HomeMy WebLinkAboutR-2016-150 2017-2020 Collective Bargaining Agreement / Public Works Managers Unit (Teamsters 760)A RESOLUTION
RESOLUTION NO. R-2016-150
authorizing the City Manager to execute a collective bargaining agreement
between the City of Yakima and Teamsters Local #760 representing the
Public Works Division Manager Unit for January 1, 2017 - December 31,
2020.
WHEREAS, pursuant to Washington State law, the City and Teamsters Local #760 have
engaged in negotiations resulting in the attached collective bargaining agreement for the Public
Works Division Manager Unit for January 1, 2017 - December 31, 2020; and
WHEREAS, the Teamsters Local #760 and City of Yakima negotiated in good faith to
reach the proposed collective bargaining agreement; and
WHEREAS, the bargaining unit has voted on and approved the attached proposed
collective bargaining agreement for January 1, 2017 - December 31, 2020; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached collective bargaining agreement
for January 1, 2017 - December 31, 2020, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated collective bargaining agreement between the City of Yakima and
Teamsters Local #760 representing the Public Works Division Manager Unit for January 1,
2017 - December 31, 2020
ADOPTED BY THE CITY COUNCIL this 6th day of December 2016.
ATTEST:
Sonya Claar Tee, City Clerk
COLLECTIVE BARGAINING AGREEMENT
Between
City of Yakima
And
Teamsters Local #760
Representing
Yakima Division Managers Unit
Effective
January 1, 2017 — December 31, 2020
TABLE OF CONTENTS
PREAMBLE 3
ARTICLE 1 - RECOGNITION 3
ARTICLE 2 - UNION SECURITY/DUES CHECK OFF & MAINTENANCE OF
MEMBERSHIP 3
ARTICLE 3 - EMPLOYER RIGHTS 4
ARTICLE 4 - WAGES AND BENEFITS 6
ARTICLE 5 - WORK WEEK, AND HOURS OF WORK 7
ARTICLE 6 - GRIEVANCE PROCEDURE 7
ARTICLE 7 - UNION LEAVE 9
ARTICLE 8 - SAVINGS CLAUSE 10
ARTICLE 9 -RETIREMENT CONTRIBUTION 10
ARTICLE 10 - TERM OF AGREEMENT 10
APPENDIX "A" 11
ANNUAL LEAVE ACCRUALS 11
FLOATING HOLIDAY 11
VEBA 11
LIFE INSURANCE 11
VACATION LEAVE PAY -OUT 11
SICK LEAVE EXCHANGE 11
BEREAVEMENT LEAVE 12
TEAMSTERS LEGAL SERVICES TRUST 12
MUNICIPAL CODE CHAPTER 2.20.100 CLASSIFICATION PLAN 12
APPENDIX "B" 13
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
2
PREAMBLE
This agreement is made and entered into pursuant to the provisions of RCW Chapter
41.56 by and between the City of Yakima hereinafter known as the "Employer" and the
Yakima Division Managers Unit represented by Teamsters Local #760, hereinafter known
as the "Union" for the purpose of setting forth the wages, hours, and other terms and
conditions of employment which shall be in effect during the term of this agreement for
employees included in the bargaining unit described in Article 1 below.
ARTICLE 1 — RECOGNITION
1.1
The Employer recognizes the Union as the exclusive bargaining representative for
those purposes appropriate to the units stated in RCW 41.56 of all full-time Division
Managers. Fleet Manager, Parks & Recreation Manager, Streets & Traffic Ops
Manager, Solid Waste & Recycling Manager, and Transit Manager, present in the
Public Works, and as recognized by PERC case 23552-E-10-3594, excluding mid-
level supervisory employees, non -supervisory employees, department heads,
confidential employees, elected officials, officials appointed for a fixed term of
office, and all other employees of the Employer.
1.2 The Union recognizes the City as the representative of the people of the City of
Yakima and agrees to negotiate only with the City through the negotiating agent
or agents officially designated by the City Manager to act on the City's behalf.
ARTICLE 2 — UNION SECURITY/DUES CHECK OFF & MAINTENANCE OF
MEMBERSHIP
2.1 It shall be a condition of employment that all employees of the Employer covered
by this Agreement who are members of the Union in good standing on the effective
date of this Agreement shall remain members in good standing in the Union. It
shall also be a condition of employment that all employees covered by this
Agreement and hired on or after January 1, 2014 shall, on the thirtieth (30th)
calendar day following the beginning of such employment become and remain a
member in good standing in the Union.
2.1.1 Should bona fide religious convictions of an employee dictate he/she may not join
a Union, he/she shall be required to pay an amount equivalent to the Union
initiation fee and monthly dues to a non -religious charity mutually agreed upon by
the employee and the Union. If such employee pursuant to this Section requests
the Union to use the Grievance and Arbitration Procedure on his/her behalf, the
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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Union is authorized to charge the employee for the reasonable cost of using such
procedure as allowed by law.
2.2 The Union agrees to represent all employees within the bargaining unit without
regard to Union membership
2.3 When an employee fails to fulfill the obligations as set forth in Section 2 1 or 2.1.1,
the Union shall provide the employee and the Employer with thirty (30) calendar
days' notification of the Union's intent to initiate discharge action and during this
period the employee may make restitution in the amount which is overdue. If an
employee has not fulfilled the Union membership obligation and/or other provisions
as described in Section 2.1 or 2.1.1 by the end of the applicable discharge
notification period, the Union shall thereafter notify the Employer in writing, with a
copy to the affected employee, of such employee's failure to abide by Section 2.1
or 2.1.1. In this written notice, the Union shall specifically request discharge of the
employee for failure to abide by the terms of the Labor Agreement between the
Employer and the Union.
2.4 When provided a "voluntary check -off" authorization form furnished by the Union
and signed by the employee, the Employer agrees to deduct from that employee's
pay, the Union's uniform applicable dues, initiation fee and/or service fees, as
prescribed in the "voluntary check -off' form. The full amount of monies so
deducted from the employee shall monthly be forwarded to the Union by check
along with an alphabetized list showing names and amounts deducted from each
employee. The Union agrees to defend and hold the Employer harmless from and
against any and all claims, demands, lawsuits, orders or judgments arising from
the administration and effects of this Section.
2.5 The Union agrees to refund to the employee any amounts paid to the Union in
error on account of the payroll deduction provision upon presentation of proper
evidence thereof. The earning of the employee must be regularly sufficient after
other legal and required deductions are made to cover the amount of the
appropriate Union dues All other legal and required deductions have priority for
payment over such dues.
2.6 The Union agrees to defend and hold the Employer harmless from and against any
and all claims, demands, lawsuits, and/or orders of judgments arising from the
administration and effect of this Article. It is also agreed that neither any employee
nor the Union shall have any claim against the Employer for any deductions made
or not made unless a claim of error is made in writing to the Employer within forty-
five (45) calendar days after the date such deductions were, or should have been
made.
ARTICLE 3 — EMPLOYER RIGHTS
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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3.1 Employer Rights.
Any and all rights concerned with the management of the City are exclusively that
of the Employer unless otherwise provided by the terms of this agreement or the
Charter Civil Service Rules and Regulations as amended. Furthermore, the City
reserves all customary management prerogatives including, but not limited to, the
right to:
A) Adopt rules for the operation of the Department and conduct of the
employees covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational goals
of the department;
C) Determine the organization, and the merits, necessity and level of activity
or service provided to the public;
D) Determine new work methods;
E) Control the City budget;
F) Establish, regulate and administer a personnel system, in conformity with
the City Charter and Charter Civil Service Rules and Regulations and with
this agreement, which provides for all types of personnel transactions
including determining the procedures and standards for hiring, promotion,
transfer, assignment, lay off, discipline, retention and classification of
positions;
G) Discipline, suspend, demote or discharge employees for just cause in
conformity with this CBA;
H) Determine the methods, means, equipment, material, numbers and kinds
of personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
1) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this
agreement;
J) Relieve any employee from duty due to a lack of work or insufficient funds
as provided by in the Charter Civil Service Commission Rules and
Regulations and in conformity with this agreement.
K) To perform all of the functions not otherwise expressly limited by this
agreement;
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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L) Take all actions necessary to carry out the mission of the City in
emergencies.
M) Provided nothing in the Agreement shall be construed as a waiver of
collective bargaining rights conferred on the parties by RCW 41.56
3.2 Scope of Management Rights
The Employer's failure to exercise any right, prerogative, or function hereby
reserved to it, or the Employer's exercise of any such right, prerogative, or function
in a particular way, shall not be considered a waiver of the Employer's
management right to exercise such right, prerogative, or function in a particular
way, shall not be considered a waiver of the Employer's management right to
exercise such right, prerogative, or function or preclude it from exercising the same
in some other way not in conflict with express provisions of this Agreement,
however, the Employer recognizes that RCW 41.56 may impose an obligation for
the Employer to negotiate changes in wages, hours, and working conditions not
covered by this agreement.
3.3 Where there is probable cause to believe that an employee is psychologically or
medically unfit to perform his/her duties, the employer may require the employee
to undergo a psychological or medical examination in accordance with current
Charter Civil Service Rules.
3.4 The Employer and the Union hereby recognize that delivery of services in the most
efficient, effective, and courteous manner is of paramount importance to the
Employer, and as such, maximized performance is recognized to be an obligation
of employees covered by this Agreement.
3.5 The Employer shall have the right to establish and maintain performance
standards. Such standards that are in effect may be used to determine acceptable
performance levels, prepare work schedules, and measure the performance of an
employee. The Employer shall have the right to implement and prepare work
schedules consistent with the terms and conditions of this Agreement.
ARTICLE 4 — WAGES AND BENEFITS
Except as modified in Appendix "A", Employees covered by this agreement shall receive
benefits as outlined in the City of Yakima Municipal Code, Chapter 2, and the
Management Fringe Benefits document both as effective February 1, 2011. The
Employer acknowledges that changes to the wages and benefits are subject to bargaining
as provided by law.
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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ARTICLE 5 — WORK WEEK, AND HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit is
supervisory in nature. Employees covered by this agreement are accountable for their
work product, meeting the objectives of the organization, and are subject to the
Employer's policies, applicable to all overtime exempt employees.
The workweek may consist of:
• five (5) consecutive eight (8) hour days with two consecutive days off;
Employees shall work such days and hours as required to advance the mission of the
City as determined by the employer. All employees shall be scheduled to work on a
regular work shift, and each work shift shall have a regular starting and ending time.
ARTICLE 6 — GRIEVANCE PROCEDURE
Grievance Definition:
A grievance is an alleged violation of this Collective Bargaining Agreement.
Filing a Grievance:
To be reviewable under this procedure, a grievance must be filed in writing within fourteen
(14) calendar days after the employee knew or should have known of the action or
decision giving rise to the grievance. This fourteen (14) calendar day period must be used
by the employee to attempt to informally resolve the dispute.
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in
writing. Days are calendar days, and will be counted by excluding the first day and
including the last day of timelines. Transmittal of grievances, appeals and responses will
be in writing. Service on the parties is complete when delivered in person; or upon receipt
by electronic mail or by the postmarked date if sent by certified mail.
Failure by the Union to comply with the timelines will result in the automatic withdrawal of
the grievance. Failure by the employer to comply with the timelines will entitle the Union
to move the grievance to the next step of the process
Contents:
A grievance must include the following:
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement allegedly violated and a
specific description of how each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals involved
in the attempted resolution, and the results of such discussion;
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed
above is provided. Grievances that do not meet the above conditions or are otherwise
unclear may be returned by the Employer and the Union will have seven (7) calendar
days to provide the clarifying information and re -submit the grievance.
Modifications:
Alleged violations and/or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed-upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the next
step.
Withdrawal:
A grievance may be withdrawn at any time.
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in
writing, to employee's supervisor with a copy to Human Resources within the fourteen
(14) day period described above. The responsible supervisor shall meet with the grievant
and the Union Representative within fourteen (14) days of the receipt of the grievance,
and respond in writing to the Union within fourteen (14) days of the meeting.
Step H — If the grievance is not resolved at Step 1, the Union may move it to the next step
by filing it with the Department Head or designee, with a copy to Human Resources, within
fourteen (14) days of the Union's receipt of the Step 1 decision The Department Head or
designee will meet with the grievant and the Union Representative within fourteen (14)
days of the receipt of the appeal, and will respond in writing to the Union within fourteen
(14) days of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next
step by filing it with the City Manager or designee, with a copy to Human Resources,
within fourteen (14) days of the Union's receipt of the Step 2 decision. The City Manager
will respond in writing to the union within thirty (30) days of the receipt of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter
may, within fourteen (14) calendar days, be referred by either party to expedited
mediation -arbitration. There shall be no withholding by either side of known facts or
evidence, relating to a grievance prior to arbitration. Such withholding shall result in said
facts and/or evidence not being admissible in arbitration.
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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Upon demand for arbitration the parties may mutually agree to an Arbitrator or if
agreement cannot be reached, both parties shall immediately petition the Federal
Mediation and Conciliation Service for the names of seven (7) arbitrators and within seven
(7) calendar days from receipt of the list, the two (2) parties shall select one (1) name
from it by alternatively crossing off a name until one (1) remains, with the grieving party
striking first. This process for selecting an arbitrator need not be followed if both parties
agree on any person as an impartial arbitrator
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his/her
decision solely to the interpretation, application or enforcement of this Agreement. The
arbiter shall confine himself/herself to the precise issue submitted for arbitration, and shall
have no authority to determine any other issues not so submitted to him/her. The decision
of the arbiter shall be final and binding upon the aggrieved employee, Union and
employer.
The arbitrator's fees and expenses, the cost of any hearing room, shall be borne equally
by the employer and the Union. All other costs and expenses shall be borne by the party
incurring them.
ARTICLE 7 — UNION LEAVE
7.1 One (1) bargaining unit member shall be granted leave from duty without any loss
of pay during the pre -impasse and post -impasse period as provided in RCW 41.56,
for all meetings between the City and the Union for the purpose of negotiating the
terms of a contract and/or attendance at mediation, when such meetings take
place at a time during which any such members are scheduled to be on duty.
7.2 One (1) bargaining unit member may be granted release time during normal
working hours to attend meetings for collective bargaining, labor-management,
grievances, pre-disciplinary/disciplinary, investigatory interviews and other
meeting related to contract administration.
7.3 Employees, not to exceed one (1) in number at any one time, shall be granted
leave from duty with pay for Teamster affiliated Union business, such as attending
labor conventions and educational conferences regarding collective bargaining,
provided that notice of such conventions or conferences shall be given at least two
(2) weeks prior thereto to Department Head, and provided further that the total
leave for the entire bargaining unit for the purposes set forth in this section shall
not exceed six (6) days in any fiscal year.
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
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ARTICLE 8 – SAVINGS CLAUSE
It is understood and agreed that if any court or board of competent jurisdiction finds any
Article, Section or portion of this Agreement to be unlawful or invalid, the remainder of the
Agreement will remain in full force and effect. If such a finding is made, the parties agree
to make themselves available to negotiate a substitute for the invalid Article, Section or
portion.
ARTICLE 9 –RETIREMENT CONTRIBUTION
Effective January 1, 2014, the Employer shall pay into the Western conference of
Teamsters Pension Trust on account of each member of the bargaining unit for each hour
for which compensation was paid up to a maximum of 2080 hours per calendar year.
The hourly contribution rate shall be $1.50 per hour, which is diverted from wages by
each bargaining unit member.
Each year the employees will have the option by majority vote to change pension
contribution rate.
ARTICLE 10 - TERM OF AGREEMENT
Except as provided herein, this Agreement shall be in full force and effect commencing
January 1, 2017 upon ratification and execution of both the Union and the Employer and
continue through December 31, 2020.
Executed by the parties hereto this day ofC-2 vr\I r— , 2016
Yakima Divisions Managers Unit City of Yakima
Teamsters Local #760
By:/By:
Leonard Crouch,reta /Treasurer Cliff Moor C t
ryy Manager
I24S/lb
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
10
ATTEST.
City Clerk
CITY CONTRACT NO: eVU/6� 7k ,,46,
R _.2O / c , S`k /C; c��a
RESOLUTION NO: iIA .
Teamsters #760
Division Managers Unit
APPENDIX "A"
ANNUAL LEAVE ACCRUALS — Effective 02/01/2011
205 hours annually — After 20 years of service
215 hours annually — After 25 years of service
FLOATING HOLIDAY — Effective 01/01/2017
Employees shall have a total of two (2) personal holidays per year.
VEBA
02/01/11 - $38,500 00 maximum cash out
LIFE INSURANCE — Effective 02/01/11
$100,000.00
VACATION LEAVE PAY -OUT— EFFECTIVE 1/1/2014
Pay out of vacation leave in accordance with 2 40.020 B. (3) of the Yakima Municipal
Code (YMC) (must use at least 75% of his/her vacation leave accrued during that year in
order to qualify)
Employer implemented vacation sell -back program where an employee can sell back to
the City up to one-third (1/3) of their accrued vacation leave within twelve (12) month
period (based on a calendar year).
Example: A ten year employee accrues 13.67 hours per month at 165 hours per year.
165 hours of vacation leave at 1/3 (.333) would equal 55 hours of vacation time payable
to the employee at their current hourly rate.
SICK LEAVE EXCHANGE
In accordance with YMC 2.40.030 E. 2. c. (except at a rate of three (3) days to one (1)
instead of four (4) days to one (1)). Sick Leave Exchange Procedure in accordance with
2.40.030 E. 5
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
11
BEREAVEMENT LEAVE
Employees shall be granted up to three (3) days per incident of Bereavement Leave in
the event of a death in the immediate family of the employee. Employees shall discuss
the duration of the leave with his/her supervisor or designee at the onset of the leave.
A) The term "immediate family" means:
1. Spouse, children, children of spouse, spouse of children;
2. Step or foster family relationship;
3. Mother, father, brother, sister of employee or spouse;
4. Grandparent or grandchild of employee or spouse,
5. Aunt or uncle of employee or spouse
B) No leave of absence in excess of three days for each family death shall be
taken by an employee unless additional leave is recommended by the employee's
supervisor and approved by the appointing authority. Approved leave in excess of
three days for the death of a family member shall be debited against the
employee's accrued sick leave, annual leave, compensatory time, paid time off
and/or other accrued leave.
TEAMSTERS LEGAL SERVICES TRUST
Effective March 1, 2011, the Employer shall make contributions of $25.95 per month, per
bargaining unit member, to implement the Western Conference of Teamster Legal
Services Trust to SF Administrators, Inc. During the terms of this agreement future
increases will be paid 50% by the employer and 50% from employee wage deductions.
The Union agrees to defend and hold the Employer harmless from and against any and
all claims, demands, lawsuits, orders or judgments arising from the administration and
effect of this participation. The Employer's obligation under this Agreement is limited to
the payment of normal contributions based on hours worked by unit employees.
MUNICIPAL CODE CHAPTER 2.20.100 CLASSIFICATION PLAN
The most current update to this chapter shall be routinely referenced and applied to this
contract.
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
12
Teamsters #760
Division Managers Unit
APPENDIX "B"
City of Yakima Municipal Code, Chapter 2, and the Management Fringe Benefits
document both as effective February 1, 2011.
Yakima Division Managers Unit
Teamsters Local #760
January 1, 2017 — December 31, 2020
13
1
Teamsters #760
Division Managers Unit
APPENDIX "B"
Title 2
PERSONNEL'
Chapters:
2.04 Group Insurance
2.16 Bonds for Officers
2.20 Salaries
2.22 Fire Department—Working Conditions
2.24 Longevity Plan
236 Retirement Plan Participation
2.40 Leaves of Absence
2.44 Lobbying by City Personnel
2.45 Personnel Examination Fee
1. For provisions regarding the office of personnel, see § 1.18.015 of this code. For
civil service provisions, see Charter Article XVI.
57
(Yakima 1-94)
Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.1 00
Chapter 2.04
GROUP INSURANCE
Health care plan.
Definitions.
City contributions.
Hospital and medical insurance—
Retired employee and dependent
coverage.
Dental insurance plan—Retired
employee coverage.
Welfare benefit program.
2.04.010 Health care plan.
The city is self-insured for its medical and dental insur-
ance plans (hereafter referred to in this section and YMC
2.04.020 and 2.04.030 as the "health care plan"). The
health care plan includes medical, dental and vision cov-
erage for city employees as defined in the health care plan
and for members of the city council. The medical and den-
tal insurance plans are administered for the city by third
party administrators. The city manager of the city of
Yakima is authorized to enter into a contract or contracts
with third party administrators to administer the medical
and dental insurance plans, The health care plan shall be
on file in the human resources division of the city. (Ord.
2012-14 (part), 2012: Ord. 2008-57 § 1, 2008: Ord, 1757
§ 1, 1975; Ord. 1750 § 1, 1975; Ord. 1744 § 1, 1975; Ord.
758, 1965: Ord, 149 § I, 1960).
2.04.020 Definitions.
"Cost of coverage" means the average monthly cost of
coverage for the health care plan as determined from time
to time by the city's health care administrator, the city's
employee benefits broker, and/or the city manager. The
final decision on the cost of coverage shall be made by the
city manager. Such determination shall be final and bind-
ing. (Ord, 2012-14 (part), 2012: Ord. 2008-57 § 2, 2008).
2.04.030 City contributions.
A. Life Insurance Plan.
1. Effective October 24, 1991, the city shall provide
a fully paid life insurance policy in an amount equal to the
annual salary for all management employees as defined in
subsection B of this section, as well as for the chief, dep-
uty chiefs and battalion chiefs of the Yakima fire depart-
ment and the chief, deputy chief, captains and lieutenants
of the Yakima police department.
2. For all employees covered by a collective bar-
gaining agreement, the city shall provide a life insurance
policy in the amount required in the applicable collective
bargaining agreement.
59
2.04.010
B. Health Care Plan. The city shall contribute toward
the payment of the monthly cost of coverage of the health
care plan in the following manner for each group of
employees or positions, respectively:
1. Represented Employee Contributions. For all
employees covered by a collective bargaining agreement,
the city shall pay its portion of the total monthly cost of
coverage under the health care plan as provided in the
applicable collective bargaining agreement, and the
employee shall pay his or her portion of the total monthly
cost of coverage under the health care plan as provided in
the applicable collective bargaining agreement.
2. Management Employee Contributions.
a. "Management employee" means any nontempo-
rary employee in the management series, executive sup-
port series and executive series as defined by YMC
2.20.100; in the public safety management series as
defined by YMC 2.20.110; and any other nontemporary
employee in YMC 2.20.100(D) who is not a member of
any collective bargaining unit recognized by the city.
b. "Member of the city council" means any person
holding the office of city of Yakima council member, who
elects to pay the entire cost of coverage of the city of
Yakima health care plan.
c. From January 1, 2009, on, except for the chief,
deputy chiefs, and battalion chiefs in the fire department
and the chief, deputy chief, captains and lieutenants in the
police department, or unless otherwise provided in the
applicable collective bargaining agreement, the following
provisions apply: All management employees shall pay
the first fifty dollars of the total monthly cost of coverage
under the health care plan for the employee through a
monthly payroll deduction. If an employee only is covered
in the health care plan and the employee has no spouse or
dependents in the health care plan, then the city shall pay
the balance of the employee -only unit cost in excess of the
first fifty dollars that the employee pays. For a manage-
ment employee with a spouse and/or dependents in the
health care plan, any cost of coverage for the management
employee with a spouse and/or dependents in the plan in
excess of the first fifty dollars that the employee pays shall
be paid by the management employee through a monthly
payroll deduction based on the following percentages on
the remaining balance above the first fifty dollars: the
employee shall pay at the rate of twenty-five percent of the
balance of the remaining total monthly cost of coverage,
and the city shall contribute the remaining seventy-five
percent of the balance of the total monthly cost of cover-
age.
d. For the chief, deputy chief, captain and lieuten-
ants of the Yakima police department and the chief, dep-
uty chiefs and battalion chiefs of the Yakima fire
department, unless otherwise provided in an applicable
collective bargaining agreement, the city shall pay the
total monthly cost of coverage under the health care plan
(Yakima 8-12)
2.04.040
for the employee. If the chief, deputy chief, captain and
lieutenants of the Yakima police department and the chief,
deputy chiefs and battalion chiefs of the Yakima fire
department have a spouse and/or dependents in the health
care plan, then the employee shall pay through a monthly
payroll deduction at the rate of fifty percent of the monthly
dependent unit cost of coverage for the employee's spouse
and/or dependents, and the city shall contribute the
remaining fifty percent of the total monthly dependent
unit cost of coverage for the employee's spouse and/or
dependents, unless otherwise provided in an applicable
collective bargaining agreement.
C. Authority to Exempt Certain Positions from
Health Care Plan. Pursuant to YMC Chapter 2.04, the city
manager and the heads of the city departments are entitled
to be covered by the city's employee health care plan. This
subsection C is limited to and for the purpose of recruit-
ment only for the specific positions of city manager, chief
of police, fire chief, city attorney, director of public
works, director of community and economic develop-
ment, and director of finance, when the person to whom an
offer of employment is made has an existing health care
plan from his or her former employment that he or she
desires to maintain upon employment with the city. In that
event, then the city council for the city manager position,
and the city manager for the department head positions,
have the authority to agree in writing to compensate that
person for the cost to him or her to maintain his or her
present health care plan, up to but not to exceed the
amount the city's health care plan would otherwise have
contributed to his or her health care costs for similar cov-
erage under the city's health care plan. This health care
cost payment shall be included with the employee's
monthly compensation amount as a separate item and
shall be treated as a taxable benefit subject to normal with-
holding taxes. The city's contribution for the health care
allowance shall not be included in any calculations as base
pay. If, and at such time as, the city employee's prior
health care plan becomes fully paid and no longer requires
financial contributions from him or her to maintain his or
her health care coverage, the city's obligation to contrib-
ute toward that health care coverage shall cease. In no
event shall the city's contribution for the health care
allowance be more than the city would have contributed if
the employee had similar coverage under the city health
care plan. In addition, in the event that the employee's
prior health care coverage ends and the employee desires
to enroll in the city health care plan, that employee may do
so provided the employee complies with the enrollment
requirements for the city health care plan. (Ord. 2012-14
(part), 2012: Ord. 2008-57 § 3, 2008: Ord. 97-28 § 1,
1997; Ord. 96-66 § 1, 1996; Ord. 93-84 § 1, 1993: Ord.
3403 § 1, 1991; Ord. 3325 § 1, 1990; Ord. 3252 § 1, 1990;
Ord. 2688 § 1, 1983; Ord, 2266 § 1, 1979; Ord. 2265 § 1,
1979; Ord, 2153 § 1, 1978; Ord. 1750 §§ 2, 3, 1975; Ord.
(Yakima 8-12)
60
1744 §§ 2, 3, 1975; Ord. 1614 § 1, 1974: Ord. 1474 § 1,
1972: Ord. 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1,
1962: Ord. 149 § 3, 1960).
2.04.040 Hospital and medical insurance—
Retired employee and dependent
coverage.
A. Retired Employees. The following described
retired city employees shall be eligible to remain enrolled
in the group hospital and medical insurance plan and to
obtain coverage for their eligible dependents until the
retired employee reaches sixty-five years of age by paying
a premium (including the premium for dependents, if
enrolled) equal to the actual group rate for coverage of
active city employees and enrolled dependents:
1. City employees who retire on or after January 1,
1982, and who at the time of their retirement work in posi-
tions within the bargaining unit of the American Federa-
tion of State, County and Municipal Employees, Local
1122; and
2. City employees who retire on or after January 1,
1983, and who at the time of their retirement work in any
of the following positions:
a. All fire department positions,
b. All commissioned police department officers,
c. All employees in exempt classifications specified
by YMC 2.20.100, and
d. All other positions defined by the policy as being
eligible for coverage.
B. Spouses of Retired Employees. Spouses of retired
commissioned police department officers, retired fire
chiefs and deputy fire chiefs and retired employees who,
at the time of retirement, were in exempt classifications
specified by YMC 2.20.100, which spouses are otherwise
eligible for coverage under provisions of the insurance
policy, shall be eligible to remain enrolled in the group
hospital and medical insurance plan until those spouses
reach the age of sixty-five years (or in the case of spouses
of deceased retirees, until the spouse remarries) by paying
a premium equal to the actual group rate for enrolled
dependents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 1,
1985: Ord. 2749 § 1, 1984: Ord. 2686 § 2, 1983).
2.04.050 Dental insurance plan—Retired
employee coverage.
A. Retired Employees. The following described
retired city employees who retire on or after January I,
1983, shall be eligible to remain enrolled in the group den-
tal insurance plan and to obtain coverage for their eligible
dependents until the retired employee reaches sixty-five
years of age by paying a premium (including the premium
for dependents, if enrolled) equal to the actual group rate
for coverage of active city employees and enrolled depen-
dents:
1. Chief and deputy chief of Yakima fire depart-
ment;
2. Chief, captains and lieutenants of the Yakima
police department; and
3. All employees in exempt classifications specified
by YMC 2.20.100.
B. Spouses of employees retired from positions
specified in subsection A of this section, which spouses
are otherwise eligible for coverage under provisions of the
insurance policy, shall be eligible to remain enrolled in the
group dental insurance plan until those spouses reach the
age of sixty-five years (or in the case of spouses of
deceased retirees, until the spouse remarries) by paying a
premium equal to the actual group rate for enrolled depen-
dents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 2, 1986).
2.04.100 Welfare benefit program.
A, The city of Yakima employees' welfare benefit
program, attached as Appendix 1 to the ordinance codified
in this section and incorporated herein by reference, is
adopted and approved.
B. The city manager, or his designee, shall be autho-
rized and directed to perform all management, administra-
tion and other responsibilities of the city under the city of
Yakima's employees' welfare benefit program, except as
expressly provided by such program or as required by law.
C. The participation agreements between the city
and the Washington State Council of County and Munici-
pal Employees, Washington State Council of County and
City Employees, AFSCME, Local 1122, AFL-CIO
("AFSCME"); Yakima Police Patrolmans Association
("YPPA") and Local 469, International Association of
Firefighters, AFL-CIO, attached to the ordinance codified
in this section as Appendices 2, 3, 4 and 5 respectively and
incorporated herein by reference, are approved, and the
city manager is authorized and directed to execute said
participation agreement.
D. The Yakima air terminal may join the city's
employee welfare benefit program and its management
employees and duly represented employees may partici-
pate in plans thereunder by action of the airport terminal
board.
E, In the event that there is a conflict between any
provision of this section or any provision of the employee
welfare benefit program and any other section of this
chapter, this section and the employee welfare benefit pro-
gram shall take precedence. (Ord. 2012-14 (part), 2012:
Ord. 94-9 § 3, 1994).
61
2.04.100
(Yakima 8-12)
2.16.010
Sections:
2.16.010
2.16.020
2.16.030
Chapter 2.16
BONDS FOR OFFICERS
Bonds required—Amount.
Approval of bonds.
Payment of premium.
2.16.010 Bonds required—Amount.
The following named officers, assistants and employ-
ees of the city of Yakima, and the treasurer of Yakima
County as ex officio collector of city taxes, before assum-
ing the duties of their respective office, shall be bonded by
a professional surety company authorized to do business
in the state of Washington, which bonds shall be condi-
tioned for the faithful discharge of the duties of such offic-
ers and employees as provided by law, in the following
am ounts:
City Manager
Director of Finance
City treasurer
Yakima's County
treasurer
All other employees
Blanket Bond Annual Bond
$25,000.00
25,000.00
25,000.00
5,000.00
$100,000.00
Provided, however, that the bonds of two or more offic-
ers or employees, except for the annual bond of the city
treasurer and county treasurer, may be consolidated in one
instrument as a blanket bond. (Ord. 2212 § I, 1978: Ord.
918 § 1, 1967: Ord. 2, 1959: Ord. B-196 § I, 1937).
2.16.020 Approval of bonds.
Bonds required by YMC 2.16.010 shall be subject to
approval by the city attorney as to form and execution, and
upon such approval shall be retained on file in the office
of the city clerk. (Ord. 2212 § 2, 1978: Ord. B-196 § 2,
1937).
2.16.030 Payment of premium.
After the approval of said bonds, the city shall pay a
reasonable premium to the surety company furnishing
such bond. (Ord. B-196 § 3, 1937).
(Yakima 8-12)
62
Chapter 2.20
SALARIES
Sections:
2.20.010 Persons subject to, plan.
2.20.020 Content of plan.
2.20.030 Procedure for determination of
salary ranges.
2.20.040 Policy for pay steps.
2.20.050 Policy,for•present,employees.•
2.20:060 Transfer,,promotion,
reclassification,demotion,
reinstatement o r•termination of
employees., „;.:.
2.20.070 Reduction of salary.
2.20.080 Effect of budget.
2.20.085 Reimbursement for expenditures.
2.20.086 •Reimbursable expenditures—
Amounts.
2.20.088 Uniform allowance—Special
assignment pay.
2.20.089 Bilingual pay for management
employees.
2.20.094 Salary of mayor, assistant mayor
and council members—Fringe
benefits.
Vehicle allowance for city
manager.
Classification and compensation
plan.
Management pay and
compensation definitions.
Management pay and
compensation adjustments.
Management salary schedule
separation.
Management employee disability
insurance.
2.20.120 Shift differential.
2.20.130 Management group tax deferred
compensation plan.
2.20.150 Management personnel Section
125 plan.
2.20.097
2.20.100
2.20:115
2.20.116
2.20.117
2.20.118
2.20.010 Persons subject to plan.
All employees of the city of Yakima shall be subject to
the classification and compensation plan established in
this chapter. (Ord. 302, 1961: Ord. 194 § 1, 1964).
2.20.020 Content of plan.
The classification and compensation plan shall include:
1. The basic salary schedule as set forth in this chap-
ter, and subsequent amendments and additions thereto;
63
2.20.010
2. A schedule of salary ranges consisting of mini-
mum and maximum rates of pay for each management
position and minimum and maximum rates of pay,
together with intermediate steps, for all other classes of
positions included in the city classification plan as set
forth in this chapter, and subsequent amendments and
additions thereto;
3. The annual budgets prescribed by the laws of the
state of Washington. (Ord. 1745 § 1, 1975: Ord. 194 § 2,
1960)
2.20.030 Procedure for determination of salary
ranges.
Salary ranges shall be linked directly to the 'plan of
position classification and shall be determined with due
regard to ranges of pay for other classes, relative difficulty
and resp'onsibility of positions in the class, availability of
employees in particular occupational categories, prevail-
ing rates. of pay for similar emplbymentin private estab-
lishments in the Yakima area, rates of -Pay in other
jurisdictions, cost of living'factors, the financial' policies
of the city and other economic considerations. The mini-
mum and maximum and intermediate steps of each salary
range shall be those rates in the basic salary schedule
which most nearly reflect these factors.
Prior to the preparation of each annual budget, as well
as at other appropriate times, the city manager shall make
or direct to be made such comparative studies as' he may
deem necessary, of the factors affecting the level of salary
ranges. On the basis of information derived from such
studies;the city manager shall recommend to the council
for approval such changes in the salary, ranges as are per-
tinent to the fairness and adequacy of the overall salary
structure. Such changes shall'be accomplished'by increas-
ing or decreasing the salary ranges the appropriate number
of ranges as provided in the basic salary schedule. The rate
of pay for each employee shall be adjusted to the corre-
sponding step in the new range in conformance with the
adjustment of the salary range for the class. (Ord. 194 § 3,
1960).
2.20.040 Policy for pay steps.
The following shall be the general policy with respect
to the use of the pay steps within salary ranges:
1. The minimum rate of pay for a class shall be paid
to any person on his original appointment, except appoint-
ments at a salary rate above the minimum may be autho-
rized by the appointing authority when necessary to fill
positions in "shortage" occupations or when necessary to
recruit applicants with exceptional qualifications.
2. The basic salary range shall consist of five steps
to be known as Steps 1, 2, 3, 4, and 5. An employee,
except seasonal employees, shall normally be advanced to
the next higher step six months after the date of hiring or
promotion and to the succeeding steps at one-year inter -
(Yakima 1-14)
2.20.050
vals, providing that employee's work has been satisfac-
tory and the employee is making normal progress on the
job. Employees in permanent seasonal positions shall be
advanced to Steps 2, 3, 4, and 5 upon the completion of six
months', eighteen months', thirty months', and forty-two
months' of service, respectively; provided, such advance-
ments shall be made only for employees with a satisfac-
tory or better performance rating for the preceding season.
All within -range increases are subject to the availabil-
ity of funds. For purposes of computing the Length of time
for eligibility for within -range increases, the period of all
leaves of absence without pay shall not be included.
In order to simplify the preparation of payrolls, eligibil-
ity for within -range salary increases shall be computed in
the manner heretofore set forth; provided, however, that
upon an eligibility date falling on or before the fifteenth
day of the month, such increase shall become effective as
of the first day of the month; and provided further, that
upon an eligibility date falling on or after the sixteenth day
of the month, such increase shall become effective as of
the first day of the following month.
Salary increases or decreases resulting from the adjust-
ment of salary ranges in accordance with Section 2.20.030
shall not prevent within -range increase in accordance with
this section. (Ord. 2051 § 1, 1977: Ord. 1389 § 1, 1972:
Ord. 1082 § 1, 1968: Ord. 748, 1965: Ord. 478, 1963: Ord.
194 § 4, 1960).
2.20.050 Policy for present employees.
As of the effective date of the adoption of the compen-
sation plan and any subsequent amendments thereof:
A. .All employees, whose pay isin excess of the max-
imum rate prescribed for their class shall not be reduced in
pay, but they shall not receive any pay increases as long as
they occupy positions for which the salary range maxi-
mum is the same as or less than the pay rate currently
received.
B. Employees will be advanced in pay as a result of
an adjustment to the salary range for their class as pro-
vided for in YMC 2.20.030, provided that no such
advancement in pay shall be effective for a probationary
employee in the management group defined in YMC
2.04.030(D), until the end of the probation. In addition,
employees will -be eligible for within -range increases
according to service in the class as provided for in YMC
2.20.040(2), provided that no such advancement in pay
shall be effective for a probationary employeein the man-
agement group defined in YMC 2.04.030(D), until the end
of the probation.
The provisions of this section shall not prevent demo-
tion or reduction for disciplinary reason or the application
of service -wide pay decreases when such action is
required by the financial conditions of the city or by
changing economic conditions. (Ord. 3428 § 1, 1991: Ord.
194 § 5, 1960).
(Yakima 1-14)
64
2.20.060 Transfer, promotion, reclassification,
demotion, reinstatement or termination
of employees.
A. When an employee is transferred, promoted,
reclassified, demoted or reinstated, the employee's rate of
pay for the new position shall be determined as follows:
1. Transfer. An employee transferred to another
position in the same class will continue to receive the
same rate of pay until the employee is promoted or
demoted.
2. Promotion/Reclassification. An employee pro-
moted or reclassified to a position in a class having a
higher pay range shall receive a salary increase as follows:
a. If the employee's rate of pay in the lower class is
below the minimum salary of the higher class, the
employee's rate of pay shall be increased to the minimum
rate of the higher class.
b. If the employee's rate of pay in the lower class
falls within the range of pay for the higher class, the
employee shall be advanced to the pay step in the higher
range which is next higher in amount above the
employee's pay before promotion.
c. In the case of promotion, within -range increases
shall be granted in accordance with YMC 2.20.040(2).
d. In the case of reclassification, the employee shall
be eligible for a within -range increase on the employee's
normal anniversary date. For employees who have been at
the maximum of the salary range for more than one year,
the date of reclassification shall become the employee's
anniversary date for future within -range increases.
3. Demotion. An employee demoted from a position
in one class to another class having a lower pay range shall
receive a salary decrease.
(a) If the rate of pay of the employee in the higher
class is above the maximum salary for the lower class, the
employee's rate of pay will be decreased to the maximum
rate of the lower class.
(b) If the rate of pay of the employee in the higher
class is within the pay range of the lower class, the
employee's rate of pay shall be reduced to the next lower.
B. Severance. When an employee is terminated by
the city manager, the city council grants authority to the
city manager, at his or her option, to authorize a payment
to the terminated city employee of lump sum severance
pay equal to up to four months of the employee's base sal-
ary as full and complete payment and satisfaction of any
claims of the employee arising out of his or her employ-
ment. The city manager is granted the authority to deter-
mine the specific amount of the severance payment;
provided, however, it shall not exceed four months of the
employee's base salary without the specific consent of the
city council. Any lump sum severance payment is subject
to normal payroll withholding taxes. As consideration for
such severance payment, the employee shall, prior to
receipt of the payment, execute and deliver to the city a
general release of the city of Yakima and its elected and
appointed officers, employees and agents for all acts and
actions.(whether accrued or subsequently accruing) from
the beginning of employment until the date of release, said
release to be prepared by the city attorney or his or'her
designee. Although the city manager has the option to
authorize a severance,payment under the terms of this sec-
tion, the city manager is not required to authorize a sever-
ance payment to an employee who has been terminated.
(Ord. 2013-029 § 1, 2013: Ord. 1831'0, 1975: Ord. 1614'
§ 2, 1974: Ord. 194 § 6, 1960).
2.20.070 Reduction of salary.,
An appointing authority for just cause's may reduce th'e
salary of an employee within the pay range prescribed for
the class. Notice of intention to effect such a reduction'in
pay and the reasons for such action,'shall" be given tothe
employee andthe civil service chief examiner ten days
prior to the effective date for the reduction. The employee
affected shall have .the right to appeal in the manner out-
lined in the civil service rules and regulations. (Ord. 194 §
7, 1960).
2.20.080 Effect of budget.
This chapter shall be in force and effect February 1,
1961, and from and after said effective date employees in
each class of position in the civil service shall be compen-
sated according to the basic salary schedule and salary
ranges set forth in this chapter, and subsequent amend-
ments and additions thereto, and in accordance with the
annual budgets adopted ,by the council pursuant to the
laws of the state of Washington. In_ cases .of promotion,
transfer and the return of an employee after leave of
absence, and in cases of classification or reclassification
of positions which, under YMC 2.20.060 and other provi-
sions of this chapter, require the payment of,a different
wage or salary than that specifically set forth in the annual
budget, the compensation to be paid in such cases shall be
figured and paid in accordance with YMC 2.20.060 and
other pertinent sections of this chapter without ordinance
or council action, if the payment thereof can lawfully be
made from funds appropriated under the current annual
budget, under the item of salaries and wages, without
exceeding appropriation.
In cases where the annual budget makes provisions for
the payment of compensation for any position classifica-
tion differing from the compensation set forth in said sal-
ary ranges in order to comply with the provision of
subsection A of YMC 2.20.050, the employee affected by
the provision of said section shall be paid the compensa-
tion for such position as set forth in the annual budget, and
in all cases where no provision is made in said salary
ranges the compensation to be paid any employee shall be
that set forth in the annual budget or such compensation as
65
2.20.070
shall be lawfully authorized by the city council. (Ord. 194
§ 8, 1960).
2.20.085 Reimbursement' for expenditures.
In addition to_theprescribed rates of pay and other
allowances provided for in this chapter, -.officers and
employees of the city shall be entitled to reimbursement
for, or the benefit from, the' following classes of official
expenditures:
1. Officers -and employees shall be entitled to reim-
bursementfor expenses which may lawfiilly'be incurred
when they are 'required, with specific written approval of
the city manager, to make necessaryout-of-pocket expen-
ditures within or without the city of a natureheyond those
normally associated with the performance of the routine
official duties of such individuals; for purposes which
principally promote, develop or publicize' the city's best
interests.
2. In the event the city manager of the city of
Yakima determines that'in order to 'secure the services of
any person not residing within the'Yakima area as an
employee of the city of Yakima; it is necessary to pay the
cost of moving the household goods and personal effects
of such person from his `place of residence to the city of
Yakima upon his appointment to city service, then pay-
ment of reasonable and necessary moving costs may be
made from appropriate available maintenance and opera-
tion funds in the city's annual budget;'upoii the approval
of the city manager.
3. The council finds that in selecting personnel to fill
positions in the city of Yakima requiring special experi-
ence and training to qualify for such;positions, it becomes
necessary, in order to ensure selection' of the most quali-
fied applicant, that applicants for such positions be per-
sonally interviewed, and that in certain cases the expense
to the city of sending members of boards, commissions
and other officers of the city to various localities for the
purpose of conducting such interviews exceeds the cost to
the city government of providing that the interviews be
had in the city of Yakima at the city's expense and that the
payment by the city of the necessary travel and subsis-
tence expenses for a limited number of applicants to be
brought to the city will result in a saving of expense to the
city in the outlay of travel 'and subsistence expenses' or in
the time which would be lost by reason of regular officers
or employees of the city conducting the interviews else-
where. The council further finds that in such cases the pay-
ment by the city of the travel and subsistence expense of
applicants requested to come to the city of Yakima for
interview is a proper municipal expense and for a proper
municipal purpose.
4. In order to make a proper determination of the
facts in cases where authority is requested to bring in
applicants for any position in the city of Yakima at the
city's expense, the city manager is authorized to deter -
(Yakima 1-14)
2.20.086
mine the facts, and, upon approval by the city manager,
based upon a determination that the payment by the city of
the expenses of bringing a limited number of applicants to
the city of Yakima for interview is necessary to make pos-
sible the selection of the best available applicant for a
position involving special skill and experience to properly
discharge the duties thereof, and that the payment of the
expense of bringing said applicants to the city is less than
the expense and loss to the city in sending its officers,
commissions or boards to conduct said interview else-
where, and that funds for the payment of such expenses
are lawfully available, payment therefor shall be consid-
ered as approval by the city council and shall be paid from
the fund to which said expenses are properly chargeable.
5. Training and Education.
a. Policy. The city council encourages the training
and education of city officers and employees to the end
that they may more effectively render services to the pub-
lic in performing assigned duties or in preparing to assume
higher responsibilities within the city service.
b. Reimbursement. Officers and employees shall be
entitled to reimbursement for ordinary and reasonable
expenses incurred in pursuing such training and education
on compliance with the following conditions:
(1) In the opinion of the city manager, the seminar or
course of study must be related to the performance of
duties of the officer or employee in rendering service to
the public, or must assist the officer or employee in pre-
paring to assume higher responsibilities within the city
service by promotion or otherwise;
(2) Specific' written approval for the seminar or
course of study must be -obtained in advance from the city
manager or his designate; and
(3) Funds for reimbursement to the officer or
employee must be lawfully available within the city's
budget or by appropriation therein.
6. Professional Fees, Licenses, and Membership
Dues.
a. Management employees as defined in subsection
2.04.030(D) of this code shall be entitled to direct pay-
ment by the city of Yakima or reimbursement to the
employee, for professional fees, licenses and membership
dues applicable to any such employee, in an amount
approved by the city manager.
b. Funds for this purpose must be lawfully available
within the city's budget or by appropriation therein. (Ord.
3403 § 4, 1991: Ord. 2302 § 1, 1979: Ord. 2088 § 1, 1977:
Ord. 189 § 1, 1976; Ord. 748, 1965: Ord. 208, 1960: Ord.
194 § 9A, 1960).
2.20.086 Reimbursable expenditures—Amounts.
A. All officers and employees shall, in addition to
their prescribed rates of pay, be reimbursed for the follow-
ing listed expenditures:
(Yakima 1-14)
66
1. Transportation. The actual fare shall be paid for
transportation by common carrier. Reimbursement at the
per mile rate authorized by the Internal Revenue Code of
1989, as amended from time to time, shall be made for the
use of private auto; provided, the reimbursement for travel
by private auto to a point outside the state of Washington
shall not exceed the total expense for such travel by com-
mercial air coach including related and incidental trans-
portation expenses such as limousine or taxi fare, car
rental, parking fees and similar costs.
2. Lodging and Meals. The actual expense for lodg-
ing and meals shall be paid; provided, that the total reim-
bursable expense for both lodging and meals shall not
exceed one hundred seventy-five dollars per day, includ-
ing tips and gratuities; provided further, that when con-
ventions, conferences, seminars or similar functions make
expenditures in excess of one hundred seventy-five dol-
lars per day necessary for lodging and meals, in the opin-
ion of the city manager such excess expenditures may be
allowed and reimbursed when approved by the city man-
ager.
3. Necessary Minor Expenses. The actual amounts
of necessary, or usual and customary, minor expenses,
including tips and gratuities, shall be reimbursed.
B. All reimbursed expenses must be necessary, rea-
sonable, within budget limits set for travel and training,
and incurred in the conduct of the business of the city.
When two or more representatives of the city attend the
same meeting, transportation shall be planned to avoid
needless duplication. of automobiles. Employees shall
obtain approval prior to taking any trip from their depart-
ment head- and_ from the city manager. (Ord. 98-8 § 1,
1998; Ord. 95-9 § 1, 1995; Ord. 3326 § 1, 1990; Ord. 3237
§ 1, 1990; Ord. 2743 § 1, 1984: Ord. 2414 § 1, 1980: Ord.
2088 § 2, 1977: Ord. 2022 § 1, 1976: Ord. 1614 § 3, 1974:
Ord. 858, 1966: Ord. 748, 1965: Ord. 213, 1960: Ord. 194
§ 9B, 1960).
2.20.088 Uniform allowance—Special assignment
pay.
A. Police detectives and patrolmen assigned to the
detective division of the police department, when not
issued or required to wear a uniform in the performance of
their assigned duties, shall be paid a monthly clothing
allowance of eighteen dollars in lieu of an issued uniform.
B. (1) Except for employees in the fire department
and except for employees represented by AFSCME Local
1122, when a salaried employee works in a higher classi-
fication for a period of one day or longer, performs sub-
stantially all of the duties of such higher classification and
is not actually receiving supervised training for that posi-
tion, the employee shall be paid at the pay step in the
higher classification which is next higher in amount above
the employee's pay in the lower classification. The provi-
sions of this section shall not apply to management per-
sonnel.
(2) When,an hourly employee works in a higher clas-
sification for a period of one hour or longer, performs sub-
stantially all ofthe.duties of such higher classification and
is not actually receiving supervised training for such posi-
tion,the employee shall,bepaid. at the ,step in the higher
classification,which is next higher in amount above the
employee's pay in the lower classification.
(3) When represented,
presented,
by AFSCME Local 1122 works forgone hour or longer in
a higher classification and in a different classification
series.from whichthe employee is regularly employed and
performs substantially.all of the duties of such higher clas-
sification and -is not actually receiving supervisedtraining
for,such_position, the employee shall .be paid at the pay
step in the higher classification which is next higher in
amountabove the employee's pay in the lower classifica-
tion for all, such hours consecutively worked in the higher
classification.
(.4) When a salaried permanent employee.represented
by,AFSCME Local 1122 works ,four consecutive hours or
longer in a higher classification in the same classification
series in which the employee is regularly employed and
performs substantially all of the duties of such higher clas-
sification and is not actually receiving supervised training
for such position, the employee shall be paid at the pay
step in the higher classification which is next higher in
amount above the employee's pay in the lower classifica-
tion for all such hours consecutively worked in the higher
classification.
C. Clerical personnel in the police department.shall
be paid fifteen.dollars per monthin addition to their regu-
lar salary when required to be available for night or week-
end shifts, or when required to perform police duties other
than clerical. Effective January 1,1978, after six p.m. and
until six a.m. on regularly scheduled shifts, an additional
two percent per hour over base pay will be paid for all
hours worked within the stipulated period to the nearest
one-half hour for police department clerical personnel.
D. Police officers shall be paid thirty dollars per
month in addition to their regular salary when assigned the
duties of administrative assistant to the chief of police.
E. When any commissioned member of the police
department is assigned by the chief of the department to a
position in a higher classification for a period of four
hours or more, such member shall be paid at the lowest
rate of the higher classification which provides any salary
increase for the officer for the actual time so assigned. The
amount of payment for such special assignment shall be
computed in accordance with ,any applicable provision of
YMC 2.40.100. The payment for any such special assign-
ment duty shall be subject to the availability of department
funds for such purpose.
67
2.20.089
F. When any employee of the fire department is tem-
porarily assigned by the chief of the department to a posi-
tion in a'higher classification for a period of four hours or'
longer; such member shall be paid special assignment pay
offive percerit above the normal base pay ofthat employee
during that period of continuous service; provided, that the
employee exercises the responsibility,' including opera-
tional and administrative duties, as they applyto that posi-
tion in the higher classification; provided, further, the chief
of the fre,department may authorize special assignment
pay in excess of the fiye percent provided'herein in excep-
tional circumstances.as determined by the chief.
G. When any employee of the,police department is
assigned, by the chief of the department to a position which
requiresoperation of a motorcycle, such member shall 'be
paid,twenty-five dollars per month, in addition td his"reg-
ular salary,. for each month that he operates a motorcycle
more than fifty percent of his total;duty time.
H. When an employee of the fire department is
assigned the duties of administrative assistant to the fire
chief, such member shall,receive sixty dollars per month
in addition to the employee's regular salary.
I. When a programmer,analyst is assigned to the
police department, such person shall receive seventy-five
dollars per month in addition to the employee's regular
salary.
J. When an employee is temporarily assigned by the
city manager to a position in a higher management classi-
fication for a period of one day or longer and performs
substantially all of the duties of such higher classification,
or when the city manager assigns an employee additional
responsibilities beyond the scope of his/her current classi-
fication, the city manager may authorize and direct that
the employee be paid special assignment pay, in ,an
amount the city manager determines reasonable, above the
normal base pay of that employee during the period of the
employee's continuous service in said higher classifica-
tion or performance of additional responsibilities. As used
in this section, the term "management classification"
means those positions identified in YMC 2.20.115(2).
(Ord, 2013-005 § 1, 2013: Ord. 2005-42 § 1, 2005: Ord.
3379 § 1, 1991; Ord. 2843 § 1, 1985: Ord. 2153 § 2, 1978:
Ord. 1860 §§ 1, 2, 1975: Ord. 1745 §§ 2, 3, 1975: Ord.
1614 § 4, 1974: Ord. 1474 § 4, 1972: Ord. 1381 §§ 2, 3,
1972: Ord. 980 § 1, 1967: Ord, 854 §§ 1, 2, 1966: Ord. 748
§ 4, 1965: Ord. 584 § 1, 1964: Ord. 478 § 2, 1963: Ord.
391 § 1, 1962: Ord. 3 02 § 6, 1961).
2.20.089 Bilingual pay for management
employees.
Effective July 1, 2003, in addition to the prescribed rates
of pay and allowances provided for in this chapter, man-
agement employees who have a bilingual capacity shall
receive sixty dollars per month for their work in that capac-
ity subject to prior written approval from their respective
(Yakima 7-14)
2.20.094
department head and subject to achieving a passing score
on the bilingual/biliterate skills examination conducted
under the civil service rules and regulations and adminis-
tered by the civil service chief examiner. Department heads
may waive the testing requirement if the employee can
demonstrate to the satisfaction of the department head,
through documentation or otherwise (i.e., court interpreter
certification from the state of Washington), that the
employee has sufficient bilingual/biliterate skills.
Management employees employed by the city of
Yakima before July 1, 2003, who demonstrated bilin-
gual/bi literal capacity by achieving a passing score on the
civil service bilingual/biliterate examination and/or by
demonstrating bilingual capacity to the satisfaction of
their department head and who received prior approval
from their respective department head shall receive, in
addition to the prescribed rates of pay and allowances pro-
vided for in this chapter, thirty dollars per month for their
work before July 1, 2003, in that capacity.
As used in this section, the term "management employ-
ees" means those positions identified in YMC
2.20.115(2). (Ord. 2003-36 § 1, 2003).
2.20.094 Salary of mayor, assistant mayor, and
council members -Fringe benefits.
A. Salary of Mayor and Assistant Mayor. The
mayor, assistant mayor, and city council members other
than the mayor and assistant mayor shall be paid a salary
computed and paid on a monthly basis as follows:
Position
Mayor
Assistant mayor
City council members
Salary Per Month
$1,043.95
$800.37
$695.97
Effective January 1, 2006, and with regard to an at -
large city council member who is elected to be mayor, the
monthly salary of the mayor,shall be one thousand three
hundred seventy-five dollars.
Effective January 1, 2008, and with regard to a district
position city council member who is elected to be mayor,
the monthly salary of the mayor shall be one thousand
three hundred seventy-five dollars.
Effective January 1, 2006, and with regard to an at -
large city council member who is elected to be assistant
mayor, the monthly salary for the assistant mayor shall be
one thousand one hundred seventy-five dollars.
Effective January 1, 2008, and with regard to a district
position city council member who is elected to be assistant
mayor, the monthly salary of the assistant mayor shall be
one thousand one hundred seventy-five dollars.
Effective January 1, 2006, the monthly salary for each
at -large city council member shall be one thousand sev-
enty-five dollars.
(Yakima 7-14)
68
Effective January 1, 2008, the monthly salary for each
district position city council member shall be one thou-
sand seventy-five dollars.
B Fringe Benefits. Commencing January 1, 1992,
members of the city council, including the mayor and
assistant mayor, shall receive no compensation for serving
as mayor, assistant mayor, or council member other than
the salary provided by subsection A of this section, and the
following additional benefits, which are authorized:
1. Reimbursement for expenditures as provided by
YMC 2.20.086;
2. Protection of a five -thousand -dollar life insurance
policy, with the premium fully paid by the city;
3. Protection of Workmen's Compensation Insur-
ance coverage under the State Industrial Insurance sys-
tem;
4. Protection by a policy of insurance known vari-
ously as professional liability insurance or errors and com-
mission insurance, covering council members acting in
their official capacity, with coverage in the same amount
as obtained from time to time for the protection of other
city officers and employees, with the premium fully paid
by the city;
5. Payment by the city of its portion of Social Secu-
rity payroll tax on earnings of council members; and any
other benefits expressly required by applicable laws;
6. Participation in the city employee welfare benefit
program established by YMC 2.04.100; provided, that an
election and payment are made as provided in YMC
2.04.030(D)(4). (Ord. 2005-35 § 1, 2005: Ord. 2000-2 § 1,
2000: Ord. 99-10 § 1, 1999: Ord. 94-9 § 2, 1994; Ord.
3210 § 1, 1989: Ord. 2920 §§ 1, 2, 1985; Ord. 2556 § 1,
1981).
2.20.097 Vehicle allowance for city manager.
The city manager shall be paid the amount of three
hundred dollars each month as a vehicle allowance, in
addition to the salary specified in the compensation plan
for city employees. (Ord. 2005-78 § 1, 2005: Ord. 96-86
§ 1, 1996: Ord. 2364 § 1, 1979).
2.20.100 Classification and compensation plan.
A classification and compensation plan for city
employees is hereby adopted to be effective: June 8, 2014.
Pay ranges and pay steps set out in the schedule for the
classifications allocated to these pay ranges shall be in full
force and effective on the date stated above. The pay rates
shall constitute full compensation for those employees
with a work week of forty hours as set out in other sections
of this code. Employees whose work week is less than
forty hours shall be paid at the rate which is in the same
proportion to the rates set out herein within their applica-
ble classification that their work week bears to forty hours.
The hourly rate for those employees of the fire department whose work week exceeds forty hours shall be computed according to the provisions of YMC
2.22.030.
The performance of employees shall be evaluated annually in accordance with a management performance evaluation plan. The result of the perfor-
mance evaluations shall be used by the city manager to determine the salary of each employee in the designated positions and shall be used by the city
council to determine the salary of the city manager, said salaries to be no less than the minimum nor no greater than the maximum set out in the pay range
applicable to the position according to the following schedule:
Job'
6410 9-1-1 CALLTAKER
CS: FIRE Union: IAFF
10302 ACCOUNTANT
CS: CHARTER Union: TEAMSTERS
2312 ACCOUNTING TECHNICIAN
CS: CHARTER Union: AFSCME
11610 ADMIN. ASST. FOR YAKIMA AIR TERMINAL
CS: CHARTER Union: AFSCME
1331 ADMIN. ASST. TO THE CITY MANAGER
CS: EXEMPT Union: NONE
11615 ADMINISTRATIVE ASSISTANT FOR WASTEWATER 980 01/01/2014 22.24 23.36 24.48 25.74 26.99
CS: CHARTER Union: NONE
16101 ADMINISTRATIVE ASSISTANT TO FIRE CHIEF 980SA 01/01/2014 22.78 23.93 25.08 ; 26.36 27.64
CS: FIRE Union: TEAMSTERS
11701 ADMINISTRATIVE ASSISTANT TO POLICE CHIEF 980 01/01/2014 22.24 23.36 24.48 25.74 26.99
CS: CHARTER Union: NONE
590 01/01/2017
01/01/2016
01/01/2015
01/01/2014
975SA 01/01/2014
18.78 19.72 20.74 21.77' 22.86
18.32 1924 20.23 ' 21.24 22.30
17.87 18.77 19.74 20.72 '21.76
17.52 18.40 19.35 20.31 21.33
29.07 30.52 32.03 " 33.66 35.33
12.5 01/01/2017 17.82 18.56 19.45 20.39 21.29
01/01/2016 17.39 '18.11 18.98 - 19.89 20.77
01/01/2015 16.97 17.67 18.52 19.40 20.26
01/01/2014 16.56 17.24 18.07 18.93 19.77
980A 01/01/2017 24.30 25.53 26.76 28.14 29.49
01/01/2016 23.71 24.91 26.11 ` 27.45 28.77
01/01/2015 23.13 24.30 25.47 26.78 28.07
01/01/2014 22.57 23.71 24.85 26.13 27.39
972 01/01/2014 32.86 34.50 36.24 38 04 39.92
10507 ADMINISTRATIVE SECRETARY
CS: CHARTER Union: NONE
983 01/01/2014 19.21 20.19 21.15 22.24 23.36
24.01
23.42
22.85
22.40
nomic value of employee compensation and benefits,
including, but pot limited,to,.salary, longevity, paid leave,
holidays, deferred compensation„;and.,•other_forms of
employee compensation, said change to be measured from
one calendar year to the next succeeding calendar year.
2."Management employees" means all nontempo-
rary;.employees-in the following positions:,,. ;•
(a) Executive series,•as listed in YMC 2.20,100(B);
(b),.„Management series, as . listed, in:,, ,YMC
2,20,1:00(B); , •
„(c.),.; ;Executive support,, series as listed; in YMC
2.20.100(B); ,
(d) Public safety management series, as listed in
YMC 2.20.110(E); , . ,. ,
(e) Union exempt civil service classes, as listed in
YMC 2,20,100(D).
3. , "Management PACA” means the pay and com-
pensation adjustment, for management employees that is
computed each calendar year using the formula set forth in
YMC.2.20.116.
4. "Reference year" means the current, calendar year
for, which the Management PACA is;compute,d and will
become effective on January 1st,
5. "Prior year" means the calendar year immediately
preceding the reference year.
6. • `.`Bargaining unit PACA" means the pay and com-
pensation adjustment for a recognized city of Yakima
employee bargaining unit, as approved for the reference
year by formal action of the Yakima city council.
7. "Average bargaining unit PACA" means the
average of all .bargaining unit PACAs that become effec-
tive during a particular reference year..
8. "Balancing adjustment" ,means the positive or
negative change in -the average bargaining unit PACA for
the prior year, which change has occurred after computa-
tion, of the management PACA for the prior year due to
delayed resolution of bargaining unit negotiations. This
change must be incorporated into.thecomputation of the
management PACA for the reference year in order to
achieve equality between the management PACA and the
average bargaining unit PACA. (Ord. 95-16 § 2, 1995;
Ord. 94-83 ,§ 1, 1994).
2.20.116 Management pay and compensation
adjustments.
A. Notice of Anticipated Management PACA. The
city manager or designee shall provide the city council
with written notice at least thirty days before the imple-
mentation date of the anticipated management PACA
based on the latest available projections using the manage-
ment PACA formula in subsection B of this section.
B. Pay and Compensation Adjustment Formula. A
management pay and compensation adjustment shall be
computed as of January 1st of each successive reference
year based upon the following formula:
94e
2.20.1,16
Management PACA .=-Average Bargaining Unit,
PACA + Balancing Adjustment
The computed management PACA shall be ,converted
into dollars for each respective management employee.
classification, and the .amounts thereby :derived shall be
added;:to each -respective management ;employee :salary
schedule effectiveon January, 1st of the reference year,
subj ect.to .change,pursuant,to. subsectionL:of this. section..
The management employee salary' schedules 'asmodified,
shall be:annually codified _in.YMC,2.2001.1.0.Jf the=balaric-
ing'adjustment.is positive es .of January 1,st in is particular
reference year, then management, employees shall'receiv.e
a lump sum payment as deferred earnings from the prior
year'equallo the incremental;amount.that would:have oth-
erwise been paid if bargaining;unitnegOtiatiOflS had !been
resolved at the beginning of the prior year.
'C. ,..Effectivenessrof Paye{and ;Compensation :Adjust-
ments. Management pay- and compensation adjustments,
as computedinsubsectionRof:this.section,-shallhe;effec-
tive on January,1st of eacbsuccessive.reference_year, sub-
ject to the city council's authority, to cancel, decrease,
increase or otherwise change the management PACA by
adopting amendatory legislation at least .fifteen days
before the management PACA implementation,date. •
D. Retroactive Payment of Deferred Earnings. In the
event that -there are no known bargaining unit PACAs as
of January 1st of -the reference year, due to unresolved bar-
gaining unit negotiations, thereby yielding an average bar-
gaining unit PACA equal to, zero, then computation. of the
management PACA for that reference year shall be post-
poned and computed' on June 30th of the 'reference year
and.paid retroactively to.January last of the,reference year,
The formula set forth in subsection B of this section shall
be used for this June 30th computation. Under this circum-
stance, the city council and management employees agree
that payment of the management PACA is deferred until
the June 30th computation. During such six-month defer-
ral period, management employees shall be paid in accor-
dance with the preceding year's salary schedule; but such
compensation shall be deemed to be less than the total
compensation to be paid for the services provided during
said deferral period.
E. Satisfactory Perforrnance Condition. A manage-
ment employee shall receive the:PACA provided for in
this section, conditioned upon satisfactory performance
under the.employee merit pay plan,.and subject to change
pursuant to subsection C of this section.
F. Agreement for Deferred Earnings. Whenever
there are any unresolved bargaining unit negotiations as of
January 1st of the reference'year, then it shall be under-
stood and agreed between the city council and the man-
agement employees that management employees will be
paid an amount less than their total compensation for the
reference year until such time as all bargaining unit nego-
(Yakima 12-12)
2.20.117
tiations have been resolved and the incremental manage-
ment PACA can be precisely computed and paid
retroactively as deferred earnings.
G. Nonexclusive Adjustment Process. The manage-
ment pay and compensation adjustments provided for in
this section shall not be deemed to be an exclusive process
for adjusting management pay and compensation, and the
city council may wish to consider pay and compensation
adjustments based upon comparative studies conducted
pursuant to YMC 2.20.030.
H. Examples of Management PACA Computations.
The following hypothetical examples illustrate how the
management PACA formula operates:
Example 1: Bargaining Unit Negotiations Com-
pleted in First Half of Reference Year.
As of January 1st of particular year, the average of
all known bargaining unit PACAs to be effective
during that year is 2.2%. There were no delayed bar-
gaining unit negotiations during the prior year so the
balancing adjustment is zero. Therefore, the manage-
ment PACA to be effective on January 1st of the ref-
erence year is 2.2%. Assuming that delayed
bargaining unit negotiations for the reference year are
resolved before June 30th, resulting in a revised aver-
age bargaining unit PACA for the reference year
equal to 3.0%, then the revised management PACA is
also 3.0%. This means that management employees
have deferred earnings for January through June of
the reference year in the differential amount of 0.8%
of base salary over the six-month period. This per-
centage amount will be converted into dollars and
added to the next management employee paycheck as
lump sum deferred earnings. The management em-
ployee salary schedules will also be adjusted to re-
flect the 0.8% positive adjustment.
Example 2: Bargaining Unit Negotiations Com-
pleted in Second Half of Reference Year With Posi-
tive Balancing Adjustment.
As of January l st of a particular year, the average
of all bargaining unit PACAs to be effective during
that year is 2.0%. Unresolved bargaining unit negoti-
ations during the prior year were settled in the second
half of the prior year, resulting in a positive balancing
adjustment of + 0.5%. Reference year management
PACA equals 2.0% + 0.5%, for a total management
PACA of 2.5%. The management employee salary
schedules will be adjusted to reflect a total 2.5% pos-
itive adjustment. In addition, the 0.5% positive bal-
ancing adjustment will be converted into dollars and
added as a lump sum payment into the next manage-
ment employee paycheck as deferred earnings.
(Yakima 12-12)
94f
Example 3: Bargaining Unit Negotiations Com-
pleted in Second Half of Reference Year With Nega-
tive Balancing Adjustment.
The same facts arise in this example as in Example
2 above, with the exception that there is a negative
balancing adjustment equal to minus 0.5%. Reference
year management PACA equals 2.0% minus 0.5% for
a total management PACA of 1.5%. The management
employee salary schedules will be adjusted to reflect
this total 1.5% positive adjustment. There is no retro-
active pay adjustment for the prior year.
(Ord. 94-83 § 2, 1994).
2.20.117 Management salary schedule separation.
It is the policy of the city of Yakima that managers and
supervisors shall receive salaries that are a minimum of
five percent higher than subordinate employees. When-
ever management employee group salary schedules are
changed or adjusted, a minimum positive five percent sep-
aration above bargaining unit salary schedules shall be
maintained. Within the management employee group, sal-
ary schedules for management employees with supervi-
sory responsibility shall be maintained at a minimum
positive five percent separation above subordinate
employee salary schedules. As used in this section, the
term "management employee" means those positions
identified in YMC 2.20.115(2). (Ord. 94-83 § 3,1994).
2.20.118 Management employee disability
insurance.
There is established a voluntary, employee -paid dis-
ability insurance program utilizing the payroll deduction
process for participating management employees, as
defined in YMC 2.20 115. The city director of finance and
budget is authorized to implement and operate this disabil-
ity insurance program using the city's payroll deduction
system. (Ord. 94-83 § 4, 1994).
2.20.120 Shift differential.
Effective January 1, 1979, any employee within the
bargaining unit of the American Federation of State,
County and Municipal Employees will be paid a shift dif-
ferential premium equal to an additional two percent per
hour over that employee's base pay for all hours worked
(rounded to the nearest one-half hour) by the employee
between the hours of six p.m. and six a.m. during that
employee's regularly scheduled shift, provided, effective
January 1, 1980, the rate of the shift differential premium
shall be increased to four percent per hour over base pay.
(Ord. 2265 § 2, 1979).
2.20.130 Management group tax deferred
compensation plan.
Commencing May 1, 1995, each member of the man-
agement employee group, as defined below, shall partici-
pate in a tax deferred compensation plan adopted or
approved by the city and shall be paid, in addition to that
employee's monthly salary as established by the compen-
sation plan, deferred earned compensation each month in
an amount equal to three percent of said monthly salary.
Effective December 9, 2012 (or as individually negoti-
ated between the city and prospective employees prior to
the effective date of this amendment), newly hired
employees of the management group will not be eligible,
nor shall participate, in the tax deferred compensation
plan.
The management employee group, as that term is used
in this section, is composed of any nontemporary
employee in the following positions:
(1) Executive series, as listed in YMC 2.20.100(B);
(2) Management series, as listed in YMC
2.20.100(B);
(3) Executive support series as listed in YMC
2.20.100(B);
(4) Public safety management series, as listed in
YMC 2,20.100(E);
(5) Union exempt management support group, as
listed in YMC 2.20.100(D);
(6) Union exempt supervisory group, as listed in
YMC 2.20.110(H);
(7) Union exempt fire civil service, as listed in YMC
2.20.100(K). (Ord, 2012-42 § 1, 2012: Ord. 95-18 § 1,
1995: Ord. 3504 § 2, 1992: Ord. 3500 § 1, 1992: Ord. 2873
§ 1, 1985: Ord. 2689 § 1, 1983).
2.20.150 Management personnel Section 125 plan.
A. The Section 125 spending plan for the city of
Yakima as contemplated by 26 U.S.C. Section 125 is
adopted for (1) all management employees, as defined
below; (2) employees covered by the LEOFF labor agree-
ment with IAFF Local No. 469; and (3) such other collec-
tive bargaining units for which this benefit has been
included in a collective bargaining agreement approved
by resolution of the city of Yakima city council.
"Management employees", as that term is used in this
section, refers to all nontemporary employees in the fol-
lowing positions:
(1) Executive series, as listed in YMC 2,20.100(B);
(2) Management series, as listed in YMC
2.20.100(B);
(3) Executive support series as listed in YMC
2.20.100(B);
(4) Public safety management series, as listed in
YMC 2.20.1 10(E);
(5) Union exempt management support group, as
listed in YMC 2,20.100(D);
94g
2.20.130
(6) Union exempt supervisory group, as listed in
YMC 2.20.110(H);
(7) Union exempt fire civil service, as listed in YMC
2.20.110(K).
B. The Section 125 spending plan shall be on file in
the office of human resources and may be further
amended by the city manager with respect to its amounts
of contribution and services; provided, that such amend-
ments are made in written form and filed with the original
plan. (Ord.' 3504 §'2, 1992: Ord. 3500 §'1, 1992: Ord.
3430 § 1, 1991).
(Yakima 12-12)
O
Chapter 2.22
I�tE DEPARTMENT—WORIONG CONDITIONS
Sections:
2.22.010
2.22.020
2.22.030
2.22.040
2.22.050
2.22.060
2.22.070
2.22.075
2.22.080
Workweek.
Calling off-duty firefighters in an
emergency.
Compensation.
Overtime pay.
Special assignment pay.
Time -off privileges—Vacation
leave.
Time -off privileges—
Compassionate leave.
Time -off privileges—Sick leave.
Holidays.
2.22.010 Workweek
A. The fire chief, the battalion chief assigned as train-
ing officer, the fire marshal, fire inspectors and all other
day personnel not working a shift shall work a basic
workweek of forty hours and standard workday of eight
hours.
B. Battalion chiefs, captains, lieutenants, and
firefighters in the fire combat division working shifts
shall work a basic average workweek of fifty-five hours
and a standard work shift of twenty-four hours effective
January 1, 1976; and shall work a basic average work-
week of fifty-four hours and a standard shift of twenty-
four hours effective January 1, 1977.
C. Alarm operators shall work a basic workweek of
forty hours and a standard work shift as established by
the fire chief. (Ord. 1922 § 2 (part), 1976).
2.22.020 Calling off-duty firefighters in an
emergency.
In the event of a threatening or unusual conflagration
or other emergency, the fire chief, his assistant or other
person in charge or command of the fire department,
shall have the power and authority to summon any or all
firefighters who may be off-duty to assist in the protec-
tion of life and property. (Ord. 1922 § 2 (part), 1976).
2.22.030 Compensation.
Effective January 1, 1976, compensation for personnel
in all classifications and positions in the fire department
shall be that set out in Section 2.20.110 except that em-
ployees whose basic workweek is an average of fifty-five
hours per week shall be paid at an hourly rate computed
by dividing such employee's basic monthly salary by a
factor of 238.33. Effective January 1, 1977, employees
whose basic workweek is an average of fifty-four hours
per week shall be paid at an hourly rate computed by
94-1
2.22.010
dividing such employee's basic monthly salary by a
factor of 234.00. (Ord. 1922§'2 (part), 1976).
2.22.040 Overtime pay.
A. Overtime pay will be allowed for members of•the
fire department; except, battalion chiefs and fire chief,
when required to work in excess of their°basic workweek
or,their standard workday, or shift at the rates set out in
subsection B of this section. -
B. Overtime pay rates for fire department employees
below the rank of battalion chief shall be computed in the
following manner:
1. Effective January 1, 1976, when personnel are
called from off -shift in order to maintain minimum fire
combat strength as determined by the city council, the
hourly overtime pay rate shall be computed 'by dividing
such employee's basic monthly salary by 238:33 and
multiplying the result by 1.5. Effective January 1, 1977,
the hourly overtime pay rate shall be computed by divid-
ing such employee's basic monthly salary by 234.00 and
multiplying the result by 1.5.
2. When personnel are called from off-duty by the
fire chief or his designate because of a fire, the hourly
rate shall be computed by dividing the basic monthly
salary by 173.33 and multiplying the result by 1.5.
3. A minimum of two hours of overtime pay shall
be allowed for any callback from off -shift
C. Fractions of an hour served on overtime duty shall
be rounded to the next full hour for the purpose of com-
puting amount of overtime.
1. When a shift battalion chief is required to provide
work coverage for a shift battalion position vacancy, the
battalion chief shall be paid at a straight time rate equal
to the top step hourly rate for a shift battalion chief for
each hour of work performed in excess of his/her regular
51.38 hour workweek.
2. When a shift battalion chief is called back from
off-duty by the fire chief or his/her designee to perform
work due to an emergency, the battalion chief shall be
paid at an hourly rate computed by dividing his/her basic
monthly salary by 173.33 and multiplying the result by
1.5.
3. When a shift battalion chief is required to perform
work in excess of their regular 51.38 hour workweek due
to a Washington State mobilization effort, the battalion
chief shall be paid at an hourly rate computed by dividing
his/her monthly salary by 222.66 and multiplying the
result by 1.5. (Ord. 2000-16 § 1, 2000: Ord. 2014 § 1,
1976: Ord. 1922 § 2 (part), 1976).
2.22.050 Special assignment pay.
When any member of the fire department is tempo-
rarily assigned by the fire chief or his designate to a
position in a higher classification for a period of six
(Yakima fl-oo)
2.22.050
hours or longer, such member shall be paid at the pay
step in the range in that higher classification which is
next greater in amount than his current salary. (Ord. 1922
§ 2 (part), 1976).
2.22.060 Time -off privileges—Vacation leave.
A. There shall be an earned leave account established
for each employee of the Yakima fire department. Accru-
(Yakima 11-00)
94-2
als to the earned leave account shall be in the following
amounts:
1. Day Shift Employees. There shall be an earned
leave account established for each employee of the
Yakima fire department working straight day shifts.
Accruals to that earned leave account shall be at the
following rates, effective January 1, 1978:
Continuous Service
in Years
At Least
0
3
7
10
15
20
Less Than
3
7
10
15
20
Full Calendar
Monthly Accrual
(Hours)
6-67/100
8
10
12
14
16
HrsJYr.Day/Yr.
80 10
96 12
120 15
144 18
168 21
192 24
2. All other members of the department who are
working shifts and who are not included in subsection 1
of this section shall accrue vacation leave at the following
rates:
a. Ten hours for each full calendar month for those
with less than ten years of continuous service;
b. Fourteen hours for each full calendar month for
those with ten or more years of continuous service.
B. Vacation leave accumulated at the end of six
months may be taken in the seventh month and each
month thereafter as accumulated.
C. All vacation leave must be requested in advance
and approved by the fire chief or his designate.
D. Vacation leave must be taken at such times as the
employee can be spared, but an employee will be allowed
to take his leave when he desires if it is possible to
schedule it at that time.
E. Accumulation of vacation leave shall be as fol-
lows:
1. Management personnel on day assignments, other
LEOFF personnel working days and non-LEOFF person-
nel, shall accrue vacation leave to a maximum of two
hundred forty hours.
2. Department employees under LEOFF working shifts
shall accumulate earned leave to a total of three hundred
thirty-six hours; provided, that in an emergency or due
to absences in the workforce which reduce the workforce
below minimum staff level, the city manager may autho-
rize accumulation of earned leave in excess of three
hundred thirty-six hours for the duration of such emer-
gency or for a period of time that the city manager may
designate, with such additional hours to be credited to
leave and taken in accordance with subsections C and D
of this section.
3. Employees transferring from shift to day work
shall not have the vacation portion of their earned leave
95
2.22.060
reduced. from the number of: hours accrued to -the date of
transfer. (Ord. 2040 § 1, 1977;' Ord. .1922 § 2 .(part),
- -
2.22.070 Time -off privileges—Compassionate leave.
.A. :Employees . not under -LEOFF shall be granted
compassionate leave in accordance with. Section 2.40.030.
' B. Employees under LEOFF shall be -granted com-
passionate.leave_asfollows:._. ; :..
1
1.. In the:evenof death, of the
t,immedi-
ate family of an..eniployee ,or :employee's spouse; as
defined in subsection B(4) of Section 2.40.030,shall 'be
-granted:leave with pay not to exceed:three calendar days;
.provided, however, that'additional•leave with pay -maybe
granted when recommendedttrthe:fre chiefior.his desig-
:nate-and approved,by-the -city manager or his designate.
_ 2. In; the event .of.:serious- injur or illness ,tq=mem-
bers of -an employee's immediate family living with -and
dependent upon the ernployee:- and constituting: an- emer-
°gency or crisis, the,employee-may be 'granted leave with
pay..Any leave with pay for this purpose must'be_recom-
mended by the fire chief or his designate and approved
by:'the city manager -or. his designate. (Ord. 1922 § 2
(part), 1976).
2.22.075 Time -off privileges—Sick leave..
A. Each employee of :the Yakima fire department
who is covered under provisions of Chapter 41.26 of:the
Revised Code of Washington, but whose .effective date
of initial employmen't'as a firefighter orpolice officer by
any employer is on or after October 1, 1977,.so 'thatsuch
employee is not entitled to disability leave pursuant to
Chapter 41.26 of the Revised Code of Washington, shall
be granted sick leave with pay in accordance with the
provisions of this section.
B. A sick leave account shall be established for each
such eligible employee, by which account each employee
shall be credited with twelve shifts of sick leave upon
employment.
C. Accrual. Sick leave with pay shall accrue at the
rate of one working shift of leave for each full calendar
month of the eligible employee's continuous service with
the fire department, provided no sick leave shall accrue
during the first twelve months of employment.
D. Permissible use of sick leave: eligible employees
shall be granted sick leave with pay for the reasons speci-
fied by subsection B of Section 2.40.030 of this code.
(Ord. 2240 § 1, 1978).
2.22.080 Holidays.
A. All members of the fire department who are not
by the nature of their work required to provide a
twenty -four -hour -per -day service, seven days a week,
shall be granted holidays as set out in Section 2.40.080.
2.22.080
B. Employees of the fire department who, by the
nature of their work, are required to provide a
twenty -four -hour -per -day service, seven days per week,
shall be entitled to time off in lieu of holidays as follows:
1. Members of the fire combat division who are
working an average workweek of fifty-five hours effec-
tive January 1, 1976, and fifty-four hours effective Janu-
ary 1, 1977, shall receive four twenty -four-hour shifts off
with pay each year. Eight hours of time off in lieu of
holidays shall be considered to be earned each month and
such time shall be added to each employee's earned leave
account.
2. Alarm operators shall receive eight hours of time
off in lieu of each holiday set forth in Section 2.40.080
and these holidays will be subject to the same conditions
as those for other city employees. Time off in lieu of
holidays for alarm operators shall be earned for the
month in which the holiday occurred and the time shall
be credited to each employee's earned leave account.
C. All time off in lieu of holidays must be requested
in advance and approved by the fire chief or his desig-
nate.
D. Time off in lieu of holidays must be taken at such
time as the employee can be spared but an employee will
be allowed such time off when he desires if it is possible
to schedule it at that time.
E. The use of accumulated earned leave time attribut-
able to time off in lieu of holidays shall be allowed from
the date of employment, provided, the employee must
have a minimum time of one full shift accrued. (Ord.
1922 §2 (part), 1976).
96
Sections:
2.24.010
2.24.015
2.24.020
2.24.010 Longevity plan—Eligibility—
Restrictions.
A. Effective January 1, 1979, those employees of the
city of Yakima who are within the bargaining unit of the
American Federation of State, County and Municipal
Employees who are regularly and continuously employed
full-time, and permanent seasonal employees, who have
completed periods of service as hereinafter set forth, shall
receive compensation, called longevity pay, in addition to
their regular salary, according to the following schedule to
be paid on the first applicable day following the thirty-first
day of December and the thirtieth day of June of each
year; provided, that seasonal employees shall be paid any
longevity pay to which they may be entitled upon the ter-
mination of any season worked.
Chapter 2.24
LONGEVITY PLAN
Longevity plan—Eligibility—
Restrictions.
Longevity plan—Service
recognition award.
Leave of absence for service in
Armed Forces.
Years Service
At least 60 months and less than
120 months
At least 120 months and less than
180 months
At least 180 months and less than
240 months
240 months or more
Longevity
Compensation
$20.00 per month
30.00 per month
40.00 per month
50.00 per month
B. Effective January 1, 2002, all management
employees as defined in YMC 2.20,115* shall receive
compensation, called longevity pay, in addition to their
regular salary, according to the following schedule, to be
paid on the first applicable day following the thirty-first
* "Management employees" defined in YMC 2.20.115 means all non -
temporary employees listed in the "executive series" (YMC
2.20.100(B)), "management series" (YMC 2.20.100(B)), "executive
support series" (YMC 2.20.100(B)), "public safety management
series" (YMC 2.20.100(E)), and "union exempt civil service
classes" (YMC 2.20. I 00(D)).
97
224:010
day of December and ,the thirtieth day .of June of each
year.
:Yea rs ofService
5
1'5
20
24
.Percent of Base,Pay.
2.0 '
5,0'
6.5-
9.0
,Effective :January, ,1, 2003, .a11., such -management
employees,shall.receiyedongevity pay, in -addition to their
regular salary„ according to the following; schedule, to.be
paid .on the, first,applicable day follovring, the thirty-first
day;, of, December;and,the thirtieth ,,day of,,June; of, each
year. Effective.,,January 1, 2006, 'municipal.judges, shall
not receive.;Iongevity pay.
" t !'!Y:
- Years-of.Service
5
10
15
20
24
Percent of Base Pay
2.5
4.0
7.0
10:0
Effective December 9., 2012 (oras individually negoti-
ated between the city and prospective employees prior to
the effective date of this amendment), newly hired
employees of the management group shall not receive lon-
gevity pay.
C. Upon termination of employment of anyone enti-
tled to longevity pay, except upon the seasonal termina-
tion of seasonal employees, such person shall receive a
longevity payment, according to the above schedule, for
the number of months of eligibility served by such
employee from the date on which the immediately previ-
ous longevity payment was made. Such payment shall not
be made for fractions of a month, and if termination of
employment occurs on or before the fifteenth day of any
month, that month shall not be counted as one for which
longevity pay is to be made, and if termination of employ-
ment occurs after the fifteenth day of any month, that
month shall be counted as one full month for which lon-
gevity pay is to be made.
D. •No longevity pay shall be paid to any employee
who is discharged from employment for disciplinary rea-
sons, or who terminates his employment without giving at
least two weeks' notice in writing of such termination.
E. Employees covered by the Washington State Law
Enforcement Officers' and Firefighters' Retirement Sys-
tem who terminate their employment after disability leave
(Yakima 12-12)
2.24.015
and are placed on disability retirement shall receive lon-
gevity pay for the period of disability leave as provided in
Chapter 41.26 of the Revised Code of Washington. (Ord.
2012-41 § 1, 2012: Ord. 2005-85 § 2, 2005; Ord. 2001-63
§ 1, 2001; Ord. 95-16 § 1, 1995; Ord. 94-83 § 5, 1994:
Ord. 3403 § 5, 1991; Ord. 2384 § 1, 1980; Ord. 2275 § 2,
1979; Ord. 2265 § 3, 1979; Ord. 2153 § 4, 1978: Ord. 2051
§ 2, 1977: Ord. 1910 § 1, 1976: Ord. 1474 § 2, 1972: Ord.
748, 1965: Ord. 583 § 2, 1964: Ord. 85 § 1, 1960).
2.24.015 Longevity plan—Service recognition
award.
As each employee becomes entitled to the longevity
pay provided by YMC 2.24.010, that employee shall
receive longevity compensation, in addition to the regular
salary and such longevity pay, to consist of a five-year
incremental service recognition award in the form of a pin,
pendant or similar item of jewelry as determined from
time to time by the city manager; and one such recognition
award shall be further made to each such employee for
each five years of service as a city employee in excess of
twenty years. (Ord. 2101 § 1, 1977).
2.24.020 Leave of absence for service in Armed
Forces.
Leave of absence for service in the Armed Forces of the
United States shall be regarded as continuous employment
in determining eligibility for such compensation, but shall
not entitle such person to receive said compensation for
the leave period. (Ord. 85 § 2, 1960).
(Yakima 12-12)
98
Chapter 2.36 _
RETIREMENT,PLOPARTICIPATIOist, '
Sections:' ;.
2.36010 ;`;,..,;:; • PUbliCIEMPIclecA0irillenii
System adopted-7,Menibership,
2.36.010,i) :Public:Emplayee;Retiremetit Systeni
adc,ptettMeniberghip,
The city: of :Yakima, Washington,has and elects to par-
ticipate inthe Public Brriployees Retirement...;System. as
provided 'for hy'iChaptef F41;40 :ofthe ,Reyisedy:code:ofil;:,
Washington! All 'eruplOyeesaud .tofficers:uthe,„City of
Yakima.Shall beineltidediinssaidsystem;,eZCept,the;mem7i
hers of the Tire department and of'gld'.fpOlicelkeparttnent
who ;are, members-pftheTolice and Jfire,pei•Ounsystem;
proVideCthenb)elettiveoffiCiat'Shallibe#dlUded;unless
such official so elects ancl:files:;a'.Written i.notiCe•otsuCh
election with:the-,board,of trustee&,pfAhe pensiOtp.:,system
and dimity clerk. (Ord.T93,50!§ -5;119931 IOrd. 322::.], :.
1962; Ord. B-858 § 1, 1948).
99
, p.c.? !•'
•
2.36.010
(Yakima 1-14)
2.40.010
Sections:
2.40.010
2.40.020
2.40.030
2.40.035
2.40.040
2.40.050
2.40.060
2.40.070
2.40.080
2.40.090
2.40.100
2.40.110
2.40.120
Chapter 2.40
LEAVES OF ABSENCE
Eligible employees.
Vacation leave.
Sick leave.
Bereavement leave.
Civil leave.
Military leave.
Leave without pay.
Unauthorized absences.
Holidays with pay.
Workweek.
Overtime pay.
Sick leave transfer (SLT).
Vacation buy-back program.
2.40.010 Eligible employees.
Commencing March 1, 1977, all employees of the city
of Yakima shall be eligible for vacation pay, sick leave,
civil leave, military leave and holiday pay as provided in
this chapter, except as follows:
1. Temporary or emergency employees shall not be
eligible for any leave or holiday privileges. Employees in
permanent seasonal positions shall be eligible for all leave
privileges except vacation leave.
2. Leave and holiday privileges for fire department
personnel shall be governed by Chapter 2.22 of this code.
3. Police department employees and fire department
employees eligible for benefits provided by the Law
Enforcement Officers' and Firefighters' Retirement Sys-
tem, RCW Chapter 41.26, shall not be entitled to sick
leave benefits conferred by this chapter; provided, such
employees shall be accorded leaves of absence as pro-
vided by YMC 2.40.030(B)(4) and (B)(5). (Ord. 2051 § 3,
1977: Ord. 1938 § 1, 1976: Ord. 1468 § 1, 1972: Ord. 1451
§ 1, 1972: Ord. 447 § 1, 1963: Ord. 69 § 1, 1960).
2.40.020 Vacation leave.
A. Rate of Accrual of Vacation Leave.
(I) Effective January 1, 1979, each eligible employee
within the bargaining unit of the American Federation of
State, County and Municipal Employees shall earn vaca-
tion leave at the following rates:
a. Employees with one full year of service shall earn
ten working days, five of which may be taken after six
months of service;
b. Employees with two full years of service shall
earn twelve working days;
c. Employees with five full years of service shall
eam fifteen working days;
d. Employees with ten full years of service shall
earn nineteen working days;
(Yakima 1-14)
100
e. Employees with more than fifteen full years of
service shall earn twenty-two days.
(2) Effective October 24, 1991, all management
employees as defined in YMC 2.04.030(B), the chief of
the fire department and the chief, captains and lieutenants
of the police department shall be entitled to vacation leave
at the following rates:
a. Employees with less than two years of service
shall earn eight hours per full month of service (twelve
days per year);
b. Employees with two years or more but less than
six years of service shall earn nine and one-third hours per
full month of service (fourteen days per year);
c. Employees with six years or more but less than
ten years of service shall earn twelve hours per full month
of service (eighteen days per year);
d. Employees with ten years or more but less than
fifteen years of service shall earn fourteen hours per
month of service (twenty-one days per year);
e. Employees with fifteen or more years of service
shall earn sixteen hours per full month of service (twenty-
four days per year).
(3) Effective January 1, 1979, police patrolmen and
sergeants shall earn vacation leave at the following hourly
rates for each full calendar month of service:
a. Employees with less than three years of service
shall earn six and sixty -seven -hundredths hours;
b. Employees with three years or more but Less than
six years of service shall earn eight hours;
c. Employees with six or more but less than ten
years of service shall earn nine and thirty -three -hun-
dredths hours;
d. Employees with ten or more but less than fifteen
years of service shall earn twelve hours;
e. Employees with more than fifteen years of service
shall earn fourteen hours.
B. Accumulation of Vacation.
(1) An employee within the bargaining unit of the
American Federation of State, County and Municipal
Employees may accumulate vacation leave time in an
amount equal to the vacation time the employee earns
during two years of service, according to the accrual rate
specified in subsection (A)(1) of this section.
(2) Subject to subsection (B)(3) of this section, an
employee in the exempt classification, as specified in
YMC 2.20.100, the chief and deputy chief of the fire
department and the chief, captains and lieutenants of the
police department may accumulate vacation leave time in
an amount equal to the vacation time the employee earns
during two years of service, according to the accrual rate
specified in subsection (A)(2) of this section.
(3) Effective January 1, 1998, for the chief and dep-
uty chief of the fire department, and the chief, captains,
and lieutenants of the police department, at the end of each
year any vacation leave accumulated in excess of the lim-
its specified in subsection (B)(2) of this section shall be
paid to the respective employee at therate of one hundred
percent of _the ,emplOYees base wage in, effect as
df
December 3-1st-.9f-tliat year; _provided, however, that the
•
employee must use at least seventy-five percent of hia7lier:_,,
vacation leaVe•accrueclduring that yeariri order to qualify,
for the payment, ,u.nless„sonie or all of the-. employee's,,
soheduled'yacation leave Use*. that year is cancelled and,:
cannot be rescheduled that year, and suCh-preVent.sthe
employee fromcornplying.with the seyerity-five p,ercent,,
vacation leave userequiretnerit, At:the end of eaCkyear all
vacation leave accrued in ,excess ofthelimits:SPecified:•41',:,
subsection „49(4 of this section, ,,but for 'whichthe;
employee .does ;not :qualify for -payment, ;Sliail'bedranS:-.
ferred:to the management extended lishedunderYMC24O 1•10‘..
(4) All other emPlOYees,..Coyered, by this chapter
except
except.those.affected by subsections ;(13)(i) and, (3)(2)-Ofi'''
this Lsection may .accuninlate .vacation leave time not
to
exceed ,two hundred .fortylipurs., ,•
City Manager DiSpretipii,41.;.„, , • -
(1:) The city manager shall haye the diScrefiOn to
adjust vacation accruals for allmanagernent employees as
defined in, Ylv10„2„04,03Q(B).
. • •
D. Permissible llse of Vacation ;Accruals with Tay.
(1)),,,,Vacation,F1eave accumulated at the end,,,of six
months of service may be taken in the seventh yrtonthand
eachinonth thereafter as accumulated: • ,
(2)., ,Vacation leave must be taken ,at.stich,timeas the.
employee. can: be, spared„but,amemployee will,be„ai lowed
to take:his leavemhen hedesires,•if it ispOSsiblet.6 sched-
ule itlat that time..
(3).' All •vacation leave must .be requested in advance
and 'approved 'by: the employees -clepartinent-ftead,- , •• •
E. Terminal Leave. ,•
(1) A permanent employee,1when.leavingithe. service
of thecityin good, standing' andWho•has given atleast two
weeks' notice of hisintention,to leave, ,shalL be:compen-
sated for vacation leave earned .and accumulated to the
date of separation.
•
(2) No. compensation for vacation leave•shall.he pay-
ableto any employee who terminates his .employment or
is terminated beforeihe has completed six months. of ser,
vice • .,,• „ •
(3) Any eligible employee who is discharged or
resigns as a result of disciplinary:actionshall be entitled to
be compensated for only, that vacation leave -which was
earned in preceding calendar years.and not usectattime of
separation. This provision alsoshall apply to employees
who quit without giving the. notice specified in subsection
(E)(1) of this section.
(4) Terminal leave shall be computed by multiplying
the hourly rate in effect at the time of termination by the
number of hours accumulated.
101
F. Reporting. Vacation leave with pay shall be
reported to the personneldepartment on forms and accord
ing to procedures as specifiedby the director '
(Ord. 2013-036 .§.-1, 20.13: Ord._ 98-34 '§1, .1:991i; O.
3403 6,1991; Ord. 2363 §'§ 1, 2, 1980; Ord, 2265 § 4;
1979; Ord. 2153 § 5,1978;Ord. 1901 §1,1976; Or& 1900:-.-' •
§ 1, 1976;' Ord'. 1745, § 6, '1975: Ord. i 614 .§'6, 1974;. Ord'?
1474 §. 3,1972; Ord. 4408 § 1, ,i72;Oid. 1402 § I,
Ord. 1317 § 1, 1971; Ord. 447 § 2, 1963: Ord. 69
(part), 1.960).
2.40.030Sick leave.
•,,,
, Accrual.
(1) Effective October employees except -
management employees aS.definedin .sub Secti Mit?ofthis
section and e)cCe0terrii3lOyees.cpvered.b);'the Washington
StatLaWEnforeeifientOffiCeti'and FirefighterS'Retite-'
ment-Systern shalf-ac4ue'Sfak !leave at the rate of one
working ti4y, of leavelor-each.:full' calendar inen&Ofilie -
employees serVieeWitli the city Unused sick leave may
be aceurmilated'foran:tin]irnited,maxiniuin penod:"
(2) 'trPoil initial-eiriployinerit,.,nrianage*nt employ::' •
ees as defined inisithSedtionD'of tbis,,.seCtibif Shall'aceriie
sick leave at the rate *irking days 9fleaVe:toteachl
of the first six, thil'Oalendat months of the. einP1 OYee'ss ser-
vice with the city, and pO.Siele,leaVe Shalt•aCeiiiefor any
such.,eipPloYee•fOr the seVenth.thiOith•the twelfth
full cal-
endaimonths ThereafteKOminenCini:Vithlhe
thirteen&fiilr'calendai,3thopth!, of service, each
shall, accrue. sick leave at the rate, of 'one working day ,Of
leave for:464,441 calendar MOnth Otse'rVideljnuSed sick
leave may beaccumulated for an unhmited maxununi
period,. ,
••
.1. A
B.. Peitnissible Vset:of SiCla,eaVe;, etnplOyee,pli-
giblelor sick leave.with pajh.all be. granted such leave
,
for the.following reasons:
1. Personal illness or physical incapacity' resulting:
from causes beyond employee's COptiOk-
2. Quarantine of employee due to exposure to a con-
A- • ..
tagious disease;
• • • .
3. On -the job injuries, any employee receiving sick
leave with pay, who is, eligible 'for time Joss payments
under, ,the workman's ,compensation law shaij,. for the
duration of such payment, receive onljt:that portion Of the
employee's regular salary which, together with said'pa-'
ments,. will:equal, the employee', s regular salary In In order
not to work an undue hardship on the employee caused by
the timelag involved in,time,-loss, payment's, theemployee
shall be paid full salary and on receipt of time -loss pay-
ments shall endorse such payments to the cit, Said
employeeshall, be charged with sick leave, only for that
portion of the employee's regular salary for which the city
is not reimbursed by the workman's compensation pay-
ments endorsed to the city;
(Yakima 1-14)
2.40.030
4. Subject to and in accordance with YMC 2.40.035,
the death of a member of the immediate family of an
employee or employee's spouse;
5. Illness and disability caused or contributed to by
pregnancy, miscarriage, abortion, or childbirth;
6. Sick leave shall not be allowed for any period of
time that the employee is gainfully employed by another
employer;
7. Leave taken pursuant to and in accordance with
the Family and Medical Leave Act of 1993 and the FMLA
policy of the city of Yakima;
8. To care for a child of the employee with a health
condition that requires treatment or supervision; "child"
as used herein means a biological, adopted, or foster child,
a stepchild, a legal ward, or a child of a person standing in
loco parentis who is (a) under eighteen years of age or (b)
eighteen years of age or older and incapable of self-care
because of a mental or physical disability;
9. To care for a spouse, parent, parent -in-law, or
grandparent of an employee who has a serious health con-
dition or an emergency condition; "parent" as used herein
includes an individual who stood in loco parentis to an
employee when the employee was a child.
C. Requirements for All Paid Sick Leave.
(1) Every employee must report to the representative
designated by his department head the reason for the
absence as far in advance of the starting of his scheduled
work day as possible, but in no event shall this report be
made later than the first day of absence.
(2) An employee must_ keep, his department head
informed .of his- condition if absence is- of more than three
working days in duration.
(3) For each absence an employee must submit upon
the approved form an explanation of the reason for such
absence. A statement by the attending physician may be
required if an absence caused by illness or injury extends
beyond three working days, or for each absence, if
requested by the department head.
(4) Employees must permit home visits or medical
examinations at the expense and convenience of the city.
D. Enforcement of Sick Leave Provisions.
(1) Any failure to comply with the provisions of sub-
section C of this section shall be grounds for denial of sick
leave with pay for the period of absence.
(2) Misrepresentation of any material facts in con-
nection with paid sick leave by any employee shall consti-
tute grounds for suspension or discharge.
(3) It shall be the responsibility of the department
head or his designated representative to:
a. Review all applications for sick leave and
approve those which are bona fide and comply with the
provisions of this section and forward same to the person-
nel department. The director of personnel shall not certify
the payment of sick leave until the approved applications
have been received, except that employees still absent at
(Yakima 1-14)
102
the end of a pay period may be certified for payment of
sick leave by the director of personnel upon recommenda-
tion of the department head as indicated by his signing the
time sheet and subject to the receipt of an approved appli-
cation for sick leave pay immediately upon the
employee's return to work;
b. Investigate any suspected abuse of sick leave;
c. Withhold approval of sick leave pay in the event
of unauthorized use;
d. Initiate disciplinary action if, as a result of inves-
tigation, it is determined that an employee has been guilty
of wilful misrepresentation in a request for sick leave pay.
E. Sick Leave Exchange. All management employ-
ees as defined by YMC 2.20.115 may exchange accrued
sick leave for pay or for additional leave time as appropri-
ate, in accordance with the options provided the
employee, subject to the following provisions:
1. Except as otherwise provided in subsection (E)(3)
of this section, exchange of accrued sick leave for cash
will be granted for those employees with less than ninety
days (seven hundred twenty hours) of accrued sick leave
in accordance with the following:
a. Effective January 1, 2002, upon retirement the
employee's accrued sick leave will be exchanged for pay
at the rate of fifty percent of the employee's current base
pay to a maximum of eighteen thousand seven hundred
and fifty dollars.
b. Effective January 1, 2002, upon termination
under honorable conditions, as distinct from retirement,
the employee's accrued sick leave will beexchanged for
pay at the rate of twenty-five percent of the employee's
current base pay to a maximum of eighteen thousand
seven hundred and fifty dollars. Honorable termination
includes layoff for budget reasons, resignation with proper
notice, and position abolition.
2. Except as otherwise provided in subsection (E)(3)
of this section, exchange of accrued sick leave for addi-
tional leave days or for cash will be granted to employees
who have accrued ninety days (seven hundred twenty
hours) or more days subject to the following provisions:
a. Effective January 1, 2002, upon retirement, the
employee's accrued sick leave up through a maximum of
one hundred twenty-five days (one thousand. hours) will
be exchanged for pay at the rate of one hundred percent of
the employee's current base pay to a maximum of thirty-
seven thousand five hundred dollars.
b. Effective January 1, 2002, upon termination
under honorable conditions, as defined in subsection
(E)(1)(b) of this section, as distinct from retirement, the
employee's accrued sick leave up to a maximum of one
hundred twenty-five days (one thousand hours) will be
exchanged for pay at the rate of fifty percent of the
employee' s current base, pay to a maximum of eighteen
thousand seven,hundred and fifty dollars.. ,
c. ,Employees who have accrued more than ninety
days (seven , hundred twenty hours) of sick leave may
exchange such sick leave for bonus (additional) leave days
at the rate of four days of sick 'leave for eachadditional
leave day, notto exceed a total of;five added' leave days
annually, utilization , of which would be ,subject to the
scheduling ,and approval by the department head.
' :3. ' .Effective .January 1, 2002, upon :the .death of an
employee, the employee's, accrued sick leave* through a
maximum of one' hundred twenty-five days (one thousand
hours) will,be exchanged for pay at the rate of'one hundred
•
percent of the employee's current base pay to a.maximum
of thirty-seven thousand five.'hundred dollars;
4. In December•.of each year, any accruals `beyond
the one -hundred -twenty -day ,limitation applicable„ to fire
department employees not covered'by the Washington
State -Law Enforcement Officer's and'Firefighee;'s Retire-
,ment System ,will be automatically exchanged based upon
ttie formula of eight'hours' pay for each thirty-two hours
accrued or a percentage thereof for smaller accruals. Such
pay -will..appear on the employee's final paycheck for the
year.
5 Sick Leave Exchange Procedure. Any manage-
ment employee may exchange accrued sick leave as pro-
vided in subsection (E)(1), (E)(2) or (E)(3) of this section
at the option of the employee, subject to the following
conditions and provisions:
a. A request for such an exchange shall be made to
the director of finance and budget. All requests shall be in
writing and shall be signed by the employee making the
request, or the legal representative of the estate of the
employee in the event of the death of the employee.
b. Requests will be accepted only during the first
five working days of each month with exchanged leave to
be available within fifteen calendar days of the date the
request is received by the office of the director of finance
and budget. Exceptions to the above will be made for
death, termination, layoff or disability retirement.
c. No request will be granted for less than eight
hours' pay or a minimum of three days' leave.
d. No exchange will be granted to an employee who
has been terminated for cause, as defined by civil service.
(Ord. 2005-30 § 1, 2005; Ord. 2003-78 § 1, 2003: Ord.
2001-64 § 1, 2001; Ord. 2000-29 § 1, 2000; Ord. 3403 §
7, 1991; Ord. 3077 § 1, 1988; Ord. 2153 §§ 6, 7, 1978;
Ord. 1828 § 1, 1975; Ord. 1614 § 7, 1974: Ord. 1381 § 1,
1972; Ord. 854 § 4, 1966: Ord. 447 § 3, 1963: Ord. 69 § 1
(part), 1960).
2.40.035 Bereavement leave.
In the event of the death of a member of the immediate
family of a management employee or his/her spouse, the
employee shall be granted up to three days of bereavement
103
2:40.035
leave without loss of pay per calendar year..For purposes
of this section, "immediate family" means husband, wife,
parent, grandparent,: child, grandchild, brother, •or sister of
the employee;or.his`/lier spouse. No:leave of absence in
excess of three; -days for a family death shall:be taken by an
employee unless additional'leaveis recommended by the
employee's department_. head ;and approved by the
appointing authority. Approved leave in excess of three
days for the death"of,a family member,shall be debited
against the: employee' s.:accrued'. sick,; leave,annual-leave,
compensatory time and/or other accrued leave, (Ord.
2001-64 §'2, 2001).
2.40.040.,,Civilaeave ; •
(a)' Anynecessary leave Shallbeallowed by the head
,of, the department to;;perniit any employee to,:serve as a
._member of a• jury,, or to exercisehis other_civil duties. Each
employee who is granted such;leave, and who„for:the per-
formance of the civil duties involved„received; only com-
pensafion, shall be paid by the city.for the time_ he is absent
only; in the 'amount of excess, of his regular salary over the
compensation so received: .,,, „
,(b), Payment for civil leave shall be in accordance
with- the procedure set' out in subsection (B)(3) of YMC
2.40.030. (Ord. 619.§ 1, 1965,', Ord. 447§ 4, 1963: Ord. 69
§ 1.(Part),.1960).
2.40.050 Militairy.'•leave.
,Leave not to exceed,fifteen days during each' calendar
year, over and above annual vacation. or sick leave, may be
allowed any employee who'is a member of the National
_ Guaid or of any organized;reserve or..Armed,fiorces of the
united, States. The.employee will be,paid.his:.normal pay
during such military leave ',period when' taking part in-
active training duty. The term "days” as used in this sec-
tion means calendar day's. No .calendar days shall be
charged against the fifteen -day military leave period for
nonwork days before the •beginning or after the'end.of any
active military leave period. (Ord. 1911 §. 1, 1976: Ord. 69
§ 1. (part),, 1960),
2A0.060 Leave without pay.
' A: All leave without pay :must, be requested and
approved by the department head prior to the beginning
date of:such 'leave.
B. Leave without pay for more than fifteen working
days must be, approved in advance by the appointing
authority.
C. Leave , without pay may be granted to an
employee who has accrued vacation recorded: This sec-
tion shall not be construed as forbidding the use of leave
without pay as a disciplinary measure. (Ord. 182 § 2,
1975: Ord. 1745 § 7, 1975: Ord. 1614 § 8, 1974: Ord. 447
§ 5, 1963: Ord. 69 § 1 (part), 1960).
(Yakima 1-07)
2.40.070
2.40.070 Unauthorized absences.
Unauthorized absences from duty for three consecutive
days shall constitute grounds for discharge at the discre-
tion of the city manager subject to civil service rules and
regulations. (Ord. 447 § 6, 1963: Ord. 69 § 1 (part), 1960).
2.40.080 Holidays with pay.
A. The following days are established as holidays
with pay for all eligible employees of the city of Yakima:
the first day of January (New Year's Day), the third Mon-
day of January (Martin Luther King, Jr. Day), third Mon-
day of February (President's Day), the last Monday of
May (Memorial Day), fourth day of July (Independence
Day), first Monday of September (Labor Day), eleventh
day of November (Veterans' Day), fourth Thursday of
November (Thanksgiving Day), the day immediately fol-
lowing Thanksgiving Day, and the twenty-fifth day of
December (Christmas).
B. In addition to the days specified in subsection A
of this section, all eligible employees shall be entitled to
one paid personal holiday to be selected by the employee
subject to the following conditions:
1. The employee has been or is scheduled to be con-
tinuously employed for the city for more than six months;
2. The employee has given not Less than fourteen
calendar days of written notice to the appointing authority;
provided, however, the employee and the appointing
authority may agree on an earlier date;
3. The appointing authority has approved the day;
4. The day selected does not prevent a department
from providing continued public service and does not
interfere with the efficient operation of the department;
5. The personal day must be taken during the calen-
dar year or entitlement to the day will lapse except when
an employee has requested a personal holiday and the
request has been denied; and
6. The personal holiday is not taken off immediately
before or immediately after another holiday unless
approved by the appointing authority.
C. Except as provided by subsections I and J of this
section, whenever any holiday specified in subsection A
of this section falls on a Saturday, the preceding Friday
shall be scheduled as a holiday for part of the employees
of each city department, and the remaining employees of
each department shall be granted another day off within
thirty days after any such holiday, with such day off to be
scheduled for each employee entitled thereto at a time
determined at the discretion of the department manager to
be practical so as not to interfere with service to the public,
but so as to give the employee the choice of the day pre-
ferred if possible.
D. Except as provided by subsections I and J of this
section, whenever any holiday specified in subsection A
of this section falls on a Sunday, the succeeding Monday
shall be scheduled as a holiday; provided that if a service
(Yakima 1-07)
104
must be provided for the convenience or necessity of the
public on that Monday, the department providing such
service may assign an appropriate number of employees to
work and such employees will be granted an equivalent
day off within thirty days of the holiday with such day off
to be scheduled for each employee entitled thereto at a
time determined by the department head but giving the
employee the choice of the day preferred if possible.
E. Employees shall receive one day's holiday pay at
the straight time rate for each holiday specified in subsec-
tion A of this section on which those employees perform
no work; if the employee performs work on a holiday, that
employee shall receive holiday pay plus overtime pay for
all hours worked, except for employees covered by sub-
sections I and J of this section. The holiday shall be
included as "time worked" at straight time for the purpose
of determining whether an employee .has worked forty
hours in a week.
F. When employees below the level of division head
other than those working on jobs where employees are
scheduled to work in shifts in a service that is rendered
seven days per week and twenty-four hours per day are
required to work on a holiday, they shall be paid for such
work at the rate of time and one-half. in addition to their
regular pay. , . • -
G, ; In the event that a holiday.occurs during ,period,.
of annual leave of an employee, such holiday shall not,be
charged as a day of leave. .,
I -I, ;No ,em.ployee.shall be paid,. for a holiday unless
such employee.is.in:a pay status both the workday.before
and the;workday:after such;holiday except,for employees,,
working special.schedules wherein holidays are worked as
a•part.,ofthatschedule. ; ' -
I:,, .In:the fire department, holiday;leave shall be,gov,
erned by YMC 2,22.080, ,.
J. , In; the police department, an_,employee :shall he
granted; time off in .lieu of holidays in. an:amount equal to
the actual number of holidays enjoyed by other employees
during.the calendarye.ar,,The amount,oftime.off, in lieu.of
holidays:to,be•granted•during each,year shall be; computed
each January, and scheduled .to.,b.e taken,.during the_calen-i.
dar year.. The amount,of time .off, in, lieu:,of holidays .to be
granted an.employee who„is.e,nployed-for. a, partial,cale,n,,
dar year sha1l,.be,prorated for the period o,f,the, calendar,
year during which that individual is employed and a
deduction ,shall be. taken from the salary of any employee
who ceases employment and who has taken,,time off, in
lieu of holidays .in excess of the pro rata, amount to be
granted the employee by the provisions of this;section.
Any time, off in. lieu of holidays not taken by.December,
31st of each year shall be forfeited unless the city;manager
extends the time within which such time, off may betaken
because of an emergency or other unusual circumstances.
K. In the event that a holiday falls on•an employee's
regular.day off;.the, employee shall. have,equal time off to
be scheduled within ninety.days. (.Ord. 2002-23 § 1, 2002:
Ord. 2178 § 1, 1978; Ord. 2062 §§ 1, 2, 1977; Ord. 204.1
§ 1, 1977.: Ord. 1967 § 1, 1976: Ord. 1848 §§ 1, 2, 1975;
Ord. 1203 §§ 2, 3, 1970: Ord. 1081, 1968; Ord. 447 § 7,
1963: Ord. 69 § 1, 1960).
41
2,40.090 Workweek.
A. Workweek Provisions. With the .exception of the
fire and police, departments, and transit division and other
jobs whichrequire specialconsideration by mutual agree-
ment between the employees and the appointing authority,
the following provisions shall govern the workweek, and
workday and work shifts of employees within the bargain-
ing unit of the American Federation of State, County and
Municipal Employees:
1. Workweek. The workweek shall consist of five
consecutive eight-hour days with two consecutive days
off, or four consecutive ten-hour days with three consecu-
tive days off,
2. Workday. Eight or ten consecutive hours of work
within a twenty -four-hour period shall constitute a work-
day, and the regular hours of work each day shall be con -
105
2,40.090
secutive except that they may be interrupted by a lunch
period which shall not be less than thirty minutes,
-Work Shift, Eight or ten -consecutive_ hours of
work shall constitute a w,ork.shift. All employees shall be,
sclieduled=to work on.a regular work shift, and each work
shift shall have:a regular starting, and quitting time.
,$. . Workweek --Transit Operators,•. The workweek,
for transit operators,shall consist of forty hours per calen-
dar week.,.A workday may .be either consecutive hours or
a.: split,,shift,'-with .assignment'to .shifts .and routes to ,-be
made on.the basis of requests by, transit drivers according
to their seniority,
C. Commencing July,1,,1,97;1, the basic workweek
for.,,,employees of the police department .shall, be forty
hours and the standard workday shall be eight hours; pro=
vided, the chiief.ofthe police,.department may.,..at,any time'
and .at his discretion, ;With .the, approval. of,;th,e city.man
ager, schedule .duty ,shifts, or ;workdays,,so, that certain
employees designated by.the,chief will: work ten hours,a
day, four days a week. (Ord..2265 .§ § 5,,, 6,,1979;.Ord..131,7 ,
§§ 2, 3, 1971; Ord. 1203,. § .4, 1970; .Ord. 980 §..3, 1967:
Ord. 85.4 § 5, 1966: Ord, 83.6 §Ord.,
1963: Ord. 69 § 1 (part), 1960). ,
2,40.100 Overtime pay. -
A, Overtime payment will lie allowed for an
employee below the rank of division head; and police cap-
tain when ordered to work at the,rateof time 4i -half
except as follows: ,,
1. 'Commencing January,.1, 1980,. Whenpoliceoffi-
•cers or sergeants are required, to appear stn court, during
their off duty hours, they,., shall ,be.,. aid at,a, straight. time
rate.for such time,. 'A minimum of..three.hours;per day for
court appearance shall be allowed,' ifsuC, court appear-
ance occurs on a day which the officer is scheduled to
work, but occurs outside of his regularly, -scheduled work-
ing hours. A minimum of four hours"per day for ,court
appearance shall 'be allowed ..
if, such courtappearance
occurs on a day on which .the officer is .notscheduled, to
work. The officers shall have the option to take time off,
at a straight time.rate, in lieu of payment, and„to accumu-
late. such time off to a maximum ,oftwenty-four hours for
any one officer. . •,
2. Overtime payment may be allowed for division
heads and police captains; at.the rate, of time:and one-half
when required to work , because of an emergency , or
unusual circumstances, if, approved by the city manager.
3, Department directors, when required to work
overtime in a non -supervisory capacity because, of an
emergency determined by the city manager, may be paid
overtime at a .straight time rate; provided,, commencing
May 18, 1980; department directors, when required to
work in excess of forty hours .during any work week in a
supervisory capacity because of an emergency or unusual
(Yakima 12-12)
2.40.1 10
circumstance approved by the city manager, shall be paid
at the rate of time and one-half for such overtime work.
4. Compensating time off in lieu of overtime pay, as
based on the rates provided by this subsection, may be
taken at a time agreed upon by the department head and
the employee, but may not be imposed by the department
head in lieu of overtime pay upon any employee who has
not so requested such compensating time off. Compensa-
tory time off may be accumulated to a maximum of five
working days unless the city manager approves additional
accrual because of an emergency or other unusual circum-
stance; provided, however, an employee, who as of Febru-
ary 8, 1979, has accumulated compensatory time in excess
of five days, may retain and use that accumulated compen-
satory time.
B. Overtime pay for employees, other than fire
department personnel, who are paid at a monthly rate shall
be computed by dividing the basic monthly salary by one
hundred seventy-three and thirty-three one -hundredths
and multiplying by a factor of 1.5.
C. Fractions of an hour served on overtime duty shall
be rounded to the next full hour for the purpose of comput-
ing the amount of overtime.
D. Time spent by an employee beyond the normal
working day for training classes or travel shall not be con-
sidered overtime work.
E. A minimum of two hours pay at the time and one-
half rate will be paid to an employee who is called to
return to work after leaving the worksite at the completion
of the shift, or called to work on a day off. Such call -out
time shall be counted from the time the employee leaves
home and until the employee returns home.
F. Vacation leave, sick leave and compensatory time
used (and holidays as provided in YMC 2,40.080(E)) shall
be included as "time worked" at straight time for the pur-
pose of determining whether an employee has worked
forty hours in a week. Civil leave, military leave and leave
without pay shall not be included as "time worked." (Ord.
2709 § 1, 1983: Ord. 2421 § 1, 1980; Ord. 2400 § I, 1980;
Ord. 2265 § 7, 1979: Ord. 2014 § 2, 1976: Ord. 1923 § 1,
1976: Ord. 1614 § 9, 1974: Ord. 1203 § 5, 1970: Ord. 1129
§ 1, 1969: Ord. 854 § 6, 1966: Ord. 613 § 2, 1965: Ord.
44.7 § 9, 1963: Ord. 69 § 1 (part), 1960).
2.40.110 Sick leave transfer (SLT).
A. The city of Yakima allows eligible management,
AFSCME and unrepresented employees to transfer paid
sick leave to other eligible employees who have exhausted
all other accrued paid leave and stand to lose compensa-
tion because either they, or their immediate family mem-
ber(s), have suffered a catastrophic illness or injury.
B. This chapter applies to city of Yakima donor
employees in full-time status, who have worked at least
one year, in good standing with no pending disciplinary
actions or history of chronic absenteeism. Recipient
(Yakima 12.12)
106
employees shall qualify for leave up to twelve weeks if
they, or a qualifying household or family member, suffer
from a catastrophic illness or injury and all of the recipi-
ent's accrued leave is exhausted.
C. Definitions.
1. "Immediate family member" is defined as those
individuals who live in the same household as the
employee and are related by kinship, adoption, domestic
partnership or marriage; or are foster children certified by
the state of Washington. If not in the same household, an
immediate family member is strictly limited to the
employee's spouse, child or parent.
2. "Licensed practitioner" includes a licensed physi-
cian, nurse practitioner, or other licensed health care pro-
fessional.
3. A catastrophic illness or injury is a severe condi-
tion or combination of conditions affecting the mental or
physical health of the employee or member of the
employee's immediate family that requires treatment by a
licensed practitioner for a prolonged period and that forces
the employee to exhaust all leave time earned and there-
fore results in loss of compensation.
4. A severe condition or combination of conditions
is one that will result in death if not treated promptly;
requires hospitalization for more than seventy-two con-
secutive hours; or causes a person to be legally declared a
danger to him or herself or others. For purposes of this
chapter, pregnancy and elective surgery are not consid-
ered severe conditions, except when life-threatening com-
plications arise from them.
D. Process for Requesting Leave Transfer.
1. An employee is eligible to request use of SLT
hours for their documented personal serious medical con-
dition.
2. SLT hours shall not be used until all personal
sick, annual, compensatory and in -lieu time has been
exhausted.
3. A request to use SLT hours requires submission
to the human resources manager, with accompanying
medical documentation, by the fifteenth of the month. It
will be forwarded to the city manager for final approval.
The medical documentation must include an estimate of
the amount of time needed and expected date of return
from the accident, illness or injury for which the sick leave
is being requested. If the medical documentation does not
provide a specific date of return to work, follow-up docu-
mentation must be furnished every thirty days.
4. SLT may be requested and granted in increments
of no more than ninety calendar days per request, up to the
maximum allowed. If the duration of the event exceeds
ninety calendar days, the employee will be required to
submit another request for SLT.
5. If the request is approved, the human resources
office will immediately route a copy to the payroll office
for processing and notification to the employee and super-
visor that the request has been approved.
6. The human resources manager will coordinate
distribution of an email communication sdliciting volun-
tary leave hour donations on behalf of the employee.
7. Requests cannot be retroactively used unless doc-
umentation is provided regarding conditions warranting
delay in receiptof their request.
E. Conditions for Donating Leave.
1. Employees.•who wishto, donate. leave toanother
employee must have.a minimum balance of eighty hours
of annual leave and/or threehundred eighty-eight hours of
sick leave remaining -following the transfer of leave hours.
The transfer of compensatory time or in -lieu time does not
require a minimum balance remain.
2. The minimum amount for each transfer is eight
hours except an employee may donate all or part of their
personal holiday..
3, A donation form, available in human resources,
must be completed and submitted to the payroll office by
the twenty-fifth of the month. (The funding of the dona-
tion will come from the donor employee's division bud-
get. The division budget of the recipient will receive the
funds.)
4. Once the sick leave transfer has been approved
and processed by finance, it cannot be canceled.
5. The hours transferred to recipient employees by
the employee's spouse, either of their parents, grandpar-
ents, brothers, sisters, children or grandchildren will be
processed prior to those received from other employees.
6. Leave hours may be transferred from an
employee's leave balance to an employee approved to use
donated leave hours at any time prior to the effective date
of retirement or termination from the city. The donation
cannot consist of excess leave that the donor would not be
able to take during the period between the date of the
request and the donor's anniversary date.
F. SLT Usage.
1. SLT hours may be used consecutively or intermit-
tently, up to the total number of hours available in the
month. If hours in excess of the number needed for a full
paycheck are received they will be held and used monthly,
up to ninety days, if needed.
2. Receiving employees must provide notice to their
department head and the human resources manager if
there is any change in the circumstances for which the
leave is being taken or if additional leave is needed
beyond the period covered in the original request.
3. Receiving employees may not use more than
twelve weeks (four hundred eighty hours) of transferred
leave per catastrophic event.
4. A participating employee must not be receiving
state -funded disability benefits intended to replace all or a
portion of the employee's income. This applies to employ -
107
2.40.120
ees on workers' compensation or other city- or state -
funded disability income insurance: -
5. An employee or supervisor who attempts 'to
coerce or pressure another employee to transfer or .not
transfer leave will be subject td,disciplinary action., The
selling or purchasing of leave is -also strictly prohibited:
G. Coordination with Other Leave and Benefits.
1. Annual leave and sick leave accruals will not be
earned if fifty percent or more of the hours of the month's
compensationar from .transferred leave.
2. Pursuant to WAC 415-108-468, transferred leave
hours are not eligible for Department of Retirement Sys-
tems (DRS) service credits,
H. When the employee is absent from work because
of a catastrophic illness or injury, the employee's depart-
ment head shall require that,.prior to the employee's return
to work, the employee submit a licensed practitioner's
written statement that the employee was required to be
absent from duty because of the condition and the date that
the employee is able to retum to work. The statement must
also specify what limitations, if any, exist to the
employee's ability to perform his or her essential job func-
tions. If limitations exist, the supervisor shall contact the
human resources manager.
I. The city manager is the administrator of the SLT
program, but may delegate approval authority as he or she
deems necessary. (Ord. 2012-20 § 2, 2012).
2.40.120 Vacation buy-back program.
A. Purpose. The city of Yakima's annual vacation
buy-back program is provided as an optional benefit for
nonrepresented employees who elect to convert accrued
vacation time into an annualized cash value. The goal of
the program is to improve attendance, increase benefit
flexibility, create uniformity with existing programs of
represented employees, and limit accrued financial liabil-
ities.
B. Applicability. This section is applicable to non -
represented full and part time employees of the city of
Yakima who elect to sell back their accrued vacation
hours to the city.
C. Eligibility Criteria.
(1) Regular full-time and part-time employees may
sell back up to one-third of their annual vacation accrued
leave.
(2) Vacation hours eligible for buy-back are those
hours earned up to the one-third maximum, accrued
within the preceding twelve-month period.
(3) No more than one request may be made per calen-
dar year.
D. Procedure.
(1) Employee Responsibility. The employee shall
request a vacation buy-back form from finance, indicate
their requested hours, and submit the form through their
supervisor back to finance.
(Yakima 1-14)
2.40.120
(2) Finance Department Responsibility. The finance
department will generate a customized leave accrual form,
complete the form, and route back to the employee
through the employee's supervisor. Finance will process
for inclusion in next pay cycle. (Ord. 2013-032 § 1, 2013).
(Yakima 1-14)
108
Chapter 2.44
LOBBYING BY CITY PERSONNEL
Sections:
2.44.010
2.44.020
Declaration of necessity.
Authorizing employment of
representative.
2.44.030 Permitted activities of
representative.
2.44.040 Payment for services of
representative.
2.44.050 Prohibited expenditures.
2.44.060 Ethical practices and conduct.
2.44.010 Declaration of necessity.
It is determined by the city council of the city of
Yakima that the study and collection of information, data
and opinions on the administrative and enforcement effi-
ciency and. costs attendant therewith and the societal
effec i --proposed, pending or enacted legislation is
necessary for legislative planning or revision, and that a
prompt, informative response to inquiries from legislators
and public administrators, and attendance at legislative
committee hearings, relating to the effect of legislation
on municipal finances, services and authority, is neces-
sary and helpful to the legislator in the enlightened per-
formance of the legislative function and serves the best
interests of the citizens and the public, and is declared to
be a municipal purpose. (Ord. 1948 § 1 (part), 1976).
2.44.020 Authorizing employment of
representative.
The city manager of the city of Yakima is authorized
to designate city employees,or representatives to collect,
accumulate and analyze information concerning the effect
of enacted legislation or the anticipated effect of proposed
or pending legislation; to consult with employees or
representatives of other municipalities or counties and
associations thereof; to respond and provide data and
information and give testimony to state legislators, legis-
lative committees, state administrative officers, or other
municipalities investigating the city's experience or antic-
ipated costs, benefits or problems from such enacted or
proposed legislation. (Ord. 1948 § 1 (part), 1976).
2.44.030 Permitted activities of representative.
In all matters in which an official, staff employee or
other representative appears on behalf of the city, such
representative shall observe, carry out or support the
known relevant policies of the city council and shall
consult the city manager or the city council for advice
and guidance when required. All such informational
activity shall be conducted with prudence and good judg-
109
2.44.010
ment and within all legal regulation of such activity. Such
representative shall not have any authority to make any
statements,.commitments or promises binding upon the
city, but may speak to influence the passage, debt or
amendment of legislation affecting the city in accordance
with the policy or position approved by the city council.
(Ord. 1948 § 1 (part), 1976)..
2.44.040 ,Payment for services of
representative:,.
While.engaged in.such informational,;educationaland
testimonial activity, a city: employee shall .continue_ to
receive„his of her.current salary`.as a city employee. No
additional compensation .shall .be paid or accrue.,to an
elected official -during his .or., her, of.,office,with the
city for such research, informational or lobbying services
to this'city. An ;employee.,or official. shall receive reim-
bursement for the reasonable.costs'of travel,.lodging, and
personal meals reasonably incurred in the course of such
service, in accordance with the city's regular policies,.and
rates as to such reimbursement. (Ord. 1948 ,§ 1 (part);,
1976).
2.44.050 .Prohibited expenditures.
No expenditures from city. funds for the hosting, enter-
tainment.or campaign, assistance of any.legislator or state
officer shall.be authorized, expended or reimbursed. (Ord.
1948 § 1 (part), 1976).
2.44.060 Ethical practices and conduct.
The city's employee or representative in such informa-
tional or lobbying activities shall comply fully with all
state regulations relating to ethical practices and conduct,
and comply with all regulations relating to the reporting
of expenditures in connection therewith. (Ord. 1948 § 1
(part), 1976).
2.45.010
Chapter 2.45
PERSONNEL EXAMINATION FEE
Sections:
2.45.010
Fee imposed—Collection—
Exemptions.
2.45.010 Fee imposed—Collection—
Exemptions.
A. Fee Imposed. There is imposed a nonrefundable
fee payable by every person who applies to take any
examination, other than a promotional examination, for
any position with the city which falls within any of the
city's civil service systems. The fee shall amount to the
pro rata cost, determined by the personnel office, which
the city pays a source other than city employees and
agents for preparing, supplying and grading the examina-
tion.
B. Collection. Except as provided in subsection C of
this section, the fee shall be paid to the personnel office
at the time application is made to take any such examina-
tion; and any applicant who fails or refuses to pay the fee
shall be ineligible to take the examination.
C. Exemption. Any applicant found by the personnel
officer to be unemployed at the time of making applica-
tion for the examination shall be exempt from paying the
fee imposed by this chapter. (Ord. 2969 § 1, 1986; Ord.
2500 § 1, 1981).
110
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.M.
For Meeting of: December 6, 2016
Resolution authorizing a collective bargaining agreement for 2017-
2020 with Teamsters Local #760 representing the Yakima Public
Works Division Managers Unit
Cliff Moore, City Manager
Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
The attached Resolution and Collective Bargaining Agreement authorizes the execution of a 4 -
year agreement with Teamsters Local #760 representing the Yakima Public Works Division
Managers Unit for 2017-2020. This agreement represents good faith negotiations between the
parties. The settlement package is outlined below:
• 4 -Year Contract (2017-2020)
• Wage Increase = PACA
O 2017 is 2.39%
O 2018 - 2020 Determined by Municipal Code Chapter 2.20.115 &116
• 1 Personal Holiday Added
• Bereavement Language Updated
ITEM BUDGETED: Yes
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
Resolution
D
Upload Date
11/28/2016
2017 - 2020 Teamsters Public Works Division Managers
11/28/2016
CBA
Type
Cover Memo
Cover Memo
COLLECTIVE BARGAINING AGREEMENT
Between
City of Yakima
And
Teamsters Local #760
Representing
Yakima Division Managers Unit
Effective
January 1, 2014 2017 — December 31, 20462020
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TABLE OF CONTENTS
PREAMBLE 3
ARTICLE 1 — RECOGNITION 3
ARTICLE 2 — UNION SECURITY/DUES CHECK OFF & MAINTENANCE OF
MEMBERSHIP 3
ARTICLE 3 — EMPLOYER RIGHTS 4
ARTICLE 4 — WAGES AND BENEFITS 6
ARTICLE 5 — WORK WEEK, AND HOURS OF WORK 7
ARTICLE 6 — GRIEVANCE PROCEDURE 7
ARTICLE 7 — UNION LEAVE 9
ARTICLE 8 — SAVINGS CLAUSE 10
ARTICLE 9 —RETIREMENT CONTRIBUTION 10
ARTICLE 10 - TERM OF AGREEMENT 10
APPENDIX "A" 11
ANNUAL LEAVE ACCRUALS 11
FLOATING HOLIDAY 11
VEBA 11
LIFE INSURANCE 11
VACATION LEAVE PAY -OUT 11
SICK LEAVE EXCHANGE 11
BEREAVEMENT LEAVE 12
TEAMSTERS LEGAL SERVICES TRUST 12
MUNICIPAL CODE CHAPTER 2.20.100 CLASSIFICATION PLAN 12
APPENDIX "B" 13
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PREAMBLE
This agreement is made and entered into pursuant to the provisions of RCW Chapter
41.56 by and between the City of Yakima hereinafter known as the "Employer" and the
Yakima Division Managers Unit represented by Teamsters Local #760, hereinafter known
as the "Union" for the purpose of setting forth the wages, hours, and other terms and
conditions of employment which shall be in effect during the term of this agreement for
employees included in the bargaining unit described in Article 2 below.
ARTICLE 1 — RECOGNITION
1.1
The Employer recognizes the Union as the exclusive bargaining representative for
those purposes appropriate to the units stated in RCW 41.56 of all full-time Division
Managers. Fleet Manager, Parks & Recreation Manager, Streets & Traffic Ops
Manager, Solid Waste & Recycling Manager, and Transit Manager, present in the
Public Works, and as recognized by PERC case 23552-E-10-3594, excluding mid-
level supervisory employees, non -supervisory employees, department heads,
confidential employees, elected officials, officials appointed for a fixed term of
office, and all other employees of the Employer.
1.2 The Union recognizes the City as the representative of the people of the City of
Yakima and agrees to negotiate only with the City through the negotiating agent
or agents officially designated by the City Manager to act on the City's behalf.
ARTICLE 2 — UNION SECURITY/DUES CHECK OFF & MAINTENANCE OF
MEMBERSHIP
2.1 It shall be a condition of employment that all employees of the Employer covered
by this Agreement who are members of the Union in good standing on the effective
date of this Agreement shall remain members in good standing in the Union. It
shall also be a condition of employment that all employees covered by this
Agreement and hired on or after January 1, 2014 shall, on the thirtieth (30th)
calendar day following the beginning of such employment become and remain a
member in good standing in the Union.
2.1.1 Should bona fide religious convictions of an employee dictate he/she may not join
a Union, he/she shall be required to pay an amount equivalent to the Union
initiation fee and monthly dues to a non -religious charity mutually agreed upon by
the employee and the Union. If such employee pursuant to this Section requests
the Union to use the Grievance and Arbitration Procedure on his/her behalf, the
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Union is authorized to charge the employee for the reasonable cost of using such
procedure as allowed by law.
2.2 The Union agrees to represent all employees within the bargaining unit without
regard to Union membership.
2.3 When an employee fails to fulfill the obligations as set forth in Section 2.1 or 2.1.1,
the Union shall provide the employee and the Employer with thirty (30) calendar
days' notification of the Union's intent to initiate discharge action and during this
period the employee may make restitution in the amount which is overdue. If an
employee has not fulfilled the Union membership obligation and/or other provisions
as described in Section 2.1 or 2.1.1 by the end of the applicable discharge
notification period, the Union shall thereafter notify the Employer in writing, with a
copy to the affected employee, of such employee's failure to abide by Section 2.1
or 2.1.1. In this written notice, the Union shall specifically request discharge of the
employee for failure to abide by the terms of the Labor Agreement between the
Employer and the Union.
2.4 When provided a "voluntary check -off" authorization form furnished by the Union
and signed by the employee, the Employer agrees to deduct from that employee's
pay, the Union's uniform applicable dues, initiation fee and/or service fees, as
prescribed in the "voluntary check -off" form. The full amount of monies so
deducted from the employee shall monthly be forwarded to the Union by check
along with an alphabetized list showing names and amounts deducted from each
employee. The Union agrees to defend and hold the Employer harmless from and
against any and all claims, demands, lawsuits, orders or judgments arising from
the administration and effects of this Section.
2.5 The Union agrees to refund to the employee any amounts paid to the Union in
error on account of the payroll deduction provision upon presentation of proper
evidence thereof. The earning of the employee must be regularly sufficient after
other legal and required deductions are made to cover the amount of the
appropriate Union dues. All other legal and required deductions have priority for
payment over such dues.
2.6 The Union agrees to defend and hold the Employer harmless from and against any
and all claims, demands, lawsuits, and/or orders of judgments arising from the
administration and effect of this Article. It is also agreed that neither any employee
nor the Union shall have any claim against the Employer for any deductions made
or not made unless a claim of error is made in writing to the Employer within forty-
five (45) calendar days after the date such deductions were, or should have been
made.
ARTICLE 3 — EMPLOYER RIGHTS
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Teamsters Local #760
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3.1 Employer Rights:
Any and all rights concerned with the management of the City are exclusively that
of the Employer unless otherwise provided by the terms of this agreement or the
Charter Civil Service Rules and Regulations as amended. Furthermore, the City
reserves all customary management prerogatives including, but not limited to, the
right to:
A) Adopt rules for the operation of the Department and conduct of the
employees covered by this agreement;
B) Establish, plan for, and direct the work force toward the organizational goals
of the department;
C) Determine the organization, and the merits, necessity and level of activity
or service provided to the public;
D) Determine new work methods;
E) Control the City budget;
F) Establish, regulate and administer a personnel system, in conformity with
the City Charter and Charter Civil Service Rules and Regulations and with
this agreement, which provides for all types of personnel transactions
including determining the procedures and standards for hiring, promotion,
transfer, assignment, lay off, discipline, retention and classification of
positions;
G) Discipline, suspend, demote or discharge employees for just cause in
conformity with this CBA;
H) Determine the methods, means, equipment, material, numbers and kinds
of personnel and the job or position content necessary to accomplish
departmental operations and maintain the efficiency thereof;
I) Assign work to and schedule employee's in accordance with Civil Service
classifications and position descriptions and in conformity with this
agreement;
J) Relieve any employee from duty due to a lack of work or insufficient funds
as provided by in the Charter Civil Service Commission Rules and
Regulations and in conformity with this agreement.
K) To perform all of the functions not otherwise expressly limited by this
agreement;
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Teamsters Local #760
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L) Take all actions necessary to carry out the mission of the City in
emergencies.
M) Provided nothing in the Agreement shall be construed as a waiver of
collective bargaining rights conferred on the parties by RCW 41.56
3.2 Scope of Management Rights
The Employer's failure to exercise any right, prerogative, or function hereby
reserved to it, or the Employer's exercise of any such right, prerogative, or function
in a particular way, shall not be considered a waiver of the Employer's
management right to exercise such right, prerogative, or function in a particular
way, shall not be considered a waiver of the Employer's management right to
exercise such right, prerogative, or function or preclude it from exercising the same
in some other way not in conflict with express provisions of this Agreement,
however, the Employer recognizes that RCW 41.56 may impose an obligation for
the Employer to negotiate changes in wages, hours, and working conditions not
covered by this agreement.
3.3 Where there is probable cause to believe that an employee is psychologically or
medically unfit to perform his/her duties, the employer may require the employee
to undergo a psychological or medical examination in accordance with current
Charter Civil Service Rules.
3.4 The Employer and the Union hereby recognize that delivery of services in the most
efficient, effective, and courteous manner is of paramount importance to the
Employer, and as such, maximized performance is recognized to be an obligation
of employees covered by this Agreement.
3.5 The Employer shall have the right to establish and maintain performance
standards. Such standards that are in effect may be used to determine acceptable
performance levels, prepare work schedules, and measure the performance of an
employee. The Employer shall have the right to implement and prepare work
schedules consistent with the terms and conditions of this Agreement.
ARTICLE 4 — WAGES AND BENEFITS
Except as modified in Appendix "A", Employees covered by this agreement shall receive
benefits as outlined in the City of Yakima Municipal Code, Chapter 2, and the
Management Fringe Benefits document both as effective February 1, 2011. The
Employer acknowledges that changes to the wages and benefits are subject to bargaining
as provided by law.
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ARTICLE 5 — WORK WEEK, AND HOURS OF WORK
The parties recognize that the work performed by the members of this bargaining unit is
supervisory in nature. Employees covered by this agreement are accountable for their
work product, meeting the objectives of the organization, and are subject to the
Employer's policies, applicable to all overtime exempt employees.
The workweek may consist of:
• five (5) consecutive eight (8) hour days with two consecutive days off;
Employees shall work such days and hours as required to advance the mission of the
City as determined by the employer. All employees shall be scheduled to work on a
regular work shift, and each work shift shall have a regular starting and ending time.
ARTICLE 6 — GRIEVANCE PROCEDURE
Grievance Definition:
A grievance is an alleged violation of this Collective Bargaining Agreement.
Filing a Grievance:
To be reviewable under this procedure, a grievance must be filed in writing within fourteen
(14) calendar days after the employee knew or should have known of the action or
decision giving rise to the grievance. This fourteen (14) calendar day period must be used
by the employee to attempt to informally resolve the dispute.
Computation of Time:
The time limits in this Article must be strictly adhered to unless mutually modified in
writing. Days are calendar days, and will be counted by excluding the first day and
including the last day of timelines. Transmittal of grievances, appeals and responses will
be in writing. Service on the parties is complete when delivered in person; or upon receipt
by electronic mail or by the postmarked date if sent by certified mail.
Failure by the Union to comply with the timelines will result in the automatic withdrawal of
the grievance. Failure by the employer to comply with the timelines will entitle the Union
to move the grievance to the next step of the process.
Contents:
A grievance must include the following:
a. A statement of the pertinent facts surrounding the grievance;
b. The date upon which the incident occurred;
c. The specific Article and section of the Agreement allegedly violated and a
specific description of how each cited alleged violation occurred;
d. The steps taken to informally resolve the grievance, the individuals involved
in the attempted resolution, and the results of such discussion;
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e. The requested remedy; and
f. Signature of the affected employee and Union Representative.
The employer will not be required to process a grievance unless all the information listed
above is provided. Grievances that do not meet the above conditions or are otherwise
unclear may be returned by the Employer and the Union will have seven (7) calendar
days to provide the clarifying information and re -submit the grievance.
Modifications:
Alleged violations and/or the requested remedy may be modified only by written mutual
agreement of the parties.
Resolution:
If the Employer provides the requested remedy or a mutually agreed-upon alternative, the
grievance will be considered "fully and finally" resolved and will not be moved to the next
step.
Withdrawal:
A grievance may be withdrawn at any time.
Processing the Grievance:
Step I — If the issue is not resolved informally, the Union may present the grievance, in
writing, to employee's supervisor with a copy to Human Resources within the fourteen
(14) day period described above. The responsible supervisor shall meet with the grievant
and the Union Representative within fourteen (14) days of the receipt of the grievance,
and respond in writing to the Union within fourteen (14) days of the meeting.
Step II — If the grievance is not resolved at Step 1, the Union may move it to the next step
by filing it with the Department Head or designee, with a copy to Human Resources, within
fourteen (14) days of the Union's receipt of the Step 1 decision. The Department Head or
designee will meet with the grievant and the Union Representative within fourteen (14)
days of the receipt of the appeal, and will respond in writing to the Union within fourteen
(14) days of the meeting.
Step III — If the grievance is not resolved at Step 2, the Union may move it to the next
step by filing it with the City Manager or designee, with a copy to Human Resources,
within fourteen (14) days of the Union's receipt of the Step 2 decision. The City Manager
will respond in writing to the union within thirty (30) days of the receipt of the appeal.
Step IV — If the dispute is not resolved under one of the above steps, then the matter
may, within fourteen (14) calendar days, be referred by either party to expedited
mediation -arbitration. There shall be no withholding by either side of known facts or
evidence, relating to a grievance prior to arbitration. Such withholding shall result in said
facts and/or evidence not being admissible in arbitration.
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Upon demand for arbitration the parties may mutually agree to an Arbitrator or if
agreement cannot be reached, both parties shall immediately petition the Federal
Mediation and Conciliation Service for the names of seven (7) arbitrators and within seven
(7) calendar days from receipt of the list, the two (2) parties shall select one (1) name
from it by alternatively crossing off a name until one (1) remains, with the grieving party
striking first. This process for selecting an arbitrator need not be followed if both parties
agree on any person as an impartial arbitrator.
The arbiter shall not have power to add to, subtract from, or modify the provisions of this
Agreement in arriving at a decision of the issue presented; and shall confine his/her
decision solely to the interpretation, application or enforcement of this Agreement. The
arbiter shall confine himself/herself to the precise issue submitted for arbitration, and shall
have no authority to determine any other issues not so submitted to him/her. The decision
of the arbiter shall be final and binding upon the aggrieved employee, Union and
employer.
The arbitrator's fees and expenses, the cost of any hearing room, shall be borne equally
by the employer and the Union. All other costs and expenses shall be borne by the party
incurring them.
ARTICLE 7 — UNION LEAVE
7.1 One (1) bargaining unit member shall be granted leave from duty without any loss
of pay during the pre -impasse and post -impasse period as provided in RCW 41.56,
for all meetings between the City and the Union for the purpose of negotiating the
terms of a contract and/or attendance at mediation, when such meetings take
place at a time during which any such members are scheduled to be on duty.
7.2 One (1) bargaining unit member may be granted release time during normal
working hours to attend meetings for collective bargaining, labor-management,
grievances, pre-disciplinary/disciplinary, investigatory interviews and other
meeting related to contract administration.
7.3 Employees, not to exceed one (1) in number at any one time, shall be granted
leave from duty with pay for Teamster affiliated Union business, such as attending
labor conventions and educational conferences regarding collective bargaining,
provided that notice of such conventions or conferences shall be given at least two
(2) weeks prior thereto to Department Head, and provided further that the total
leave for the entire bargaining unit for the purposes set forth in this section shall
not exceed six (6) days in any fiscal year.
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ARTICLE 8 — SAVINGS CLAUSE
It is understood and agreed that if any court or board of competent jurisdiction finds any
Article, Section or portion of this Agreement to be unlawful or invalid, the remainder of the
Agreement will remain in full force and effect. If such a finding is made, the parties agree
to make themselves available to negotiate a substitute for the invalid Article, Section or
portion.
ARTICLE 9 —RETIREMENT CONTRIBUTION
Effective January 1, 2014, the Employer shall pay into the Western conference of
Teamsters Pension Trust on account of each member of the bargaining unit for each
scheduled hour for which compensation was paid for a total of 173.33 hours per month
an -€1 -up to a maximum of 2080 hours per calendar year. Contribution shall be remitted on
173.33 hours for all months throughout the ycar including thocc months with fcwcr than
173.33 hours. The hourly contribution rate shall be $1.50 per scheduled hour which is
diverted from wages by each bargaining unit member.
Each year the employees will have the option by majority vote to change pension
contribution rate.
ARTICLE 10 - TERM OF AGREEMENT
Except as provided herein, this Agreement shall be in full force and effect commencing
January 1, 2017 upon ratification and execution of both the Union and the Employer and
continue through December 31, 2020. /(Formatted: Font: (Default) Arial
Executed by the parties hereto this day of , 201'12016
Yakima Divisions Managers Unit City of Yakima
Teamsters Local #760
By:
By: /� Formatted: Font: (Default) Arial
Leonard Crouch, Secretary/Treasurer Cliff Moore/City Manager
Yakima Division Managers Unit
Teamsters Local #760
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ATTEST:
City Clerk
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Teamsters #760
Division Managers Unit
APPENDIX "A"
ANNUAL LEAVE ACCRUALS — Effective 02/01/2011
205 hours annually — After 20 years of service
215 hours annually — After 25 years of service
,FLOATING HOLIDAY — Effective 01/01/2017
Employees shall have a total of two (2) personal holidays per year.
VEBA
02/01/11 - $38,500.00 maximum cash out
LIFE INSURANCE — Effective 02/01/11
$100,000.00
VACATION LEAVE PAY -OUT— EFFECTIVE 1/1/2014
Pay out of vacation leave in accordance with 2.40.020 B. (3) of the Yakima Municipal
Code (YMC) (must use at least 75% of his/her vacation leave accrued during that year in
order to qualify)
Employer implemented vacation sell -back program where an employee can sell back to
the City up to one-third (1/3) of their accrued vacation leave within twelve (12) month
period (based on a calendar year).
Example: A ten year employee accrues 13.67 hours per month at 165 hours per year.
165 hours of vacation leave at 1/3 (.333) would equal 55 hours of vacation time payable
to the employee at their current hourly rate.
SICK LEAVE EXCHANGE
In accordance with YMC 2.40.030 E. 2. c. (except at a rate of three (3) days to one (1)
instead of four (4) days to one (1)). Sick Leave Exchange Procedure in accordance with
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2.40.030 E. 5.
BEREAVEMENT LEAVE
Employees shall be granted up to three (3) days per incident of Bereavement Leave in
the event of a death in the immediate family of the employee. Employees shall discuss
the duration of the leave with his/her supervisor or designee at the onset of the leave.
A) The term "immediate family" means:
1. Spouse, children, children of spouse, spouse of children;
2. Step or foster family relationship;
3. Mother, father, brother, sister of employee or spouse;
4. Grandparent or grandchild of employee or spouse;
5. Aunt or uncle of employee or spouse
B) No leave of absence in excess of three days for each family death shall be
taken by an employee unless additional leave is recommended by the employee's
supervisor and approved by the appointing authority. Approved leave in excess of
three days for the death of a family member shall be debited against the
employee's accrued sick leave, annual leave, compensatory time, paid time off
and/or other accrued leave.
TEAMSTERS LEGAL SERVICES TRUST
Effective March 1, 2011, the Employer shall make contributions of $25.95 per month, per
bargaining unit member, to implement the Western Conference of Teamster Legal
Services Trust to SF Administrators, Inc. During the terms of this agreement future
increases will be paid 50% by the employer and 50% from employee wage deductions.
The Union agrees to defend and hold the Employer harmless from and against any and
all claims, demands, lawsuits, orders or judgments arising from the administration and
effect of this participation. The Employer's obligation under this Agreement is limited to
the payment of normal contributions based on hours worked by unit employees.
MUNICIPAL CODE CHAPTER 2.20.100 CLASSIFICATION PLAN
The most current update to this chapter shall be routinely referenced and applied to this
contract.
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Teamsters #760
Division Managers Unit
APPENDIX "B"
City of Yakima Municipal Code, Chapter 2, and the Management Fringe Benefits
document both as effective February 1, 2011„
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Teamsters #760
Division Managers Unit
APPENDIX "B"
Title 2
PERSONNEL'
Chapters;
2.04 Group Insurance
2.16 Bonds for Officers
2.20 Salaries
2.22 Fire Department—Working Conditions
2.24 Longevity Plan
236 Retirement Plan Participation
2.40 Leaves of Absence
2.44 Lobbying by City Personnel
2.45 Personnel Examination Fee
1. For provisions regarding the office of personnel, see § 1.18.015 of this code. For
civil service provisions, see Charter Article XVI.
57
(Yakima 1-94)
Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.100
Chapter 2.04
GROUP INSURANCE
Health care plan.
Definitions.
City contributions.
Hospital and medical insurance—
Retired employee and dependent
coverage.
Dental insurance plan—Retired
employee coverage.
Welfare benefit program.
2.04.010 Health care plan.
The city is self-insured for its medical and dental insur-
ance plans (hereafter referred to in this section and YMC
2.04.020 and 2.04.030 as the "health care plan"). The
health care plan includes medical, dental and vision cov-
erage for city employees as defined in the health care plan
and for members of the city council. The medical and den-
tal insurance plans are administered for the city by third
party administrators. The city manager of the city of
Yakima is authorized to enter into a contract or contracts
with third party administrators to administer the medical
and dental insurance plans, The health care plan shall be
on file in the human resources division of the city. (Ord.
2012-14 (part), 2012: Ord. 2008-57 § 1, 2008: Ord. 1757
§ 1, 1975; Ord. 1750 § 1, 1975; Ord. 1744 § 1, 1975; Ord.
758, 1965: Ord, 149 § 1, 1960).
2.04.020 Definitions.
"Cost of coverage" means the average monthly cost of
coverage for the health care plan as determined from time
to time by the city's health care administrator, the city's
employee benefits broker, and/or the city manager. The
final decision on the cost of coverage shall be made by the
city manager. Such determination shall be final and bind-
ing. (Ord. 2012-14 (part), 2012: Ord. 2008-57 § 2, 2008),
2.04.030 City contributions.
A. Life Insurance Plan.
1. Effective October 24, 1991, the city shall provide
a fully paid life insurance policy in an amount equal to the
annual salary for all management employees as defined in
subsection B of this section, as well as for the chief, dep-
uty chiefs and battalion chiefs of the Yakima fire depart-
ment and the chief, deputy chief, captains and lieutenants
of the Yakima police department.
2. For all employees covered by a collective bar-
gaining agreement, the city shall provide a life insurance
policy in the amount required in the applicable collective
bargaining agreement.
59
2.04.010
B. Health Care Plan. The city shall contribute toward
the payment of the monthly cost of coverage of the health
care plan in the following manner for each group of
employees or positions, respectively:
1. Represented Employee Contributions. For all
employees covered by a collective bargaining agreement,
the city shall pay its portion of the total monthly cost of
coverage under the health care plan as provided in the
applicable collective bargaining agreement, and the
employee shall pay his or her portion of the total monthly
cost of coverage under the health care plan as provided in
the applicable collective bargaining agreement.
2. Management Employee Contributions.
a. "Management employee" means any nontempo-
rary employee in the management series, executive sup-
port series and executive series as defined by YMC
2.20.100; in the public safety management series as
defined by YMC 2.20.110; and any other nontemporary
employee in YMC 2.20.100(D) who is not a member of
any collective bargaining unit recognized by the city.
b. "Member of the city council" means any person
holding the office of city of Yakima council member, who
elects to pay the entire cost of coverage of the city of
Yakima health care plan.
c. From January 1, 2009, on, except for the chief,
deputy chiefs, and battalion chiefs in the fire department
and the chief, deputy chief, captains and lieutenants in the
police department, or unless otherwise provided in the
applicable collective bargaining agreement, the following
provisions apply: All management employees shall pay
the first fifty dollars of the total monthly cost of coverage
under the health care plan for the employee through a
monthly payroll deduction. If an employee only is covered
in the health care plan and the employee has no spouse or
dependents in the health care plan, then the city shall pay
the balance of the employee -only unit cost in excess of the
first fifty dollars that the employee pays. For a manage-
ment employee with a spouse and/or dependents in the
health care plan, any cost of coverage for the management
employee with a spouse and/or dependents in the plan in
excess of the first fifty dollars that the employee pays shall
be paid by the management employee through a monthly
payroll deduction based on the following percentages on
the remaining balance above the first fifty dollars: the
employee shall pay at the rate of twenty-five percent of the
balance of the remaining total monthly cost of coverage,
and the city shall contribute the remaining seventy-five
percent of the balance of the total monthly cost of cover-
age.
d. For the chief, deputy chief, captain and lieuten-
ants of the Yakima police department and the chief, dep-
uty chiefs and battalion chiefs of the Yakima fire
department, unless otherwise provided in an applicable
collective bargaining agreement, the city shall pay the
total monthly cost of coverage under the health care plan
(Yakima 8-12)
2.04.040
for the employee. If the chief, deputy chief, captain and
lieutenants of the Yakima police department and the chief,
deputy chiefs and battalion chiefs of the Yakima fire
department have a spouse and/or dependents in the health
care plan, then the employee shall pay through a monthly
payroll deduction at the rate of fifty percent of the monthly
dependent unit cost of coverage for the employee's spouse
and/or dependents, and the city shall contribute the
remaining fifty percent of the total monthly dependent
unit cost of coverage for the employee's spouse and/or
dependents, unless otherwise provided in an applicable
collective bargaining agreement.
C. Authority to Exempt Certain Positions from
Health Care Plan. Pursuant to YMC Chapter 2.04, the city
manager and the heads of the city departments are entitled
to be covered by the city's employee health care plan. This
subsection C is limited to and for the purpose of recruit-
ment only for the specific positions of city manager, chief
of police, fire chief, city attorney, director of public
works, director of community and economic develop-
ment, and director of finance, when the person to whom an
offer of employment is made has an existing health care
plan from his or her former employment that he or she
desires to maintain upon employment with the city. In that
event, then the city council for the city manager position,
and the city manager for the department head positions,
have the authority to agree in writing to compensate that
person for the cost to him or her to maintain his or her
present health care plan, up to but not to exceed the
amount the city's health care plan would otherwise have
contributed to his or her health care costs for similar cov-
erage under the city's health care plan. This health care
cost payment. shall be included with the employee's
monthly compensation amount as a separate item and
shall be treated as a taxable benefit subject to normal with-
holding taxes. The city's contribution for the health care
allowance shall not be included in any calculations as base
pay. If, and at such time as, the city employee's prior
health care plan becomes fully paid and no longer requires
financial contributions from him or her to maintain his or
her health care coverage, the city's obligation to contrib-
ute toward that health care coverage shall cease. In no
event shall the city's contribution for the health care
allowance be more than the city would have contributed if
the employee had similar coverage under the city health
care plan. In addition, in the event that the employee's
prior health care coverage ends and the employee desires
to enroll in the city health care plan, that employee may do
so provided the employee complies with the enrollment
requirements for the city health care plan. (Ord. 2012-14
(part), 2012: Ord. 2008-57 § 3, 2008: Ord. 97-28 § 1,
1997; Ord. 96-66 § 1, 1996; Ord. 93-84 § 1, 1993: Ord.
3403 § 1, 1991; Ord. 3325 § 1, 1990; Ord. 3252 § 1, 1990;
Ord. 2688 § I, 1983; Ord. 2266 § 1, 1979; Ord. 2265 § 1,
1979; Ord, 2153 § 1, 1978; Ord. 1750 §§ 2, 3, 1975; Ord,
(Yakima 8-12)
60
1744 §§ 2, 3, 1975; Ord. 1614 § 1, 1974: Ord. 1474 § 1,
1972: Ord. 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1,
1962: Ord. 149 § 3, 1960).
2.04.040 Hospital and medical insurance—
Retired employee and dependent
coverage.
A. Retired Employees. The following described
retired city employees shall be eligible to remain enrolled
in the group hospital and medical insurance plan and to
obtain coverage for their eligible dependents until the
retired employee reaches sixty-five years of age by paying
a premium (including the premium for dependents, if
enrolled) equal to the actual group rate for coverage of
active city employees and enrolled dependents:
1. City employees who retire on or after January I,
1982, and who at the time of their retirement work in posi-
tions within the bargaining unit of the American Federa-
tion of State, County and Municipal Employees, Local
1122; and
2. City employees who retire on or after January 1,
1983, and who at the time of their retirement work in any
of the following positions:
a. All fire department positions,
b. All commissioned police department officers,
c. All employees in exempt classifications specified
by YMC 2.20.100, and
d. All other positions defined by the policy as being
eligible for coverage.
B. Spouses of Retired Employees. Spouses of retired
commissioned police department officers, retired fire
chiefs and deputy fire chiefs and retired employees who,
at the time of retirement, were in exempt classifications
specified by YMC 2.20.100, which spouses are otherwise
eligible for coverage under provisions of the insurance
policy, shall be eligible to remain enrolled in the group
hospital and medical insurance plan until those spouses
reach the age of sixty-five years (or in the case of spouses
of deceased retirees, until the spouse remarries) by paying
a premium equal to the actual group rate for enrolled
dependents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 1,
1985: Ord. 2749 § 1, 1984: Ord. 2686 § 2, 1983).
2.04.050 Dental insurance plan—Retired
employee coverage.
A. Retired Employees. The following described
retired city employees who retire on or after January 1,
1983, shall be eligible to remain enrolled in the group den-
tal insurance plan and to obtain coverage for their eligible
dependents until the retired employee reaches sixty-five
years of age by paying a premium (including the premium
for dependents, if enrolled) equal to the actual group rate
for coverage of active city employees and enrolled depen-
dents:
I. Chief and deputy chief of Yakima fire depart-
ment;
2. Chief, captains and lieutenants of the Yakima
police department; and
3. All employees in exempt classifications specified
by YMC 2.20.100.
B. Spouses of employees retired from positions
specified in subsection A of this section, which spouses
are otherwise eligible for coverage under provisions of the
insurance policy, shall be eligible to remain enrolled in the
group dental insurance plan until those spouses reach the
age of sixty-five years (or in the case of spouses of
deceased retirees, until the spouse remarries) by paying a
premium equal to the actual group rate for enrolled depen-
dents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 2, 1986).
2.04.100 Welfare benefit program.
A, The city of Yakima employees' welfare benefit
program, attached as Appendix 1 to the ordinance codified
in this section and incorporated herein by reference, is
adopted and approved.
B. The city manager, or his designee, shall be autho-
rized and directed to perform all management, administra-
tion and other responsibilities of the city under the city of
Yakima's employees' welfare benefit program, except as
expressly provided by such program or as required by law.
C. The participation agreements between the city
and the Washington State Council of County and Munici-
pal Employees, Washington State Council of County and
City Employees, AFSCME, Local 1122, AFL-CIO
("AFSCME"); Yakima Police Patrolmans Association
("YPPA") and Local 469, International Association of
Firefighters, AFL-CIO, attached to the ordinance codified
in this section as Appendices 2, 3, 4 and 5 respectively and
incorporated herein by reference, are approved, and the
city manager is authorized and directed to execute said
participation agreement.
D. The Yakima air terminal may join the city's
employee welfare benefit program and its management
employees and duly represented employees may partici-
pate in plans thereunder by action of the airport terminal
board.
E. In the event that there is a conflict between any
provision of this section or any provision of the employee
welfare benefit program and any other section of this
chapter, this section and the employee welfare benefit pro-
gram shall take precedence. (Ord. 2012-14 (part), 2012:
Ord. 94-9 § 3, 1994).
61
2.04.100
(Yakima 8-12)
2.16.010
Sections:
2.16.010
2.16.020
2.16.030
Chapter 2.16
BONDS FOR OFFICERS
Bonds required—Amount.
Approval of bonds.
Payment of premium.
2.16.010 Bonds required—Amount.
The following named officers, assistants and employ-
ees of the city of Yakima, and the treasurer of Yakima
County as ex officio collector of city taxes, before assum-
ing the duties of their respective office, shall be bonded by
a professional surety company authorized to do business
in the state of Washington, which bonds shall be condi-
tioned for the faithful discharge of the duties of such offic-
ers and employees as provided by law, in the following
amounts:
City Manager
Director of Finance
City treasurer
Yakima's County
treasurer
All other employees
Blanket Bond Annual Bond
$25,000.00
25,000.00
25,000.00
5,000.00
$100,000.00
Provided, however, that the bonds of two or more offic-
ers or employees, except for the annual bond of the city
treasurer and county treasurer, may be consolidated in one
instrument as a blanket bond. (Ord. 2212 § 1, 1978: Ord.
918 § 1, 1967: Ord. 2, 1959: Ord. B-196 § 1, 1937).
2.16.020 Approval of bonds.
Bonds required by YMC 2.16.010 shall be subject to
approval by the city attorney as to form and execution, and
upon such approval shall be retained on file in the office
of the city clerk. (Ord. 2212 § 2, 1978: Ord. B-196 § 2,
1937).
2.16.030 Payment of premium.
After the approval of said bonds, the city shall pay a
reasonable premium to the surety company furnishing
such bond. (Ord. B-196 § 3, 1937).
(Yakima 8-12)
62
Sections:
2.20.01.0..
2.20.020
2.20.030
2.20.040
2.20.050.
2.20:060
2.20.070
2.20.080
2.20.085
2.20.086
2.20.088
2.20.089
2.20.094
2.20.097
2.20.100
2.20:115
2.20.116
2.20.117
2.20.118
2.20.120
2.20.130
2.20.150
Chapter 2.20
SALARIES
Persons subject; to, plan. ,
Content of plan.
Procedure for determination of
salary, ranges.
Policy for pay steps.
Policylfor:;present. employees.
Transfer,,prom otion,
reclassification, demotion,,
reinstatement or•termination of
employees
Reduction of salary.
Effect of budget.
Reimbursement for expenditures.
Reimbursable expenditures—
Amounts.
Uniform allowance—Special
assignment pay.
Bilingual pay. for management
employees.
Salary of mayor, assistant mayor
and councilmembers—Fringe
benefits.
Vehicle allowance for city
manager.
Classification and compensation
plan.
Management pay and
compensation definitions.
Management pay and
compensation adjustments.
Management salary schedule
separation.
Management employee disability
insurance.
Shift differential.
Management group tax deferred
compensation plan.
Management personnel Section
125 plan.
2.20.010 Persons subject to plan.
All employees of the city of Yakima shall be subject to
the classification and compensation plan established in
this chapter. (Ord. 302, 1961: Ord. 194 § 1, 1964).
2.20.020 Content of plan.
The classification and compensation plan shall include:
1. The basic salary schedule as set forth in this chap-
ter, and subsequent amendments and additions thereto;
63
2.20.010
2. A schedule of salary ranges consisting of mini-
mum and maximum rates of pay for each management
position and minimum and maximum rates of pay,
together with intermediate steps, for all other classes of
positions included in the city classification plan as set
forth in this chapter, and subsequent amendments and
additions thereto;
3. The annual budgets prescribed by 'the laws of the
state of Washington. (Ord. 1745 § 1, 1975: Ord. 194 § 2,
1960)
2.20.030 Procedure for determination` of salary
ranges.
Salary ranges shall be linked directly to the 'Plan of
position classification and shall be determined with due
regard' to ranges of pay for other classes, relative` difficulty
and responsibility of positions in the class, availability,of
employees in particular occupational categories, 'prevail-
ing rates,of pay for similar employment'in private estab-
lishments in the Yakima area, rates of pay in other
jurisdictions, cost of hving'factors, the fmancial policies
of the city and other economic considerations.` The mini-
mum and maximum and intermediate steps of each salary
range shall be those rates in the basic salary schedule
which most nearly reflect these factors.
Prior to the preparation of each annual budget, as well
as at other appropriate times, the city manager shall make
or direct to be made such comparative studies as he may
deem necessary, of the factors affecting the. level of salary
ranges. On the basis of information derived from such
studies, the city manager shall recommend to the council
for approval such changes. hi the salary ranges as are per-
tinent to the fairness and adequacy of the overall salary
structure. Such changes shall be accomplished'by increas-
ing or decreasing the salary ranges the appropriate number
of ranges as provided in the basic salary schedule. The rate
of pay for each employee shall be adjusted to the corre-
sponding step in the new range in conformance with the
adjustment of the salary range for the class. (Ord. 194 § 3,
1960).
2.20.040 Policy for pay steps.
The following shall be the general policy with respect
to the use of the pay steps within salary ranges:
1. The minimum rate of pay for a class shall be paid
to any person on his original appointment, except appoint-
ments at a salary rate above the minimum may be autho-
rized by the appointing authority when necessary to fill
positions in "shortage" occupations or when necessary to
recruit applicants with exceptional qualifications.
2. The basic salary range shall consist of five steps
to be known as Steps 1, 2, 3, 4, and 5. An employee,
except seasonal employees, shall normally be advanced to
the next higher step six months after the date of hiring or
promotion and to the succeeding steps at one-year inter -
(Yakima 1-14)
2.20.050
vals, providing that employee's work has been satisfac-
tory and the employee is making normal progress on the
job. Employees in permanent seasonal positions shall be
advanced to Steps 2, 3, 4, and 5 upon the completion of six
months', eighteen months', thirty months', and forty-two
months' of service, respectively; provided, such advance-
ments shall be made only for employees with a satisfac-
tory or better performance rating for the preceding season.
All within -range increases are subject to the availabil-
ity of funds. For purposes of computing the length of time
for eligibility for within -range increases, the period of all
leaves of absence without pay shall not be included.
In order to simplify the preparation of payrolls, eligibil-
ity for within -range salary increases shall be computed in
the manner heretofore set forth; provided, however, that
upon an eligibility date falling on or before the fifteenth
day of the month, such increase shall become effective as
of the first day of the month; and provided further, that
upon an eligibility date falling on or after the sixteenth day
of the month, such increase shall become effective as of
the first day of the following month.
Salary increases or decreases resulting from the adjust-
ment of salary ranges in accordance with Section 2.20.030
shall not prevent within -range increase in accordance with
this section. (Ord. 2051 § 1, 1977: Ord. 1389 § 1, 1972:
Ord. 1082 § 1, 1968: Ord. 748, 1965: Ord. 478, 1963: Ord.
194 § 4, 1960).
2.20.050 Policy for present employees.
As of the effective date of the adoption of the compen-
sation plan and any subsequent amendments thereof:
A. .All employees, whose pay isin excess. of the max-
imum rate prescribed for their class shall not be reduced in
pay, but they shall not receive any pay increases as long as
they occupy positions for which the salary range maxi-
mum is the same as or less than the pay rate currently
received.
B. Employees will be advanced in pay as a result of
an adjustment to the salary range for their class as pro-
vided for in YMC 2.20.030, provided that no such
advancement in pay shall be effective for a probationary
employee in the management group defined in YMC
2.04.030(D), until the end of the probation. In addition,
employees will be eligible for within -range increases
according to service in the class as provided for in YMC
2.20.040(2), provided that no such advancement in pay
shall be effective for a probationary employeein the man-
agement group defined in YMC 2.04.030(D), until the end
of the probation.
The provisions of this section shall not prevent demo-
tion or reduction for disciplinary reason or the application
of service -wide pay decreases when such action is
required by the financial conditions of the city or by
changing economic conditions. (Ord. 3428 § 1, 1991: Ord.
194 § 5, 1960).
(Yakima 1-14)
64
2.20.060 Transfer, promotion, reclassification,
demotion, reinstatement or termination
of employees.
A. When an employee is transferred, promoted,
reclassified, demoted or reinstated, the employee's rate of
pay for the new position shall be determined as follows:
1. Transfer. An employee transferred to another
position in the same class will continue to receive the
same rate of pay until the employee is promoted or
demoted.
2. Promotion/Reclassification. An employee pro-
moted or reclassified to a position in a class having a
higher pay range shall receive a salary increase as follows:
a. If the employee's rate of pay hi the lower class is
below the minimum salary of the higher class, the
employee's rate of pay shall be increased to the minimum
rate of the higher class.
b. If the employee's rate of pay in the lower class
falls within the range of pay for the higher class, the
employee shall be advanced to the pay step in the higher
range which is next higher in amount above the
employee's pay before promotion.
c. In the case of promotion, within -range increases
shall be granted in accordance with YMC 2.20.040(2).
d. In the case of reclassification, the employee shall
be eligible for a within -range increase on the employee's
normal anniversary date. For employees who have been at
the maximum of the salary range for more than one year,
the date of reclassification shall become the employee's
anniversary date for future within -range increases.
3. Demotion. An employee demoted from a position
in one class to another class --having a lower pay range shall
receive a salary decrease.
(a) If the rate of pay of the employee in the higher
class is above the maximum salary for the lower class, the
employee's rate of pay will be decreased to the maximum
rate of the lower class.
(b) If the rate of pay of the employee in the higher
class is within the pay range of the lower class, the
employee's rate of pay shall be reduced to the next lower.
B. Severance. When an employee is terminated by
the city manager, the city council grants authority to the
city manager, at his or her option, to authorize a payment
to the terminated city employee of lump sum severance
pay equal to up to four months of the employee's base sal-
ary as full and complete payment and satisfaction of any
claims of the employee arising out of his or her employ-
ment. The city manager is granted the authority to deter-
mine the specific amount of the severance payment;
provided, however, it shall not exceed four months of the
employee's base salary without the specific consent of the
city council. Any lump sum severance payment is subject
to normal payroll withholding taxes. As consideration for
such severance payment, the employee shall, prior to
receipt of the payment, execute and deliver to the city a
general release of the city of Yakima and its elected and
appointed officers, employees and agents for all acts and
actions (whether accrued or subsequently accruing) from
the beginning of employment until the date of release, said
release to be prepared by the city attorney or his or' her
designee. Although the city manager has the option to
authorize a severance, payment under the terms of this sec-
tion, the city manageris not required to authorize a sever-
ance payment to an employee who has been terminated.
(Ord. 2013=029"§ `1, 2013: Ord.' 1831:§'>I, 1975: Ord. 1614
§ 2, 1974: Ord. 194 § 6, 1960).
2.20.070 Reduction of salary.,
An appointing authority forjust.causes may reduce the
salary of an employee within the pay range prescribed for
the class, Notice of intention to effect such a reduction'in
pay and the reasons for such action; shall be given to, the
employee and; the civil service :chief examiner ten days
prior tothe effective date for the reduction. The employee
affected ,shall have .the right to appeal m the manner out-
lined in the civil service rules and regulations. (Ord. 194 §
7, 1960).
2.20.080 Effect of budget.
This chapter shall be in force and effect February 1,
1961, and from and after said effective date employees in
each class of position in.the civil service shall be compen-
sated according to the basic salary schedule and salary
ranges set forth in this chapter, and subsequent amend-
ments and additions thereto, and in accordance with the
annual budgets adopted , by the, council pursuant, to the
laws of the state of Washington. In_cases..of promotion,
transfer and the return of an employee after leave of
absence, and in cases of classification or reclassification
of positions which, under YMC 2.20.060 and other provi-
sions of this chapter, require the payment of ,a different
wage or salary than that specifically set forth in the annual
budget, the compensation to be paid in such cases shall be
figured and paid in accordance with YMC 2.20.060 and
other pertinent sections of this chapter without ordinance
or council action, if the payment thereof can lawfully be
made from funds appropriated under the current annual
budget, under the item of salaries and wages, without
exceeding appropriation.
In cases where the annual budget makes provisions for
the payment of compensation for any position classifica-
tion differing from the compensation set forth in said sal-
ary ranges in order to comply with the provision of
subsection A of YMC 2.20.050, the employee affected by
the provision of said section shall be paid the compensa-
tion for such position as set forth in the annual budget, and
in all cases where no provision is made in said salary
ranges the compensation to be paid any employee shall be
that set forth in the annual budget or such compensation as
65
2.20.070
shall be lawfully authorized by the city council. (Ord. 194
§ 8, 1960).
2.20.085'' Reimbursement for expenditures.
In addition to ,the prescribed rates of pay '.and,other
allowances provided for in this chapter, -officers and
employees of the city shall be entitled to reimbursement
for, or the'benefit from, the following classes of official
expenditures:
1 Officers sand employees'shall be entitled to reim-
burseinent'for expenses which may lawfdlly'be incurred
when they are required, with specific written 'approval of
the city manager, to make necessary' out -Of -pocket expen-
ditures within or without the city of a nature beyond' those
normally associated with the performance of the routine
official duties of such individuals, 'for purposes which
principally promote, develop or -:publicize the city's best
interests.
2. In the event the city manager of the city of
Yakima determines that in order to 'secure the services of
any person not residing' within' the Yakima area as an
employee of the city of.Yakima;'it is necessary to pay the
cost of moving the household goods and personal effects
of such person from hi's'place of residence to the city of
Yakima upon his appointment to city service, then pay-
ment of reasonable and necessary moving costs may be
made from appropriate available maintenance and opera-
tion funds in the city's annual budget'upoi the approval
of the city manager.
3. The council finds that in selecting personnel to fill
positions in the city of Yakima requiring special experi-
ence and training to qualify for such positions, it becomes
necessary, in order to ensure selection of the most quali-
fied applicant, that applicants for such`positions be per-
sonally interviewed, and that in certain cases the expense
to the city of sending members of boards, commissions
and other officers of the city to various' localities for the
purpose of conducting such interviews exceeds the cost to
the city government of providing that the interviews be
had in the city of Yakima at the city's expense and that the
payment by the city of the necessary travel and subsis-
tence expenses for a limited number of applicants to be
brought to the city will result in a saving of expense to the
city in the outlay of travel'and subsistence expenses' or in
the time which would be lost by reason of regular officers
or employees of the city conducting the interviews else-
where. The council further finds that in such cases the pay-
ment by the city. of the travel and subsistence expense of
applicants requested to come to the city of Yakima for
interview is a proper municipal expense and for a proper
municipal purpose.
4. In order to make a proper determination of the
facts in cases where authority is requested to bring in
applicants for any position in the city of Yakima at the
city's expense, the city manager is authorized to deter -
(Yakima 1-14)
2.20.086
mine the facts, and, upon approval by the city manager,
based upon a determination that the payment by the city of
the expenses of bringing a limited number of applicants to
the city of Yakima for interview is necessary to make pos-
sible the selection of the best available applicant for a
position involving special skill and experience to properly
discharge the duties thereof, and that the payment of the
expense of bringing said applicants to the city is less than
the expense and loss to the city in sending its officers,
commissions or boards to conduct said interview else-
where, and that funds for the payment of such expenses
are lawfully available, payment therefor shall be consid-
ered as approval by the city council and shall be paid from
the fund to which said expenses are properly chargeable.
5. Training and Education.
a. Policy. The city council encourages the training
and education of city officers and employees to the end
that they may more effectively render services to the pub-
lic in performing assigned duties or in preparing to assume
higher responsibilities within the city service.
b. Reimbursement. Officers and employees shall be
entitled to reimbursement for ordinary and reasonable
expenses incurred in pursuing such training and education
on compliance with the following conditions:
(1) In the opinion of the city manager, the seminar or
course of study must be related to the performance of
duties of the officer or employee in rendering service to
the public, or must assist the officer or employee in pre-
paring to assume higher responsibilities within the city
service by promotion or otherwise;
(2) Specific. written approval for the seminar or
course of study must be obtained in advance from the city
manager or his designate; and
(3) Funds for reimbursement to the officer or
employee must be lawfully available within the city's
budget or by appropriation therein.
6. Professional Fees, Licenses, and Membership
Dues.
a. Management employees as defined in subsection
2.04.030(D) of this code shall be entitled to direct pay-
ment by the city of Yakima or reimbursement to the
employee, for professional fees, licenses and membership
dues applicable to any such employee, in an amount
approved by the city manager.
b. Funds for this purpose must be lawfully available
within the city's budget or by appropriation therein. (Ord.
3403 § 4, 1991: Ord. 2302 § 1, 1979: Ord. 2088 § 1, 1977:
Ord. 189 § 1, 1976; Ord. 748, 1965: Ord. 208, 1960: Ord.
194 § 9A, 1960).
2.20.086 Reimbursable expenditures—Amounts.
A. All officers and employees shall, in addition to
their prescribed rates of pay, be reimbursed for the follow-
ing listed expenditures:
(Yakima 1-14)
66
1. Transportation. The actual fare shall be paid for
transportation by common carrier. Reimbursement at the
per mile rate authorized by the Internal Revenue Code of
1989, as amended from time to time, shall be made for the
use of private auto; provided, the reimbursement for travel
by private auto to a point outside the state of Washington
shall not exceed the total expense for such travel by com-
mercial air coach including related and incidental trans-
portation expenses such as limousine or taxi fare, car
rental, parking fees and similar costs.
2. Lodging and Meals. The actual expense for lodg-
ing and meals shall be paid; provided, that the total reim-
bursable expense for both lodging and meals shall not
exceed one hundred seventy-five dollars per day, includ-
ing tips and gratuities; provided further, that when con-
ventions, conferences, seminars or similar functions make
expenditures in excess of one hundred seventy-five dol-
lars per day necessary for lodging and meals, in the opin-
ion of the city manager such excess expenditures may be
allowed and reimbursed when approved by the city man-
ager.
3. Necessary Minor Expenses. The actual amounts
of necessary, or usual and customary, minor expenses,
including tips and gratuities, shall be reimbursed.
B. All reimbursed expenses must be necessary, rea-
sonable, within budget limits set for travel and training,
and incurred in the conduct of the business of the city.
When two or more representatives of the city attend the
same meeting, transportation shall be planned to avoid
needless duplication_ of automobiles. Employees shall
obtain approval prior to taking any trip from their depart-
ment head: and from the city manager. (Ord. 98-8 § 1,
1998; Ord. 95-9 § 1, 1995; Ord. 3326 § 1, 1990; Ord. 3237
§ 1, 1990; Ord. 2743 § 1, 1984: Ord. 2414 § 1, 1980: Ord.
2088 § 2, 1977: Ord. 2022 § 1, 1976: Ord. 1614 § 3, 1974:
Ord. 858, 1966: Ord. 748, 1965: Ord. 213, 1960: Ord. 194
§ 9B, 1960).
2.20.088 Uniform allowance—Special assignment
pay.
A. Police detectives and patrolmen assigned to the
detective division of the police department, when not
issued or required to wear a uniform in the performance of
their assigned duties, shall be paid a monthly clothing
allowance of eighteen dollars in lieu of an issued uniform.
B. (1) Except for employees in the fire department
and except for employees represented by AFSCME Local
1122, when a salaried employee works in a higher classi-
fication for a period of one day or longer, performs sub-
stantially all of the duties of such higher classification and
is not actually receiving supervised training for that posi-
tion, the employee shall be paid at the pay step in the
higher classification which is next higher in amount above
the employee's pay in the lower classification. The provi-
sions of this section shall not apply to management per-
sonnel,
(2) When,an hourly employee works in a higher clas-
sification for a period of one hour or longer, performs sub-
stantially all of,the:duties of such higher classification and
is not actually receiving supervised training for such posi-
tion, the employee shall, be,paid.at the step in the higher
classification which is next higher in amount above the
employee's. pay in the lower classification.
(3) Whence.salariedppermanent,employee represented
.
by AFSCME:Local 1122 works for,one hour or longer in
a higher classification and in a different classification
series from which the employee is regularly employed and
performs substantially,all of the duties of such higher clas-
sification and -is notactually receivingsupervisedtraining
for, such position, the employee shall ,be paid at the pay
step in the higher classification which is next higher in
amountabove the employee's pay in the lower classifica-
tion for all, such hours consecutively worked in the higher
classification.
(4) When a salaried permanent employee- represented,
by, AFSCME Local,1122 works four consecutive hours, or
longer in a higher classification in the same classification
series in which the employee is regularly employed and
performs substantially all of the duties of such higher clas-
sification and is not actually receiving supervised training
for such position,theemployee shall be paid at the pay
step in the higher classification which .is,next higher in
amount above the employee's pay. in the lower classifica-
tion for all such hours consecutively worked in the higher
classification.
C. Clerical personnel in the police departmentshall
be paid fifteen.dollars per month, in additionto their regu-
lar salary when required to be available for night or week-
end shifts, or when required to perform police duties other
than clerical. Effective January 1;.1978, after six p.m. and
until six a.m. on regularly scheduled shifts, an additional
two percent per hour over base pay will be paid for all
hours worked within the stipulated period to the nearest
one-half hour for police department clerical personnel.
D. Police officers shall be paid thirty dollars per
month in addition to their regular salary when assigned the
duties of administrative assistant to the chief of police.
E. When any commissioned member of the police
department is assigned by the chief of the department to a
position in a higher classification for a period of four
hours or more, such member shall be paid at the lowest
rate of the higher classification which provides any salary
increase for the officer for the actual time so assigned. The
amount of payment for such special assignment shall be
computed in accordance with any applicable provision of
YMC 2,40.100. The payment for any such special assign-
ment duty shall be subject to the availability of department
funds for such purpose.
67
2.20.089
F. When any employee of the fire department is tem-
porarily assigned by the chief of the department to a posi-
tion in a'higher classification for a period of four hours or
longer, such member shall be paid special assignment pay
of five percent above the normal base pay ofthat employee
during that period of continuous service; provided, that the
employee exercises the responsibility;' including opera-
tional and administrative duties, as they apply to that posi-
tion in the higher classification; provided, further, the chief
of the fire departTnent may authorize special assignment
pay in excess of the five percent provided'herein in excep
tional circumstances,as determined by the chief. `'
G. When any employee of the,police department is
assigned by the chief of the department to a position which
requires operation of a motorcycle, such member shall 'be
paid,.twenty-five dollars per month, m addition to his'reg-
ular salary, for each month that he operates a motorcycle
more than fifty percent of his total duty, time
H. When an employee of the fire department is
assigned the duties of administrative assistant to the fire
chief, such member shall receive sixty dollars per month'
in addition to the employee's regular salary.
I. When a programmer,analyst is assigned to the
police department, such person shall receive seventy-five
dollars per month in addition to the employee's regular
salary.
J. When an employee is temporarily assigned by the
city manager to a position in a,higher management classi-
fication for a period of one day.. or longer and performs
substantially all of the duties of such higher classification,
or when the city manager assigns an employee additional
responsibilities beyond the scope of his/her current classi-
fication, the city manager may authorize and directthat
the employee be paid special assignment pay, in ,an
amount the city manager determines reasonable, above the
normal base pay of that employee during the period of the
employee's continuous service in said higher classifica-
tion or performance of additional responsibilities. As used
in this section, the term "management classification"
means those positions identified in YMC 2.20.115(2).
(Ord, 2013-005 § 1, 2013: Ord. 2005-42 § 1, 2005: Ord.
3379 § 1, 1991; Ord. 2843 § 1, 1985: Ord. 2153 § 2, 1978:
Ord. 1860 §§ 1, 2, 1975: Ord. 1745 §§ 2, 3, 1975: Ord.
1614 § 4, 1974: Ord. 1474 § 4, 1972: Ord. 1381 §§ 2, 3,
1972: Ord. 980 § 1, l 967: Ord. 854 §§ 1, 2, 1966: Ord. 748
§ 4, 1965: Ord, 584 § 1, 1964: Ord. 478 § 2, 1963: Ord.
391 § 1, 1962: Ord. 302 § 6, 1961).
2.20.089 Bilingual pay for management
employees.
Effective July 1, 2003, in addition to the prescribed rates
of pay and allowances provided for in this chapter, man-
agement employees who have a bilingual capacity shall
receive sixty dollars per month for their work in that capac-
ity subject to prior written approval from their respective
(Yakima 7-14)
2.20.094
department head and subject to achieving a passing score
on the bilingual/biliterate skills examination conducted
under the civil service rules and regulations and adminis-
tered by the civil service chief examiner. Department heads
may waive the testing requirement if the employee can
demonstrate to the satisfaction of the department head,
through documentation or otherwise (i.e., court interpreter
certification from the state of Washington), that the
employee has sufficient bilingual/biliterate skills.
Management employees employed by the city of
Yakima before July 1, 2003, who demonstrated bilin-
gual/biliteral capacity by achieving a passing score on the
civil service bilingual/biliterate examination and/or by
demonstrating bilingual capacity to the satisfaction of
their department head and who received prior approval
from their respective department head shall receive, in
addition to the prescribed rates of pay and allowances pro-
vided for in this chapter, thirty dollars per month for their
work before July 1, 2003, in that capacity.
As used in this section, the term "management employ-
ees" means those positions identified in YMC
2.20.115(2). (Ord. 2003-36 § 1, 2003).
2.20.094 Salary of mayor, assistant mayor, and
council members -Fringe benefits.
A. Salary of Mayor and Assistant Mayor. The
mayor, assistant mayor, and city council members other
than the mayor and assistant mayor shall be paid a salary
computed and paid on a monthly basis as follows:
Position
Mayor
Assistant mayor
City council members
Salary Per Month
$1,043.95
$800.37
$695.97
Effective January 1, 2006, and with regard to an at -
large city council member who is elected to be mayor, the
monthly salary of the mayor shall be one thousand three
hundred seventy-five dollars.
Effective January 1, 2008, and with regard to a district
position city council member who is elected to be mayor,
the monthly salary of the mayor shall be one thousand
three hundred seventy-five dollars.
Effective January 1, 2006, and with regard to an at -
large city council member who is elected to be assistant
mayor, the monthly salary for the assistant mayor shall be
one thousand one hundred seventy-five dollars.
Effective January 1, 2008, and with regard to a district
position city council member who is elected to be assistant
mayor, the monthly salary of the assistant mayor shall be
one thousand one hundred seventy-five dollars.
Effective January 1, 2006, the monthly salary for each
at -large city council member shall be one thousand sev-
enty-five dollars.
(Yakima 7-14)
68
Effective January 1, 2008, the monthly salary for each
district position city council member shall be one thou-
sand seventy-five dollars.
B. Fringe Benefits. Commencing January 1, 1992,
members of the city council, including the mayor and
assistant mayor, shall receive no compensation for serving
as mayor, assistant mayor, or council member other than
the salary provided by subsection A of this section, and the
following additional benefits, which are authorized:
1. Reimbursement for expenditures as provided by
YMC 2.20.086;
2. Protection of a five -thousand -dollar life insurance
policy, with the premium fully paid by the city;
3. Protection of Workmen's Compensation Insur-
ance coverage under the State Industrial Insurance sys-
tem;
4. Protection by a policy of insurance known vari-
ously as professional liability insurance or errors and com-
mission insurance, covering council members acting in
their official capacity, with coverage in the same amount
as obtained from time to time for the protection of other
city officers and employees, with the premium fully paid
by the city;
5. Payment by the city of its portion of Social Secu-
rity payroll tax on earnings of council members; and any
other benefits expressly required by applicable laws;
6. Participation in the city employee welfare benefit
program established by YMC 2.04.100; provided, that an
election and payment are made as provided in YMC
2.04.030(D)(4). (Ord. 2005-35 § 1, 2005: Ord. 2000-2 § 1,
2000: Ord. 99-10 § 1, 1999: Ord. 94-9 § 2, 1994; Ord.
3210 § 1, 1989: Ord. 2920 §§ 1, 2, 1985; Ord. 2556 § 1,
1981).
2.20.097 Vehicle allowance for city manager.
The city manager shall be paid the amount of three
hundred dollars each month as a vehicle allowance, in
addition to the salary specified in the compensation plan
for city employees. (Ord. 2005-78 § 1, 2005: Ord. 96-86
§ 1, 1996: Ord. 2364 § 1, 1979).
2.20.100 Classification and compensation plan.
A classification and compensation plan for city
employees is hereby adopted to be effective: June 8, 2014.
Pay ranges and pay steps set out in the schedule for the
classifications allocated to these pay ranges shall be in full
force and effective on the date stated above. The pay rates
shall constitute full compensation for those employees
with a work week of forty hours as set out in other sections
of this code. Employees whose work week is less than
forty hours shall be paid at the rate which is in the same
proportion to the rates set out herein within their applica-
ble classification that their work week bears to forty hours.
The hourly rate for those employees of the fire department whose work week exceeds forty hours shall be computed according to the provisions of YMC
2.22.030.
The performance of employees shall be evaluated annually in accordance with a management performance evaluation plan. The result of the perfor-
mance evaluations shall be used by the city manager to determine the salary of each employee in the designated positions and shall be used by the city
council to determine the salary of the city manager, said salaries to be no less than the minimum nor no greater than the maximum set out in the pay range
applicable to the position according to the following schedule:
6410 9-1-1 CALLTAKER
CS: FIRE Union: IAFF
10302 ACCOUNTANT
CS: CHARTER Union: TEAMSTERS
2312 ACCOUNTING TECHNICIAN
CS: CHARTER Union: AFSCME
11610 ADMIN. ASST. FOR YAKIMA AIR TERMINAL
CS: CHARTER Union: AFSCME
1331 ADMIN. ASST. TO THE CITY MANAGER
CS: EXEMPT Union: NONE
11615 ADMINISTRATIVE ASSISTANT FOR WASTEWATER
CS: CHARTER Union: NONE
16101 ADMINISTRATIVE ASSISTANT TO FIRE CHIEF
CS: FIRE Union: TEAMSTERS
11701 ADMINISTRATIVE ASSISTANT TO POLICE CHIEF
CS: CHARTER Union: NONE
10507 ADMINISTRATIVE SECRETARY
CS: CHARTER Union: NONE
590 01/01/2017
01/01/2016
01/01/2015
01/01/2014
975SA 01/01/2014
12.5 01/01/2017
01/01/2016
01/01/2015
01/01/2014
980A 01/01/2017
01/01/2016
01/01/2015
01/01/2014
972 01/01/2014
18.78 19.72 20.74 ' 21.77 22.86
18.32 19.24 20.23 ` 21.24 22.30
17.87 18.77 19.74 " 20.72 21.76
17.52 18.40 19.35 20.31 21.33
29.07 30.52 32.03 " 33.66 35.33
17.82 18.56 19.45 ". 20.39 21.29
17.39 `'18.11 18.98 19.89 20.77
16.97 ' 17.67 ` 18.52 19.40 20.26
16.56 17.24 18.07 ' 18.93 19.77
24.30 25.53 26.76 ' 28.14 29.49
23.71 24.91 26.11 27.45 28.77
23.13 24.30 25.47 26.78 28.07
22.57 23.71 24.85 ° 26.13 27.39
32.86 34.50 36.24 38.04 39.92
980 01/01/2014 22.24
23.36 24.48 25.74 26.99
980SA 01/01/2014 22.78 23.93 25.08 26.36 27.64
980 01/01/2014 2224 23.36 24.48 25.74 26.99
983 01/01/2014 19.21 20.19 21.15 2224 23.36
24.01
23.42
22.85
22.40
noetic value.. of, employee compensation .and benefits,
including,, but.notairnited,to,salary,, longevity, paid leave,
holidays,deferred compensation and ..- other_forms of
employee compensation, said change to be measured from
one,calendar year to the next succeeding calendar year.
2 "Management employees" means all nontempo-
ra y. employeesan the following, positions:,,
(a) Executive series,,aslisted ,in YMC 2.20.100(B);
(b) s,Management series, as listed in YMC
2.20 100(B),
,(c)., ;Executiye support, series as listed in YMC
2.20.100(B); u
(d) Public safety management series, as listed in
YMC 2.20.110(E);
(e) Union exempt civil service classes, as listed in
YMC 2 20;100(D), ,
3. 7, "Management PACA" means the.pay and com-
pensation adjustment,. for management, employees that is
computed each calendar year using theformula set forth in
YM.C,.2.20.116.
4. "Reference year" means the current, calendar year
for,.:which the Management PACA is computed and will
become effective on January 1st.
5. ;."Prior year" means the calendar year immediately
preceding the reference year.
6. `.`Bargaining unit PACA" means the pay and com-
pensation adjustment for a recognized city of Yakima
employee bargaining unit, as approved for•the reference
year by formal action of the Yakima city council..
7. "Average bargaining unit PACA" means the
average of all,. bargaining unit PACAs .that become effec-
tive during a particular reference year
8. •"Balancing adjustment" ,means the positive or
negative change in the average bargaining unit PACA for
the.prior year, which change has occurred after computa-
tion,of the management PACA for the prior year due to
delayed resolution of bargaining unit negotiations. This
change must be incorporated. intothecomputation of the
management PACA for the reference year in order to
achieve equality between the management PACA and the
average bargaining unit PACA. (Ord. 95-16 § 2, 1995;
Ord. 94-83 ,§ 1, 1994).
2.20.116 Management pay and compensation
adjustments.
A. Notice of Anticipated Management PACA. The
city manager or designee shall provide the city council
with written notice at least thirty days before the imple-
mentation date of the anticipated management PACA
based on the latest available projections using the manage-
ment PACA formula in subsection B of this section.
B. Pay and Compensation Adjustment Formula, A
management pay and compensation adjustment shall be
computed as of January 1st of each successive reference
year based upon the following formula;
94e
2.20.1,16
Management. PACA =Average Bargaining Unit,
PACA + Balancing Adjustment
The: computed. management PACA. shall be converted
into dollars _for each respective .management 'employee,
classification,: and the amounts thereby :derived shall be
added,=to each respective :management ;employee :salary
schedule effective, on January 1st of the reference year,
subject.. to.change.pursuant,to subsection,C of this section.
The management employee salary. schedules 'as modified,
shall be.annually codified in .YMC 2 20:,1101If the balanc-
ing adjustment is positive as ,of January 1,st in ,a particular
reference year, then management, employees shall'receive;
a lump sum payment as deferred earnings from the prior
yearequal,to the incremental,amount that would have oth-
erwise been paid if bargaining;unit negotiations had been
resolved at the beginning of the prior year.
C. .' -Effectivenessk of Pay_ and :Compensation .Adjust-
ments. Management pay and compensation adjustments,
as computed, in subsection <Bs.ofthis .section, shallbe,effec-
tive om.January1st of eachsuccessive.reference,year, sub-
ject to the city council'sauthority: to cancel, decrease,
increase or otherwise change the management PACA by
adopting amendatory legislation at . least .fifteen days
before the management PACA implementation date.
D. Retroactive Payment of Deferred Earnings. In the
event that there are no known bargaining unit PACAs as
of January 1st of the reference year, due to unresolved bar-
gaining unit negotiations, thereby yielding an average bar-
gaining unit PACA equal tozero, then computation of the
management PACA for that reference year shall be post-
poned and computed' on June 30th of the reference year
and paid retroactively to January 1st of the reference year.
The formula set forth in subsection B of this section shall
be used for this June 30th computation. Under this circum-
stance, the city council and management employees agree
that payment of the management PACA is deferred until
the June 30th computation. During such six-month defer-
ral period, management employees shall be paid in accor-
dance with the preceding year's salary schedule, but such
compensation shall be deemed to be less than the total
compensation to be paid for the services provided during
said deferral period. '
E. Satisfactory Performance Condition. A manage-
ment employee shall receive the=PACA provided for in
this section, conditioned upon satisfactory performance
under the.employee merit pay plan,, and subject to change
pursuant to subsection C of this section.
F. Agreement for Deferred Earnings. Whenever
there are any unresolved bargaining unit negotiations as of
January 1st of the reference year, then it shall be under-
stood and agreed between the city council and the man-
agement employees that management employees will be
paid an amount less than their total compensation for the
reference year until such time as all bargaining unit nego-
(Yakima 12-12)
2.20.117
tiations have been resolved and the incremental manage-
ment PACA can be precisely computed and paid
retroactively as deferred earnings.
G. Nonexclusive Adjustment Process. The manage-
ment pay and compensation adjustments provided for in
this section shall not be deemed to be an exclusive process
for adjusting management pay and compensation, and the
city council may wish to consider pay and compensation
adjustments based upon comparative studies conducted
pursuant to YMC 2.20.030.
H. Examples of Management PACA Computations.
The following hypothetical examples illustrate how the
management PACA formula operates:
Example 1: Bargaining Unit Negotiations Com-
pleted in First Half of Reference Year.
As of January 1st of particular year, the average of
all known bargaining unit PACAs to be effective
during that year is 2.2%. There were no delayed bar-
gaining unit negotiations during the prior year so the
balancing adjustment is zero. Therefore, the manage-
ment PACA to be effective on January 1st of the ref-
erence year is 2.2%. Assuming that delayed
bargaining unit negotiations for the reference year are
resolved before June 30th, resulting in a revised aver-
age bargaining unit PACA for the reference year
equal to 3.0%, then the revised management PACA is
also 3.0%. This means that management employees
have deferred earnings for January through June of
the reference year in the differential amount of 0.8%
of base salary over the six-month period. This per-
centage amount will be converted into dollars and
added to the next management employee paycheck as
lump sum deferred earnings. The management em-
ployee salary schedules will also be adjusted to re-
flect the 0.8% positive adjustment.
Example 2: Bargaining Unit Negotiations Com-
pleted in Second Half of Reference Year With Posi-
tive Balancing Adjustment.
As of January 1st of a particular year, the average
of all bargaining unit PACAs to be effective during
that year is 2.0%. Unresolved bargaining unit negoti-
ations during the prior year were settled in the second
half of the prior year, resulting in a positive balancing
adjustment of + 0.5%. Reference year management
PACA equals 2.0% + 0.5%, for a total management
PACA of 2.5%. The management employee salary
schedules will be adjusted to reflect a total 2.5% pos-
itive adjustment. In addition, the 0.5% positive bal-
ancing adjustment will be converted into dollars and
added as a lump sum payment into the next manage-
ment employee paycheck as deferred earnings.
(Yakima 12-12)
94f
Example 3: Bargaining Unit Negotiations Com-
pleted in Second Half of Reference Year With Nega-
tive Balancing Adjustment.
The same facts arise in this example as in Example
2 above, with the exception that there is a negative
balancing adjustment equal to minus 0.5%. Reference
year management PACA equals 2.0% minus 0.5% for
a total management PACA of 1.5%. The management
employee salary schedules will be adjusted to reflect
this total 1.5% positive adjustment. There is no retro-
active pay adjustment for the prior year.
(Ord. 94-83 § 2, 1994).
2.20.117 Management salary schedule separation.
It is the policy of the city of Yakima that managers and
supervisors shall receive salaries that are a minimum of
five percent higher than subordinate employees. When-
ever management employee group salary schedules are
changed or adjusted, a minimum positive five percent sep-
aration above bargaining unit salary schedules shall be
maintained. Within the management employee group, sal-
ary schedules for management employees with supervi-
sory responsibility shall be maintained at a minimum
positive five percent separation above subordinate
employee salary schedules. As used in this section, the
term "management employee" means those positions
identified in YMC 2.20.115(2). (Ord. 94-83 § 3,1994).
2.20.118 Management employee disability
insurance.
There is established a voluntary, employee -paid dis-
ability insurance program utilizing the payroll deduction
process for participating management employees, as
defined in YMC 2.20.115. The city director of finance and
budget is authorized to implement and operate this disabil-
ity insurance program using the city's payroll deduction
system. (Ord. 94-83 § 4, 1994).
2.20.120 Shift differential.
Effective January 1, 1979, any employee within the
bargaining unit of the American Federation of State,
County and Municipal Employees will be paid a shift dif-
ferential premium equal to an additional two percent per
hour over that employee's base pay for all hours worked
(rounded to the nearest one-half hour) by the employee
between the hours of six p.m. and six a.m. during that
employee's regularly scheduled shift, provided, effective
January 1, 1980, the rate of the shift differential premium
shall be increased to four percent per hour over base pay.
(Ord. 2265 § 2, 1979).
2.20.130 Management group tax deferred
compensation plan.
Commencing May 1., 1995, each member of the man-
agement employee group, as defined below, shall partici-
pate in a tax deferred compensation plan adopted or
approved by the city and shall be paid, in addition to that
employee's monthly salary as established by the compen-
sation plan, deferred earned compensation each month in
an amount equal to three percent of said monthly salary.
Effective December 9, 2012 (or as individually negoti-
ated between the city and prospective employees prior to
the effective date of this amendment), newly hired
employees of the management group will not be eligible,
nor shall participate, in the tax deferred compensation
plan.
The management employee group, as that term is used
in this section, . is composed of any nontemporary
employee in the following positions:
(1) Executive series, as listed in YMC 2.20.100(8);
(2) Management series, as listed in YMC
2.20.100(B);
(3) Executive support . series as listed in YMC
2.20.100(B);
(4) Public safety management series, as listed in
YMC 2.20.100(E);
(5) Union exempt management support group, as
listed in YMC 2.20.100(D);
(6) Union exempt supervisory group, as listed in
YMC 2.20.110(H);
(7) Union exempt fire civil service, as listed in YMC
2.20.100(K). (Ord. 2012-42 § 1, 2012: Ord. 95-18 § 1,
1995: Ord. 3504 § 2, 1992: Ord. 3500 § 1, 1992: Ord. 2873
§ 1, 1985: Ord. 2689 § 1, 1983).
2.20.150 Management personnel Section 125 plan.
A. The Section 125 spending plan for the city of
Yakima as contemplated by 26 U.S.C. Section 125 is
adopted for (1) all management employees, as defined
below; (2) employees covered by the LEOFF labor agree-
ment with IAFF Local No. 469; and (3) such other collec-
tive bargaining units for which this benefit has been
included in a collective bargaining agreement approved
by resolution of the city of Yakima city council.
"Management employees", as that term is used in this
section, refers to all nontemporary employees in the fol-
lowing positions:
(1) Executive series, as listed in YMC 2.20.100(B);
(2) Management series, as listed in YMC
2.20.100(B);
(3) Executive support series as listed in YMC
2.20.100(B);
(4) Public safety management series, as listed in
YMC 2.20.110(E);
(5) Union exempt management support group, as
listed in YMC 2,20.100(D);
94g
2.20.130
(6) Union exempt supervisory group, as listed in
YMC 2.20.110(H);
(7) Union exempt fire civil service, as listed in YMC
2.20.110(K).
B. The Section 125 spending plan shall be on file in
the office of human resources and may be further
amended by the city manager with respect to its amounts
of contribution and services; provided, that such amend-
ments are made in written form and filed with the original
plan. (Ord.' 3504 § 2, '1992: Ord. 3500 §"1, 1992: Ord.
3430 § 1, 1991).
(Yakima 12-12)
Chapter 2.22
FIRE DEPARTMENT—WORKING CONDTITONS
Sections:
2.22.010
2.22.020
2:22.030
2.22.040
2.22.050
2.22.060
2.22.070
2.22.075
2.22.080
Workweek.
Calling off-duty firefighters in an
emergency.
Compensation.
Overtime pay.
Special assignment pay.
Time -off privileges—Vacation
leave.
Time -off privileges—
Compassionate leave.
Time -off privileges—Sick leave.
Holidays.
2.22.010 Workweek.
A. The fire chief, the battalion chief assigned as train-
ing officer, the fire marshal, fire inspectors and all other
day personnel not working a shift shall work a basic
workweek of forty hours and standard workday of eight
hours.
B. Battalion chiefs, captains, lieutenants, and
firefighters in the fire combat division working shifts
shall work a basic average workweek of fifty-five hours
and a standard work shift of twenty-four hours effective
January 1, 1976; and shall work a basic average work-
week of fifty-four hours and a standard shift of twenty-
four hours effective January 1, 1977.
C. Alarm operators shall work a basic workweek of
forty hours and a standard work shift as established by
the fire chief. (Ord. 1922 § 2 (part), 1976).
2.22.020 Calling off-duty firefighters in an
emergency.
In the event of a threatening or unusual conflagration
or other emergency, the fire chief, his assistant or other
person in charge or command of the fire department,
shall have the power and authority to summon any or all
firefighters who may be off-duty to assist in the protec-
tion of life and property. (Ord. 1922 § 2 (part), 1976).
2.22.030 Compensation.
Effective January 1, 1976, compensation for personnel
in all classifications and positions in the fire department
shall be that set out in Section 2.20.110 except that em-
ployees whose basic workweek is an average of fifty-five
hours per week shall be paid at an hourly rate computed
by dividing such employee's basic monthly salary by a
factor of 238.33. Effective January 1, 1977, employees
whose basic workweek is an average of fifty-four hours
per week shall be paid at an hourly rate computed by
94-1
2.22.010
dividing such employee's basic monthly salary by a
factor. of. 234,.00. (Ord: 1922§:2 (part),1976).
2.22.040 Overtime paY.
A. Overtime pay will be allowed for members of the
firedepartment; except,.battalion chiefs and fire chief
when required to work in excess of thein°basic workweek`
or,,their standard workday or shift at the rates set out in
subsection' B of 'this "section .
B. Overtime pay rates forfire department employees
below the rank of battalion chief shall be computed in the
following manner:
1. Effective January 1, 1976, when personnel are
called from, off -shift in order to maintain minimum fire
combat strength as determined by the city council, the
hourly overtime pay rate shall be computed by dividing
such employee's' basic monthly salary by 238.33 and
multiplying the result by 1.5. Effective January 1, 1977,
the hourly overtime pay rate shall be computed by divid-
ing such employee's basic monthly salary by 234.00 and
multiplying the result by 1.5.
2. When personnel are called from off-duty by the
fire chief or his designate because of a fire, the hourly
rate shall be computed by dividing the basic monthly
salary by 173.33 and multiplying the result by 1.5.
3. A minimum of two hours of overtime pay shall
be allowed for any callback from off -shift.
C. Fractions of an hour served on overtime duty shall
be rounded to the next full hour for the purpose of com-
puting amount of overtime.
1. When a shift battalion chief is required to provide
work coverage for a shift battalion position vacancy, the
bartalion chief shall be paid at a straight time rate equal
to the top step hourly rate for a shift battalion chief for
each hour of work performed in excess of his/her regular
51.38 hour workweek.
2. When a shift battalion chief is called back from
off-duty by the fire chief or his/her designee to perform
work due to an emergency, the battalion chief shall be
paid at an hourly rate computed by dividing his/her basic
monthly salary by 173.33 and multiplying the result by
1.5.
3. When a shift battalion chief is required to perform
work in excess of their regular 51.38 hour workweek due
to a Washington State mobilization effort, the battalion
chief shall be paid at an hourly rate computed by dividing
his/her monthly salary by 222.66 and multiplying the
result by 1.5. (Ord. 2000-16 § 1, 2000: Ord. 2014 § 1,
1976: Ord. 1922 § 2 (part), 1976).
2.22.050 Special assignment pay.
When any member of the fire department is tempo-
rarily assigned by the fire chief or his designate to a
position in a higher classification for a period of six
(Yakima 11-00)
2.22.050
hours or longer, such member shall be paid at the pay
step in the range in that higher classification which is
next greater in amount than his current salary. (Ord. 1922
§ 2 (part), 1976).
2,22,060 Time -off privileges—Vacation leave.
A. There shall be an earned leave account established
for each employee of the Yakima fire department. Accru-
(Yakima 11-00)
94-2
als to the earned leave account shall be in the following
amounts:
1. Day Shift Employees. There shall be an earned
leave account established for each employee of the
Yakima fire department working straight day shifts.
Accruals to that earned leave account shall be at the
following rates, effective January 1, 1978:
Continuous Service
in Years
Less Than
3
7
10
15
20
At Least
0
3
7
10
15
20
Full Calendar
Monthly Accrual
(Hours)
6-67/100
8
10
12
14
16
HrsJYr.Day/Yr.
80 10
96 12
120
144
168
192
15
18
21
24
2. All other members of the department who are
working shifts and who are not included in subsection 1
of this section shall accrue vacation leave at the following
rates:
a. Ten hours for each full calendar month for those
with less than ten years of continuous service;
b. Fourteen hours for each full calendar month for
those with ten or more years of continuous service.
B. Vacation leave accumulated at the end of six
months may be taken in the seventh month and each
month thereafter as accumulated.
C. All vacation leave must be requested in advance
and approved by the fire chief or his designate.
D. Vacation leave must be taken at such times as the
employee can be spared, but an employee will be allowed
to take his leave when he desires if it is possible to
schedule it at that time.
E. Accumulation of vacation leave shall be as fol-
lows:
1. Management personnel on day assignments, other
LEOFF personnel working days and non-LEOFF person-
nel, shall accrue vacation leave to a maximum of two
hundred forty hours.
2. Department employees underLEOFF working shifts
shall accumulate earned leave to a total of three hundred
thirty-six hours; provided, that in an emergency or due
to absences in the workforce which reduce the workforce
below minimum staff level, the city manager may autho-
rize accumulation of earned leave in excess of three
hundred thirty-six hours for the duration of such emer-
gency or for a period of time that the city manager may
designate, with such additional hours to be credited to
leave and taken in accordance with subsections C and D
of this section.
3. Employees transferring from shift to day work
shall not have the vacation portion of their earned leave
95
2.22.060
reducedfrom: the number of: hours accrued to the date of
transfer. (Ord. 2040 § 1, 1977; Ord. 1922 § 2 .(part),
;.1976).
2:22.070 Time -off privileges -Compassionate leave.
A. Employees not. under LEOFF shall ;be granted
compassionateleave in::accordance with Section 2:40.030.
B. Employees under LEOFF shall'` be` granted com-
passionate.leave :as : follows
In the event of death of a member of the immedi-
ate family of an.,employee .or iemployee's spouse,. as
defined in subsection B(4) of Section 2.40.030, shall .be
granted, -leave with pay not to exceed€three calendar days;
;provided, however, that additional leave with pay maybe
granted when recommended by the fire chiefor:his desig-
:nate;and approved by:the ci y manager. or his designate.
2.;: In the eventof. serious,-,injuryor illness*Mem-
bers ofan employee's immediate family living with and
dependent upon the employee and-constituting:an.emer-
gency or crisis, the;employee•may be granted leave with
pay. Any leave with payfor this purpose:mustbe.recom-
mended by the fire chief or his designate and approved
by -the city manager: or his designate. (Ord. 1922 § 2
(part), 1976).
2.22.075 Time -off privileges—Sick .leave..
A. Each employee of :the Yakima fire :department
who is covered under: provisions of Chapter 41.26 ofthe
Revised Code of Washington, but whose .effective date
of initial employment as a. firefighter orpolice officer' by
any employer is on or after October 1; 1977; so that" such
employee is not entitled to disability leave pursuant to
Chapter 41.26 of the Revised Code of Washington, shall
be granted sick leave with pay in accordance with the
provisions of this section.
B. A sick leave account shall be established for each
such eligible employee, by which account each employee
shall be credited with twelve shifts of sick leave upon
employment.
C. Accrual. Sick leave with pay shall accrue at the
rate of one working shift of leave for each full calendar
month of the eligible employee's continuous service with
the fire department, provided no sick leave shall accrue
during the first twelve months of employment.
D. Permissible use of sick leave: eligible employees
shall be granted sick leave with pay for the reasons speci-
fied by subsection B of Section 2.40.030 of this code.
(Ord. 2240 § 1, 1978).
2.22.080 Holidays.
A. All members of the fire department who are not
by the nature of their work required to provide a
twenty -four -hour -per -day service, seven days a week,
shall be granted holidays as set out in Section 2.40.080.
2.22.080
B. Employees of the fire department who, by the
nature of their work, are required to provide a
twenty -four -hour -per -day service, seven days per week,
shall be entitled to time off in lieu of holidays as follows:
1. Members of the fire combat division who are
working an average workweek of fifty-five hours effec-
tive January 1, 1976, and fifty-four hours effective Janu-
ary 1, 1977, shall receive four twenty -four-hour shifts off
with pay each year. Eight hours of time off in lieu of
holidays shall be considered to be earned each month and
such time shall be added to each employee's earned leave
account.
2. Alarm operators shall receive eight hours of time
off in lieu of each holiday set forth in Section 2.40.080
and these holidays will be subject to the same conditions
as those for other city employees. Time off in lieu of
holidays for alarm operators shall be earned for the
month in which the holiday occurred and the time shall
be credited to each employee's earned leave account.
C. All time off in lieu of holidays must be requested
in advance and approved by the fire chief or his desig-
nate.
D. Time off in lieu of holidays must be taken at such
time as the employee can be spared but an employee will
be allowed such time off when he desires if it is possible
to schedule it at that time.
E. The use of accumulated earned leave time attribut-
able to time off in lieu of holidays shall be allowed from
the date of employment, provided, the employee must
have a minimum time of one full shift accrued. (Ord.
1922 §2 (part), 1976).
96
Sections:
2.24.010
2.24.015
2.24.020
2.24.010
Chapter 2.24
LONGEVITY PLAN
Longevity plan—Eligibility—
Restrictions.
Longevity plan—Service
recognition award.
Leave of absence for service in
Armed Forces.
Longevity plan—Eligibility—
Restrictions.
A. Effective January 1, 1979, those employees of the
city of Yakima who are within the bargaining unit of the
American Federation of State, County and Municipal
Employees who are regularly and continuously employed
full-time, and permanent seasonal employees, who have
completed periods of service as hereinafter set forth, shall
receive compensation, called longevity pay, in addition to
their regular salary, according to the following schedule to
be paid on the first applicable day following the thirty-first
day of December and the thirtieth day of June of each
year; provided, that seasonal employees shall be paid any
longevity pay to which they may be entitled upon the.ter-
mination of any season worked.
Years Service
At least 60 months and less than
120 months
At least 120 months and less than
180 months
At least 180 months and less than
240 months
240 months or more
Longevity
Compensation
$20.00 per month
30.00 per month
40.00 per month
50.00 per month
B. Effective January 1, 2002, all management
employees as defined in YMC 2.20.115* shall receive
compensation, called longevity pay, in addition to their
regular salary, according to the following schedule, to be
paid on the first applicable day following the thirty-first
* "Management employees" defined in YMC 2.20.115 means all non -
temporary employees listed in the "executive series" (YMC
2.20.100(B)), "management series" (YMC 2.20.100(B)), "executive
support series" (YMC 2.20.100(B)), "public safety management
series" (YMC 2.20.100(E)), and "union exempt civil service
classes" (YMC 2.20.100(D)).
97
2.24.010
day of December and .the .thirtieth. day ,of June .of each
year,
Years of:Service . Percent of Base Pay
5 2:0 •
1'5
20.
24
5.0
6:5-
9.0
,Effective ,January, 11, 2003, all such -management
employees,shall receiyerlongevity pay, in addition to their.
regular salary, according to the following schedule, to .be
paid on the first; applicable day following the.' thirty-first
day, of Decembe. and, the thirtieth ,day of,June, of>each
year. 5Effecttve.JJanuary- 1, _2006, municipal ..judges shall.
not receive,longevitypay .
Years. of.Service
5
10
15
20
24
Percent of .Base Pay
2.5
4:.0
55
7.0
Effective December . , 2012 (or as individually negoti-
ated between the city and prospective employees prior to
the effective date of this amendment), newly hired.
employees of the management group shall not receive lon-
gevity pay.
C. Upon termination of employment of anyone enti-
tled to longevity pay, except upon the seasonal termina-
tion of seasonal employees, such person shall receive a
longevity payment, according to the above schedule, for
the number of months of eligibility served by such
employee from the date on which the immediately previ-
ous longevity payment was made, Such payment shall not
be made for fractions of a month, and if termination of
employment occurs on or before the fifteenth day of any
month, that month shall not be counted as one for which
longevity pay is to be made, and if termination of employ-
ment occurs after the fifteenth day of any month, that
month shall be counted as one full month for which lon-
gevity pay is to be made.
D. No longevity pay shall be paid to any employee
who is discharged from employment for disciplinary rea-
sons, or who terminates his employment without giving at
least two weeks' notice in writing of such termination.
E. Employees covered by the Washington State Law
Enforcement Officers' and Firefighters' Retirement Sys-
tem who terminate their employment after disability leave
(Yakima 12-12)
2.24.015
and are placed on disability retirement shall receive lon-
gevity pay for the period of disability leave as provided in
Chapter 41.26 of the Revised Code of Washington. (Ord.
2012-41 § 1, 2012: Ord. 2005-85 § 2, 2005; Ord. 2001-63
§ 1, 2001; Ord. 95-16 § 1, 1995; Ord. 94-83 § 5, 1994:
Ord. 3403 § 5, 1991; Ord. 2384 § 1, 1980; Ord. 2275 § 2,
1979; Ord. 2265 § 3, 1979; Ord. 2153 § 4, 1978: Ord. 2051
§ 2, 1977: Ord, 1910 § 1, 1976: Ord. 1474 § 2, 1972: Ord.
748, 1965: Ord. 583 § 2, 1964: Ord. 85 § 1, 1960).
2.24.015 Longevity plan—Service recognition
award.
As each employee becomes entitled to the longevity
pay provided by YMC 2.24.010, that employee shall
receive longevity compensation, in addition to the regular
salary and such longevity pay, to consist of a five-year
incremental service recognition award in the form of a pin,
pendant or similar item of jewelry as determined from
time to time by the city manager; and one such recognition
award shall be further made to each such employee for
each five years of service as a city employee in excess of
twenty years. (Ord, 2101 § 1, 1977).
2.24.020 Leave of absence for service in Armed
Forces.
Leave of absence for service in the Aimed Forces of the
United States shall be regarded as continuous employment
in determining eligibility for such compensation, but shall
not entitle such person to receive said compensation for
the leave period. (Ord. 85 § 2, 1960).
(Yakima 12-12)
98
-chapter 2.36
RETIREMENT PLAN PARTICIPATION • .
2.36.010 PUbliCIEIPP12Yee;:ROirelilent •
Systein adopted--7Mellil?erSfr4.,
k k•
236.010, :P,u piclee ;Retirement System
-.1 • adeptelVIeiiiberShip'‘'.."
Th&ciy. of. Yakirria, WaShingtonjias..amhelects to
par-
ticipate mthe Public Employees 1.efiremcni,,,SYStemas
provided for bylChapiet :44:40..:ofjhe;13.evisedyCode,‘pt,;1;;,
Washington: A11 employees and offieers of the city of
YalcimaShall be;inClUdedirisaid:SYsteni,f,eXCept,the'r.merp7i..
bars of the fire department and of the*Olice-lkepartinent
whe-;atemeinbers-of the police and .1fire,penSien:.system;
proVided,IthafritoelpetiVeofficial7shallibejtidlUdedamless
such official so eleds, and.: fileva :written i.notiee ,of,suCh
electionvithYtheboard,,ofitrustee&ufthe.pensiOn,Jsystem
and thecity clerk.. (Ord., 93,60 L§ .5;11.9931 Ord. 322:.1,..;
1962; Ord. B-858 § 1, 1948).
99
2.36.010
• ; -
•/1'
,, • -
(Yakima 1-14)
2.40.010
Sections:
2.40.010
2.40.020
2.40.030
2.40.035
2.40.040
2.40.050
2.40.060
2.40.070
2.40.080
2.40.090
2.40.100
2.40.110
2.40.120
Chapter 2.40
LEAVES OF ABSENCE
Eligible employees.
Vacation leave.
Sick leave.
Bereavement leave.
Civil leave.
Military leave.
Leave without pay.
Unauthorized absences.
Holidays with pay.
Workweek.
Overtime pay.
Sick leave transfer (SLT).
Vacation buy-back program.
2.40.010 Eligible employees.
Commencing March 1, 1977, all employees of the city
of Yakima shall be eligible for vacation pay, sick leave,
civil leave, military leave and holiday pay as provided in
this chapter, except as follows:
1. Temporary or emergency employees shall not be
eligible for any leave or holiday privileges. Employees in
permanent seasonal positions shall be eligible for all leave
privileges except vacation leave.
2. Leave and holiday privileges for fire department
personnel shall be governed by Chapter 2.22 of this code.
3. Police department employees and fire department
employees eligible for benefits provided by the Law
Enforcement Officers' and Firefighters' Retirement Sys-
tem, RCW Chapter 41.26, shall not be entitled to sick
leave benefits conferred by this chapter; provided, such
employees shall be accorded leaves of absence as pro-
vided by YMC 2.40.030(B)(4) and (B)(5). (Ord. 2051 § 3,
1977: Ord. 1938 § 1, 1976: Ord. 1468 § 1, 1972: Ord. 1451
§ 1, 1972: Ord. 447 § 1, 1963: Ord. 69 § 1, 1960).
2.40.020 Vacation leave.
A. Rate of Accrual of Vacation Leave.
(1) Effective January 1, 1979, each eligible employee
within the bargaining unit of the American Federation of
State, County and Municipal Employees shall earn vaca-
tion leave at the following rates:
a. Employees with one full year of service shall earn
ten working days, five of which may be taken after six
months of service;
b. Employees with two full years of service shall
earn twelve working days;
c. Employees with five full years of service shall
earn fifteen working days;
d. Employees with ten full years of service shall
earn nineteen working days;
(Yakima 1-14)
100
e. Employees with more than fifteen full years of
service shall earn twenty-two days.
(2) Effective October 24, 1991, all management
employees as defined in YMC 2.04.030(B), the chief of
the fire department and the chief, captains and lieutenants
of the police department shall be entitled to vacation leave
at the following rates:
a. Employees with less than two years of service
shall earn eight hours per full month of service (twelve
days per year);
b. Employees with two years or more but less than
six years of service shall earn nine and one-third hours per
full month of service (fourteen days per year);
c. Employees with six years or more but less than
ten years of service shall earn twelve hours per full month
of service (eighteen days per year);
d. Employees with ten years or more but Less than
fifteen years of service shall earn fourteen hours per
month of service (twenty-one days per year);
e. Employees with fifteen or more years of service
shall earn sixteen hours per full month of service (twenty-
four days per year).
(3) Effective January 1, 1979, police patrolmen and
sergeants shall earn vacation leave at the following hourly
rates for each full calendar month of service:
a. Employees with Less than three years of service
shall earn six and sixty -seven -hundredths hours;
b. Employees with three years or more but less than
six years of service shall earn eight hours;
c. Employees with six or more but less than ten
years of service shall earn nine and thirty -three -hun-
dredths hours;
d. Employees with ten or more but less than fifteen
years of service shall earn twelve hours;
e. Employees with more than fifteen years of service
shall earn fourteen hours.
B. Accumulation of Vacation.
(1) An employee within the bargaining unit of the
American Federation of State, County and Municipal
Employees may accumulate vacation leave time in an
amount equal to the vacation time the employee earns
during two years of service, according to the accrual rate
specified in subsection (A)(1) of this section.
(2) Subject to subsection (B)(3) of this section, an
employee in the exempt classification, as specified in
YMC 2.20.100, the chief and deputy chief of the fire
department and the chief, captains and lieutenants of the
police department may accumulate vacation leave time in
an amount equal to the vacation time the employee earns
during two years of service, according to the accrual rate
specified in subsection (A)(2) of this section.
(3) Effective January 1, 1998, for the chief and dep-
uty chief of the fire department, and the chief, captains,
and lieutenants of the police department, at the end of each
year any vacation leave accumulated in excess of the lim-
its specified in subsection (B)(2) of this section shall,be
paid tothe;respective employee at the'rate of one hundred '''
percent of _the ,employee's base ::wage in .effect as of
December 31st -of -that year; provided; however, that Ahe
employee. must use; at least seventy-five percent of his/her
vacation 1eave,accrued during that. yearin order to qualify, ,
for the :payment:unless some or all of the employee's,;
scheduled vacation leave use•for..thatyear is;cancelled and
cannot be rescheduled that year, and such' :prevents, the.'
employee :from,complying with the seventy-five,percent,
vacation leave use requirement, Atthe end of each; year all
vacation leaveaccrued in.excess ofthe limits spec fied•in,;;.,,
subsection -(B)(2) ,of this •section, but ;for which the,
employee .does not: qualify: forpayment, ;shall betrans- ..
ferredto the, management: extendedsicklleave pool.'estab .
lished under;YMC 2:40 11,0 �.' :.
(4) All other , employees covered byti this 'chapter
except those: affected' by. subsections.(B)(1) and (B)(2) of"'``
this +section may accumulate vacation leave time not .to
exceed,two,hundred forty hours
G City.;Manager Discretion ,
(1) The city manager shall ,have the, discretion to
adjust vacation accruals for ail management employees as
defined in,YMC 2.04.030(B).,
D; Pentossible 1*: of Uacatp1124p ruals ith:;pay.
(1), ,,Vacation„leave;. accumulated at the end of six
months of service may be taken in the seventh month and
each -month thereafter as accumulated
(2) .Vacation leave must be taken at such time, as,the
employee_ can be: spared,,.but,an employee willbe, allowed
to take.his leave ,when he<desires, if it is.possible, to sched-
ule it'at that: time
(3).. All: vacation: leave must be requested ,in advance
and approved°by: the• employee's ,department head.
E. Terminal Leave.
(1) A permanent employee, when leaving theservice
of the`city^in' good, standing and who •has given at:least two
weeks' notices of his intentionto leave, ,shall. be -compen-
sated •
e:compen-sated• for vacation leave eamed and. accumulated to the
date of separation.
(2). No compensation for vacation leave,shallbe pay-
able to
ay-ableto any'employee who terminates his. -,employmentor
is terminated before lie has' completed six months. of ser-.
vice;„ .,
(3) Any eligible employee who is .discharged or
resigns as a result of disciplinary.actionshall be entitled to
be compensated ,for onlythat vacation leave :which was
earned in preceding calendar years and not used attime of
separation. This provision also: shall apply to employees
who quit without givingthe, notice specified:in subsection
(E)(1) of this section.
(4) Terminal leave shall be computed by multiplying
the hourly rate in effect at the time of termination by the
number of hours accumulated.
101
2.40.030
F. Reporting. Vacation leave with pay shall be
reported to the personnel department on forms and accord
ing to procedures as specifiedby the director of personnel
(Ord. 2013-036 §--1,:20.13: Ord, .98-34 '§1,19,98; Ord.: '=
3403 '§ 6,1991; Ord. 2363 §'§'1, 2, 1980; Ord. 2265 § 4;'
1979; Ord. 2153 §5,`1978;`Ord. 1901'§'1 '1976;.Ord; 1900
§ 1, 1976; Ord. 174'5.§ 6,1975: Ord. 1614'§-6; 1974; Ord
1474 § 3,1972; Ord: '1408 § 1, :1972; Ord. 1402; §4,:1972;
Ord. 1317 § ,1, 1971; Ord. 447 § 2, 1963; Ord. 69
(part), 1960)
2.4003p Sick leave.
A Accrual.
(1) Effective;: October 2'4;'1991, all employees except
management employees as defined in subsection 'D ofths'
section and except employees covered bythe.Washington
State Law Enforcement.Officers'`and Firefighters' Retire=
inent'System shall accrue sick :leave at the rate of one
working day of leave for:each full calendar month of the
employee's service with the city:'Unused sick leave may
be accumulated:fo r an unlimited. maximum period `
(2) Upon initial employment, management employ,
ees as defined in'subsection D of this section shall accrue
sick leave at the rate of two working days of leave.for each'
of the first six full calendar months of they employee's ser-
vice with the city, 'and 110,,SiCk leave shall accrue for any
such employee for the seventh through the twelfth full cal=` '`
endarmonths ofserviee Thereafter, comrnencingwiththe
thirteenth `full "calendar month of,service,' each employee
shall accrue sick.:leave at the rate; of one 'working day ,of'.'
leave for each full, calendar month,of service Unused sick.
leave may be accumulated for' an unluriited `maximum
period
B Permissible Use _of Sick'Leave An employee eli-
gible for sick leave with pay shall be granted such leave
for the following reasons:
1 Personal, illness or physical incapacity resulting;
from causes beyond control,
2 Quarantine of employee due to exposure to a con-
tagious disease,
3. On -the job injuries, any employee receiving sick'
leave, with. pay, who. is, eligible .for time=loss payments
under: workman's compensation law, shall;; for the
duration of such payment,, receive, only that portion of the
employee's regular salary which, together with said pay-
ments, will, equal, the employee'. s regularsalary : Tn order
not to work an undue hardship on the employee. caused,by
the time lag involved in.time,-loss,payments, the employee
shall be paid full salary and on receipt of time -loss pay-
ments shall endorse : such ,payments to, the city. Said
employee .shall, be charged with sick leave only'for,that
portion of the employee's regularsalary forwhich the city
is not reimbursed by the workman's compensation pay-
ments endorsed to the city;
(Yakima 1-14)
2.40.030
4. Subject to and in accordance with YMC 2.40.035,
the death of a member of the immediate family of an
employee or employee's spouse;
5. Illness and disability caused or contributed to by
pregnancy, miscarriage, abortion, or childbirth;
6. Sick leave shall not be allowed for any period of
time that the employee is gainfully employed by another
employer;
7. Leave taken pursuant to and in accordance with
the Family and Medical Leave Act of 1993 and the FMLA
policy of the city of Yakima;
8. To care for a child of the employee with a health
condition that requires treatment or supervision; "child"
as used herein means a biological, adopted, or foster child,
a stepchild, a legal ward, or a child of a person standing in
loco parentis who is (a) under eighteen years of age or (b)
eighteen years of age or older and incapable of self-care
because of a mental or physical disability;
9. To care for a spouse, parent, parent -in-law, or
grandparent of an employee who has a serious health con-
dition or an emergency condition; "parent" as used herein
includes an individual who stood in loco parentis to an
employee when the employee was a child.
C. Requirements for All Paid Sick Leave.
(1) Every employee must report to the representative
designated by his department head the reason for the
absence as far in advance of the starting of his scheduled
work day as possible, but in no event shall this report be
made later than the first day of absence.
(2) An employee must keep his department head
informed of his condition if absence i& of more than three
working days in duration.
(3) For each absence an employee must submit upon
the approved form an explanation of the reason for such
absence. A statement by the attending physician may be
required if an absence caused by illness or injury extends
beyond three working days, or for each absence, if
requested by the department head.
(4) Employees must permit home visits or medical
examinations at the expense and convenience of the city.
D. Enforcement of Sick Leave Provisions.
(1) Any failure to comply with the provisions of sub-
section C of this section shall be grounds for denial of sick
leave with pay for the period of absence.
(2) Misrepresentation of any material facts in con-
nection with paid sick leave by any employee shall consti-
tute grounds for suspension or discharge.
(3) It shall be the responsibility of the department
head or his designated representative to:
a. Review all applications for sick leave and
approve those which are bona fide and comply with the
provisions of this section and forward same to the person-
nel department. The director of personnel shall not certify
the payment of sick leave until the approved applications
have been received, except that employees still absent at
(Yakima 1-14)
102
the end of a pay period may be certified for payment of
sick leave by the director of personnel upon recommenda-
tion of the department head as indicated by his signing the
time sheet and subject to the receipt of an approved appli-
cation for sick leave pay immediately upon the
employee's return to work;
b. Investigate any suspected abuse of sick leave;
c. Withhold approval of sick leave pay in the event
of unauthorized use;
d. Initiate disciplinary action if, as a result of inves-
tigation, it is determined that an employee has been guilty
of wilful misrepresentation in a request for sick leave pay.
E. Sick Leave Exchange. All management employ-
ees as defined by YMC 2.20.115 may exchange accrued
sick leave for pay or for additional leave time as appropri-
ate, in accordance with the options provided the
employee, subject to the following provisions:
1. Except as otherwise provided in subsection (E)(3)
of this section, exchange of accrued sick leave for cash
will be granted for those employees with less than ninety
days (seven hundred twenty hours) of accrued sick leave
in accordance with the following:
a. Effective January 1, 2002, upon retirement the
employee's accrued sick leave will be exchanged for pay
at the rate of fifty percent of the employee's current base
pay to a maximum of eighteen thousand seven hundred
and fifty dollars.
b. Effective January 1, 2002, upon termination
under honorable conditions, as distinct from retirement,
the employee's accrued sick leave will be exchanged for
pay at the rate of twenty-five percent of the employee's
current base pay to a maximum of eighteen thousand
seven hundred and fifty dollars. Honorable termination
includes layoff for budget reasons, resignation with proper
notice, and position abolition.
2. Except as otherwise provided in subsection (E)(3)
of this section, exchange of accrued sick leave for addi-
tional leave days or for cash will be granted to employees
who have accrued ninety days (seven hundred twenty
hours) or more days subject to the following provisions:
a. Effective January 1, 2002, upon retirement, the
employee's accrued sick leave up through a maximum of
one hundred twenty-five days (one thousand. hours) will
be exchanged for pay at the rate of one hundred percent of
the employee's current base pay to a maximum of thirty-
seven thousand five hundred dollars.
b. Effective January 1, 2002, upon termination
under honorable conditions, as defined in subsection
(E)(1)(b) of this section, as distinct from retirement, the
employee's accrued sick leave up to a maximum of one
hundred twenty-five days (one thousand hours) will be
exchanged for pay at the rate of fifty percent of the
employee's current base pay to a maximum of eighteen
thousand seven,hundredand fifty dollars.
,Employees who have accrued more than ninety
days (seven hundred, twenty hours) of sick leave may
exchange such sick leave for bonus(additional) leave days
at the rate of four days of sick leave for each additional
leave day, not to exceed a total of five added leave days
annually, utilization , of which would be , subject to the
scheduling, and approval by, the department head.
3.': .Effective :January 1, 2002, upon death .of an
employee, the employee's accrued sick leave`up through a
maximum'of one hundred twenty-five days (one thousand ,
hours) will be exchanged for pay at the rate of one hundred
percent of the employee's current base pay to a maximum
of thirty-seven thousand five hundred dollars
In December; of each year, any accruals beyond
the one -hundred -twenty -day limitation .applicable to fire
department employees not covered by the Washington
State Law Enforcement Officer's and Firefighter; s Retire-
ment System will be automatically exchanged based upon
the formula of eight hours' pay for each thirty-two hours
accrued or a percentage thereof for smaller accruals_ . Such
pay will., appear on the employee's final paycheck for the
year.
5. Sick Leave Exchange Procedure. Any manage-
ment employee may exchange accrued sick leave as pro-
vided in subsection (E)(1), (E)(2) or (E)(3) of this section
at the option of the employee, subject to the following
conditions and provisions:
a. A request for such an exchange shall be made to
the director of finance and budget. All requests shall be in
writing and shall be signed by the employee making the
request, or the legal representative of the estate of the
employee in the event of the death of the employee.
b. Requests will be accepted only during the first
five working days of each month with exchanged leave to
be available within fifteen calendar days of the date the
request is received by the office of the director of finance
and budget. Exceptions to the above will be made for
death, termination, layoff or disability retirement.
c. No request will be granted for less than eight
hours' pay or a minimum of three days' leave.
d. No exchange will be granted to an employee who
has been terminated for cause, as defined by civil service.
(Ord. 2005-30 § 1, 2005; Ord. 2003-78 § 1, 2003: Ord.
2001-64 § 1, 2001; Ord. 2000-29 § 1, 2000; Ord. 3403 §
7, 1991; Ord. 3077 § 1, 1988; Ord. 2153 §§ 6, 7, 1978;
Ord. 1828 § 1, 1975; Ord. 1614 § 7, 1974: Ord. 1381 § 1,
1972; Ord. 854 § 4, 1966: Ord. 447 § 3, 1963: Ord. 69 § 1
(part), 1960).
2.40.035 Bereavement leave.
In the event of the death of a member of the immediate
family of a management employee or his/her spouse, the
employee shall be granted up to three days of bereavement
103
2:40.035
leave without,loss of pay per calendar year..For,purposes
of this section,`.`. immediate family" meanshusband, wife,
parent grandparent,: child, grandchild, brother, or sister of
the employee or his`/her,spouse No:leave of absence in
excess of three days, for, a family death shall„be taken by an
employee unless -additional'leave is recommended by the
employee's department,.. head and approved_ by the
appointing authority: Approved leave in excess of three
days, for the deathof a family .member shall be debited
against the: employee' s. accrued sick leave, annual leave,
compensatory time and/or other accrued leave. (Ord.
200,1-64§' 2, 2001).
/40.040 Civil`leave
(a) Any necessary leave shall be allowed by the head
of the department to; permit any employee to serve as a
member of a, jury, or to exercise his other civil duties. Each
employee who is granted such leave, and who, for.the per-
formance of the, civil duties involved, received; only com-
pensation, shall be paid by the city for the time he is absent
only in the amount of excess; of his regular salary over the
compensation so received'
,(b), Payment for civil leave shall be in accordance
with the procedure set 'out 'in” subsection (B)(3) of YMC
2:40.030. (Ord. 619.§ 1, 1965; Ord. 447`§ 4; 1963: Ord. 69
§ 1; (Part); ?-96Q).
2.40.050 Military leave,
Leave not to exceed fifteen days during each calendar
year, over and above annual vacation.' or sick leave, may be
allowed any employee who` is a member of the National
Guard or of any organized reserve or Armed Forces of the
United.States ,The employee will be paid his normal pay
during such nulitaryleave ,period when taking part in-
active training duty. The term "days" as used in this sec-
tion means calendar days. No calendar days shall be
charged against the fifteen day military leave period for
nonwork days before the beginning or after the end of any
active military leave period. (Ord. 1911 §1, 1976: Ord. 69
§ 1. (part),,1960)..
2:40.060 Leave without pay.
A. ;, All leave without pay must be requested and
approved by'the department head prior to the beginning
date ofsuch'leave.
B Leave' without pay for more than fifteen working
days must be. approved in advance by the appointing
authority.
C. Leave without pay may be granted to an
employee who has accrued vacation recorded: This sec-
tion shall not be construed as forbidding the use of leave
without pay as a disciplinary measure. (Ord. 182 § 2,
1975: Ord. 1745 § 7, 1975: Ord. 1614 § 8, .1974: Ord. 447
§ 5, 1963: Ord. 69 § 1 (part), 1960).
(Yakima 1-07)
2.40.070
2.40.070 Unauthorized absences.
Unauthorized absences from duty for three consecutive
days shall constitute grounds for discharge at the discre-
tion of the city manager subject to civil service rules and
regulations. (Ord. 447 § 6, 1963: Ord. 69 § 1 (part), 1960).
2.40.080 Holidays with pay.
A. The following days are established as holidays
with pay for all eligible employees of the city of Yakima:
the first day of January (New Year's Day), the third Mon-
day of January (Martin Luther King, Jr. Day), third Mon-
day of February (President's Day), the Last Monday of
May (Memorial Day), fourth day of July (Independence
Day), first Monday of September (Labor Day), eleventh
day of November (Veterans' Day), fourth Thursday of
November (Thanksgiving Day), the day immediately fol-
lowing Thanksgiving Day, and the twenty-fifth day of
December (Christmas).
B. In addition to the days specified in subsection A
of this section, all eligible employees shall be entitled to
one paid personal holiday to be selected by the employee
subject to the following conditions:
1. The employee has been or is scheduled to be con-
tinuously employed for the city for more than six months;
2. The employee has given not less than fourteen
calendar days of written notice to the appointing authority;
provided, however, the employee and the appointing
authority may agree on an earlier date;
3. The appointing authority has approved the day;
4. The day selected does not prevent a department
from providing continued public service and does not
interfere with the efficient operation of the department;
5. The personal day must be taken during the calen-
dar year or entitlement to the day will lapse except when
an employee has requested a personal holiday and the
request has been denied; and
6. The personal holiday is not taken off immediately
before or immediately after another holiday unless
approved by the appointing authority.
C. Except as provided by subsections I and J of this
section, whenever any holiday specified in subsection A
of this section falls on a Saturday, the preceding Friday
shall be scheduled as a holiday for part of the employees
of each city department, and the remaining employees of
each department shall be granted another day off within
thirty days after any such holiday, with such day off to be
scheduled for each employee entitled thereto at a time
determined at the discretion of the department manager to
be practical so as not to interfere with service to the public,
but so as to give the employee the choice of the day pre-
ferred if possible.
D. Except as provided by subsections I and J of this
section, whenever any holiday specified in subsection A
of this section falls on a Sunday, the succeeding Monday
shall be scheduled as a holiday; provided that if a service
(Yakima 1-07)
104
must be provided for the convenience or necessity of the
public on that Monday, the department providing such
service may assign an appropriate number of employees to
work and such employees will be granted an equivalent
day off within thirty days of the holiday with such day off
to be scheduled for each employee entitled thereto at a
time determined by the department head but giving the
employee the choice of the day preferred if possible.
E. Employees shall receive one day's holiday pay at
the straight time rate for each holiday specified in subsec-
tion A of this section on which those employees perform
no work; if the employee performs work on a holiday, that
employee shall receive holiday pay plus overtime pay for
all hours worked, except for employees covered by sub-
sections I and J of this section. The holiday shall be
included as "time worked" at straight time for the purpose
of determining whether an employee has worked forty
hours in a week.
F. When employees below the level of division head
other than those working on jobs where employees are
scheduled to work in shifts in a service that is rendered
seven days per week and twenty-four hours per day are
required to work on a holiday, they shall be paid for such
work at the rate of, time and one-half.in addition to their
regular pay..,
in the event that a holidaY occurs during .a,period.
annual leave of an emproyee, sueli holiday shall notbe
charged as a day of leave,
FI,, o ,ernployee shall be paid for a hOliday unless
such employee.is, Ina pay status both the WOrkday,,befdre,.
and,thewOrkdayafter suchboliday except,for employees,.,
working special.schedules wherein holidays are worked as,
a'partofthat,sChedule.
In the fire department holidaYleave shall be gov'-`
erred by YMC 2,22.080., „
J. In the police .department, ';an,einploYee :Shall be
granted time off in.lieu of:holidays in an amount equal to
the actual number of holidays enjoyed by other Prnploy,ees
during,the calendaryear. The amount,o,fAime,off Iteu.6f
holidvsto,be granted:44ring each year shall..be; computed
each Janualy,, and Sclieduledtorbe talcen,:during,thecaleh-,.
dar year, The am ount,of time.off in, licu-ofkolidayi .to e
granted an pmployee.who,4,s,ernployed.for.apartial,ealen7,
dar year shallbe,prorated, for the period ofthe Calendar,
year during which that individual, is, employedand. a
deduction shall be taken fropthe salary of any employee
who ceases employment and who has taken,tirti.e off, in
lieu of holidays in excess of the pro rata amount to be
granted the employee by the provisions of this /section,
Any tin-ie„off, in lieu of holidays not taken by;Decernber,
31st of each year, shall be forfeited unless the citYtnanager
extends the .time within which such time off may betaken
because of an emergency or other unusual ‚circumstances.
K. In the event that a holiday falls onan entployee's
regular day, off,the, employee shall have,equal time off to
be.seheduled within ninety.days.-(Ord. 2002-23 § 1, 200,2:
Ord. 2178 § 1, 1978; Ord. 2062 §§ 1,2, 1977; Ord. 2041
§ 1,1977,: Ord, 1967 § 1, 1976: Ord. 1848 §§ 1, 2, 1975;
Ord. 12Q3 §§, 1970: Ord. 1081, 1968; Ord. 447 § 7,
1963: Ord. 69 § 1, 1960).
2.40.090 Workweek.
A. Workweek Provisions. With the exception of the
fire and.police departments, and transit division and other
jobs which, require special consideration by mutual agree,
merit between the employees and the appointing authority,
the following provisions shall govern the workweek, and
workday and work shifts of employees within the bargain-
ing unit of the American Federation of State, County and
Municipal Employees:
1. Workweek, The workweek shall consist of five
consecutive eight-hour days with two consecutive days
off, or four consecutive ten-hour days with three consecu-
tive days off
2. Workday, Eight or ten consecutive hours ofwork
within a twenty -four-hour period shall constitute a work-
day, and the regular hours of work each day shall be con -
105
2,40.090
secutive. except that they may be interrupted , by a lunch,
period which shall not be less than thirty minutes,:
3. Work Shift, Eight ,or tpn2:bonseputive, hours .of
Work shall constitute a work .shift;,All emPloyeeS shall be
scheduled to work Ona :regular Work, shift, and each Work
shift shall haye,a regular starting, and quitting time.
B Workweek--.-TranSit Operators ThWorkWeek,
for transit Operaters,shall consist offorty hOurs,per caleri-
darvveek.A,workday may be either consecutive'hours or
r .
a split
assignment to :Shifts .and routes to be
,
made on the basis of:requests by transit ditvprs according
to their seniority
C Commencing-jiily1,;1971,. the basic workweek
for emp!oyees of, the police .deParttnent,,Shall,,be fqrtY,,
hours the Standard Workday Shall' be eight:hOtirS;
pro-
vided, the chief,of the,policedepartment may,,a(any time
anoat his discretion, ;With the approval of city ,man: -,i
ager,schedule duty:,:shifts-* workdays,,SO:that certain
employees designated by the, chief will work ten hours a
day, four days a week, (Ord, ,2265 ,§§,5,,6,„197,.9;.Ord4317
§§ 2, 3, 1971; Ord, -4;:19,70;;Ord:.9$0
Ord, 854 § 5, 1966: Ord: 0.0 ,§ 196,Ord47
1963: Ord. 69 § 1 (part), 1960). •.
2.410Q Overtime pay. „ '
A. Overtime payment will lie, alloWpcf for. 'an
employee below the rank of division headandPolice cap-
tain when ordered to .work t.therateoftmeandjone-balf
except as follows;
1. .,.'Commencing & January 1, 1980,, When police offi-
cers or sergeants are required -to appear incptirt during
their off duty hours, they.,shall,hp,paid straight.,tirtle
rate..for, such time,, A rnipimurp:of.. thrpc..9.1,p, per day for
court appearance shall be allowed,. 'irsitcli court appear-
ance occurs on a day which the. officer is scheduled to
work,but occurs outside of his regularlY7schedtiled work-.
ing,.hOurs, A Minimum of fditr:. hours per day for court
appearance shall be allowed if such court appearance
occurs on a day on whiek the officer is not schedUlecl to
work. The .officers shall have the option to take time,off,
at asstraight time:rate, in lieu, of.payment,,and„to accunu-
late such time off to a maximum:of twenty-four hours for
any one officer.
2. Overtime payment may be allowed for division
heads and police captains, at,thp rate. of timeand one-half
when required to work hcause of an emergency or
unusual Circumstances lf approved by the city manager.
3. Department directors, when reqUired to work
overtime in a non-sup.ervisdry capacity because' of of an
emergency determined by the city managpi, may be paid
overtime at.a .straight time rate; :provided, commencing
May 18, 1980; department directors, when required to
work in excess of forty hours during any work week in a
supervisory capacity because ofan emergency or unusual
(Yakima 12-12)
2.40.110
circumstance approved by the city manager, shall be paid
at the rate of time and one-half for such overtime work.
4. Compensating time off in lieu of overtimepay, as
based on the rates provided by this subsection, may be
taken at a time agreed upon by the department head and
the employee, but may not be imposed by the department
head in lieu of overtime pay upon any employee who has
not so requested such compensating time off. Compensa-
tory time off may be accumulated to a maximum of five
working days unless the city manager approves additional
accrual because of an emergency or other unusual circum-
stance; provided, however, an employee, who as of Febru-
ary 8, 1979, has accumulated compensatory time in excess
of five days, may retain and use that accumulated compen-
satory time.
B. Overtime pay for employees, other than fire
department personnel, who are paid at a monthly rate shall
be computed by dividing the basic monthly salary by one
hundred seventy-three and thirty-three one -hundredths
and multiplying by a factor of 1.5.
C. Fractions of an hour served on overtime duty shall
be rounded to the next full hour for the purpose of comput-
ing the amount of overtime.
D. Time spent by an employee beyond the normal
working day for training classes or travel shall not be con-
sidered overtime work.
E. A minimum of two hours pay at the time and one-
half rate will be paid to an employee who is called to
return to work after leaving the worksite at the completion
of the shift, or called to work on a day off. Such call -out
time shall be counted from the time the employee leaves
home and until the employee returns home.
F. Vacation leave, sick leave and compensatory time
used (and holidays as provided in YMC 2,40.080(E)) shall
be included as "time worked" at straight time for the pur-
pose of determining whether an employee has worked
forty hours in a week. Civil leave, military leave and leave
without pay shall not be included as "time worked." (Ord.
2709 § 1, 1983: Ord. 2421 § 1, 1980; Ord. 2400 § 1, 1980;
Ord. 2265 § 7, 1979: Ord. 2014 § 2, 1976: Ord. 1923 § 1,
1976: Ord. 1614 § 9, 1974: Ord. 1203 § 5, 1970: Ord. 1129
§ 1, 1969: Ord. 854 § 6, 1966: Ord. 613 § 2, 1965: Ord.
44.7 § 9, 1963: Ord. 69 § 1 (part), 1960).
2.40.110 Sick leave transfer (SLT).
A. The city of Yakima allows eligible management,
AFSCME and unrepresented employees to transfer paid
sick leave to other eligible employees who have exhausted
all other accrued paid leave and stand to lose compensa-
tion because either they, or their immediate family mem-
ber(s), have suffered a catastrophic illness or injury.
B. This chapter applies to city of Yakima donor
employees in full-time status, who have worked at least
one year, in good standing with no pending disciplinary
actions or history of chronic . absenteeism. Recipient
(Yakima 12-12)
106
employees shall qualify for leave up to twelve weeks if
they, or a qualifying household or family member, suffer
from a catastrophic illness or injury and all of the recipi-
ent's accrued leave is exhausted.
C. Definitions.
1. "Immediate family member" is defined as those
individuals who live in the same household as the
employee and are related by kinship, adoption, domestic
partnership or marriage; or are foster children certified by
the state of Washington. If not in the same household, an
immediate family member is strictly limited to the
employee's spouse, child or parent.
2. "Licensed practitioner" includes a licensed physi-
cian, nurse practitioner, or other licensed health care pro-
fessional.
3. A catastrophic illness or injury is a severe condi-
tion or combination of conditions affecting the mental or
physical health of the employee or member of the
employee's immediate family that requires treatment by a
licensed practitioner for a prolonged period and that forces
the employee to exhaust all leave time earned and there-
fore results in loss of compensation.
4. A severe condition or combination of conditions
is one that will result in death if not treated promptly;
requires hospitalization for more than seventy-two con-
secutive hours; or causes a person to be legally declared a
danger to him or herself or others. For purposes of this
chapter, pregnancy and elective surgery are not consid-
ered severe conditions, except when life-threatening com-
plications arise from them.
D. Process for Requesting Leave Transfer.
1. An employee is eligible to request use of SLT
hours for their documented personal serious medical con-
dition.
2. SLT hours shall not be used until all personal
sick, annual, compensatory and in -lieu time has been
exhausted.
3. A request to use SLT hours requires submission
to the human resources manager, with accompanying
medical documentation, by the fifteenth of the month. It
will be forwarded to the city manager for final approval.
The medical documentation must include an estimate of
the amount of time needed and expected date of return
from the accident, illness or injury for which the sick leave
is being requested. If the medical documentation does not
provide a specific date of return to work, follow-up docu-
mentation must be furnished every thirty days.
4. SLT may be requested and granted in increments
of no more than ninety calendar days per request, up to the
maximum allowed. If the duration of the event exceeds
ninety calendar days, the employee will be required to
submit another request for SLT,
5. If the request is approved, the human resources
office will immediately route a copy to the payroll office
for processing and notification to the employee and super-
visor that the request has been approved.
6. The human resources manager will coordinate
distribution of an email communication soliciting volun-
tary leave hour donations on behalf of the employee.
7. Requests cannot be retroactively used unless doc-
umentation is provided regarding conditions warranting
delay in receipt of their request.
E. Conditions for Donating Leave.
1 Employeeswho wish.. to donate leave to, another,.
employee must have.a minimum balance of eighty hours
of annual leave and/or three'hundred eighty-eight hours of
sick leave remaining following the transfer of leave hours.
The transfer of compensatory time or in -lieu time does not
require a minimum balance remain.
2. The minimum amount for each transfer is eight
hours except an employee may donate all or part of their
personal holiday.
3. A donation form, available in human resources,
must be completed and submitted to the payroll office by
the twenty-fifth of the month. (The funding of the dona-
tion will come from the donor employee's division bud-
get. The division budget of the recipient will receive the
funds.)
4. Once the sick leave transfer has been approved
and processed by finance, it cannot be canceled.
5. The hours transferred to recipient employees by
the employee's spouse, either of their parents, grandpar-
ents, brothers, sisters, children or grandchildren will be
processed prior to those received from other employees.
6. Leave hours may be transferred from an
employee's leave balance to an employee approved to use
donated leave hours at any time prior to the effective date
of retirement or termination from the city. The donation
cannot consist of excess leave that the donor would not be
able to take during the period between the date of the
request and the donor's anniversary date.
F. SLT Usage.
1. SLT hours may be used consecutively or intermit-
tently, up to the total number of hours available in the
month. If hours in excess of the number needed for a full
paycheck are received they will be held and used monthly,
up to ninety days, if needed.
2. Receiving employees must provide notice to their
department head and the human resources manager if
there is any change in the circumstances for which the
leave is being taken or if additional leave is needed
beyond the period covered in the original request.
3. Receiving employees may not use more than
twelve weeks (four hundred eighty hours) of transferred
leave per catastrophic event.
4. A participating employee must not be receiving
state -funded disability benefits intended to replace all or a
portion of the employee's income. This applies to employ -
107
2.40.120
ees on workers' compensation or other city- or state -
funded disability income insurance.
5. An employee or supervisor who attempts to
coerce or pressure another employee to transfer or not
transferleave will be subject to disciplinary action The
selling or purchasing of leave is -also strictly prohibited:
G. Coordination with Other Leave and Benefits.
1. Annual leave and sick leave accruals will not be
earned if fifty percent or more of the hours of the month's
compensation, are fromtransferred leave. , ,.r.._
2. Pursuant to WAC 415-108-468, transferred leave
hours are not eligible for Department of Retirement Sys-
tems (DRS) service credits,
H. When the employee is absent from work because
of a catastrophic illness or injury, the employee's depart-
ment head shall require that, prior to the employee's return
to work, the employee submit a licensed practitioner's
written statement that the employee was required to be
absent from duty because of the condition and the date that
the employee is able to return to work. The statement must
also specify what limitations, if any, exist to the
employee's ability to perform his or her essential job func-
tions. If limitations exist, the supervisor shall contact the
human resources manager.
I. The city manager is the administrator of the SLT
program, but may delegate approval authority as he or she
deems necessary. (Ord. 2012-20 § 2, 2012).
2.40.120 Vacation buy-back program.
A. Purpose. The city of Yakima's annual vacation
buy-back program is provided as an optional benefit for
nonrepresented employees who elect to convert accrued
vacation time into an annualized cash value. The goal of
the program is to improve attendance, increase benefit
flexibility, create uniformity with existing programs of
represented employees, and limit accrued financial liabil-
ities.
B. Applicability. This section is applicable to non -
represented full and part time employees of the city of
Yakima who elect to sell back their accrued vacation
hours to the city.
C. Eligibility Criteria.
(1) Regular full-time and part-time employees may
sell back up to one-third of their annual vacation accrued
leave.
(2) Vacation hours eligible for buy-back are those
hours earned up to the one-third maximum, accrued
within the preceding twelve-month period.
(3) No more than one request may be made per calen-
dar year.
D. Procedure.
(1) Employee Responsibility. The employee shall
request a vacation buy-back form from finance, indicate
their requested hours, and submit the form through their
supervisor back to finance.
(Yakima 1-14)
2.40.120
(2) Finance Department Responsibility. The finance
department will generate a customized leave accrual form,
complete the form, and route back to the employee
through the employee's supervisor. Finance will process
for inclusion in next pay cycle. (Ord. 2013-032 § 1, 2013).
(Yakima 1-14)
108
Chapter 2.44
LOBBYING BY CITY PERSONNEL
Sections:
2.44.010
2.44.020
Declaration of necessity.
Authorizing employment of
representative.
2.44.030 Permitted activities of
representative.
2.44.040 Payment for services of
representative.
2.44.050 Prohibited expenditures.
2.44.060 Ethical practices and conduct.
2.44.010 Declaration of necessity.
It is determined by the city council of the city of
Yakima that the study and collection of information, data
and opinions on the administrative and enforcement effi-
ciency and. costs attendant therewith and the societal
effecctts_af-proposed, pending or enacted legislation is
necessary for legislative planning or revision, and that a
prompt, informative response to inquiries from legislators
and public administrators, and attendance at legislative
committee hearings, relating to the effect of legislation
on municipal finances, services and authority, is neces-
sary and helpful to the legislator in the enlightened per-
formance of the legislative function and serves the best
interests of the citizens and the public, and is declared to
be a municipal purpose. (Ord. 1948 § 1 (part), 1976).
2.44.020 Authorizing employment of
representative.
The city manager of the city of Yakima is authorized
to designate city employees,or representatives to collect,
accumulate and analyze information concerning the effect
of enacted legislation or the anticipated effect of proposed
or pending legislation; to consult with employees or
representatives of other municipalities or counties and
associations thereof; to respond and provide data and
information and give testimony to state legislators, legis-
lative committees, state administrative officers, or other
municipalities investigating the city's experience or antic-
ipated costs, benefits or problems from such enacted or
proposed legislation. (Ord. 1948 § 1 (part), 1976).
2.44.030 Permitted activities of representative.
In all matters in which an official, staff employee or
other representative appears on behalf of the city, such
representative shall observe, carry out or support the
known relevant policies of the city council and shall
consult the city manager or the city council for advice
and guidance when required. All such informational
activity shall be conducted with prudence and good judg-
109
2.44.010
ment and within all legal regulation of such activity. Such
representative shall not have any authority to make any
statements,:; commitments or, promises binding upon the
city, but may speak to 'influence the passage, debt or
amendment of legislation affecting the city in accordance
with the policy or position approved by the city council.
(Ord. 1948 § 1 (part), 1976)
2.44.040 Payment for services of
representative
While. engaged in ,suchinformational, educational and
testimonial activity, a .city, employee ,shall ,continue to
receive his or her,current salaryas; a city employee. No
additional compensation :shall .be,paid-or:'accrue :to an
elected official -during his orher term of. ,office with the
city for such research, informational or lobbying services
to this city. An employee or official shall receive reim-
•
bursement for the reasonable: costs of travel,. lodging, and
personal meals reasonably incurred in the course of such
service, in accordance with the city's regular policies,and
rates as to such reimbursement. (Ord. 1948,. "§ 1 (part),
1976).
2.44.050 Prohibited expenditures. ,
No expenditures from city. funds for the hosting, enter-
tainment;or campaign assistance ofanyvlegislator or state
officer shallbe authorized, expended or reimbursed. ,(Ord.
1948 § 1 (part), 1976).
2.44.060 Ethical practices and conduct.
The city's employee or representative in such informa-
tional or lobbying activities shall comply fully with all
state regulations relating to ethical practices and conduct,
and comply with all regulations relating to the reporting
of expenditures in connection therewith. (Ord. 1948 § 1
(part), 1976).
2.45.010
Chapter 2.45
PERSONNEL EXAMINATION FEE
Sections:
2.45.010
Fee imposed—Collection—
Exemptions.
2.45.010 Fee imposed—Collection—
Exemptions.
A. Fee Imposed. There is imposed a nonrefundable
fee payable by every person who applies to take any
examination, other than a promotional examination, for
any position with the city which falls within any of the
city's civil service systems. The fee shall amount to the
pro rata cost, determined by the personnel office, which
the city pays a source other than city employees and
agents for preparing, supplying and grading the examina-
tion.
B. Collection. Except as provided in subsection C of
this section, the fee shall be paid to the personnel office
at the time application is made to take any such examina-
tion; and any applicant who fails or refuses to pay the fee
shall be ineligible to take the examination.
C. Exemption. Any applicant found by the personnel
officer to be unemployed at the time of making applica-
tion for the examination shall be exempt from paying the
fee imposed by this chapter. (Ord. 2969 § 1, 1986; Ord.
2500 § 1, 1981).
110
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF YAKIMA,
TEAMSTERS LOCAL 760,
REPRESENTING YAKIMA PUBLIC WORKS DIVISION MANAGERS UNIT.
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into by and
between Teamsters Local 760 representing Yakima Public Works Division Managers Unit
(hereinafter "Teamsters") and the City of Yakima, a Washington Municipal corporation
(hereinafter "City").
This MOU memorializes the agreement between the City and Teamsters regarding the COVID-
19 Pandemic and the bargaining unit members inability to utilize their vacation leave due to the
"Stay Home, Stay Safe" Executive Order.
The City and Teamsters agree that the provisions as set forth in this MOU supersede any
conflicting provisions in the Collective Bargaining Agreement covering the periods of terms for
the Teamsters Local 760 representing the Yakima Public Works Division Managers Unit
Collective Bargaining Agreement.
Whereas, the City and Teamsters agree that the COVID-19 Pandemic and "Stay Home, Stay
Safe" Executive has impacted the ability for employees to utilize their annual leave;
Whereas, the City and the Teamsters agree the annual vacation accrual cap shall be
suspended for the 2020 year end; now
Therefore, the City and the Teamsters agree the Vacation Leave accrual cap limits will be
suspended for the 2020 year end and excess hours will be carried over for use in 2021.
Vacation Leave accrual cap limits will be reinstated effective December 31, 2021. Vacation
Leave hours carried over must be used by December 31, 2021 and are subject the approval
process identified in the collective bargaining contract. Any hours exceeding the annual cap
limit as of December 31, 2021 shall be forfeited. Vacation Leave carry over hours are not
eligible for cash out.
This MOU is executed by the parties this
For the Union:
Leonard J. Cro / h
Secretary — Treasurer
Date: " ((e Zvi
day of November, 2020.
For the City:
Robert Harrison
City Manager
Date:
CITY CONTRACT NO:
RESOLUTION NO:_