees for water service set forth in “Exhibit A” shall increase each year thereafter annually at a rate that corresponds to by the amount of the April Consumer Price Index (CPI-U) for Goods and Services for the Bremerton Seattle-Tacoma-Bellevue area; unless the CPI-U is unusually high or low, then Commissioners may elect to make a one-year percentage adjustment. Current year Fee/Rate Schedule should be referred to for up-to-date charges. The County shall charge water services on a monthly water rate billing for 2009 as follows: Single-family dwelling (ERU): $33.00 Lot without dwelling (with paid connection fee): $15.00 Multiple dwellings: $33.00 ea. Recreational lots (service access without a permanent dwelling) shall be charged at the full residential rate for each month service is provided. Rate/Fee schedule and adjustment mechanisms shall be present annually by the Public Works Department to the Commissioners. 13.20. 040 – Sewer fees The rate for sewer service set forth in “Exhibit A” will shall increase each year thereafter annually at a rate that corresponds to by the April Consumer Price Index (CPI-U) for Goods and Services for the Bremerton Seattle, Tacoma, Bellevue area; unless the CPI-U is unusually high or low, then Commissioners may elect to make a one-year percentage adjustment. Current year Rate/Fee Schedule should be referred to for up-to-date charges. The county shall charge sewer services on a monthly rate for 2009 as follows: Single-family dwelling (ERU): $88.00 Lot without dwelling: $15.00 Multiple dwellings: $88.00 ea. Recreational lots (service without a permanent dwelling) shall be charged at the full residential rate for the month service is provided. Fee schedule and adjustment mechanisms shall be present annually by the Public Works Department to the Commissioners. Chapter 13.24 – Beards Cove Water System 13.24.010 – Permit and fees At the time of application for a building permit, or if an applicant wishes to connect to the water system, the applicant shall apply for a water connection permit and shall pay to the county a permit fee as set forth below together with connection charges and/or other charges, if any, required by this chapter. If the building permit is not issued, the permit fee and connection charges shall be refunded. The permit shall be in effect for one year and may be extended for an additional year with written approval of the director of utilities and waste management. After two years the applicant may apply for an additional extension but must remit additional fees if any equal to the difference of the original permit fee and the current permit fee. Permit fees shall be as follows: For each water connection made to the system service line, at the property boundary line: Water: $2,000.00 Exhibit A - Rate/Fee Schedule shows water and sewer permit/miscellaneous fees. These fees are reviewed annually with the Board of County Commissioners and may increase thereafter 2023, therefore, current year fees apply at time of application. 13.24.02 – Water fees The monthly fees for water service set forth in “Exhibit A” shall increase each year thereafter annually at a rate that corresponds to by the amount of the April Consumer Price Index (CPI-U) for Goods and Services for the Bremerton Seattle-Tacoma-Bellevue area; unless the CPI-U is unusually high or low, then Commissioners may elect to make a one-year percentage adjustment. Current year Fee/Rate Schedule should be referred to for up-to-date charges. The County shall charge water services on a monthly water rate billing for 2009 as follows: Single-family dwelling (ERU): $33.00 Lot without dwelling (with paid connection fee): $15.00 Multiple dwellings: $33.00 ea. Recreational lots (service access without a permanent dwelling) shall be charged at the full residential rate for each month service is provided. Rate/Fee Schedule and adjustment mechanisms shall be present annually by the Public Works Department to the Commissioners. Chapter 13.29 – North Bay/Case Inlet Sanitary Sewer System 13.29.010- Sanitary sewer service—User charges and connection fees. At the time of application for a building permit, or if an applicant wishes to connect to the sewer system, the applicant shall apply for a sewer connection permit (blue card) and shall pay to the county a permit fee as set forth in this section together with connection charges and/or other applicable charges (including grinder pump charges), if any, required by this chapter. If the permit is not issued, the permit fee, grinder pump charge and connection charges shall be refunded. (a) Monthly user charges for Residential and Commercial. The monthly user charges set forth in “Exhibit A” shall increase each year thereafter by the April Consumer Price Index (CPI-U) for Goods and Services for the Seattle, Tacoma, Bellevue area; unless the CPI-U is unusually high or low, then Commissioners may elect to make a one-year percentage adjustment. Current year rate/fee schedule should be referred to for up-to-date charges. (1) Residential customers. Each residential customer shall pay a monthly user charge as follows: (A) Single-family dwelling (includes each unit in a condominium) .....$95.30 (B) Duplex .....$133.40 (C) Triplex .....$201.00 (D) Installed grinder pump on vacant lot .....$68.70 (E) Multifamily, per each unit .....$66.70 For residential customers, the distribution of residential equivalent units shall be as set forth in the following table: Residential Customer Type Unit R.E./Unit (A) Single-Family Dwelling Unit (includes each unit in a condo) Each 1.00 (B) Duplex/Triplex Each dwelling unit 0.7 (C) Multifamily Dwelling Each dwelling unit 0.7 (D) Mobile Home Each 1.00 (E) Cabin/Additional Dwelling Unit (adjacent to single-family dwelling) Each additional occupied unit 0.7 (2) Commercial customers. For commercial customers, the distribution of residential equivalent units shall be as set forth in the following table. (the basic monthly sewer chargeshall be seventy-six dollars in 2006 per month per residential equivalent (R.E.), and eighty-six dollars in 2007) (1)* Other establishments not specifically defined in this section shall be determined on a specific use basis, consistent with the criteria of this section. It shall be the responsibility of the owner to provide a description of the use, metered water consumption, number of employees, or other information necessary to determine the monthly sewer rate. (b) Connection fees required. (1) Residential customer. A sewer connection fee shall be paid to Mason County before any structure is connected to the county sewer system. No sewer permit shall be issued prior to the application for a building permit. No building permit shall be issued until all connection fees have been paid in full. Exhibit A - Rate/Fee Schedule shows permit/miscellaneous fees. These fees are reviewed annually with the Board of County Commissioners and may increase thereafter 2023, therefore, current year fees apply at time of application. The connection fees shall be according to the following schedule and shall increase by five hundred dollars starting January 1st of each year after 2007. Residential customer examples. (A)Single-family dwelling (includes each unit in a condominium) .....$9,583.00 (B)Duplex/triplex, per unit .....$9,650.00 (C)Multifamily dwellings, per unit .....$9,650.00 (D)Mobile homes .....$9,583.00 All costs and expenses incidental to the installation and connection to the sanitary sewer system, whether it be gravity or grinder pump connection, shall be borne by the owner, including costs associated with decommissioning any existing on-site septic tank. Owners shall purchase the required grinder pump from Mason County or provide a grinder pump identical to that used by Mason County. The cost to the owner shall be that paid by the county, including tax. Owners shall be required to provide right-of-entry documents for those properties served with a grinder pump. (E) Certain single-family dwellings are served by multiple plumbing outlets and/or septic tank facilities. The minimum connection fee shall be that established for the respective year noted above and shall be adjusted for any costs incurred by the county. (2) Commercial customer. Each commercial customer shall pay a minimum connection fee as established for the respective year noted in subsection (b)(1)(D) of this section. For larger commercial connections, the connection assessment shall be based on the distribution of residential equivalent units as set forth in the table in subsection (a)(2) of this section. Chapter 13.31 – Belfair Sanitary Sewer Code 13.31.060 - Permit fees, CFCs, ERUs, monthly sewer charge. A. Permit Fees and Costs. 1.At the time of application for a building sewer permit, or if an applicant seeks to connect to the sewer system, the applicant shall apply for a building sewer permit (blue card) and shall pay to the county a permit fee together with connection charges and/or other applicable charges (including grinder pump charges), if any, required by this chapter. If the permit is not issued, the permit fee, grinder pump charge and connection charges shall be refunded. Exhibit A - Rate/Fee Schedule shows sewer permit/miscellaneous fees. These fees are reviewed annually with the Board of County Commissioners and may increase thereafter 2023, therefore, current year fees apply at time of application. a. For single-family residential structures built after December 31, 2011, the building sewer permit fee shall be one hundred fifty dollars. b. For multifamily or commercial structures built after December 31, 2011, the building sewer permit fee shall be seventy-five dollars per hour of staff time plus the out-of-pocket costs incurred by the department in reviewing, inspecting, and meeting about the permit application. The minimum fee is one hundred fifty dollars, which must Commercial Type Unit R.E./Unit (A) Restaurant, Lounge, Tavern (with full service indoor seating) 6 seats 1.00 (B) Fast Food or Tavern 12 seats 1.00 (C) Convalescent/Rest Homes Bed 0.6 (D) Churches, Lodges, Club Houses, Theaters 100 seats 1.00 (E) Laundromat and Other (1)* be paid at the time of application. After the actual amount of the fee is determined, the additional charge must be paid before the permit is issued. I. Monthly Sewer Charge. Monthly user sewer charges are set forth in “Exhibit A” and shall increase each year thereafter by the April Consumer Price Index (CPI-U) for Goods and Services for the Seattle, Tacoma, Bellevue area; unless the CPI-U is unusually high or low, then Commissioners may elect to make a one-year percentage adjustment. Current year rate/fee schedules should be referred to for up-to-date charges. Rate/Fee Schedule and adjustment mechanisms shall be present annually by the Public Works Department to the Commissioners.The county shall charge all parcels connected to the public sewer facilities the following monthly sewer charge: Ninety-six dollars per ERU. The county shall bill the monthly sewer charge in the manner set forth in Section 13.31.090, billing. NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON, WA 98584 (360) 427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2023 Utility System Rate Increases for North Bay, Rustlewood, Beards Cove and Belfair Per Mason County resolutions # 2022-_____, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, North Bay/Case Inlet and Belfair utility systems increase annual by the April Consumer Price Index (CPI-U) for Goods and Services for the Seattle-Tacoma-Bellevue area; unless Commissioners elect to make a one-year percentage adjustment. Commissioners have elected to adjust the 9.1% CPI-U increase to 5% for the 2023 calendar year. This increase applies to monthly service rates to cover the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Rustlewood, Beards Cove, North Bay/Case Inlet and Belfair utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS ___________________ ______________________ ______________________ Kevin Shutty, Sharon Trask, Randy Neatherlin, Chair Vice Chair Commissioner Utility Per ERU GP on Empty lot Duplex/unit Connection Fee Re-Connect Fee Grinder Fee Permit Fee Inspect Fee Re-inspect Fee Shop Rate/hr RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCI Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 Plan Review Comm or subdiv Monthly Rate 2023 Miscellaneous Fees