HomeMy WebLinkAbout94-04 - Res. Deleting Personnel and Personnel Related Provisions of the Mason County Code RESOLUTION NO . 94 - 04
TO DELETE CERTAIN PERSONNEL AND PERSONNEL RELATED
PROVISIONS OF THE MASON COUNTY CODE
WHEREAS , RCW 36 . 32 . 120 ( 6 ) states that the Board of County
Commissioners have responsibility for the care of county property and the
management of county funds and business ;
WHEREAS , the Board of County Commissioners believes that uniform
personnel policies in a single document are beneficial to county managers and
employees ;
WHEREAS , the Board of County Commissioners has adopted the Mason
County Personnel Policies in a single document ;
WHEREAS , the Board has determined that certain personnel and
personnel related provisions in the Mason County Code should be deleted to
avoid conflict with Mason County Personnel Policies or because they are no
longer necessary :
NOW , THEREFORE BE IT RESOLVED that the Board of County
Commissioners does hereby delete those provisions of the Mason County Code
as specified in (Attachment A ) effective October 26 , 2004 .
Dated this 26th day of October, 2004
BOARD OF COUNTY COMMISSIONERS
ATTEST :
Wesley EY. Johdson , Chairperson
Rebecca S . Rogers
Clerk of the Board
Herb Baze , Commissioner
pp vved ps to Form :
Jay " L . amin , Com nisdioner
Michael Clift
Chief Deputy Prosecutor
2 . 20 . 010 Designated.
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Cater 2 . 20 EXPENSES OF COUNTY OFFICIALS AND EMPLOYEES
. 0 . 010 Designated .
The commissioners ' requirements are hereafter set out in the order that the various items are
recapped on the claim for expenses form :
( 1 ) Meals . Each meal purchased for each day of the month will be indicated separately and
receipts furnished whenever possible .
(2 ) Hotel or Motel Rooms . Hotel or motel rooms will be set out according to the paid receipt,
which shall be attached to the voucher.
(3 ) Other Transportation .
(A) When traveling on public transportation , receipt from validated ticket should be attached .
( B ) Gasoline , etc . , purchased for car not being used on mileage basis , attach receipts .
(4 ) Sundry Expenses .
(A) Registration Fees . Receipts for all registration fees shall be attached .
(B ) All business phone calls , or telegrams , shall be charged to home office or residence phone
and regular bill attached to voucher to reveal the amount .
NOTE :
( 1 ) Expense vouchers should not include expense items for any one other than the authorized
person , and where expenses are shared with other persons , all items should be carefully
segregated on the expense form furnished by the county auditor .
(2 ) Any item not properly supported will be deleted from the voucher.
(3 ) At no time may a county credit card nor county
gas supply be used in a private vehicle . ( Res . 4 -99 , 1999 ; Res . 130-95 , 1995 ; Res . 18 -93 , 1993 ;
Res . 79-90 , 1990 ; Res . 13 -81 , 1981 ; Res . 1052 , 1979 ; Res . 759 , 1977 ; Res , 403 , 1974 ; Res .
dated 8/22/66 ; Res . adopted 9/ 16/63 ) ,
11
http ://www . co . mason.wa. us/code/` conunissioiiers/ DATA/TITLE02/Chapter_2_20 EXP . . . 10/21 /2004
2 . 20 . 020 To pay actual value of � mbursable expenses .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chaoter 2 . 20 EXPENSES OF COUNTY OFFICIALS AND EMPLOYEES
. 20 . 020 To pay actual value of reimbursable expenses .
The policy is established by the board of county commissioners to pay actual value of
reimbursable expenses incurred by the county officials and county employees which are
submitted to them on an expense voucher, with the necessary receipts showing the expenditures
attached thereto . ( Res . 459 , 1974 ) ,
http : //wwwacoomason wa. us/code/commissioners/ IDATAITITL;E02/Chapter_2_20 EXP .. . - 10/21 /2004
2 . 26 . 010 Work period establish( I ATTACHMENT A
Title 2 ADMINIS T RA i ION AND PERSONNEL,
Chapter 2 . 25 VVORKWEEK
2 . 26 . 010 Work period established .
The Fair Labor Standards Act, as amended in 1974 , requires that the work period and overtime
provisions be established for all county employees . The work period for all county employees ,
except employees engaged in law enforcement , public safety and /or security personnel in
correctional institutions , will be from eight a . m . Monday to seven fifty-nine a . m . the following
Monday . ( Res . 508 ( part) , 1975 ) .
http; //www. co . mason . wa . us/code/commissioners/ DATA/TITLE02/Chapter_2_26 WOR. . . ` '10/21 /2004
2 . 26 . 020 Overtime .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 26 WORK WEEK
2 . 26 . 020 Overtime .
Hours worked over forty hours per week shall be paid at the rate of time and one-half the hourly
rate except that upon the mutual agreement of the employee and the employer such hours may
be compensated by compensatory time off. One and one- half hours of compensatory time will be
earned for each hour of overtime worked . ( Res . 31 -98 (Att . A) ( part) , 1998 : Res . 508 ( part) , 1975 ) .
ttp : //www . co .mason.wa. us/code/commissioners/. DATA/TITLE02/Chapter_2_26 WORa . : 10/21 /2004
2 . 26 . 040 Exemptions .
ATTACHMENT A
Title 2 ADIVIINIST A T ION AND PERSONNEL
2 . 6 . 040 Exemptions .
Certain employees are considered exempt as administrative , executive , or professional as
defined in 29 CFR 541 . ( Res . 508 (part) , 1975 ) .
http : //wwwaco.mason .wa. us/code/commissioners/ DATA. /TITLE02/Chapter_2_26 WOR. : 10/21 /2004 :
2 . 26 . 050 Compliance .
ATTACHMENT A
Title 2 ADWNI TRATION AND PERSONNEL
Chapter 2 , 23WORK WEEK
. 26 . 050 Compliance .
This chapter is necessary to comply with Section 7 (a ) of the 1974 amendment to the Fair Labor
Standards Act . ( Res . 31 -98 (Att . A) ( part) , 1998 : Res . 508 (part) , 1975 ) .
http://www . co .mason .wa.us/code/commissioners/ DATA/TITLE02/Chapter_2_26, WORE . . 10/21 /2004
2 . 26 . 060 Adoption .
ATTACHMENT A
Title 2 ADMINISTRATION ,AND PERSONNEL
Chapter 2 . 26 WORK WEEK
2 . 26 . 060 Adoption .
The board of commissioners adopts the work periods set forth in this chapter for county
employees . ( Res . 508 ( part) , 1975 ) .
. http : //www . co .mason .wa. us/code/commissioners/ DATA/TITLE02/Chapter 2 26 WOR r.. . . ,10/21 /2004
2 . 28 . 010 Application, effective of provisions .
ATTACHMENT A
Title 2 A I INI TRA FION AND PERSONNEL
Chapter 2 . 23 VACATION AND SICK LEAVE
2 . 28 . 010 Application , effective date of provisions .
The conditions and terms of employment relating to accrued leave and sick leave as established
in this chapter shall take effect from and after the first day of January , 1983 , and insofar as they
may differ from prior existing conditions and terms , shall supersede and prevail over any and all
such prior terms ; provided that no county employee shall be deprived of any benefit or right
earned or acquired during the preceding calendar year . ( Res . 3M3 § 1 , 1983 : Res . 619 § 1 ,
1976 ) .
http : //w.ww:oo,mason.wa. us/codelcommissioners/ DATA/- TITLE02/Chapter_2_28 VAC : . : 10/21 /2004
2 . 28 . 020 Vacation- -Accrual .
ATTACHMENT A
Title 2 ADMli' is,r ATION AND PERSONNEL
Chapter 2 . 28 VACATION I AND SICK LEAVE
2 . . 020 Vacation --Accrual .
After six months of regular full -time employment ( being a minimum of twelve working days in any
given month ) any nonunion employee shall receive the following vacations with pay :
( 1 ) One day for each full month of employment in the calendar year in which he ( she) is first
employed and there-after, one working day's vacation shall be accumulated for each full month ' s
employment in each successive calendar year for the first three years of full -time employment .
Thereafter vacation days will accrue as follows :
Employment Vacation
Four years of employment 15 days vacation
Eight years of employment 18 days vacation
Ten years of employment 20 days vacation
Twelve years of employment 22 days vacation
Seventeen years of employment = F24 days vacation
(2 ) For employees hired on a regular full -time basis , but who work less than a full eight-hour day ,
or less than a full five-day week, vacation shall be prorated in accordance with the number of
hours (or days ) worked .
(3 ) Vacation leave shall accrue and accumulate , except that such accumulation may not exceed
fifty days . When a holiday occurs during an employee' s vacation , he ( she) shall receive an
additional day vacation in lieu of the holiday ; provided , that upon severance of employment, no
employee may receive as vacation pay more than fifty days ' unused vacation leave . ( Res . 3M3
§ 2 , 1983 : Res . 914 , 1978 ; Res . 619 § 2 ( 1 ) , 1976 ) .
http .//wvvw . co : mason . vaa. us/CodeLcommissioners/_BATH/TITIE02/Chapter_2_28 VAC. . . 10/21 /2004
2 . 28 . 030 Vacation--Holidays de *iated .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL_
Chapter 2 , 23 VACATION AND SICK LEAVE
2 . 28 . 030 Vacation -- Holidays designated .
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
Independence Day 11 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 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 .
Floating holidays must be used by the end of the calendar year or they will be forfeited .
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 will be paid at their regular straight-time rate for hours worked on a holiday .
( Res . 06 -02 Attach . A, 2002 : Res . 10-93 , 1993 ; Res . &92 , 1992 ; Res . 10 -88 , 1988 ; Res . 33-83 §
3 , 1983 : Res . 619 § 2 (2) , 1976 ) .
. , : http : //www co mason.wa. us/code/commissioners/ : DATA/TITLE02/Chapter_2_28 ` VAC . e -10/21 /2004
2 . 28 . 040 Vacation- - Change in j � ' •lassification .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 28 VACATION AND SICK LEAVE
2 . 28 . 040 Vacation --Change in job classification .
When an employee of the county continues employment, but in a changed classification , no
compensation for accrued annual leave earned during his employment in the first classification
will be paid in addition to the salary he received under his new classification . The number of days
earned may be carried over and added to the number of days the individual will accumulate in his
new classification .
Nothing in this section shall be construed to prevent the granting of time off as compensating for
extra service or additional overtime work . ( Res . 3M3 § 4 , 1983 : Res . 619 § 5 , 1976 ) w
http : //www eo . mason.wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_28 VAC . : : 10/21 /2004 ,
ATTACHMENT A
2 , 28 , 050 Leave without pay * "
Title Alillil i I ;tiCli;t11 I ' I I ; l�ll t
Cl�a ter 2 . 3 �t1 TIC�I AINIJ SICK LEAVE �.
.28 .050 Leave without pays
lowed , for which equivalent leavever the amount accrhas not been ue shall d shall be
Any absence from duty al a The value of the exces a rolls affected . All
considered as leave witho s of the employee and clearly set forth anshn a month . Each county
pro according to the average working Y
deducted from the earning 'on thereon .
ept
deductions shall be p shall be required to maintain daily time
symbols as appearwill e on
official or department head using the
the information transmitted to the monthl1payrolls ,
(Res . 33-83 § 5 , 1983 : Res . 619 § 2(3) ,
: 10/21I2004
ers/ : I� A,TATITLE02IChapter 2-, VAC • • ° `
http : //www .coemason.wa.uslcodelcommission _
2 : 28 . 060 Sick and bereavement ' ✓e- -Accumulation , ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 28 VACATION AND SI �. K l_ENV
2 , 28 , 060 Sick and bereavement leave --Accumulation .
rec
ive sick
eave
th pay as follows :
(a ) The employees of the county shall be entitled to anfull month of employment in d the ecalendar lyear in whichhe (she) is
one day sick leave for each roll on or before the fifteenth day
first employed ; provided that the employee is placed on the pay
of the month and actually works continuously throunth ' s employment gh n each successive alendarer of the month , ayear . Sick er ,
one day ' s sick leave for each full
a one
leave that is not used shall
accumulate ,
c n
mia e , except w t that such
accumu to present a ce t sate from aregular
hundred fifty days . The Ys extend practicing physician or other bona
fodr any unfu' sedr when sick sck leave , ua enp ac�dumulated future e or three
days . Payment shall not be me
otherwise , except as set out in subsections 2 .28 . 070 (a) and (b) .
e to work due
(b) Sick leave may be used to cover those situations in whic norl mental d saoyee is bility , including
to : ( 1 ) the employee ' s own health condition (illness , injury , physical rmentalchildren under the
disability due to child birth) ; (2) the need to care for the employdependent
age of eighteen, who aded that the employee must make a) medical or l eapso'ntments for the nable effort to schedluleesuoch
dependent child , pro the need to care
appointments at times which have the least interference with the work day ; (4) the
for a spouse , parent or child of tah n five who is of sickll or leave1ured may bedtaken for any occu requires the rence;f (5 )
employee , except that no more Y
dize
exposure to a contagious disease where on deug job presencehich mpa�s job perfoomeance oasafetyr (7 )
the health of others ; (6 ) use of prescription
additional leave beyond bereavement leave for a death in the immediate family may be
authorized by the board .
(c) The county provides regular full -time and part-time employees with paid bereavement leave
for up to three days in the event of the death of an immediate
fas spouse ,me , parent immediateaa mly
for purposes of bereavement leave includes only the employ
child , grandchild , sister or brother . (Res . 125-97 (Att . A) , 1997 ) a
http ://W..ww . co mason .wa-us/code/commissioners/_DATAJTITLE02/Chapter_2_28_�IAC; 10/21 /2004
2 . 28 . 070 Sick leave--Payment fr nused days .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Cha tea 2 . 28 VACATION U SICK LEAVE
. 28 . 070 Sick leave -- Payment for unused days .
Payment shall be made for unused sick leave only in the following instances :
(a ) Upon retirement , the employee shall receive pay for all accumulated unused sick leave ;
provided :
( 1 ) An employee must have a minimum of fifteen years of continuous service ; or
(2 ) An employee must meet all the requirements to be eligible for retirement under the State
Employees ' Retirement System .
(b ) Upon the death of an employee currently in the county's employ , his beneficiary shall receive
pay for all accumulated unused sick leave .
(c) When sickness occurs and no sick leave is accumulated , the employee may choose to :
( 1 ) Use vacation credits accrued to his ( her) credit in absence of sick leave ; or
(2 ) Take leave without pay . ( Res . 3M3 § 7 , 1983 : Res . 847 , 1977 ; Res . 619 § 3 (part) , 1976 ) ,
http : //www. co .masoln wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_28 VAC . : . 10/21 /2004
2 . 28 . 080 Recordkeeping duties .
ATTACHMENT A
Title 2 ADMINISTRATION AND PE'RSOIw N L
Chapter 2 . 28 VACATION AND SICKI .EKVE
2 . 28 . 080 Recordkee ing duties .
Upon certification of the monthly payroll , each elective official shall indicate thereon with the letter
"V" for such days as each employee has been on vacation during the particular month and
likewise indicate with the letter "S" for sick leave , and with the letter "O " for absence without pay ,
and the letter " C" for extra service or compensating time . ( Res . 3M3 § 8 , 1983 : Res . 619 § 41
1976 ) .
littp : //www . co .mason.wa. us/code .commissioners/ DATA/TITLE02/Chapter_2_28 VAC . . . 10/21 /2004
ATTACHMENT A
2 .29 .010 probationary period.
l, a ,, _
� NCE PAY
tp-e=
2 .29 .d1d Probationary period
probationary period of six months from dateand further ,
of the county shall serve a P eriod is p
rescribed by state statute ,
Every employeeprobationary p probationary period shall receive
off unless a different p period , the emp►ogee is subject to
rehire after lay robationary p art 1983) 4
o erson terminated ether within
orsuch voluntarily within 984 : Res . 23B-83 (p ) '
n p a and further , (PErt 1
severance pay ; Res . 63-84 )
termination with or without cause .
TAITIIII E021Chapter_2 29 _SE�I .. . 10/211200`
: llwW' • co .niasOntwavus/ code/comrnissioT ers/
h _, A
ttp ,
2 , 29 . 020 Employee eligible whF ATTACHMENT
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , 29 SEVERANCE PAS`
2 , 29 . 020 Employee eligible when .
Each county employee who is terminated involuntarily after successful completion of such
probation shall be paid two weeks ' severance pay at the employee' s then wage or salary rate
provided that no severance pay shall be paid to any employee involuntarily separated for
disciplinary reasons such as , but not limited to , dishonesty , insubordination , or actual or
threatened violence against another county employee or official ; and further provided that no
severance pay shall be paid to an employee involuntarily separated who has been given at least
two weeks ' notice of termination in writing . (Res . 63 .84 (part) , 1984 : Res . 23M3 (part) , 1983) .
http : //www . co,.mason.wasus/code/commissioners/_DATA/'TITLE02/Chapter_2_29_SEV . : G 10/21 /2004
2 . 29 . 030 Voluntary termination .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 29 SEVERANCE PAS
2 . 2 . 30 Voluntary termination .
An employee who voluntarily terminates his employment with the county by resignation , change
of residency to another county , or any other action , shall not be paid severance pay in any
amount . ( Res . 6M4 (part) , 1984 : Res . 23M3 (part) , 1983 ) .
http : //www . co .mason .wa.us/code/commissioners/ . DATA/TITLE02/Chapter-_2_29 SEV . . . ` 10/21 /2004
2 . 31 . 010 Sharing of sick leave- - C qty .policy:
ATTACHMENT A
Title 2 ADMINISTRATION ND PERSONNEL
Chapter 2 . 31 SICK LEAVE HARING POLICY
. 31 . 010 Sharing of sick leave --County policy .
It shall be the policy of the board of county commissioners to allow employees to transfer sick
leave to other employees , provided :
( 1 ) The recipient employee suffers from , or has a dependent relative or household member
suffering from , an illness , impairment , or physical or mental condition which is of an extraordinary
or severe nature and which has caused , or is likely to cause , the employee to go on leave without
pay status , or terminate county employment ;
(2 ) The recipient employee 's absence and the use of shared leave are justified ;
(3 ) The recipient employee has depleted or will shortly deplete his or her annual and sick leave
reserves ;
(4 ) The recipient employee has abided by county rules regarding sick leave use . ( Res . 91 -91 ,
1991 ) .
http : //www :co.mason.wa.us/code/commissioners/ DATA/TITLE02/Chapter_2_31 SICK-. 10/21 /2004
2 . 31 . 020 Transfer of leave in ad - � ce--Amount of leave . ATTACHMENT A
Title 2 ADMINIST A i ION AND PERSONNEL
Chapter 2 . 31 SICK LEAVE SHARING POLICY
2 . 31 . 020 Transfer of leave in adlvance--Amount of leave .
The board authorizes the transfer of leave in advance . The board shall establish the amount of
leave which an employee is eligible to receive , provided no employee shall receive more than
two -hundred sixty days . ( Res . 91 -91 , 1991 ) .
http : //www. col. mason,wa.us/code/commissioners/ DATA/TITLE02/Chapter_2_31 SICK . . . 10/21 /20041
2 . 31 .030 Employee transferring l must have accrued thirty days of lea
ATTACHMENT A
Title ? ADMINISTRATION AND PERSONNEL
Chapter 2 , 31 SICK LEAVE SHARING POLICY
2 . 31 . 030 Employee transferring leave must have accrued thirty days of leave .
An employee who has an accrued sick leave balance of more than thirty days may request that
the county transfer a specified amount of sick leave to another employee authorized to receive
leave under Section 2 . 31 . 010 of this chapter. In no event may the employee request a transfer of
an amount of leave that would result in his or her sick leave account going below thirty days .
( Res . 91 -91 , 1991 ) .
http : //www . co . mason. wasu�S/QodeJcommissioners/" DATA/TITLE02/Chapter_2_31 SICK: : . 10/21 /2004
2.31 . 040 Inter- departmental trar --Permitted .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter ) . 31 SICK LEAVE SHARING POLICY
. 31 . 040 Inter-departmentall transfer--Permitted .
Leave transferred under this section may be transferred from employees of one department of
the same department , or to an employee of another department . ( Res . 91 -911 1991 ) .
http; //www .co .mason . wa. us/code/commissioners/.. DATA/TITLE02/Chapter_2_31 SICK. :: 10/21 /2004
2 . 31 . 050 Classification of emplo° on leave ,
ATTACHMENT A
Titl4 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 31 SICK LEAVE SHARING POLICY
. 31 . 50 Classification of employee on leave .
While an employee is on leave transferred under this section , he or she shall continue to be
classified as a county employee and shall receive the same treatment in respect to salary ,
wages , and employee benefits as the employee would normally receive if using accrued annual
leave or sick leave . All salary and wage payments made to employees while on leave transferred
under this section shall be made by the department employing the person receiving the leave .
Leave shall be transferred on an hour for hour basis . ( Res . 91 -91 , 1991 ) h
http : //www . co .m son.wa. us/code/cominissioners/ DATA/TITLE02/Chapter_2 , 31 SICK; : . 10/21 /2004"
2 . 47 . 010 In general.
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 47 COMPLIANCE WITH STATE AND FEDERAL FAMILY LEKVE LAW
2 . 47 . 010 In general .
The terms and conditions set out in this chapter shall be in effect for all employees for the
implementation of the state and federal family leave laws . ( Res . 21 -95 ( part) , 1995 ) .
2_47 C®
http : //www . co . mason.wa. us/code/corm .issiol ers/ ., DATA/TITLE02/Chapter_ . . . 10/21 /2004
2 . 47 . 020 Year.
ATTACHMENT A
Tide 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , 47 COMPLIANCE WITH STATE AND FEDERAL FAMILY LEAVE LAW
. 47 . 020 Year.
The calendar year shall be designated as "the year . " ( Res . 21 -95 § 1 , 1995 ) .
ittp ://www . co . mason . watus/code/commissioners/_DATA/TITLE02/Chapter_2_47 COM-,., . 10/21 /2004 -
2 . 47 . 030 Use of leave .
ATTACHMENT A
Title 2 ADM 1L1 i T R TION AND PERSONNEL
Chapter 2 , 47 COMPLIANCE E WITH STATIC AND FEDERAL FAMILY LEAVE L IN
2 . 47 . 030 Use of leave .
An employee will have available the use of sick leave if appropriate . After sick leave is
exhausted , or not appropriate , an employee can choose to use either annual leave or can go on
leave without pay . ( Res . 21 -95 § 21 1995 ) .
http : //www . co .mason . wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_47 C ®1VI . . . 10/21 /2004 .
2 . 47 . 040 Accrual of leave/senior .`xr .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , r COMPLIANCE CE WITH STATE AND FEI ERAL FAMILY Lt=AA LAW
2 . 47 . 00 Accrual of leavelseniority .
An employee will accrue sick leave and annual leave if he/she is on leave with pay . If the
employee is on leave without pay, he/she does not accrue any sick leave or annual leave . An
employee would have to work/be on leave with pay status , for at least twelve days during the
month to accrue any leave . ( Res . 21 -95 § 31 1995 ) .
http : //www . co . mason .wavus/code/commissioners/ DATA/TITLE02/Chapter_2_47 COM60v 10/21 /2004
2 . 47 . 050 Notice .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chanter 2 . 47 COMPLIANCE WITH S TA T AND FEDERAL FAMILY LENVE LAkIV
2 . 47 . 050 Notice .
The employee will give thirty days ' notice if the need for the leave is foreseeable . ( Res . 21 -95 § 47
1995 ) .
httD : //www . co .mason.wa.us/code/commissioners/ , DATA/TITLE02/Chapter_2_47 COMa . . 10/21 /2004
2 . 47 . 060 Doctor ' s certificate .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 47 COMPLIANCE WITH STATE AND FEDERAL FAMILY LEAVE LAWS
. 7 . 060 Doctor's certificate .
(a ) The county may request a doctor's certificate . The doctor will not be required to list the
diagnosis . The doctor will certify that the need for the leave meets the criteria of the laws .
(b ) The county and/or employee 's insurance will pay for the visit to the doctor for the certificate . If
either party wishes a second opinion , they will pay the cost of the doctor . If two conflicting
opinions are received and a third doctor is needed , the union and the county will agree on the
third doctor, and the county and the employee will split the cost .
(c) If two conflicting opinions are received and the employee is nonunion , the nonunion employee
and the county will agree on the third doctor and the county and the employee will split the cost .
(Res . 21 -95 § 5 , 1995 ) .
ttp ; //wvvw . co . ason.wa.us/code/commissioners/ DATA/TITI E02/Chapter_2_47 COIVL . . 10/21/2004 .
2 . 47 . 070 Medical/dental benefit
ATTACHMENT A
Title 2 ADMINISTRATION AND t' FRSONNEL
Chaoter 2 . 47 COMPLIANCE: WITH STATE AND FEDERAL FAMILY LEAVE LAW
2 . 47 . 070 Medicalidental benefits .
The county will continue paying the allowed amount for medical/dental/vision/life insurance while
the employee is on family leave ; this is the allowable for employee and dependent coverage . The
employee will make arrangements with payroll to pay his/her portion , and will submit these
payments as necessary to meet the insurance coverage deadlines . ( Res . 21 -95 § 6 , 1995 ) .
ttp : //www . co .mason .wanus/code/commissioners/ DATA/TITLE02/Chapter_2_47 COIL . : 10/21 /2004
2 . 47 . 080 Significant others .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 47 COMPLIANCE WITH STATE AND FEDERAL FAMILY LENVE L:NAI a
. 47 . 080 Significant ethers .
Significant others are not covered by the law . ( Res . 21 -95 § 7 , 1995 ) .
http : //www . co . mason.wa. us/code/commissioners/ :,DATA/TITLE02/Chapter_2_47 COM 10/21 /2004
2 . 52 . 165 Application.
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter2 . 52 ROAD DEPARTMENT POLICY
. 2 . 165 Application .
If any portion of Sections 2 . 52 . 170 through 2 . 52 . 315 are in conflict with county ordinances , state
or federal statute , or the union agreement , the statute , ordinance or union agreement will take
precedence . ( Ord . 617 ( part) , 1976 : § 2 ( 17 ) of Res . dated March 24 , 1969 ) *
http : //www . co . ason. wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_52 OA . . . 10/21 /2004
2 . 52 . 170 Generally. ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY *
2 . 62 . 170 Generally .
The number, classification and rates of pay of all employees will be determined by the board
upon recommendation of the engineer and shall be adjusted to meet the needs of the department
and as required to operate within the budget . The engineer shall have complete direction of all
personnel in the road department in accordance with the established policies and general
directives of the board . All personnel will be recruited , appointed , promoted , demoted or
discharged by the engineer; supervisory positions will be handled only in consultation with the
board . (See Section 2 . 52 . 310 , right of appeal to the board . ) ( Res . ( part) dated December 14 ,
1970 : § 2 (I ) of Res . dated March 24 , 1969 ) 4
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2 . 52 . 180 Recruitment . ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY`
2 . 52 . 180 Recruitment.
(a ) New employees will be selected from bona fide applications received in response to an
advertisement with the intent to fill a position (s ) . No casual applications will be accepted .
(b ) There shall be no "seniority" with regard to date of application .
(c) Mason County residents will be given first opportunity in recruitment . ( Res . 15 -85 , 1985 ; Res .
(part) dated December 14 , 1970 : § 2 (2 ) of Res . dated March 24 , 1969 ) .
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2 . 52 . 190 Appointment .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POCKY*
2 . 62 . 190 Appointment.
(a ) Criteria for appointment shall be ability and fitness for the position to be filled .
( b ) Race , creed , organization membership (or nonmembership ) or political party affiliation shall
not be a basis for hiring or not hiring any individual .
(c) Appointment will be made of those individuals considered best to serve the interests of Mason
County ; the need of the individual will not be prime factor in selection for appointment .
(d ) Ordinarily , persons engaged in regular work of a seasonal nature will not be considered for
summer or other part-time work , except as may be required during emergencies . Upperclass high
school students and college students may be hired for summer work when and as specifically
authorized by the board .
(e ) Ordinarily , persons who are close relatives of county employees will not be appointed .
(f) Appointees shall be designated "permanent" or "temporary . " Permanent employees shall be
granted all fringe benefits upon appointment , but shall serve a probationary period of six months
during which time employment may be terminated by either party without prejudice . Temporary
employees will be granted no fringe benefits except those required by law, and will not be
members of the State Employees ' Retirement System . ( Res . ( part) dated December 14 , 1970 : §
2 (3 ) of Res . dated March 24 , 1969 ) .
http : //www . co .mason,wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_52 ROAM . ; 10/21 /2004
2 . 52 . 200 Discharge .
ATTACHMENT A
Title 2 ADMINISTRATION TRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY`"
. 52 . 200 Discharge .
(a ) Only the engineer shall have authority to discharge an employee . However, it is the
responsibility of any supervisor to recommend such action if he considers such action warranted .
(b ) An employee may be dismissed on the basis of poor work performance or conduct prejudicial
to the best interests of the county . Examples of grounds for automatic dismissal are as follows :
( 1 ) Refusal to obey orders ;
(2 ) Refusal to cooperate with fellow workers ;
(3 ) Theft ;
(4 ) Drunkenness , on the job , in public or when a call to work may reasonably be expected ;
(5 ) Erratic or unexcused absenteeism ;
(6 ) Malingering (misuse of "sick leave" ) ;
(7 ) Carelessness ; endangering safety of self and other employees and the public , and
endangering property . ( Res . (part) dated December 14 , 1970 : § 2 (4) of Res . dated March 24 ,
1969 ) .
http : //www. co .mason.wa .us/code/commissioners/ - DATA/TITLE02/Chapter_2_52 R0A :. . 10/21 /2004
2 . 52 . 210 Promotion .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL.,
Chapter 2 . 52 ROAD DEPARTMENT POLIO`*
2 . 52 . 210 Promotion .
When qualified personnel are available within the department, supervisory positions or those
requiring special skills will be filled by promotion . Promotion involves the usual six- month
probationary period as for initial employment . No one will be required to take a cut in pay by
reason of promotion . ( Res . (part) dated December 14 , 1970 : § 2 (5 ) of Res . dated March 24 ,
1969 ) a
http : //ww,w . co . ason. wa. us/code/commissioners/ _DATA/TITLE02/Chapter_2_52 ROA. . . 1. 0/21 /2004
2 . 52 . 220 Work-day--Work-wee' ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY*
2 . 52 . 220 Work—day--Work-week.
Normal hours of work for all employees shall be forty hours per week, eight hours per day
Monday through Friday inclusive .
( 1 ) Overtime for hourly- rated employees will be paid as set forth in detail in the union agreement .
No compensatory time will be allowed in lieu of overtime pay except as may be specifically
approved by the board .
(2 ) Overtime for monthly-salaried employees shall not result in additional compensation except
upon specific authorization by the board . Excess time worked because of emergencies , necessity
to coordinate with contractor schedules and other valid and authorized or directed reasons will
entitle the employee to take compensatory time off. All compensatory time shall be fully
documented as it is earned by indication as earned on the employee 's time sheet . Any
accumulation in excess of ten working days shall be examined by the engineer and the employee
may be required to take time off or a recommendation may be made to the board to pay overtime
at time-and-one-half. Compensatory time shall when possible be used in year earned , and shall
be mutually agreed upon between the employee and the engineer.
(3 ) Time for all employees shall include all travel from their respective assigned reporting stations
to their work and return to such assigned stations .
(4 ) Time clocks shall be used as prescribed in this subdivision by all hourly employees of the
county road department :
(A) Each employee shall punch his time card upon arrival at his respective reporting station and
again upon leaving the job at the end of the workday .
(B ) No employee shall punch in or out for a fellow employee .
(C ) If for any reason an employee does report for or leave from work at a different location than
normal , the road superintendent will write in the starting and/or quitting time and will submit to the
county engineer a written reason for the deviation from the normal . This function will be
performed by the road supervisor at Belfair and Matlock and the superintendent will approve the
reason .
(D ) Any employee apprehended punching a time card other than his own will be subject to the
following disciplinary actions :
�—Offense Disciplinary Measure
1 st offense 1 day suspension without pay
2nd offense 3 days suspension without pay
3rd offense Dismissal with cause .
( Res . 617 (part) , 1976 ; Res . (part) dated February 22 , 1972 ; Res . (part) dated December 14 ,
1970 : § 2 (6 ) of Res . dated March 24 , 1969 ) .
_ http : //www . co .masQn.wa.us/code/commissioners/ DATA/TITLE02/Chapter_2_52_ROA . . . 10/21 /2004
2 . 52 . 230 Vacation .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY*
2 . 52 . 230 Vacation ,
Vacation time is earned by all employees at the rate of one working day per month subject to the
following restrictions and bonuses :
( 1 ) No vacation time may be taken during the first six months of employment .
(2 ) Vacation time shall be taken at the convenience of the county and must be approved by the
engineer upon application in advance . ( Every reasonable effort will be made to suit the
employee' s convenience ) .
(3 ) Additional vacation time will be granted all employees with four or more years of service as
follows :
(A) Four years , one additional day per year;
(B ) Eight years , three additional days per year;
(C ) Ten years , four additional days per year;
( D ) Thirteen years , six additional days per year;
( E ) Fifteen years , eight additional days per year .
(4 ) A liberal vacation policy may be proclaimed by the board or approved by the board upon
request of one or more employees when a holiday falls on a Tuesday or a Thursday . In no case
will such isolated working days be treated as an additional holiday and may not be taken as
vacation without specific approval .
(5 ) No more than forty-five working days annual leave may be accumulated by an employee .
Cash payment as a bonus for accrued annual leave that is not actually taken will not be allowed ;
however, when an employee is furloughed or separated from service without prejudice , he may
be continued on the payroll for the time equivalent to the amount of annual leave accrued and not
previously taken . When the employee is discharged for cause , he shall be paid in full for all
accrued annual leave . ( Res . 617 (part) , 1976 ; Res . (part) dated February 22 , 1972 ; Res . (part)
dated December 14 , 1970 : § 2 ( 7 ) of Res . dated March 24 , 1969 ) .
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2 . 52 . 240 Sick leave .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEI
Chapter 2 . 52 ROAD DEPARTMENT ITT POLICY
2 . 62 . 240 Sick leave .
(a ) Sick leave with pay will accrue to all regular employees at the rate of one working day per
month . Ninety-six hours of employment during a calendar month will qualify for one month of
employment for sick leave purposes .
(b ) Sick leave may be accumulated to a total of one hundred twenty working days .
(c) Sick leave not to exceed three days may be used due to the confinement of a member of the
employee' s immediate family or in the case of the death of a member of the employee 's
immediate family : father, mother, father- in -law or mother- in -law , brother, sister, brother-in -law or
sister-in -law . If extended travel is required , special allowance may be made at the discretion of
the county .
(d ) To collect more than three days sick leave at any one time or more than ten days in any one
year, the employee may be required to furnish a doctor' s certificate upon his return for retention
on file in the employee 's personnel file .
(e ) Misuse of sick leave time credit will be automatic grounds for dismissal .
(f) Sick leave without pay may be granted by the board in cases of extended illness for which
insufficient sick leave credit has been earned .
(g ) It is the responsibility of each office or supervisory employee to notify the engineer personally
at the beginning of any period claimed for sick leave . Other employees notify their immediate
supervisor .
(h ) Upon the death of an employee , his beneficiary shall receive pay for all accumulated , unused
sick leave . Upon retirement, the employee shall receive fifty percent of accumulated , unused sick
leave .
(i ) When no sick leave is accumulated , the employee may select to take either vacation or loss of
pay . ( Res . 617 (part) , 1976 ; Res . (part) dated February 22 , 1972 ; Res . (part) dated December 14 ,
1970 : § 2 (8 ) of Res . dated March 24 , 1969 ) 6
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2 . 52 . 250 Civil leave .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , 52 ROAD DEPARTMENT POLICY
2 . 52 . 20 Civil leave .
Any necessary leave may be allowed by the engineer to permit any employee to serve as a
member of a jury , or as a subpoenaed witness in a litigation or prosecution which does not result
from the employee 's own actions . The county will pay the difference between the court-awarded
pay and the employee 's regular pay for the leave so granted . ( Res . ( part) dated December 14 ,
1970 : § 2 (9 ) of Res . dated March 24 , 1969 ) .
http : //www. co .mason. wa .us/code/commissioners/ DATA/TITLE02/Chapter 2_52 R®A. : . 10/21 /2004
2 . 52 . 260 Military leave .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY*
2. 52 . 260 Military leave .
As required by RCW 38 .40 . 060 , leave not to exceed fifteen calendar days in any one year, over
and above the annual leave and sick leave to which an employee might otherwise be entitled , will
be allowed for active training duty to any employee who is a member of the Washington National
Guard , the Army , Navy, Air Force , Coast Guard or Marine Corps Reserve of the U . S .A. Any
authorized period in excess of fifteen calendar days shall be charged to leave without pay or
annual leave at the option of the employee . ( Res . (part) dated February 22 , 1972 : Res . (part)
dated December 14 , 1970 : § 2 ( 10 ) of Res . dated March 24 , 1969 ) .
http : //www . co . mason. wa. us/code/` cQmmissioners/ _DATA/TITLE02/Chapter_2_52 ; ROA . . . 10/21 /2004
2 . 52 . 270 Leave of absence with ' pay.
ATTACHMENT A
Title 2 ADMINISTRATION TRATION AND PER ON E '
Chapter 2 . 52 ROAD DEPARTMENT POLICY"
2 . 52 . 270 Leave of absence without pay .
(a ) Leave without pay may be granted by the engineer to the extent of five working days .
(b ) Extended leave without pay may be granted by the board for a period not to exceed one
hundred eighty calendar days .
(c) All leave without pay shall be at the convenience of the county .
(d ) No leave without pay will be granted to enable an employee to take advantage of seasonal
work or business opportunities .
(e ) No leave without pay will be granted until all vacation credit has been used , except for bona
fide sickness or pursuant to military orders . ( Res . (part) dated February 22 , 1972 ; Res . ( part)
dated December 14 , 1970 : § 2 ( 11 ) of Res . dated March 24 , 1969 ) .
http ://ww,w.co .mason.wa.us/code/commissioners/` DATA/TITLE02/Chapter_2_52 R®A . . : 10/21 /2004
2 . 52 . 280 Absence without duly `horized leave . ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL.
Chapter 2 . 52 ROAD DEPARTMENT POLICY*
2 . . 0 Absence without duly authorized leave .
(a ) Absence without duly authorized leave shall be treated as leave without pay and will
constitute grounds for disciplinary action .
(b ) Unauthorized absence for three consecutive days constitutes separation from county
services . ( Res . ( part) dated February 22 , 1972 ; Res . ( part) dated December 14 , 1970 : § 2 ( 12 ) of
Res . dated March 24 , 1969 ) .
http : //www . co .mason. wa.us/code/commissioners/ IJATA/TITLE02/Chapter 2_52 R®A. . . 10/21 /2004
2 . 52 . 290 Legal holidays .
ATTACHMENT A
Title 2 ADMINISTRA ? ION AND PERSONNEL
NEL
Chapter 2 , 92, ROAD DEPARTMENT POLICYre
. 52 . 20 Legal holidays .
The following legal holidays have been authorized for all department employees :
( 1 ) New Years Day January 1
(2 ) Lincoln ' s Birthday February 12
(3 ) Washington 's Birthday—� Third Monday in February
(4 ) Memorial Day Last Monday in May
(5 ) Independence Day July 4
(6 ) Labor Day7771
September-- First Monday
(7 ) Veterans Day November 11
(8 ) Thanksgiving Day November-- Fourth Thursday
(9 ) Day after Thanksgiving November-- Fourth Friday
( 10 ) Christmas Day December 25
( 11 ) Floating Anytime-- Prior approval of engineer
Any other day proclaimed a legal holiday by the Governor of the state of Washington . ( Res . 617
(part) , 1976 ; Res . ( part) dated December 14 , 1970 : § 2 ( 13 ) of Res . dated March 24 , 1969 ) .
http : //www . co . mason. wa* US/code/com-missioners/-DATA/TITLE02/Chapter.2_52 ROA . . . 10/21 /2004
2 . 52 . 295 Safety .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
C hapter 2 . 52 ROAD DEPARTMENT POLICY*
2 . 52 . 295 Safety .
(a ) Loss Prevention Policy . The loss prevention policy as adopted by the board on October 26 ,
1970 , (See Chapter 2 . 60 of this title ) will be adhered to by all personnel without deviation .
(b ) Safety Committee . The safety committee will be composed of:
( 1 ) Engineer or assistant engineer;
(2 ) Safety representative appointed by board of county commissioners ;
(3 ) Road superintendent;
(4 ) Equipment superintendent;
(5 ) Four supervisors and bridge foreman ;
(6 ) Three men elected by the union employees to serve for six months per term ;
(7 ) One representative from field survey ;
(8 ) Traffic patrolman . ( Res . ( part) dated February 22 , 1972 : Res . ( part) dated December 14 ,
1970 : § 2 ( 14 ) of Res . dated March 24 , 1969 ) .
. . .http : // ; .co .mason .wa. us/code/commissioners/ ,DATA/TITL,E02/Chapter_2_52 ROA . . . - 10/21 /2004
2 . 52 . 300 Political activity .
ATTACHMENT A
Title 2 ADIMINISTRATION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY
. . 30 Political activity .
(a ) All employees shall refrain from public activity in partisan politics and highly controversial
propositions which would cause embarrassment to the board or any individual commissioner or
which would be detrimental to the best interests of the county .
(b ) Actions which in general are permissible are voting , attending meetings , joining a political
party , running for nonpartisan office and making voluntary campaign contributions .
(c) Actions which in general are forfeited by the employee in consideration of his employment by
the county are essentially those prohibited by the Federal Hatch Act as interpreted by the various
courts . ( Res . (part) dated December 14 , 1970 : § 2 ( 15) of Res . dated March 24 , 1969 ) .
http : //www . co .ma.son.wa .us/code/commissioners/ ATA/TITLE02/Chapter_2_52 ROA406 10/21/2004
2 . 52 . 310 Right of appeal.
ATTACHMENT A
Title 2ADMINISTRATION AND PERSONNEL
Chaoter 2 , 52 ROAD DEPARTMENT POLICY'*
. 62 . 310 Right of appeal .
(a ) Any employee shall have the right to appeal to the board any disciplinary or discharge order
by the engineer.
(b ) Such appeal shall result in a formal hearing by the entire board and the decision of the board
shall be final . ( Res . ( part) dated December 14 , 1970 : § 2 ( 16 ) of Res . dated March 24 , 1969 ) .
http : //www . co .mason.wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_52 ROAGOO 10/21 /2004
2 .52 . 315 Occupational safety are- ' '-lealth regulations- -Penalty for noncomv rtnce .
ATTACHMENT A
Title 2 ADMINISTRATION TION AND PERSONNEL
Chapter 2 . 52 ROAD DEPARTMENT POLICY.
2. 52 . 315 Occupational safety and health regulations - penalty for noncompliance .
The following policy is adopted by Mason County :
( 1 ) The county engineer shall issue written rules for employees to follow . These rules shall
become effective immediately .
(2 ) The penalty for noncompliance shall be as follows :
(A) First offense--Written warning ,
(B ) Second offense--One day suspension ,
(C ) Third offense-- One week suspension ,
( D ) Fourth offense-- Dismissal . ( Res . 271 , 1972 ) .
http : //www. co . mason. wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_52 R0A . . . 10/21 /2004
2 . 56 . 010 County employees - Ju � 1r subpoenaed witnesses . '
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 56 JURY OR SUBPOENAED WITNESS COMPENSATION
. 56 . 010 County employees --Jury or subpoenaed witnesses .
Any county employee who is called to serve on the jury or subpoenaed as a witness in court shall
receive as salary , the difference between his regular salary and any compensation received from
the court, and immediately upon being discharged from the court, the employee shall (within a
reasonable time ) report back to his job . This shall go into effect upon corroboration by the
prosecuting attorney . ( Res . dated February 20 , 1967 ) ,
http : //www . co .-mason,awa. us/code/commissioners/ DATA/TIT.LE02/Chapter_2_56 JURD 10/21 /2004
2 . 108 . 010 Sexual harassment®" P ` ,ibited.
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter- 2 . 108 SEXUAL HARASSMENT POLICY
2 . 108 . 010 Sexual harassment=-Prohibited .
The county prohibits sexual harassment of its employees in any form . Employees must not
engage in such prohibited conduct and where such conduct is found to exist , discipline will result .
( Res . 78 -92 (part) , 1992 ) .
-http : //www . co . mason .wa. us/code/commissioners/ DAT.A/TITLE02/Chapter_2_ 108_SEX. . . 10/21 /2004
2. 108 . 020 Sexual harassment-- C fined.
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , 108 SEXUAL HARASSMENT POLICY
2 . 108 . 020 Sexual harassment--Outlined .
Unwelcome sexual advances , requests for sexual favors , or other verbal , physical , or visual
conduct of a sexual nature constitute sexual harassment when :
( 1 ) Submission to such conduct is made a condition of an individual ' s employment; or
(2 ) Submission or rejection of such conduct is used as a basis for making decisions affecting the
individual ; or
(3 ) Such conduct , intentionally or unintentionally , unreasonably interferes with an individual 's
work performance or creates an intimidating , hostile or offensive working environment . ( Res . 7&
92 ( part) , 1992 ) .
http . //www . co .mason.wa. us/code/commissioners/ : DATA/TITLE02/Chapter_2_ 108 SEX: . . 10/21 /2004
2 . 108 . 030 Reporting sexual hart vent .
ATTACHMENT A
Title 2 ADMIh4ISTRATION AND PERSONNEL
Chanter 2 . 108 SEXUAL. HARASSMENT POLICY
2 . 108 . 030 Reporting sexual harassment.
Any employee who is aware of any instances of sexual harassment should report the alleged act
immediately to his or her supervisor. If the employee is uncomfortable in discussing the matter
with the supervisor or if the supervisor is not available , the employee should report the alleged
act immediately to central services administration/personnel division . ( Res . 7M2 ( part) , 1992 ) .
http : //www . co.mason. wa. us/code%commissioners/ DATA/TITLE02/Chapter_2_108 SEX . .. 10/21 /2004
2 .108 . 040 Investigation of comp' ` its - - Corrective action . ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 108 SEXUAL HARASSMENT € OLICY
2 . 108 . 040 Investigation of complaints --Corrective action .
All complaints will be investigated immediately and , upon completion of the investigation , the
appropriate parties will be notified immediately of the findings . Any supervisor, agent , or other
employee who has been found to have sexually harassed another employee will be subjected to
appropriate corrective action , ranging from a disciplinary warning to termination . No employee will
suffer retaliation for reporting instances of sexual harassment . ( Res . 7 &92 ( part) , 1992 ) .
http : Hwww . co .mason. wa. us/code/commissioners/ DATA/TITLE02/Chapter_2_108 SEX. : . 10/21 /2004
2 . 108 . 050 Questions regarding r ' ial harassment . ATTACHMENT
Title 2 ADMINISTRATION N AND PERSONNEL.
Chapter 2 , 108 SEXUAL HARASSMENT POLICY
2 . 108 . 050 Questions regarding sexual harassment.
We trust that all employees of the county will act responsibly to maintain a pleasant working
environment , free of discrimination , allowing for each employee to perform to his or her maximum
potential . The county encourages any employee to bring questions he or she may have regarding
discrimination of this type to central services administration/personnel division . ( Res . 7 &92 (part) ,
1992 ) .
. , ttp ://www . co .mason . wa. us/code/commissiQaers/. DATA/TITLE02/Chapter_2_ 108 SEX. . . , 10/21 /2004
2 . 116 . 010 General policy .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , 116 WHI TLEBLCWER POLICY
2 . 116 . 010 General policy .
In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42 . 41 ,
this chapter is created to encourage employees to disclose any improper governmental action
taken by county officials or employees without fear of retaliation . This chapter also safeguards
legitimate employers interests by encouraging complaints to be made first to the county, with a
process provided for speedy dispute resolution . ( Res . 9 -96 ( part) , 1996 ) .
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2 . 116 . 020 Definitions . _
ATTACHMENT A
Title: 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 116 WHI TLEBL EWER POLICY
. 116 . 020 Definitions .
" Emergency" means a circumstance that if not immediately changed may cause damage to
persons or property .
" Improper governmental actions" means 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 ;
(3 ) " Improper governmental action " does not include personnel actions including but not limited to
employee grievances , complaints , appointments , promotions , transfers , assignments ,
reassignments , reinstatements , restorations , reemployments , performance evaluations ,
reductions in pay , dismissals , suspensions , demotions , violations of the local government
collective bargaining and civil service laws , alleged labor agreement violations , reprimands , or
any action that may be taken under Chapter 41 . 14 or 41 . 56 RCW .
" Retaliatory action " means (a ) Any adverse change in a local government 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 another
employee towards a local government employee that were encouraged by a supervisor or senior
manager or official . ( Res . M6 ( part) , 1996 ) .
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2 , 116 . 030 Procedure for reportir mproper government action . ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 116 Wi li STLEBLOWER POLICY
2 . 116 . 030 Procedure for reporting improper government action .
(a ) County employees who become aware of improper governmental action should follow this
procedure :
( 1 ) Bring the matter to the attention of the board of county commissioners or the prosecuting
attorney , in writing , stating in detail the basis for the employee' s belief that an improper action
has occurred . This should be done as soon as the employee becomes aware of the improper
action ;
(2 ) The board of county commissioners or their designee , or the prosecuting attorney shall
promptly investigate the report of improper government action . After the investigation is
completed (within thirty days of the employee ' s report) , the employee shall be advised of the
results of the investigation , except that personnel actions taken as a result of the investigation
may be kept confidential .
(b ) 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 4264140300
(c) 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
responsible for investigating the improper action .
(d ) 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 . ( Res . M6 (part) , 1996 ) .
http : //www . co . mason.wa.us/code/commissioners/ I ATA/TITLE02/Chapter_2_ 116 WI . .% - 10/21 /2004
2 . 116 . 040 Protection against ret� " Aion.
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 , 116 WHISOTLEBL 1WER POLICY
. 11 . 0 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 should follow this
procedure :
( 1 ) Employees shall provide a written complaint to the board of county commissioners or
prosecuting attorney within thirty days of the occurrence of the alleged retaliatory action . The
written charge shall specify the alleged retaliatory action and the relief requested .
(2 ) The board of county commissioners or their designee , or the prosecuting attorney shall
investigate the complaint and respond in writing within thirty 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 (ALJ ) 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 days of receipt of the county's response to the charge of retaliatory action or forty-
five days of receipt of the charge of retaliation to the board of county commissioners for
response .
(4 ) Within five working days of receipt of a request for hearing the county shall apply to the state
office of administrative hearings 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 ALJ will issue a final decision not later than
forty-five days after the date of the request for hearing , unless an extension is granted . ( Res . 9 -
96 ( part) , 1996 ) .
http : //www . co . mason . wa. us/code/commissioners/ D ETA/TITLE02/Chapter_2_ 11.6_WIL . . 10/21 /2004 ; , ; :
2 . 116 . 050Implementation. ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2 . 1 16WHISTLEPLOW R POLICY
2 . 11 . 050 Implementation .
The board of county commissioners is responsible for implementing these policies and
procedures . This includes posting the policy codified in this chapter on the county bulletin board ,
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 . ( Res . 9 .96 ( part) , 1996 ) .
littp : //www . co .mason .wa. us/code/ commissioners/ DATA/TITLE02/Chapter_2_ 116 W . . . 10/21 /2004
2 . 116 . 060 Violation .
ATTACHMENT A
Title 2 ADMINISTRATION AND PERSONNEL
kChapter 2 , 116 WHi TlwEBI_. tt ER POLICY
2 . 116 . 060 Violation .
Violations of this chapter and these procedures may result in appropriate disciplinary action .
( Res . 9 -96 ( part) , 1996 ) .
http; //www. co . mason. wa. us/code/commissioners/ DA,TA/TITLE02/Chapter_2_ 116 WH : . . 10/21 /2004