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Regular Public Meeting 4/23/2024

Page 1

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Dombrowsky, Clerk of the Board

Regular Public Meeting

April 23, 2024, 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of April 15-17, 2024

 Consent Agenda of April 23, 2024

 Motion Items

 Public Comments

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Agreements/Contracts/Bid Awards

ZOOM Link KLTV Link

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917

www.kltv.org Live Stream

1. Agreement with Dell Inc. to purchase computer equipment under the auspices of the NASPO Valuepoint contract Washington NASPO PA 23026 / 05820. The total amount is $366,990.56.

2. Release of Bond In Lieu of Retainage with Lakeside Industries for the 2023 Countywide Overlay Project No. 2023.

3. Interlocal Agreement with the City of Kelso for Plans Examiner and Building Inspection Services.

Resolutions

4. Resolution for the South Toutle Road Headwall Repair project located from milepost 1.07 to 1.09 for a structural engineer to determine the approach for repairing the headwall and protecting the roadway. The total amount is $55,000.

5. Resolution providing for submission to Voters within County at the November 5, 2024, General Election, an Advisory Vote Asking Whether a Sales and Use Tax for Chemical Dependency or Mental Health Treatment Services or Therapeutic Courts at Rate of 1/10th of 1% per Cowlitz County Code Ch. 3.19 should be Readopted and Reinstated.

6. Resolution rescinding resolution #22-005 and revising the Employee Policy Guidelines.

Page 1 of 3

April 23, 2024, 9:00 a.m.

Board Correspondence

7. Letters/Notices

a. Affidavit of Posting Resume' Of the Commissioners' Proceedings for the Month of March 2024

b. Letter dated 4/23/2024 to Honorable Pete Buttigieg, Secretary of U.S. Department of Transportation supporting a grant application submitted by the Port of Kalama to the U.S. Department of Transportation for the Port of Kalama Rail Expansion Project.

c. Federal Energy Regulatory Commission (FERC) Notice dated 4/3/2024 regarding the Spillway Chute Investigation, Swift No. 1 Project

d. Federal Energy Regulatory Commission (FERC) Notice dated 3/28/2024 regarding a Notice of Intent to Grant Easement for Subterranean Horizontal Dowel

e. Letter dated 4/17/24 to Carolyn Fundingsland, Cowlitz County Auditor, regarding an approved resolution from Emergency Medical Services District No. 1 directing a question of a levy in 2024 for collection in 2025 upon all taxable property within the District of $554,130 for an estimated period of 3 years.

Motion Items

Health & Human Services

8. Contract # 24-015 with Family Promise of Cowlitz County to provide funding to enhance the Shelter Program and purchase additional supplies. The total amount shall not exceed $40,000.00 for the period of March 1, 2024, through December 31, 2024.

Information Technology

9. Amendment to the Washington Learning Source Contract No. WLS306 to acquire cameras and door locking systems crucial to building security at the Cowlitz County Hall of Justice from Security Solutions NW, Inc. The total amount is $225,490.00 with $117,385.00 funded from the Washington State Administrative Office of the Courts Grant No. IAA24488.

Updates

Chairman Updates

Upcoming Events:

 Wednesday, April 24th @ 2:30 p.m. – Lodging Sales Tax and Cumulative Reserve

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040

Page 2 of 3 Regular Public Meeting

Regular Public Meeting

April 23, 2024, 9:00 a.m.

RCW 42.30.040 - Conditions of attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing.

Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.

 Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas Regular-Public-Meetings

 ZOOM Invitation Address (for all meeting days):

o https://us06web.zoom.us/j/82019613917

 KLTV Live Feed Address: http://www.kltv.org

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Cowlitz County Policy

3.14 EMPLOYEE POLICY GUIDELINES

3.14.1 Policy

The Board of Commissioners adopted this Employee Policy to promote uniform personnel standards for employees in Cowlitz County except where it is superseded by a Collective Bargaining Agreement. This policy is not part of any contract of employment, nor is it binding on the County as a contract. The Board can modify or rescind this policy at its discretion.

3.14.1.1 Authority and Records

A. This policy defines the decision-making authority of the various parties involved in personnel administration and record keeping requirements. The elements of the policy acknowledge the distinctions between County Elected Officials, the Board of County Commissioners, and the Human Resources Department.

B. This policy defines the responsibilities of those involved in personnel administration and the development of official records for personnel actions. It articulates all required records including selection records, employee pay, status change, and benefit selection.

3.14.1.2 Board of County Commissioners

The Board of County Commissioners is responsible for all budgetary matters. The Board approves all personnel policies impacting Board employees, labor agreements, staffing levels, and the County’s Compensation Plan.

3.14.1.3 County Elected Officials

The County Elected Officials shall have the final responsibility and authority in all matters in their respective offices affecting personnel administration (hiring, firing, hours of work, job responsibilities, etc.) subject to budgetary restrictions and State and Federal law. In the absence of written personnel policies specific to their office, Elected officials may apply the policies herein.

3.14.1.4 Department Directors and Heads

A. Department directors and department heads are appointed by, serve at the pleasure of, and may be removed by the Board or their designee with or without cause at any time.

B. Department headsDepartment directors and department heads are the officials primarily responsible for the operations of their departments. Department heads (or department directors, if there is no department head) have the authority to hire, assign, and terminate their employees. FLSA exempt employees serve at the pleasure of their department headdepartment head (or department director, if there is no department head) and may be removed with or without cause by their department headdepartment head (or department director, if there is no department head) at any time.

3.14.1.5 Human Resources Department

A. Board of County Commissioners Office:

1. The Human Resources Department will administer the day-to-day matters of personnel administration and serve the County and departments by providing Human Resources administration guidance and support regarding the law, labor relations, discipline, contract interpretations and applications.

B. Other County Elected Departments:

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
review date: 1/18/2022 Kelso, WA 98626 Resolution # 22-005
Last
–Employee
#3.14
Human Resources (HR)
HR Director
Human Resources
Policy Guidelines Policy
Department:
Reviewer:
Review Date: December 31, 2024

Cowlitz County Policy

1. At the request of County Elected Officials, the Human Resources Department staff shall administer all of the administrative and technical activities required herein and applicable laws in order to carry out a comprehensive system of personnel management. All personnel actions shall be reviewed by the Human Resources Department before they are completed in order to ensure compliance with State and Federal law and defense and indemnification by the County insurer.

3.14.1.6 Reports

Every appointment, transfer, termination, promotion, demotion, discharge, leave of absence, change in salary rate, and other temporary or permanent change in the status of an employee shall be reported to the Human Resources Department via the Personnel Action Workflow System form (see intranet/forms.htm on the County’s internal webpage).

3.14.1.7 Method of Recruitment and Selection

A. The Board of County Commissioners is tasked with ensuring that the recruitment process is properly administered by the department Directors or Department Heads.

B. The department Directors or Department Heads are responsible for recruiting and selecting employees for all positions

C. Human Resources and in consultation with the Board and/or Department Heads shall establish a committee for the selection process for the Director and Department Heads, and other non-represented senior management positions.

1. The Committee shall include a representative from Human Resources.

2. The Committee shall include a representative from at least one other departments that will have a be directly impacted by the appointment of the position and may include a member of the Board.

3. The Committee shall review the candidates applications and assess their qualifications and suitability for the role position

4. The Committee shall conduct interviews and deliberations before making a final decision recommendation

5. The Department Head shall have the ultimate authority in the selection process for non-represented management and supervisory positions of a department, in consultation with the Director and Human Resources.

6. The department Director shall have the ultimate authority in the selection process for non-represented management and supervisory positions, when also acting as the Department Head, in consultation with Human Resources

7. The Board shall have the ultimate authority in the selection process for department Directors and Department Heads, in consultation with Human Resources.

8. The Committee’s final decision recommendation to appoint the chosen candidate for Director or Department Head shall be ratified by approved by a vote of the Board of Commissioners in open session

D. If any questions or challenges arise regarding any phase of the recruitment and selection process, the Human Resources Department or other designated body may investigate and, if necessary, take appropriate measures to uphold the integrity of the recruitment and selection process.

3.14.1.7 Records

A. Human Resources is responsible for maintaining the integrity, security, and confidentiality of personnel files. Elected Officials, Directors and Department Heads are responsible for ensuring any local copies of personnel documents are kept confidential. Any notes, logs, or other records related to employees or work issues may be subject to disclosure in legal proceedings and/or public records disclosure requests.

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
Last review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005

Cowlitz County Policy

B. Human Resources shall maintain a personnel file and medical file for each employee. Employee files shall contain at least the basic employment application, status slips, disciplinary actions, recognitions, and training and education. The official personnel file of an employee shall be comprised of records maintained by the Human Resources Department and the supplementary records maintained by the individual departments.

C. Employee health insurance and benefits records will be maintained in separate files within Human Resources and access will be limited to Human Resources staff and the employee unless the employee authorizes its release to other persons. Individual departments and Elected Offices will not maintain any supplementary medical records or files.

3.14.1.8 Access to and Confidentiality of Personal Records

A. Records, including employee personnel files, of the Human Resources Department shall be considered confidential. Employees are authorized to review their official personnel files at any reasonable time. The employee may, by written request, obtain a copy and/or permit other persons to have access to his or her personnel file. Certain records and documents may be considered Public Records and may be subject to disclosure under RCW 42.56 (also reference Cowlitz County Policy - Public Records Requests).

B. When the Human Resources Department receives a request for employment verification, upon verification of the employee’s Social Security number and receipt of a signed authorization from the employee to release information, the following will be released: date of hire and termination, job title and pay grade, and gross earnings for current and previous years.

3.14.1.9 Reduction in Force

If it is necessary to lay off any employee as the result of lack of work, revenue, discontinuation of a program, or any other reason, the Employer shall have sole discretion in determining those to be laid off.

3.14.1.10 Health and Welfare Insurance

The County provides a comprehensive package of medical, dental, vision, EAP, and life insurance for regular employees and eligible dependents. The coverage, eligibility, premium contributions, carriers, and provisions of the plans are as approved by the Board of County Commissioners or as determined by the applicable Collective Bargaining Agreement. Other employee benefit programs may be provided through or mandated by State or Federal governments such as workers’ compensation or unemployment compensation.

3.14.2 Procedure

A. All regular full-time, permanent part-time, and job share employees are eligible for all or a portion of the benefit programs provided by the County.

1. Full-time employees: A regular or probationary status employee working a regular schedule of 37.5 or more hours per week is eligible for medical, dental, vision, EAP, and life insurance.

2. Part-time employees: Part time employees who work 80% of a full-time employee are benefit eligible and will receive an employer contribution of 80% for medical, dental, vision, EAP and life insurance.

3. Job share employees: A regular or probationary status employee who shares one-regular position. A Job Share employee shares the benefits allocated to one full-time position.

County Board of Commissioners Policy # 3.14 207 North 4th Avenue
98626
#22-005
Cowlitz
Last review date: 1/18/2022 Kelso, WA
Resolution

Cowlitz County Policy

3.14.2.1 Waiting Period

Employer provided benefits, including but not limited to medical, dental, dependent day care, flexible spending accounts, life, EAP and vision insurance will begin the first business day of the next month following the date of hire. This applies to all benefit eligible employees.

3.14.2.2 Enrollment

Eligible employees must complete and submit enrollment forms within 30 days of the date of hire to the Human Resources Department to obtain coverage.

3.14.2.3 Covered Dependents

Eligible dependents include legal spouse, State registered domestic partner, and dependent children (including the domestic partner’s children) up to age 26. Employees may be required to provide marriage certificates, birth certificates, adoption records, etc.

3.14.2.4. Coverage during Leave of Absence

An employee who is on a leave of absence in an unpaid status will pay the employee and employer shares of benefit coverage. Such payment may be made by personal check or payroll deduction when the employee has signed a payroll deduction authorization form. This applies to all unpaid leaves of absence, with those exceptions listed under 3.15.9 Leave of Absence.

Note: any statement above is general in nature as specific determinations of eligibility for benefits may be impacted by contracts with insurance carriers or by changes in the County’s benefits plan design.

3.14.2.5 Retirement Benefits

The Washington State Department of Retirement Systems administers the Retirement system.

3.14.2.6 Procedure

A. Cowlitz County full-time employees and some part-time employees are eligible for one of the following:

1. Law Enforcement Officers and Fire Fighters System (LEOFF),

2. Public Employees Retirement System (PERS), or

3. Public Safety Employees Retirement System (PSERS)

B. Law Enforcement employees who are fully commissioned to enforce the criminal laws of the state of Washington are eligible for the Law Enforcement Officers and Fire Fighters System (LEOFF). The employee must be full time which means regularly scheduled to earn basic salary for a minimum of 160 hours each calendar month.

C. Corrections Department employees who have limited authority to ensure the custody and security of incarcerated or probationary individuals are eligible for the Public Safety Employees Retirement System (PSERS). The employee must be full time which means regularly scheduled to earn basic salary for a minimum of 160 hours each calendar month.

D. Other County employees may be eligible for the Public Employees Retirement System (PERS). Currently, PERS requires 70 hours per month for 5 months in a twelve-month period. Part-time Juvenile Detention Officers are eligible for PERS at hire.

E. Detailed eligibility rules and benefits of the plans are determined by the Department of Retirement and available at www.drs.wa.gov/ or in the Human Resources office.

County Board of Commissioners
# 3.14 207 North
Avenue
98626
#22-005
Cowlitz
Policy
4th
Last review date: 1/18/2022 Kelso, WA
Resolution

Cowlitz County Policy

3.14.2.7 Vacation

Vacation benefits are available to employees hired into a full-time position. Such time away from the job is intended to enhance employees’ emotional, mental and physical well-being. Vacation accrual and use requirements for represented employees shall be in accordance with the terms of the applicable Collective Bargaining Agreement.

3.14.2.8

How Earned and First Taken

A. Full-time employees shall accrue vacation benefits on an hourly basis. A full-time employee whose regular work schedule is 7.5 hours per day or 37.5 hours per week shall earn 7.5 hours of vacation for each calendar month of employment. A full-time employee whose regular work schedule is 8 hours per day or 40 hours per week shall earn 8 hours of vacation for each calendar month of employment.

B. Employees who work at least 1,500 hours per year but less than full-time shall accrue vacation on a pro rata basis. The formula for calculating pro rata vacation is: number of regular hours on payroll status divided by the regular hours in the month multiplied by 7.5 or 8. Temporary employees are not eligible for any vacation benefits.

C. Fair Labor Standards Act (FLSA) Exempt employees shall be charged for usage of vacation leave in full day increments, only; PROVIDED, that the employees’ partial day absences from work are not frequent or lengthy, or taken without their employer’s or immediate supervisor’s knowledge and approval - in which case, partial day absences shall be charged to the employee in tenth of an hour increment.

D. FLSA Non-exempt employees shall be charged in tenth of an hour increment. Vacation may be used (subject to obtaining approval of scheduling) upon accrual.

3.14.2.9 First and Terminating Month of Employment

Employees earn vacation leave for their first calendar month of employment if they are placed on the payroll on or before the 15th day of the month and work through the rest of the month. Terminating exempt employees do not receive vacation leave credit for the month in which they terminate unless they work through the 14th day of that month.

3.14.2.10 Sickness During Vacation Leave

An employee who becomes sick during vacation leave may request that the time be charged to sick leave. Such request must be made in the same manner that vacation leave is requested.

3.14.2.11 Limit of Accumulation

Vacation leave is accumulative to a total of 248 hours. Once this limit is reached, no additional leave shall be accumulated unless the Employer grants a deferral. Employees requesting deferrals must follow the Vacation Deferral Request Policy 3.34.

3.14.2.12 Approval Required to Obtain Vacation

Vacation leave shall be taken at a time approved by the Employer.

3.14.2.13 Vacation Schedule and Bonus Hours

Bonus vacation hours shall be granted to the employee and credited to the vacation account on the anniversary date of employment and in accordance with the vacation schedule shown below.

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005
Last
Yrs of Employment Completed Vac Hrs Earned Bonus Hrs Earned Total Vac Hrs Earned 8 hr day 7.5hr day 8hr day 7.5hr day 8hr day 7.5hr day 1 96 90 8 7.5 104 97.5

3.14.2.14 Payment of Accrued Vacation Leave Upon Termination

A. All unused accumulated vacation leave up to the 248-hour limit stated above shall be paid when an employee leaves County employment. Employees terminating before their anniversary date shall be paid a pro rata amount of bonus days to date of termination. Total vacation leave payoff cannot exceed 248 hours, including any bonus leave.

B. Payment for termination benefits shall be calculated as follows: Monthly salary x 12 divided by average annual standard hours x hours to be paid = payment for accrued termination benefits.

C. In the case of death of an employee, the Employer’s indebtedness to the employee shall be paid in accordance with R.C.W 49.48.120.

3.14.2.15 Reduction in Force

In the event of a layoff, all accrued sick leave and vacation leave that is payable at termination as described in sick leave and vacation leave portions of these guidelines shall be paid to laid off personnel at time of layoff. For a period of one year thereafter, employees so released will be eligible for rehire to vacancies occurring in the same classification and department. Such employees shall keep the Employer advised of current address and telephone number. Such employees offered reemployment must be available for work within fourteen calendar days of written notice mailed to the last address provided to the Employer. Failure to contact the Employer within such 14-day period constitutes waiver of any re-employment rights.

3.14.2.16 Reinstatement After Termination

Employees who are laid off and rehired within 12 months shall maintain their years of service in effect at the time of layoff for purposes of calculating regular vacation leave and bonus hours.

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue Last review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005 Cowlitz County Policy 2 96 90 24 22.5 120 112.5 3 96 90 32 30 128 120 4 96 90 32 30 128 120 5 96 90 40 37.5 136 127.5 6 96 90 40 37.5 136 127.5 7 96 90 40 37.5 136 127.5 8 96 90 40 37.5 136 127.5 9 96 90 40 37.5 136 127.5 10 96 90 48 45 144 135 11 96 90 56 52.5 152 142.5 12 96 90 64 60 160 150 13 96 90 64 60 160 150 14 96 90 72 67.5 168 157.5 15 96 90 72 67.5 168 157.5 16 96 90 80 75 176 165 17 96 90 80 75 176 165 18 and over 96 90 88 82.5 184 172.5

Cowlitz County Policy

3.14.2.17 Holidays

The County observes legal, paid holidays for employees. Holidays for represented employees shall be in accordance with the terms of the applicable Collective Bargaining Agreement.

3.14.2.18 Paid Holidays

The following days are recognized as legal, paid holidays for employees:

Holidays

New Year’s Day

Martin Luther King, Jr. Day

President’s Day

Memorial Day

Juneteenth Day

Independence Day

Labor Day

Veteran’s Day

Thanksgiving Day

The Day after Thanksgiving

Christmas Day

One Two Floating Holiday

Dates of Observance

January 1

Third Monday in January

Third Monday in February

Last Monday in May

June 19

July 4

First Monday in September

November 11

Fourth Thursday in November

The Day after Thanksgiving

December 25

After completing ten (10) consecutive years of service with Cowlitz County, employee shall receive an additional floating holiday on January 1 of each year for a total of two (2) floating holidays each year.

3.14.2.19 Holiday Worked

All non-union part-time Juvenile Detention Officers who work on the day any recognized holiday is observed, as defined above, will receive one and one-half times his/her regular hourly rate for all hours worked on that date.

3.14.2.20 Unpaid Holidays

Employees are entitled to two (2) unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. Unpaid holidays may be used, subject to approval, unless the employee’s absence would impose an undue hardship on the Employer or the employee is necessary to maintain public safety. (Refer to Policies and Procedures Chapter 3.33 Unpaid Holidays for Reasons of Faith or Conscience).

3.14.2.21 Observance of Holidays That Fall on A Weekend

Whenever a legal holiday falls upon a Sunday, the following Monday shall be observed as the legal holiday. Whenever a legal holiday falls upon a Saturday, the preceding Friday shall be observed as the legal holiday.

3.14.2.22 Approval Required to Take Floating Holiday

An employee may take their annual floating holiday(s) after six months of service. The floating holiday may be taken when approved by the Employer. Floating holiday time is non-accumulative and lapses at the end of each calendar year. There is no termination pay for any floating holiday not taken.

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
Last review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005

3.14.2.23 Sick Leave

A. Sick Leave for FLSA Exempt EmployeesAuthorized Uses of Paid Sick Leave

Paid sick leave may be used for the following:

1. An employee’s mental or physical illness, injury or health condition;

2. Preventive care such as a medical, dental or optical appointments and/or treatment;

3. Care of a family member with an illness, injury, health condition and/or preventive care such as a medical/dental/optical appointment;

4. Closure of the employee’s place of business or child’s school/place of care by order of a public official for any health-related reasons;

5. If the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking as defined by the domestic violence leave act, RCW 49.76

H. “Family member” is defined as a child or parent (including biological, adopted, foster, step or legal guardian), a spouse, State registered domestic partner, spouse’s parent, grandparent, grandchild, or sibling.

6.

1.7. Rate of Accrual – Maximum Accumulation

H. The purpose of sick leave is to provide a certain amount of paycheck insurance to ensure continued pay during periods of illness or disability. Full-time exempt employees accrue sick leave at the rate of 8 hours per month or 7. 5 hours per month, depending on their regular weekly schedule. Sick leave is earned for the first calendar month of employment if the exempt employee is on the payroll on or before the 15th day of the month and works through the end of that month. Exempt employees who work at least 1,500 hours per year but less than full-time shall accrue sick leave on a pro-rata basis. The formula for calculating pro rata sick leave is number of regular hours on paid status divided by the regular hours in the month multiplied by 7.5 or 8. Temporary exempt employees are not eligible for any sick leave benefits. Maximum sick leave accrual is 1,200 hours.

I.H. “Family member” is defined as a child or parent (including biological, adopted, foster, step or legal guardian), a spouse, State registered domestic partner, spouse’s parent, grandparent, grandchild, or sibling.

B. Accrual of Paid Sick Leave

1. Paid sick leave begins to accrue at the start of employment. Employees will be provided with an Employee Paid Sick Leave Notification at the start of employment. It contains information regarding authorized use of paid sick leave, the County’s paid sick leave accrual year, carryover of paid sick leave, eligibility for use, and information about retaliation.

2. Effective January 1, 2018, full-time employees will accrue paid sick leave at a rate of 7.5 hours or 8 hours per month based on their standard hours. If a non-exempt employee works more than 320 hours in 1 month they will accrue 8 hours of sick leave plus 1 additional hour for every 40 hours worked thereafter in that month. If the employee starts after the 15th of the month the employee will accrue 1 hour of paid sick leave for every 40 hours worked until the end of that month. If the employee is separated from employment (voluntary or involuntary) prior to the 15th of the month, the employee will accrue 1 hour of paid sick leave for every 40 hours worked during the last month of employment.

3. Part-time employees eligible for pro-rated benefits as defined above in 3.15.4 will receive pro-rated Sick Leave.

4. There is no cap on the number of paid sick leave hours that may be accrued in a year.

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
1/18/2022 Kelso,
98626 Resolution #22-005
Last review date:
WA
Cowlitz County Policy

Cowlitz County Policy

C. Paid Sick Leave Accrual Year

1. Accrual year is January 1 to December 31

D. Carryover of Paid Sick Leave Hours

1. At the end of the paid sick leave accrual year unused paid sick leave balances of 1200 hours or less will carry over to the following year.

E. Eligibility to Use Accrued Paid Sick Leave

1. Employees are eligible to use accrued paid sick leave upon accrual.

F. Notification to Use Paid Sick Leave

1. Reasonable notice for use of paid sick leave is required as defined by the employee’s Office or Department.

G. Increments of Use for Paid Sick Leave

1. Employees are allowed to use paid sick leave in increments of 10 minutes unless defined in smaller increments in the employee’s Office or Department.

H. Rate of pay when using paid sick leave

1. Paid sick leave hours will be compensated at an employee’s regular rate of pay, excluding overtime rates, where applicable.

2. Paid sick leave hours will not count towards the calculation of overtime. For example:

I. Verification for Absences Exceeding Three Days

1. The Employer shall have the right to require a doctor’s certification in support of a claim for sick leave after three (3) consecutive working days of absence.

2. Employees have a right to assert that the verification requirement results in an unreasonable burden or expense on the employee.

J. Payroll

3. Paid sick leave balances will be available on the employee’s timecard which is located on PeopleSoft and will be the County’s notification to employees. The timecard will include:

a. Accrued paid sick leave since the last notification

b. Used paid sick leave since the last notification

c. Current balance of paid sick leave available for use

K. Separation from Employment

1. A non-exemptAn employee separated from County service due to death, retirement, or termination, short of retirement age shall be compensated for 100% of sick leave accrued in the last two years of service, plus one-half of total unused accrued sick leave, minus 192 hours (8 hour days) or 180 hours (7.5 hour days). No

# 3.14
#22-005
Cowlitz County Board of Commissioners Policy
207 North 4th Avenue Last review date: 1/18/2022 Kelso, WA 98626 Resolution

Cowlitz County Policy

non-exempt employee, however, may be compensated for more than 360 hours of unused, accrued sick leave. Non-exempt employees with less than two years of service will be compensated for one-half of their accrued and unused sick leave.to the extent of fifty (50) percent of their accumulated unused sick leave to a maximum of 360 hours.

L. Reinstatement of Employment

1. If an employee leaves employment and is rehired within 12 months of separation, any accrued, unused paid sick leave will be reinstated to the employees paid sick leave balance.

2. If an employee is rehired within 12 months of separation, the employee will not be required to wait another 90 days to use the accrued paid sick leave if the employee met that requirement during the previous period of employment. If an employee did not meet the 90-day requirement for the use of paid sick leave prior to separation, the previous period of time the employee worked for Cowlitz County will count towards the 90 days for purposes of determining the employees eligibility to use paid sick leave.

M. Shared Leave Program

1. Temporary and Part-Time employees are not eligible for the Shared Leave Program.

N. Retaliation prohibited

1. Any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is not allowed. Employees will not be disciplined for the lawful use of paid sick leave.

2. If an employee feels they are being discriminated or retailed against, the employee may contact the Human Resources Director.

O. Contact Information

1. Employees with questions about Paid Sick leave may contact Human Resources at 360-577-3065 or personnel@co.cowlitz.wa.uscowlitzwa.gov

P. Leave of Absence Without Pay

1. Leave of absence (other than FMLA leave, Washington pregnancy disability leave, or other leave discussed in these policies) without pay may be granted at the discretion of the Employer. The Department HeadDepartment Head (or department Director, if there is no Department Head) must submit to the Board any leave in excess of 30 days in their department for approval.

2. Requests for leave of absence without pay must be submitted in writing (with copy to Human Resources) and approved by the Employer in advance of the effective leave date.

3. An employee on leave of absence without pay shall not be eligible for accrual of sick leave, vacation, holiday pay, or seniority. The anniversary date (seniority date) shall be moved forward in the amount equal to the duration of the leave.

4. While on such leave of absence without pay, an employee shall not be eligible for County payment of medical insurance. The employee may maintain medical coverage by paying the County the full amount of the premium. Such payment may be made by personal check or payroll deduction when the employee has signed a payroll deduction authorization form.

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5. Rights to return to employment are discretionary with the Employer and shall be explained in writing when the leave is granted. An employee failing to return to work upon expiration of the leave of absence may be terminated from employment with Cowlitz County.

Q. New Hire Exception

1. The As applicable, the Elected Official/Department Head Director or Department Head, or their designee may approve unpaid vacation leave prior to hire and the new hire would be allowed to take any accrued paid vacation at the time of the leave and any remaining leave without pay would be unpaid but would not affect leave benefit accruals, seniority, or employer share of health premiums.

2. In addition, probationary employees are allowed to use their accrued vacation leave as sick leave at any time during their employment.

R. Bereavement Leave

S. Upon the death of an immediate family member, employees will be allowed up to three (3) days off with pay to grieve, assist in making arrangements and attend the services. Employees who require additional time off may request other appropriate leave. Immediate family is defined as persons related by blood or marriage or legal adoption in the degree of consanguinity of wife, husband, parent, grandparent, brother, sister, child or grandchild of an employee, aunt, uncle, cousin, niece or nephew (aunt, uncle, cousin, niece and nephew must be of the first degree). means spouse, State registered domestic partner, parent (biological or an individual who stood in loco parentis to an employee when the employee was a child), grandparent, brother, sister, parent-inlaws, child (including biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis), grandchild, aunt, uncle, niece or nephew, or any other person related by blood or marriage regularly residing in the employee’s household at the time of death.

1. First degree means:

Aunt – sister of the employee’s mother or father.

Uncle – brother of the employee’s mother or father.

Cousin – children of the employee’s parent’s brother or sister

Niece and Nephew – children of the employee’s brother or sister

T.S. Military Leave of Absence

1. All eligible employees will be granted military leave in accordance with any applicable state and/or federal law, and shall be required to provide such advance notice of the need for leave or any request for reinstatement according to the statutory procedures and time limits, and reinstatement shall be as required by law.

U.T.Jury Duty

1. An employee called for jury duty shall receive regular County pay less any jury duty reimbursement they may receive for the period of compelled service. If excused from jury duty on a County workday, the employee shall contact their supervisor for work assignment.

V.U. Witness Duty

1. Employees who are required to appear in court or in a state or federal administrative proceeding to testify under some form of subpoena or court order may use vacation or unpaid leave of absence.

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
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Cowlitz County Policy

2. Employees who, as a result of their job or as part of their job are required to be a witness, excluding litigation in which they are involved as parties will continue to receive their regular wages (but only the straight time hours of work scheduled, up to eight hours in any one day) while on such witness duty, but then must reimburse the County for any witness duty fees received (excluding any subsistence or travel allowance).

W.V. Salary Administration

1. The Board of County Commissioners set the Compensation Plan for all employees. All employees must be paid a salary or hourly rate that is within the approved range for their job classification and at one of the approved steps. Any exception shall be approved only by the Board of County Commissioners.

2. The County will establish a standardized job description format and content for each position. Only the approved format will be accepted for purposes of classifying or reclassifying positions.

X.W. Step Increases

1. All full-time employees shall be eligible for an annual step increase up to the maximum of the range after twelve months at each step. All part time employees shall be eligible for a step increase when they have worked the hours equivalent to an annual full-time employee in the department/office and up to the maximum of the range. Eligibility dates shall be based on the date of hire or promotion or entry into the position or step.

2. The effective dates for salary increases under this section shall be the first of the month following one (1) full year from date of hire. The employee shall advance to the next step and continue to advance to the next step each year thereafter until they have reached the top step.

3. For all attorneys in the Prosecuting Attorney’s Office receiving Step 74, Step 85, and Step 9 6 of the salary schedule is at the discretion of the elected Prosecutor. For all attorneys in the Office of Public Defense receiving Step 74, Step 85, and Step 9 6 of the salary schedule is at the discretion of the Board of County Commissions upon recommendation from Director of Public Defense.

4. Bargaining Unit Employees: the provisions of the applicable Collective Bargaining Agreement shall prevail when determining increases for bargaining unit employees.

Y.X. Entry Rates

1. It is the general policy of the County that new employees should be hired at the lowest step of the applicable range and advance through the range at the normal progression. However, it is recognized that a number of factors may justify a higher starting salary. Mid-range and upper range placements may be requested and considered based on extraordinary qualifications, previous work experience, or as necessary to attract particular candidates to County positions. Approval to start a new employee at a step higher than Step 1 must be approved by the Board of County Commissioners.

Z.Y. Promotions

1. An employee promoted to a position with higher salary steps shall be placed at Step 1, or at the step closest to a five per cent (5%) increase above their current salary, whichever is greater. On the first of the month following one full year from date of promotion, the employee shall advance to the next step and continue to advance to the next step each year thereafter until they have reached the top step. Time on unpaid leave

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue
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shall not be counted in calculating years of employment. No advancement shall be made beyond the top step.

AA.Z. Demotions

1. An employee being demoted (voluntarily or involuntarily) shall move to the minimum salary of the lower job classification; provided, if the employee has previously held permanent status in the lower job classification, he/she shall move to the step at which they were prior to leaving such job classification. On the first of the month following one full year from date of demotion, the employee shall advance to the next step and continue to advance to the next step each year thereafter until they have reached the top step. Time on unpaid leave shall not be counted in calculating years of employment. No advancement shall be made beyond the top step.

BB.AA. Transfers

1. When an employee is transferred from one class to another class having the same pay range, he/she shall continue to receive the same step and/or pay rate with no adjustment to salary or step date.

CC.BB. Overpayments and Underpayments

1. The County shall correct the pay rate or amount of any form of compensation or benefits found to have been overpaid or underpaid.

2. Overpayment of wages may be recovered by the employer by deductions from subsequent wage payments or by civil action per RCW 49.48. When the County determines that an employee was overpaid wages, the County shall provide written notice to the employee. Repayments shall be made by payroll adjustment unless other arrangements have been made with the Auditor. The County may consider repayments in installments where the amount is sizeable. The employee must review the notice within twenty calendar days after receiving the notice. An appeal can be submitted within the twenty calendar days.

3. Underpayments by the County shall be paid to the employee in a single payment as soon as practicable.

DD.CC. Calculation of Pay - Partial Month

1. Calculation of pay for a full-time employee who works a partial month shall be as follows:

a. Monthly salary divided by number of paid days in month =

b. Daily Rate x Number of days worked or entitled to* =

c. Salary for partial month

d. *Note: Must include days entitled to be paid such as holiday, sick or vacation days.

EE.DD. Shift Differential

1. For non-union employees assigned to work a shift that has a shift differential negotiated under a Collective Bargaining Agreement, the non-union employee will also receive the shift differential.

FF.EE. Work Hours and Overtime

1. All employees may be required to work hours beyond their regular schedule. Work performed in excess of 40 hours in one week is considered overtime under the Fair Labor Standards Act (“FLSA”) or the Washington Minimum Wage Act (“WMWA”). Whether an employee receives additional compensation for hours in excess of 40 in a work week is determined by whether or not the employee is “exempt” or “non-exempt”

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue Last review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005
Cowlitz County Policy

Cowlitz County Policy

from the overtime pay requirements of the Fair Labor Standards Act (“FLSA”) and the Washington Minimum Wage Act (“WMWA”).

GG.FF. Workweek

1. The workweek shall consist of five consecutive workdays, unless an alternative work schedule is approved by the Department HeadDepartment Head (or department Director, if there is no Department Head) or Elected Official. The workweek generally begins at 12:01 a.m. Monday and ends at 11:59 p.m. Sunday.

HH.GG. Overtime

1. No employee shall work hours in excess of his/her regular work week without the prior approval and direction of the supervisor.

II.HH. Compensation for Overtime

1. Exempt Employees.

a. Employees who are exempt from the FLSA and WMWA shall not be paid extra or receive additional compensation for any time worked in excess of 40 hours in a workweek or 8 hours in one day since the employees receive a salary intended to compensate them for all hours worked. Employees who are FLSA and WMWA exempt will be paid their regular salary each month unless the employee is absent without pay for periods of one day or more. Deductions from salary for partial days will not be made. Absences of a day or more can be charged to vacation or sick leave (if the absence is for a permissible sick leave reason).

2. Non-Exempt Employees.

a. Employees who are full-time not exempt from the FLSA and WMWA shall, at the employee’s choosing, be compensated either by payment of time and one-half the employee's regular rate of pay for such hours or by awarding compensatory time off at one and one-half hours for all hours in excess of 40 straight time hours in one week or 8 in one day. The employee shall inform the employer in advance of the overtime what basis of compensation shall be used. Part-time employees who are not exempt from the FLSA and WMWA shall be eligible to receive overtime rate for all hours in excess of 40 in one week. Accruals of compensatory time off may not exceed 40 hours. Any hours in excess of 40 shall be paid. Employees with accrued compensatory time off will be permitted to use such time within a reasonable time after requesting to use such time if it would not unduly disrupt the employer’s operation. Compensatory time off balances shall be paid at termination.

3. Overtime records shall be maintained by the Auditor’s Office in accordance with the Federal Fair Labor Standards Act and such other requirements as the Board of Commissioners may establish.

JJ.II. Grievances

1. An employee, who is aggrieved by any application of these policies, or by any suspension, termination, or other disciplinary measure imposed by the department headdepartment head (or department director, if there is no department head), may file a grievance with the Board.

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Last review date: 1/18/2022 Kelso, WA
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Cowlitz County Policy

2. The grievance must be in writing and must be filed with the Board within 10 working days of the act giving rise to the grievance. It must specify what part of these guidelines were allegedly violated, the act constituting the grievance, explain why the employee believes such act was wrong, and state what remedy the employee requests from the Board.

3. At the request of either the employee or the Board, a meeting shall be held between the Board, the employee, and the department headdepartment head (or department director, if there is no department head). An attorney may represent the employee but the attorney’s role shall be limited to explaining whatever factual or legal issues the employee believes the Board should consider. At the employee's request, the Board shall meet separately with the employee and with the department headdepartment head (or department director, if there is no department head). The employee shall have a reasonable opportunity to present his grievance to the Board, in person and/or in writing, and including written statements from other employees or other persons. The Board's consideration of a grievance shall be informal. Once the Board has completed such investigation of the grievance, as it deems reasonable under the circumstances, it shall issue a written decision within 30 working days after the hearing is concluded. Copies of the decision shall be sent to the employee, the department headdepartment heads (or department directors, if there is no department head), and the Human Resources Director.

4. The Board may also refer any grievance to a Hearings Examiner who shall conduct these informal proceedings. In such event, all provisions of the grievance process relating to Board actions and procedures shall also apply to the Hearings Examiner. The Hearings Examiner shall issue Recommended Findings, which shall be reviewed by the Board based solely on the record and applicable law for issuance of the written, Board decision.

KK.JJ. Honesty and Integrity in All Things

1. Every employer has the right to expect certain basic standards of conduct and behavior from its employees, just as every employee has the right to expect the same of an employer and coworkers. Our fundamental expectation can be summed up in six words: Honesty and Integrity in all things.

2. Unfortunately, there is no formula or set of guidelines that can "define" appropriate ethical and moral judgment in every situation that an employee might face. Thus, we must depend upon the good judgment and common sense of each of our employees and their willingness to seek advice from others within the County when difficult or ambiguous situations arise. However, our one absolute and unwavering expectation is that every employee, regardless of job or responsibilities, will conduct himself/herself with honesty and integrity in all matters and things. This not only means that falsification, misrepresentation, and untruthfulness will not be tolerated, but that we also cannot accept conduct, statements, and "omissions" which are misleading or result in impressions or conclusions which distort the larger reality. This necessarily means that we expect employees to courteously and candidly cooperate in all County investigations or inquiries.

(Res. 6278; Res. 81-775, 10-12-81; Res. No. 81-805, 11-9-81; Res. 82-040, 2-16-82; Res. 83-119, 5-23-83; Res. 83-251, 1114-83; Res. 89-168, 10-2-89; Res. 98-072, 5-11-98; Res. 06-153, 11-7-06; Res. 18-001 1-9-18; Res 22-005, 1-18-22)

Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue Last review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005
Cowlitz County Board of Commissioners Policy # 3.14 207 North 4th Avenue Last review date: 1/18/2022 Kelso, WA 98626 Resolution #22-005 Cowlitz County Policy

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