HomeMy WebLinkAbout2012-1015 Study Session Packet CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, October 15, 2012
Siskiyou Room, 51 Winburn Way
5:30 p.m. Study Session
1. Look Ahead review
2. Review of the Ashland Solid Waste Rate Review Report
3. Review of proposed revisions to AMC Chapter 3.08, General Personnel Policies
and Employee Responsibilities
After Study Session completion: Executive Session for real property transaction
pursuant to ORS 192.660(2)(e)
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting,please contact the City Administrator's office at(541) 488-6002(TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
• City of Ashland Couniftleeting Look Ahead
"THIS IS A DRAFT AND MBJECT TO CHANGE*****
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Departments
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1115
Discussion re: allowing telephone participation at council and
commission meetings (Dave K/ Dave LJ Barbara)
Admin Legal
Recorder
SS
2
lReview of Dignity Health affiliation and lease agreement with
ACH (Dave K/ Dave L.
Admin Legal
SS
R'm
3
IYouth Symphony 5 anniversary proclamation (Diana)
Admin
PROD
4
Approval of update to City Emergency O Plan (John)
Fire
CONS
5
Approval of grant application for transportation upgrades at
Nevada Street bridge (Mike)
PW
CONS
6
Approval of letter of intent for Braumbacher street project
(Mike)
PW
CONS
7
Approval of ourch2S- /R qike)
PW
CONS
8
Suppleme tal Budget(Lee)
Finance
PH
9
Public Hearing &first read of ordinance re: Housing Needs
lAnalvsis (Bill)
CID
PH
ORD-1
ORD-2
10
ACH/Dignity Health affiliation and lease (Dave K.
Admin Legal
PH
11
Acceptance of annual financial report(Lee)
Finance
NEW
12
Second reading of update to Fair Housing ord. (Bill)
CID
ORD-2
13
2nd reading of a reduction in the number of Transportation
Commission members from 9 to 7 (Mike/Dave L.
PW Legal
ORD-2
14
First reading of update to Chapter 3 of AMC regarding
personnel (Tina/ Dave L.
HR Legal
ORD-1
ORD-2
Ige7s—spMi-nWis-Riy-o-ul-Ro�om)��
2
15
Electric Rates (Lee)
Elec. Finance
PH
16
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Discussion and approval of new city grant application process
(Lee)
Finance
NEW
17
Second reading of Housing Needs Analysis (Bill)
CD
ORD-2
18
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Second reading of update to Chapter 3 of AMC regarding
personnel (Tina/ Dave L.
HR Legal
ORD-2
M2/J3
MMEMSt�ud-yi Session (MSjgkiy—,o-uIRoom
Iva
19
Discussion of commissions numbers, quorum requirements,
excused absences, etc. (request of Mayor Stromberg) (Dave
K/ Dave L./ Barbara)
JAdmin Legal
Recorder
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171
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Page 1 of 2 10/11/2012
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
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Re ular Council Meetin
Departments
Responsible
11/5
1116
11/19
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11120
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1213
1214
1a/a
12/17
12118
12/31
1/1
1/14
1/15
20
Proclamation and Resolution declaring nomination of elected
candidates/measures Barbara
Recorder
CONS
21
jApproval of Public Art for Plaza Ann
Admin
CONS
EM
�Stud�yISe lion InTSiski ou Room
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cans
Re uIarCouncilMeetin 9
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Annual ap oint. of budget committee members Barbara
Recorder
NEW
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IIIIIIIIIIIIStudy Session C-_an-c_elle_d due to New Yiear HAlida
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Re ular Meetin C-_ar ce4ed due to N.e-w Ylear HAlida
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Em
v1a
Stud. Session inSiski ,o-uRoom
v15>
Re ular Council Meetin
23
Swearing in of new Council members Barbara
Recorder
SWR
24
Mayor's State of the City
Mayor
PRES
25
Election of Council President Barbara
Recorder
NEW
OEM
Lon T,e'�acts
Telecom Franchise Agreements&Right of Way Usage
Discussion of regulating the growing of medical marijuana in residential areas
Ordinance changes regarding VRBO zoning
Day use facility for homeless
Discussion of direction to staff for study of water rate structure that rewards conservation and
help for low-income individuals with water bills
• Pag* 0/2012
CITY OF
ASHLAND
Council Communication
October 15, 2012, Study Session
Review of the Ashland Solid Waste Rate Review Report
FROM:
Dave Kanner, City Administrator, kannerd @ashland.or.us
SUMMARY
At Council's direction, staff hired a consultant to review the financial condition of the City's
franchised solid waste hauler (Recology) to determine the validity of their request for a significant
increase in garbage rates. That review, conducted by Chris Bell, CPA, has determined that Recology is
entitled to an additional 7%-8% rate increase, but also raises some major policy questions for Council
consideration. These include:
• Should ratepayers continue to subsidize the recycling depot, which accounts for a tiny fraction
of the recyclables collected in Ashland?
• Should the City require Recology to automate its collection system, which will require yet
another rate increase, but which will lower Recology's costs in the long run and provide rate
stability?
• Should the City do away with the yellow bag and sticker programs, which are inefficient and
do not cover their own cost?
BACKGROUND AND POLICY IMPLICATIONS:
Recology approached the City Council in December 2011 with a request for a 23% rate increase, based
on a gross annual loss of$434,000 for the prior year and a projected loss for 2012. Council instead
approved an 11% increase to cover the then-current losses and directed staff to hire a consultant to
conduct an independent financial review of Recology's Ashland operation and the validity of its
request for the additional rate increase.
Staff contracted with Chris Bell, CPA, a Camas, Washington, based consultant who specializes in such
rate reviews. His report is attached to this Council Communication. There are a number of things that
jump out in his report. They are as follows:
I. Recology's losses on collection services can be attributed entirely to residential collection,
which uses an antiquated and inefficient manual system.
2. The recycling depot loses an amount of money that equates to $1.77 per month for every
residential customer in Ashland, while collecting a very small percentage of the recycling
volume in the City.
3. The medical waste collection program does not cover its cost of service. As a percentage of
revenue, the loss is extremely high, although in terms of dollars, the loss is small.
4. Revenues from the yellow bag and sticker programs—essentially"on call" collection service --
do not cover the cost of the service.
Page 1 of
��,
CITY OF
ASHLAND
Mr. Bell's report also notes that Recology's administrative overhead costs are somewhat higher than
industry norms. However, the City's franchise agreement with Recology does not limit administrative
expenses that can be claimed in ratemaking proceedings, nor does it identify any other expenses that
are considered allowable or disallowed in ratemaking proceedings. This alone points to the need for
City to craft and enter into a new franchise agreement with Recology that more clearly delineates their
role as a franchised contractor to the City. The City also lacks a mechanism by which it can (if it
wishes to) force Recology to automate its residential collection services. Automation would incur
additional short term costs (which would be passed through to customers), but it would have long-tern
benefits in terms of efficiency and rate stabilization.
FISCAL IMPLICATIONS:
A 7% increase in monthly residential garbage rates amounts to $1.25 per month for a typical customer.
STAFF RECOMMENDATION AND REQUESTED ACTION:
This item is on your agenda for discussion only. The Council may-wish to provide direction to staff as
to how to proceed with any or all of the policy issues raised in this communication.
SUGGESTED MOTIONS:
N/A
ATTACHMENTS:
Ashland Solid Waste Rate Review Report
Letter from Steve DiFabion, Recology general manager
Page 2 of 2
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Ashland Solid Waste
Rate Review Draft Report �-
September 18, 2012 r,`
V,,�; Report Submitted by `�
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ell � B � crates, Inc.
aa` ` '' 6 ix��7` ✓� �
Ih
City of Ashland V i
Solid Waste Rate Review Draft Report Va� .
Table of Contents
ExecutiveSummary................................................................................................................... 2
Background............:................................................................ ............................................. 3
Cost of Service/ Rate Calculations.................................... ¢.................................................... 5
Residential Waste and Recycling Collection ............ .A..... :. ' ........................................... 5
Commercial Waste and Recycling Collection.........:. ......................................................... 6
Drop Box Service................................................... ........................... 6
..
RecyclingDepot........................................ ........................... 7
Administration........................... .....'.'a. ................... 8
Conclusion and Recommendations.:....:.::................................................................................... 8
Appendix— Financial Summaries .. ""� "�................................................... .................10
°ate
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mssociates Page 11
City of Ashland �QI itn . l
Solid Waste Rate Review Draft Report
Executive Summary
The recent proposal submitted by Recology Ashland Sanitary (Recology) for a 23% increase in
collection rates generated a predictable response from Ashland City Council members who
have questioned the need for the amount requested. While an analysis of the rate request
revealed that an increase is warranted, it also shows that changes are required. The solid waste
and recycling system is the responsibility of the City of Ashland. Through its franchisee,
VXW
Recology, the City exercises its regulatory obligation t provide waste and recycling services at
reasonable rates.
The large rate increase is a symptom of the currstem that will continue to require
XMN
sign ificantincreases if no modificationsfor improvetl, iciencies are completed. There have been
substantial changes in both technology and regulatiomin thewaste industry over the last 15
years that have and will impact the citizens of Ashland. C>itg Council members need to view this
rate request as a starting point to update their system to 11 bMoth cost effective and
environmentally responsive. ` ; L
Ashland has a responsiwpartner in Recology and heetls,to capitalize on their experience and
willingness to work irncon nction with City managers antlelectedicials to modernize the
City's waste managem nt system. While elms d representatives are reluctant to increase fees
to their constituents, teyst fully consider thafpdating their solid waste and recycling
system will require investments thatwill�yield stable�and predictable rates in the future.
w
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�in ssociates Page 12
City of Ashland +g1 'lfi
Solid Waste Rate Review Draft Report
Background
Bell &Associates was contracted to provide the City of Ashland (the City) with solid waste
consulting services for the rate request submitted by Recology Ashland Sanitary(Recology).
The following report summarizes the approach used to substantiate the rate request as well as
highlight the need for the City to update the solid waste management system.
At the request of the City, Recology submitted an Excel Cost Report that detailed the financial
and operational results of collections operations over the period of October 1, 2010 to
September 30, 2011. The format of the report provides the capacity to calculate the cost of
service for each line of business (residential, commercial, rop box, medical waste, and
recycling depot).
Reported results were analyzed and the following tta;s.we ompleeted:
a. Using a predictive test of revenue for each line of busi ess, ensure the reported
revenues are reasonable for the number of reported customers
b. Using the reported Direct Cost line items\determin of the expenses reasonable in
relation to the customer and operational data entered from the detailed cost report.
c. Determine if the reported disposal expense\is reasonable using a predictive test of
disposal cost.
d. Using the reported administrative line items determine if the expense is reasonable in
relation to the operational data entered from"the;detailed cost report.
e. Compare reported results in the City of Ashland=to other collection companieswithin the
\ i e ,
State of Oregon,to provi de reasonable assurance that+costs incurred are comparable to
similar operatio s� �4 ,
f Review the cost betw�n the_,City an4Ja�on County to determine if the allocations
arereasonable. \\\
Report\ed collection to\the City weed by $96,101 in the following areas:
\ � \ �
1. Drop box services were allocated to the transfer station which reduced the reported
costs by$129,808. \
2. Revenue from the sale of recyclable materials collected at the transfer station was
reported as collection revenue. This adjustment reduced the amount of recycling
revenue reported in the City by$29,719.
3. Franchise fee expense-was increased by $3,988 to coincide with the reporting period of
the report submitted by Recology.
The adjusted results from October 1, 2010 to September 30, 201 tare summarized in the table
on the following page:'
'The detailed financial analysis of the report submitted by Recology is included in the Appendix of this
report.
<0mssociates Page 13
City of Ashland .Q . t
Solid Waste Rate Review Draft Report
Table 1 -Adjusted Results of Operations for the Fiscal Year October 2010 to September 2011
1,324,134 1,182,017 0 322,605 29,850 21,145 2,879,751
�i 1,480,331 130361475 321,375 43,683 1423544 3024,408
-156,197 145,542 1,230 -13,833 -121,399 -144,657
® -11.8% ii 12.3% 0.4% . -46.3% -574.1% -5.0%
Since the submitted report covered the period prior to the Ja\2012 rate increase, revenues
and expenses were adjusted to project the results of operations,from October 1, 2011 to
September 30, 2012. Customer counts were multiplied-by the rate increase for the nine months
of 2012 and line item expenses were inflated for known increases such as pay raises, health
insurance, and fuel. The following table summarizes the projected 2012 results:
Table 2-Projected Results of Operations for the Fiscal Year,October 2011 to September 2012
1,385,179 1,219,738 337,524 31,529 21,145 2,995,115
1,524,464 1,0353730 43,157 141,098 3,071,368
-139,285 184,008 10,605 11,628 119,953 76,253
�l -10.1% '' 15.1% 3.1% -36.9% 567.3% -2_6%
Segregating-medical waste collecticri and'the lec\ycling depot from waste and recycling
collections, the-projected results improve to.a\sij e-income and margin as summarized
below:\\ \�\\
Ta��-Projected. s�and Rv ling Collection Results for Current Fiscal Year
-�� TI . . : .
1,385,179 1,219,738 337,524 2,942,441
1,524 464 1,035,730 326,919 23887,113
�. _139,285 184,008 10,605 55,328
®l_ -101% 15.1% .3.1%- - - 1.9%
mssociates Page 14
City of Ashland
Solid Waste Rate Review Draft Report t��P
Cost of Service / Rate Calculations
The assumed operating margin for collection operations is 10% on allowable costs. With a few
minor exceptions, this is the percentage used by most jurisdictions within the State of Oregon to
set collection rates. The margin is calculated using the following formula:
Allowable Costs/(1 -Operating Margin) = Revenue Required from the Collection Rates
Franchise fees are calculated at 5% of the allowable costs with margin and then added to the
rate.
Residential Waste and Recycling Collection'
Residential service is a mixture of cans, roll carts, and plastic bags manually collected by an
aging work force with collection trucks better suited,>for se i-auto ated cart collection. This
collection system and fleet'is outdatedand carries al'ubstantial risk ofinjury to the workforce.
Each week waste is collected from approxim to y 5,800 customers. Most of the customers
subscribe to the 32 gallon can (5,168) or the 32 gallon cart(535). The cost ofs ervice for the 32
gallon can/cart is $25.73 per customer per month whereas.the current rate s4$�86. Setting the
11110,411 rate at the cost of service would require a 44% increase
Recommendation:Implementing a fully carted,,collection system will reduce the collection
costs. Recology would need to invest an addition I'$250,000� n carts; however, the
estimatedsavingswould b ae pproximately,$,6,000 per year from t e reduction of one route
.°rva .
truck and dnvecThis,is a,consenratnre estimate and coul e,' reater with other minor changes
to the system and the reduction of work related injuries . The rate impact for this change is
$0.80 per customer per month.The following tabledetails the cost components for residential
servicelliable
'4-Cost of Service for Residential Waste and Recycling Collection
32 gal. Cost Component
Rate Cost of Service Cost of Service
- t - nisposal,Cost per Month' � ' 09 $4 5q X,, $4:50
Solid Was ra ,
Solid Waste Collection+Cost per Month $11.62 $10.82
[Go min led°Cart:Rec clin $1 86 xi � $1.86ts$
Administration $4.07 $4.07
Total Cost $2205"'"TOW
Operating Margin (10%) on Cost $2.45 $2.36
Gty %*Franchise Fee
2 With the exception of two 2009 Freightliners,the collection fleet is nine years or older.
s Recology has 10 drivers who are assigned to residential collection routes. The average age is 51 years.
Only two of the drivers are under the age of 50 and one is 64 years old. The current manual collection
system substantially increases the likelihood of a work related injury.
®ssociates Page 15
City of Ashland
Solid Waste Rate Review Draft Report
Total Collection Rate $17.86 $25.73 $24.79
Commercial Waste and Recycling Collection
Recology utilizes a rear-load container system for the storage and collection of waste from
business customers. Containers are available in only three sizes: 1 yard, 1.5 yards, and 2 yards.
Rear load recycling containers are 2 yards in volume. (Many commercial customers that don't
generate large volumes of materials or that don't have the space for a container utilize a roll cart
for recycling.)While many businesses within the City have limitations on the amount of space
available for the waste and recycling containers, there are customers that could utilize a larger
container and reduce the frequency of collection and consequently, costs for both the customer
and Recology. f ,
Unlike the residential rates, the commercial rates 11 Table 5' mmercial Collection Costs p I%ZZK
are regressive (volume discount) and puts the }`
heaviest cost on the one yard container collect d Component—
once a week. The monthly rate for a 1 yard Collection $4.57
container collected once a week is $84.44. Disposal $3.96
Dividing that rate by 4.33" pick-ups pert month "A�dmin" $4.34
equals$19.50 per collected yard The�rate for a 2 Margin $1.43
yard container collected seven times a week.is
Francf ise,Fees $0.72
Via, V
$690.76, which is $11.39 per collected yard The „•.. •�a<r
cost of service per collectetl,yard of solid waste is Total Cost per Yard $15.02
detailed in Table 5 to the rigght
Drop Box Service
Drop box.serw sec i provided to:fhree pnmary�customer categories: Ashland waste generators,
, eta
the recycling depot, and the transfer station Cal1cu[at ing the cost of drop box service is the sum
of the following activities Drop Box1Pull, Administrative Cost, Operating Margin, Franchise Fees,
and Disposalp p�
The cost of opefating a roll o t�k used to provide drop box service is $81.45 per hour. The
\ ;ESA y=,`1
average time to pick up a drop box, transport to the transfer station and dispose of the waste,
and return the box to,the,custo_er or to the container yard is one hour. The pull fee is simply
'.j
i
the cost per hour multipli ed by-one hour. Roll off compactors require 30 minutes of additional
time to disengage and engage the container mechanism to the compactor, so the pull fee for a
compactor is the cost per hour multiplied by 1.5 hours.
The administrative cost per drop box pull is $35.14 and is simply added to the service fee to
calculate the cost of drop box service.Margin is calculated on the sum of the pull fee plus the
administrative cost. The franchise fee is 5% of the cost and margin.
4 This factor is 52 weeks a year divided by 12 months a year(52/12=4.33)
associates Page 16
City of Ashland ,d,d
Solid Waste Rate Review Draft Report `L t, ,
Disposal has been calculated as a pass-through expenses that is assessed on the volume of the
materials in the drop box. Non compacted waste loads are charged $10 per ton at the transfer
station and compacted loads are $23 per ton.The following table details the cost of service for
drop box and compactor service.
Table 6-Drop Box Cost of Service
Level of Service Pull Cost Margin Franchise Disposal
Fees Service
15 Yd. Compactor $157.32 $17.48 $8.74 $345.00 $528.54
20 Yd. Compactor $157.32 $17.48 $8:74 $460.00 $643.54
25 Yd. Compactor $157.32 $17.48 $8.74 $575.00 $758.54
40 Yd. Compactor $157.32 $17.48 $8.74 $920.00 $1,103.54
7 Yd. Open Box $116.59 $12.95 $6.48 $70.00 $206.02
10 Yd. Open Box. $116.59 $12:95 $6.48 $100.00 $236.02
25 Yd. Open Box $116.59 $12.95 $6.48 $250.00 $386.02
40 Yd. Open Box $116.59 $12.95 $6.48 $400.00 $536.02
Recycling Depot
The depot was established in 1996 to \ \Table47-'Rec clin Depot Cost
provide Ashland residents the opportunity to
m y g p
recycle under the pro ision of ORS459A. It Description
is arranged to accept small quantities of Labor/ Drop Box $ 130,969
recyclable materials from drop off
Admin $10,129'
customers.-In 2007,the City implemented'a
°- \ Operating Margin $ 15,678
commgled;�ecycling.cart,\llectign system\
that serves all residential and many\ Total Cost $ 156,776
commercial customers. Because the.depot Less Recycling Revenue $ (21,145)
and the commingled recycling cart progtamJ Revenue Requirement $ 135631
both provide residents and businesses with Cost per Customer per Month6 $1.77
the opportunity to recycle, the City�needs to
decide if wants to ontinue to fund the operation of the depot or phase it out. The annual cost for
the operation is an additional $1,�77 per residential and business customer per month.
Table 8-Collected Recyclable Material by Program
Program
Yards
Ashland Residential Curbside 92,006 71%
6 Pass-through expense is added to the customer invoice without an additional mark-up or margin.
6Assumes 6,400 total customers-6,000 residential customers and 400 business customers.
(136ssociates Page 17
City of Ashland 1 -1 fi
Solid Waste Rate Review Draft Report 'tt t�
Ashland Commercial Collection 29,581 23% The tableto the left compares the
Center 7,800 6% total yards collected from the
Total ALL Ashland Yards residential, commercial, and depot
Ashland „ar 129,387 100% recycling programs.
The cost savings from phasing out the depot can be compared in Figures 2 and 3 in the
appendix.
Administration
Administration costs include all expenses ba 16e 9-Administration Costs
other than the collection operations. The
projected costs to the City for the current year Manag"ement $133,273
are 23% of revenue and 23% of direct costs. Admin /Customer Svc. / Benefits $159,924
These costs are high when compared to both Corporate Overhead, $210,505
locally owned companies within the State of Rent/ Billing / Utilities/Other $188,565
Oregon as well as the national waste Total Admimstratron°Costs $692,267
management companies.
Four locally owned and operated collection companies located in the Willamette'Valley with
comparable collection operations and revenues were compared to Ashland Sanitary. The
e
national companies all have operations'ythroughout„Oregon. The,average administration cost for
the locally owned companies,iin2011 was 16% of revenue and17 5% of total costs whereas the
national companies for the`same time period reported 15%of revenue and 21% of total costs.
Recology is the 7 Ih largest waste management.company in the°US with operations in four
Western states. Over the last five years Recol gy has been aggressively acquiring smaller
waste management companies;such as Ashland Sanitary. One of the primary objectives with
the acquisition of any;collection'company is to reduce.cost by moving many of the administrative
functions such as billin g customer service, ca counting, regulatory reporting, and management
V"'A
to the corpbrate level. As Recology streamlines its Ashland operations, the City should reassess
the administrative costs to ensure the costs are comparable to other similar companies and
Operations.
Conclusion and Recommendations
The residential collection system utilized by Ashland Sanitary is a hybrid of roll carts interwoven
with an antiquated manual can and bag operation that yields a very low level of productivity.
Commercial customers are limited to a maximum 2 yard container for waste and recycling that
requires frequent collection. Add in a comingled recycling roll cart collection program and
duplicative recycling depot and it is easy to understand why rates will continue to increase for
the foreseeable future. The current waste management system has evolved over the last twenty
years with no specific objective; the result is a piecemeal of collection methods that will require
perpetual rate increases to maintain the current levels of service.
Presentation to Ashland City Council by Michael J. Sangiacomo on October 6, 2009.
(fmssociates Page 18
City of Ashland
Solid Waste Rate Review Draft Report
The City of Ashland not only has the question of rate increases to consider, but what type of
waste management system will provide expected levels of service with stable and predictable
collection rates. The City needs to determine what mixture of services it is willing to pay for over
the next 5 to 10 years as the status quo is too expensive and has not adapted to the changing
technologies and equipment for improved efficiencies. Ashland has a responsive partner in
Recology and needs to capitalize on their experience and willingness to update the city's waste
management system.
One of the overall policy questions that require attention is how to fund services. The current
rate structure generates high margins for commercial customers,to offset the losses incurred by
Z ;.1�,
residential collection. In the interim, an additional increase approximately 7 to 8% will be
needed to maintain the current level of service.
The following are a few of the topics that require discussioncJ direction from City Council:
1. Waste collection systems (automated c Ilection with roll rts, for example)
2. Level of services to be provided (cam/containers/ recycl ng her services)
3. Value of the Recycling Depot with increasing recycling collect orr services
4. Compliance with ORS 459A(Recycling Statute,,
5. Cost of service rates or continued subsidy of residential rates by commercial rates
6. Operating margin
7. Allowable costs
Next steps for the City of Ash al nd
• Short term—
\
• Increase•collection rates
AMI
oC ommence the.planning process fog improved waste and recycling services
• Lon9. term
o' Develop a solid waste management system for the City
o Approve and implement responsive system
F
��mssociates Page 19
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Recology,
Ashland Sanitary Service
WASTE ZERO
Dave Kanner
City Administrator
20 E. Main Street
Ashland,OR 97520 October 3,2012
Dear Dave,
Thank you for taking the time to meet with us yesterday to discuss the Rate Review Draft Report. We are in agreement
with the major points in this report,specifically the rate increase we requested is warranted and that it would be
beneficial in the long run to make changes to modernize our operation,allow for efficient route collections,and
promote rate stability. We also agree that while the Recycling Center provides a value to the many users of the facility,
it is costly to the collection service subscribers who subsidize its operation. Therefore, it is a policy decision whether we
should continue to operate the Recycling Center as part of the services we provide.
Carting the City and possibly automating the routes is one way to modernize the collection operation. This would
require significant capital investment on our part,approximately$250,000 for the carts and an additional$300,000 for
one truck. There would also be some challenges to overcome to allow our trucks access to the carts. Customers would
be required to place their carts at the curb. For those customers who do not bring their carts to the curb there would
need to be an additional fee based on the distance from the curb. Because yellow bags and customer provided stickered
cans cannot be serviced with the automated arms,these programs would need to be eliminated. These programs could
be replaced with a 20 gallon cart service for those who produce less trash.
We agree that there should be some changes made to the contract as these upgrades would require significant
investment and the cost savings mentioned in the report would be dependent on how the barriers to automation are
met. The current contract period ends in 2018 which does not allow sufficient time to amortize the carts and equipment
over a reasonable life. We would recommend extending the term of the contract to 10 years or more to allow for longer
amortization of capital required. In addition,we should negotiate a defined rate methodology. We would recommend a
methodology that would allow a CPI escalator as long as we are operating within a range of operating ratios. If the
operating ratio falls outside the range a detailed application would be required.
Please send us the recommendations you will be presenting at the study session in advance so that we can be ready to
answer any questions. We look forward to meeting with you again to discuss these issues.
Sincerely,
en.. 'bion
eneral Manager
CC: Ed Farewell
Tom Norris
170 Oak Street I Ashland,OR 97520-18041 T: 541.482.1471 1 recologyashiandsanitaryservice.com
CITY OF
ASHLAND
Council Communication
October 15, 2012 Study Session
Review of proposed revisions to AMC Chapter 3.08, General Personnel Policies
and Employee Responsibilities
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us
SUMMARY
Staff proposes a significant overhaul of the City's codified personnel rules and procedures. Changes,
including a complete re-write of the City's Code of Ethics to make it consistent with state law, will be
reviewed with the Council at this study session.
BACKGROUND AND POLICY IMPLICATIONS:
The City's practice has been to establish pay, benefits and conditions of employment for non-
represented employees by annually adopting a management resolution. At the Council's July 17,
2012, business meeting, I suggested—and the Council agreed -- that many of the conditions of
employment contained in the resolution should be codified in the City's General Personnel Policies.
As I and other staff began,the process of blending relevant portions of the management resolution with
the existing code, we saw many other items we felt needed to be changed, as well as a number of items
that are not addressed at all in the existing code. A sentence has been added to clarify that in the event
of a conflict between the code and a collective bargaining agreement, the terms of the bargaining
agreement prevail. A copy of this draft code revision was provided to all of our bargaining units for
review and comment and no comments have been received from any of them.
The changes are summarized as follows:
• Definitions on page 2 of 35 are taken from the management resolution, some with minor
modifications. Definitions of lead worker and public official were added.
• The Code of Ethics, beginning on page 3, was completely overhauled. Language was added to
make any violation of ORS 244 (State Ethics Law) a violation of the City Code. Conflict of
interest language is expanded and clarified. The Gifts provision (page 6) is re-written to mirror
state law. The Political Activity provision (page 7) is rewritten to mirror state and federal law.
Subsection G, Employee Responsibility, is an expanded version of current language with an
important clarification that an advisory opinion of the mayor or city administrator shall not be
considered an affirmative defense in proceedings before the Oregon Government Standards and
Practices Commission. Language is also added stipulating that a public official's costs of
defense may be reimbursed by the City (at the City's sole discretion) if a public official who
must appear before the Ethics Commission is exonerated.
• Section 3.08.030 (page 8) is stricken in its entirety and most of its provisions now appear
elsewhere in the Code.
Page I oft
�r,
CITY OF
ASHLAND
• In Section 3.08.040 (page 10), General Personnel Rules and Policies; we have added a section
on nepotism to mirror state law. The Personal Appearance subsection is relocated from the
former Sec. 3.08.030. Residence requirements are taken from the management resolution.
• Section 3.08.110 (page 19), Grievance Procedure, is entirely new language. This is not
addressed in the management resolution and current code simply says employees are entitled to
grieve without setting forth a procedure.
• Section 3.08.120 (page 21) is for the most part language currently contained in the management
resolution.
• Section 3.08.130, Promotions, Demotions and Reassignments (page 23), is new language that is
not addressed in the management resolution or the existing code.
• Section 3.08.140 (page 24) is for the most part language currently contained in the management
resolution. Language in subsection K (Unscheduled Leave) is new and is intended to clarify
management rights with regard to controlling sick leave abuse.
• Section 3.08.150 (page 27), Termination of Employment, is new language that is not addressed
in the management resolution or the existing code.
It must be emphasized that this is still a work in progress. We continue to solicit input from the
leadership team and non-represented employees. That input, along with input received from the
Council at the study session, will be incorporated into a final version that comes to the Council for
approval.
FISCAL IMPLICATIONS:
N/A. This is for informational purposes only.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff requests input from the Council on modifications it would like to see in these personnel rules and
policies.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Draft changes to AMC Chapter 3.08
Page 2 of 2
Annotations: deletions and additions are italicized.
CHAPTER 3.08
GENERAL PERSONNEL POLICIES&AND EMPLOYEE RESPONSIBILITIES
SECTION 3.08.010 General Personnel Policies—Purpose.
A. Statement of Purpose. The purpose of these general policies is to maintain a high level of
support for efficient and effective City service through systematic and uniform application of
professional personnel practices. The fundamental objectives of these policies are to:
1. Maintain high ethical standards in local government.
2. Promote economy, efficiency,and effectiveness in the City service.
3. Maintain a uniform job classification plan based upon the relative duties and
responsibilities of positions in the City service.
4. Provide fair and equal opportunity to all persons who enter City service, regardless of
race,color,creed,national origin,sex, sexual orientation, age, religious, or political belief
through proper personnel administration.
(Ord 2746, 1994)
5. Promote high morale among City employees by providing good working conditions and
opportunity for advancement„and eensideration ef employee welfare.
6. Develop a program of recruitment, advancement and tenure that will make City service
attractive as a career and encourage employees to give their best service to the City.
-7-. CaFFy out the personnel poliey of the Gill —
B. Scope and Coverage. These personnel policies shall apply to all employees of the City of
Ashland. Section 3.080.020 contains policies applicable to elected officials and appointive
officers. These policies are in addition to and in no way replace, modify or infringe upon
existing union contracts or other agreements between the City and its employees. Any
existing employee union contract or agreement with a non-union employee group is hereby
incorporated by reference as further statement of the City's personnel policy with regard to
wages, hours and conditions of employment. In the event of a conflict between these
policies and a collective bargaining agreement, the terms of the collective bargaining
agreement shall prevail.
(Ord 2826 S5, 1998; Ord 2943,amended, 10/16/2007)
C. Definitions of Terms.
I. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one
who assists and acts in a confidential capacity to a person who formulates, determines,
and effectuates management policies in the area of collective bargaining. Confidential
employees are paid hourly for work performed and they are subiect to payment for
overtime according to the Fair Labor Standards Act.
2. Department Head. A person directly responsible to the city administrator, mayor or
city council for the administration of a department. Department Heads are exempt
from overtime payment.
3. Division Supervisor. A person directly responsible to a department head or the City
Administrator for the operational functions of a city department or division. Division
supervisors are exempt from overtime payment.
4. Mid-Level Supervisor. A person reporting to a division supervisor or department head
who may receive overtime payment for work outside their normal scope and duties.
Mid-level supervisory positions require autonomy, independent decision making,
planning,and may provide supervision to other personnel.
Page 1 of 30
5. Employee. A non-elected person who is hired and paid a wage or salary to work far
the City who has completed the probationary period
6. Management or Manager. Employees classified as Department Heads, Division
Managers and Mid-Level Managers.
Z Probationary Employee. A person appointed to a regular position but who has not
completed a probationary period during which the employee is required to demonstrate
frtness for the position by actual performance of the duties of the position.
8. Supervisor. Any person responsible to a higher divisional or departmental level
authority who directs the work of others and who is not in a collective bargaining unit.
9. Lead Worker. Any person assigned with oversight or leadership over a project or
workaroup for a specific duration. A lead worker may control resources and direct
work activities to achieve a desired outcome through peer direction, but he or she does
not have full supervisory authority.
10. Public Official. Any person holding public office as a paid employee, appointed or
elected official. For the purpose of this chapter, the terms Public Oflrcial and
employee are interchangeable.
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government requires that public
officials, including elected officials, appointed officials and employees be independent,
impartial and responsible to the people; that governmental decisions and policy be made in
the proper channels of the governmental structure; that public office not be used for personal
gain; and that the'public have confidence in the integrity of its government. In recognition of
these goals, there is hereby established a Code of Ethics for all public officials, whether paid
or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all public officials by
setting forth those acts or actions that are incompatible with the best interests of the City of
Ashland. It is also the purpose of this Code to assist public officials in determining the proper
course of action when faced with uncertainty regarding the propriety of a contemplated
action,thereby preventing them from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical
standards in the City service, and to increase public confidence in the integrity of City public
officials.
The provisions of ORS 244("Government Ethics Law") as it currently exists or may from
time to time be amended are incorporated by reference herein. A violation of any provision
of ORS 244 shall be considered a violation of this Code of Ethics.
B. Responsibilities of Public Office. Public officials are agents of public purpose and are
engaged for the benefit of the public.They are bound to uphold the Constitution of the United
States and the Constitution of this State and to carry out impartially the laws of the nation,
state and the City, and thus to foster respect for all government. They are bound to observe in
their official acts the highest standards of morality and to discharge faithfully the duties of
their office regardless of personal considerations, recognizing that the public interest must be
their primary concern.
C. Dedicated Service. All public officials of the City should work to support the political
objectives expressed by the electorate and the programs developed to attain those objectives.
Page 2 of 30
Appointive Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate authority.
Public officials should not exceed their authority or breach the law or ask others to do so, and
they should work in full cooperation with other public officials unless prohibited from so
doing by law or by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Council or Mayor, directly or
indirectly, in order to obtain preferential consideration in connection with any
appointment to the City service shall disqualify the candidate for appointment except
with reference to unpaid positions filled by appointment by the Mayor or Council.
2. Use of Public Property.No public official shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience or profit,except
when such services are available to the public generally or are provided as municipal
policy for the use of such employee in the conduct of official business or as a specifically
defined benefit in compensation of employment.
3. Obligations to Citizens.No public official shall grant any special consideration,treatment
or advantage to any citizen beyond that which is available to every other citizen except as
otherwise permitted by law or ordinance.
E. Conflict of Interest.
Ne publie effleial, WhelheF Paid Of Wit)aid, shall efigage in any business ef tfansaefian er shall
pFopeF diseharge of that blie offe'ape o4Y:e:al diitieq in the publ:e i flteFest aF would teHd to
impaiF «de«e«dense of judgment o aetio« :« the«e.f....vase of that publie efAe'aPe ofAe:al
ed OF ..ed as aids the e a:tiee of a Beaf
ti d Ge...miss:e« e.Get..minee (e.g
Bla..«:«a Gemmissie«e«s engaged in real estate « a.a to ORS 227.030 OF Building Code
with the «.apef d:aehaFge of that e«.«Ieyeera effleial daties of ..e..ld tend to impai
7. okelama.e Of !�a«Ade«Aal 1«feffflatia Ale publ:e of ie:al shall .:tha..t « .. legal
z .the..izmie« d:aelese ee«Ade«tial :«faFm_at:a easeeming the .. a«t OF
affairs of the Cit.. NOF shall any publ:e effle:al stieh inn Finatie« to ad.,at.ae the;.ase
4:..a«e:al .. pFivate iniefest, of the fiHa«e:al of pfivate:«tesest of ethefs
z !_:Aa end Fe. S Ale«. bl:e affe:al shall aeeept any valuable gift whethen i.wthe C �f
Iva« thing a A.am any peFsen, fiFm a ...h:
� eh to the:.
kne« Iedge ted di«.etl• «d:�eefl ..hatsee.,e. :« bue:,.eSs oF
dealings With the Gilly. «a«shall a .eh empleyee (1) aeee«t a..y gift, fa.,ef or ihing of
.alue that ni «d to influenee the employee n the d:seharge of the:. d .ties . Pp
e seFviee of thing ef Value.
A Be««ese«ti PFivate 1«te.eats Befe.e Git. Agene:es t Ga Fto_ NO empleye ..have
al...a paid ..hele OF «aFt by the City shall appeaf in behalf of« ,ate i flte.eSt�
Page 3 of 30
S. Cen;Faet,. with the Git., Any public 446..1 ...6..4«g A .ubstantial or Gont„JI:«,.A««««:«I
A publie effq6al shall net be deemed inteFested in an),eefltfflet OF ptiFehase eF sale ef land
..ed :..t« « «thefi.....1 by the«..1.1:e e ffi..:..1 in eff.«:«1 e > v
G 11:....1..,.....e of inteF..d in Legislation.:..1«lion A«.. ««.«I«.,«« « appointed official ...he 6«.. ..
1. Disclosure. No public official, whether paid or unpaid, shall take any action in the
course of his/her duties, the effect of which would be to the private financial Bain or
loss of(a) the official. (b)mty relative of the official or(e) those with whom the official
has a close business relationship. without first disclosine such potential-ain or loss to
n
the proper authority. Nor shall any public official, whether paid or unpaid, enjeage in
any business or participate in any proposed or current City transaction, contract,
purchase or sale which is potentially incompatible with the proper discharge of that
public official's official duties or which would tend to impair independence of
iudement or action in the performanee of that public officials' official duties without
first disclosine such potential incompatibility or impairment of independent iudement
or action to the proper authority. For elected officials, such disclosure shall be made
in an open meetine to the elected body on which the official serves. For appointed
officials, such disclosure shall be made in an open meetime to the appointed body on
which the official serves. For employees, such disc losure shall be made in writing to
the employee's immediate supervisor and department head Any employee or appointed
official who has a financial or other private interest in a particular matter shall
disclose the nature and extent of such interest on the records of the Council before
participatim? in Council discussion on or nivinn an official opinion to the Council on
the matter.
2. Transactions with the City. A public official actin in an official capacity shall not
recommend, approve, award, enter into or authorize a City transaction, contract.
Page 4 of 30
purchase or sale to which one ofthe parties is(a)the public official actin in his or her
own behalf: (b) a relative of the olrcial or(c) a business entity in which the official or
a relative of the official has a substantial or controlling interest.
3. Gifts. No public official shall solicit or accept gifts, favors, services, compensation,
retainers or promises of future employment that could possibly relate to or is intended
to influence the performance of their official duties or in anticipation of official action
to be taken by the public official or by the City. The provisions of this Municipal Code
and Oregon Ethics Law notivitlistanding, no City public official shall keep any sift
from any source with a value in excess of$50 or accept smaller gifts from a single
source with an aggregate value exceedine $50, in the course of a calendar year. Gifts
received by City employees with a value of less than $50 shall, to the extent practical,
be shared with other city employees. Gifts with a value in excess of$50 shall be
refused, returned to the sender or donated to a charitable organization. City
employees may accept gifts with de minimis value,such as caps, coffee mugs,pens and
paperweishts,and are not expected to share such gifts.
4. Remuneration Contingent on City Action. No public official shall accept a retainer or
compensation that is continent upon a specific action by the City.
5. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property, government
or affairs of the City that is confidential or not readily available to the public. No
shall any public official use information that is confidential or not readily available to
the public to benefit private interests, including the official's private interests, at the
expense of or in conflict with the public interest. Information that is public may not be
readily available to the Public if a special request is required to obtain the information
or if special knowledee, such as that acquired as a Public official, is needed to take
advantage of the information.
6. Representing Private Interests Before Courts or City Departments or Elected or
Appointed Bodies. No appointed official shall appear on hehalf of a client for a fee or
pro bono before the hoard or commission to which that official is appointed No
employee whose salary is paid in whole or in part by the City shall appear on behalf of
private interests before any department or elected or appointed body of the City. An
employee shall not represent private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a Party, unless the employee is
representine himselflherselfas a Private citizen on purely personal business.
7. Incompatible Employment No employee shall engage in or accept employment from or
render services for another person or entity when such employment or service is
incompatible with the proper discharge of that employee's official duties for the City or
would tend to impair independence of iudement or action in the Performance of that
employee's official duties.
F. Political Activity. Ne employee the ad ffli.'°" sei-viee shall a the pFesiige of.`cis
subseFipt:..« ,. ..ibHl:.... t ..elili6 l .....w.,. HOP Shall a ^.have be a
Page 5 of 30
paf43, ;e .eh _alieka.tion by a.tha...... n shall an ....la.yee take an a0tive paFt ifl political
..s f.ea nd:da.ta.s Mile in the peFfe.....a nee of duties e ffleial ea,..aei!..
Employee involvement in certain political activities is protected under the First
Amendment. However, under Oregon and federal law, there are some restrictions on the
political activities of Oreeon public employees. City employees are expected to be familiar
with and to comply with these laws as they currently exist or as amended
Oregon law(ORS 260.432(2)) requires that: "No public employee shall solicit any money,
influence, service or other thing of value or to promote or oppose any political committee
or to promote or oppose the nomination or election of a candidate, the gathering of
signatures on an initiative, referendum or recall petition, the adoption of a measure or the
recall of a public office bolder while on the job during working hours. However, this
section does not restrict the right of public employee to express personal political views."
The Hatch Act (federal law) further requires that employees whose principal iob
responsibilities are fhnanced in whole or in part from loans or grants made by the federal
government may not use their official influence to interfere with or affect the result of an
election or a nomination for office.An employee covered by the Act may not, either directly
or indirectly, coerce or advise another employee to contribute anything of value in any
form whatsoever to any organization or agency for political purposes.
The expression of personal political views while on the job durine working hours is
permitted only to the extent that such expression does not interfere with the performance of
the employee's duties or performance of the duties of other employees. While on the job,
during working hours,any comment or suggestion to fellow employees or the public to vote
a certain way is prohibiter!, even if it does not interfere with the performance of duties of
the employee or other employees. Politically related activities such as fundraising,
soliciting volunteer help on political campaigns or disseminating partisan election material
is prohibited while on the iob during working hours.
No public official shall promise an appointment to any municipal position as a reward for any
political activity.
G. Applicability of City Code--R l ofEthics and State Ethics Law:Responsibility for
Defense.
the ..ha. d apply to lea,Gif ,n dmidiistf ., a is a.t..rged with the
implementa6en of this eede fef an a&isefy apinien, and be guided by that opinion when
�f �
determined to ha.rAeF,.........epFiate of-esifable
This City ethics code shall be operative in all instances covered by its provisions except
when superseded by an applicable statute,ordinance or resolution which is mandatory or
when the application of statute,ordinance or resolution provision is discretionary but
determined to be more appropriate or desirable. Full compliance with the City code of
Page 6 of 30
ethics and with Oregon's Government Ethics Law is the personal responsibility ofeach
public official. The opinion of the City Administrator,the City Attorney,or the Mayor
shall not be considered an affirmative defense if a public official is charged by the Oregon
Government Ethics Commission with a violation ofstate Ethics Law. Any public officio!
accused of violating the state Ethics Law shall be solely responsible for the costs of his or
her defense before the Oregon Government Ethics Commission. If the charges are
dismissed or determined to be unfounded,the City Council,at its sole discretion,may elect
to reimburse a public official for some or all of the costs incurred by the official.
1. Employees. When an employee has doubt as to the applicability of a provision of
this ethics code or the Government Ethics Law to a particular situation, the
employee should apply to the City Administrator, who is charged with the
implementation of the City's ethics code for an advisory opinion, and be guided by
that opinion when given. The employee shall have the opportunity to present his or
her interpretation of the facts at issue and of the applicable Provision(s) of the
ethics code or Government Ethics Law before such advisory decision is made. All
such requests for advice shall he treated as confidential.
H7 2. Appointed and Elected Officials. When an appointed official
or an elected official has doubt as to the applicability of a provision of thiste a
paf4ietilar situatien, they ..h,. 1.1 apply to the Ma e. fe. a determination and City
r it ..:11 he infermed of the inquiFy. The offieial seeking a de1eF...inati•. ..hell
h.. the eppeFttiflky to pFesent any faets the • deeni ele ..t to the dete....:.,etiefl.
They shall alse he. e the o e.tuni4 • to p .d a aFgtiment they m he,•e as to
what they deem afl a deteFffliflatien. The Mayof m est the C45,
ntt,....e.. :de an .&ise.., opinion based upeR the feet pFesented. The
Aete.....inat on of the MayeF as to the appl:eaNI45 of e provision of this eerie to e
detew...:nntie.. Q... ..... :e.. by the f..11 Ge ...e:l at the meeting following_the
detefmin atiem ethics code or state Ethics Law to a particular situation, he or she
may seek an advisory opinion from the City Attorney. An appointed or elected
official's request for the City Attorney's advisory opinion on an ethics question
about that ofcial's actions or potential actions and the opinion itself shall be
subiect to the attorney-client privilege and not be disclosed to the Mayor. Council
members, or anyone other than the requesting official without the official's explicit
approval . An elected or anointed official may also apply to the Mayor for a
determination on a code of ethics issue, and City Council will be informed of the
inquiry. Officials seeking the Mayor's determination shall have the opportunity to .
present any facts they deem relevant to the determination. They shall also have the
opportunity to present any arguments they may have as to what they deem an
appropriate determination. The Mayor may request the City Attorney to provide an
advisory opinion based upon the facts Presented, which opinion shall be subiect to
the atmrney-client privilege and disclosed only to the Mayor and City Council. The
determination of the Mayor as to the applicability of a provision of this ethics code
to a particular situation shall be final, unless a majority of the Council calls up the
determination for review by the full Council at the meeting following the
determination.
IH. Code ofEthics Definitions:
Page 7 of 30
1) Employee - €Far the purposes of this section, "employee" shall mean one who is hired
and paid a wage or salary to work for the City other than elected or appointed officials.
2) Appointed Official - €For the purposes of this section, "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall
also mean the City Administrator and City Attorney.
3) Elected Official -€For the purposes of this section, "elected official" shall mean one who
is elected by the registered voters of the City of Ashland to serve the city and shall
include: the Mayor, the city councilors, the city recorder, the municipal judge and the
parks commissioners.
Public Official - For Purposes of this section. "Public official' shall mean any
employee, appointed official or elected official.
5) Private Interests- The interests, including but not limited to financial interests,of
discrete individuals or entities,as distinct from the interests of the City as a whole or
the interests of its citizens in general.
Relative- (a) The spouse and any children.siblings.Parents, or spouses ofsihlings ar
parents of public official, (b) any children, siblings,parents, or spouses of siblings or
Parents of a public official's spouse: (e) any individual for whom a Public official has
a legal support obligation: or (d) any individual for whom a public official Provides
benefits arising from the Public official's Public employment or from whom the Public
official receives benefits arising from that individual's employment.
37. Municipal Court Judge. Notwithstanding any other provision of this ordinance,the conduct of
the Municipal Court Judge, an elected official, shall be governed by the Rules of Judicial
Conduct of the Oregon State Bar(2006 version) specifically incorporated herein and made a
part hereof by this reference.
KJ.Sanctions. Violation of any provision of this section, determined after notice and an
opportunity to be heard, shall constitute cause for disciplinary action up to and including
termination for an employee, or removal from ofce of an appointive of€ieer- appointed
o ecia/. Discipline or removal actions shall be in addition to, and not in lieu of, any other
City initiated sanction or penalty authorized by Title I of the Ashland Municipal Code.
SECTION 3.0o non A...._.._......,. n,...,Pet Diseiplin.. ..-....ina4:,.. aHd A..Peal
[Provisions of Section 3.080.030A have been moved to 3.�n08.040]
A Personal Appeafanee d Gend All smile. ees are expected to maintain high
tanda-Ae eB appe..ranee and ,. ..A, et De..saiiel a earanee and a ..duet appFopfiFAe
Eity'sserviee. Eael empleyee should strive to maintain a eat elsen and well
't tyl.e.. t ..eting their o .. business a f 7... pla gees of the Gity aFe expeeted
to maintain g ed ..elations with the business a nit.,
'] Neatness of we.l perf....e.! is :... peftant Drope.. attitude, eem4esy and eendtfet
on and- R9 the :eb a of if pei4anee to the individual as well as t.. the Git., All
Page 8 of 30
City employees a efigaged in puhl:e relation.s work. All representatives of the or whether they
,. by telephone a shall he ee..rteeus eFF.eient and helnA.l to all
01 r in
heir we«1 and- shall do the hest :eh n s:hle on every assignment.
A Ca..ora hle impressiens ,.atad by the nlo.,eds o...rteens n..hl:- .°la-L.ns
eve�s geed will support-for the Eity serviee. in publie Feja&ms, eat),
FF.e•al.. e:ty adn..:n.:atraters F Ile.., emple.,ees and the eltizenr-y expeet Gity
nle. a e de tha'r .. erl, a erl.g and eft7elenti., and ton an abligatien
d t t6 •4. 1 o alt. s due the !`n., s
e€-legal[�,a-::.=eresH;,-�,e�;�sivel€a °. °
. helo 1 a of rel.'the p la« depai4men t in .which the o playee g.epLin A
City -.la. a sheuld take pride in sem,ieing the leeal a ent and should
tr:.,a t ad. a e the Git. 'a i flterests WhffffeF pessible, to defend it against . .sr
n,
to eteet its property, and to he eF gmuine serviee to thepeople g.f the
City of As1
[Provisions of Section 3.080.030B-E have been moved to 3.08.1001
effeetiye eff rn...an.ee of Gity f.net:ens, shall be sidered good Pa..c@£n
diseiplifiaFy a !`
pt:a a al F .h:eh an eniplayee FAay he dii2-rpt-i°.eadi FRRSOHS
..al .d°h..t a«e net jifn ted 4a.
1 Drinking intexieatiRg beverages or use of illegal dr..gs while on the :eh
thejob under the influenee of intomeeating beverage or illegal -1.
'1 Violation, efa Ian. F.I duty, ..herd:..ak:e.. hreaeh of dlselnl'n netenee.
I e e
«Depat4m-en t Read ..,hen Ahsentz
f
n Being habit..all.,absent er tard.,.
e Failure to perform assigned .. arl in an eFRe:en.t ..,
FAan.n.er, g.beinastefHl eF
material, prepeFty, er e«L: g.ti,..e.
6 Abusive.e language a nduet.
hinde«ed er heiew required standards.
o Ge» mkfing a Flo helmg eenvieted of a lsdeme anar
ar.vr unvag.• u6 uv.m
tufpitude;
n Use a frel:a:eus peCtieal er f atern.al :nAtienee in the n..rs it of Cit.,h..nmess,
10 R :11F.1 or Flagrant yielatlen eF safety r..les; �
,
11. Violation a fthe Git, b Code of Cth:es
E carm eFD:se:..l:n.a«. net:en. Diseipl:n.a«. a n.
- elude the Fne..g:
n. ..a.
1 Oral rer:n..an.d -
z-. Defnetien
n c.
Vie'
r. Diha
e serg.e
rgc
Page 9 of 30
A diseiplinaFy aet:,.« imposed upen an enipleyee shall be pretested on!), as_a
grievanee t"-o' gh the regalargrievanee preeedure in the ..,,..limit-°t:..« of
diseipline, the City shall fellew du d. by law.
D. GFieyairee-Pivee,J , Any gfievanee .. dispute ..L ieh may arise coneeming the
E. c 'I n hibi D...w', ipatien in a strike shall be unlawful C r ° ublie empleyee
(Ashland MA .«0 eipal Cede Seeti.« 3.04.090). I« the event of _..:eket line, °fflple ees
1. F i :eket line hall be deemed to be engaged ed Fahibited
vmo-rc�aoc-rv-cro�.r�+ c-piorzcr-rm�Srtarrc�acc..�ca .o cc ..:b»b•••• ••• •"• Y••,••••,•••••-
t..:l,e and ..1...11 be sul/feet t.. diseipliH a 'a c
F. D.. «t:,.« in the event of resignation, written re «t:,.« ..1.,...1,1 be ..I...ni fled to
ffefi�Fably not less than ten (10) weFking days. Sueh aetien will be a efedit te th-e
[Provisions of Section 3.080.030F have been moved to 3.08.150]
SECTION 3.08.040 General Personnel Policies and Procedures.
A. Prerequisites for Employ. Prerequisites for employment by the City of Ashland as a
full-time employee are:
1. Applicants must be of legal employment age as determined by bona fide job
requirements.
2. Applicants must submit either a completed City application form or a reesumee of
education and experience in order to be considered for employment.
3. Applicants for "safety-sensitive" positions may be required to take a physical
examination scheduled by the City and at City expense prior to being hired. (Ord. 2013,
1979)
4. Employment shall not be denied on the basis of familial relationship except for members
of the immediate family of either the Mayor, a member of the City Council, or the
appointing power; or as otherwise provided for in ORS 659.131. (Ord. 2060, 1980). No
individual shall be advantaged in securing and/or maintaining full-time or part-
time employment or promotional opportunity as a result of nepotism, defined as
an employment advantage from a familial or an intimate personal relationship
with another full or Part-time employee of the City. Relatives and employees in
close personal relationships may work for the city as long as the employment
relationship can be insulated from actual or potential conflicts of interest in the
workplace, and so long as neither relative has direct supervisory authority over
the other.
5. All statements submitted on the employment application or attached r4esum6e shall be
subject to investigation and verification.
6. All information obtained during the application process shall be considered confidential
to the extent legally practicable.
7. No question in any application form, test or interview or by appointing authority shall be
framed as to attempt to elicit information concerning race, color, ancestry, sex, sexual
orientation, age,national origin, political or religious affiliation.(Ord 2746, 1994)
Page 10 of 30
B. Probationary Period for New Employees. The probationary period is an integral part of the
employee selection process and provides the City with the opportunity to upgrade and
improve the departments by observing a new employee's work, training, aiding new
employees' adjustment to their positions, and by providing an opportunity to reject any
employee whose work performance fails to meet required work standards. 1s*ff All new
employees shall serve a minimum probationary period as determined by union contract or
non-union agreement that shall typically be 12 months, but in no case less than six(6)full
months after which, and upon recommendation of their Department Head, they shall be
considered a regular employee. The probationary period may be extended upon request of
the Department Head if an adequate determination cannot be made at the end of the
probationary period.
E. n_.....otionn' n__a...tionan, Period negUI,... ,......l,...ee promoted into a h:ghe
elassefleation shall sen,e a prometionn! prebationa",period of six(6)full months
[Provisions of Section 3.080.040C has been moved to 3.08.130]
a _14-mars of Musiness. The hours during whieh the City effiees and departments shall be
open kr business shall be determ-ined by the City Couneil upon reeemmemintion of the
E. ""
—�.endanee Full ", time employees she'! peFferat a fell day's work eaeh and ever
employee fOF SOM-P URflV6idQhIP reason eaHnet repeFt for war-Ii, that employee is
expeeted to notify their supen4ser or Department Head not In-ter than the beginning 0
the next seheduled wark day. Absenee&em work without per-mission OF With011t RF)t*P
-s eansidered to be indiffer-enee to the City's interest nnd may result in diseiplinm:y
Option
[Provisions of Section 3.080.040E has been moved to 3.08.1201
C. Personal Appearance and Conduct. All employees are expected to maintain high
standards of appearance and conduct. Personal appearance and conduct appropriate to
employees' positions help establish and maintain favorable public opinions of the City's
services. Each employee should strive to maintain a neat, clean and well-groomed
appearance.
1. Employees in the uniform services should pay particular attention to being in proper
uniform and present a neat and well-groomed general appearance.
2. When transacting their own business affairs, employees of the City are expected to
maintain good relations with the business community.
3. Neatness of work performed is important. Proper attitude, courtesy and conduct on
and off the iob are of importance to the individual as well as to the City. All City
employees are engaged in public relations work. All representatives of the City,
regardless of whether public contacts are direct or indirect, or whether they are by
telephone or in person,shall be courteous,efficient and helpful to all in their work and
shall do the best job possible on every assignment.
4. Favorable impressions created by the employee's courteous public relations develop
kood will and support for the City's services. In public relations, city officials, city
administrators, fellow employees, and the citizenry expect City employees to do their
work properly and eMciently and to assume an oblikation of loyalty and interest in the
City's welfare. Loyalty is due the City service as a whole, not merely the particular
department in which the employee is working_ A City employee should take pride in
servicing the local kovernment and should strive to advance the City's interests
Page 11 of 30
wherever possible, to defend it against unjust criticism, to protect its property, and to be
of genuine service to the people of the City ofAshland
PD.Departmental Rules and Regulations. Each department of the City is encouraged to have
established rules, regulations and procedures. Each rule, regulation and procedure shall be in
harmony with the requirements established within this document, existing employee union
contracts,and other existing agreements between the City and its employees.
GE Personnel Records. The City PeFsonnel Assistant Human Resource Department shall be
responsible for the proper administration of the personnel program and shall maintain the
official personnel records for each employee. Personnel records of employees shall be
considered confidential and shall be available for inspection only to the employee and
authorized City officials.4-: An >Eemnlovees will be entitled to inspect their his/her
personnel record'° '^" °°° a° °g each eale..ae_yeaf upon request; 1 acknowledge
the placement of new materials in their the employee's personnel file; and 3. challenge or
reply to materials which the member employee believes to be obsolete or otherwise
inappropriate for evaluation,promotion or retention.
vaeano), eoeuFs, it shall be open to applieaflts ffem both within and withatit the City sen'iee.
In the e t that twe (2) O, ppli afltS A.- a job a .ally qualified .. ..»...
City
i
shall be given frst—pFefeFenee The City shall be the sole judge of an .....1..,ee's
qualifieEitiens and ability.
1. Outside Emplaymew. Outside employment shall be peFfnit4ed oRly With the
wfitten ..J of the Git.. The g -.J p iple. to be followed by the Git..:.. ........:�«:....
,.6 outside.....ployme..t shell be!
P05060AS FeqUiFiflg OFAPI8j'eeS t8 be aNailable feF duty twenty fOUF (24) h8uFS a day. in
the event that the ..bos,e pFinemples a,. violated, ..the Gity m reveke -e. :e ...1. g..mite.
hold outside,.«...L., mend
3F. Pay Periods. Unless otherwise agreed by contract, employees shall be paid on a bi-weekly
basis, on every other Friday. In the event a regularly scheduled pay date falls on a Holiday,
the last preceding workday shall be the regular pay date in lieu thereo&, -e -pay
KG. Residence Requirements. City residency shall not be a condition of employment or
continued employment. However, employees regularly assigned to stand-by status will be
required to live within the Ashland area, as prescribed by Union Contract or non-union
employee agreement. n.....,..tment Clads a also eneowage to live with:., the City li a
Residency within the Urban Growth Boundary is strongly encouraged for the city
administrator and for department heads. Existing City employees promoted into the
position of Department Head will not be required to move as a result of a promotion, but
are strongly encouraged to move within the Urban Growth Boundary once appointed as a
Department Head.
Individuals in certain safety-related or emergency response job classifications, as
determined by resolution or by administrative action at time of recruitment or hire. shall
Page 12 of 30
establish their residence to enable them to report for emereencv duty within 40 minutes of
notification including "get ready" and travel time. Examples of such classifications
include but are not limited to:
Public Works Superintendent
Street Supervisor
Wastewater and Reuse Supervisor
Water Ouality and Distrihution Supervisor
Water Treatment Plant Supervisor
Electric Operations Superintendent
Fire Division Chief(EMS.Fire and Life Safety and Operations Divisions)
Deputy Police ChieflLieutenant
Police Sergeant
Computer Services Manager
AFN Operations Manager
Network Administrator
Senior Information Systems Anal
vst
Information Systems Analvst/Proerammer
User Support Coordinator
Maintenance and Safety Supervisor
Telecommunications Technician
Residence shall be established by new employees in these classifications within these
boundaries or limitations within a period of twelve months of hire or promotion.
Department Heads may identify other positions which require emereencv response within
40 minutes to meet operational requirements.
IbHMileage. Any employee required to report for special duty or assignment at any location
other than that employee's permanent reporting location and who is required to use a personal
automobile for transportation to such location shall be compensated for such use.
#Ff. Travel Expense. Occasionally employees may wish to attend conferences or conventions or
they may be required to travel outside the Ashland area on City business. Decisions
concerning attendance at conferences, conventions and other meetings at City expense will be
made by the supervisor or Department Head_ with the .............J ,.r the eity Administrate_.
Permission to attend such meetings will be granted on the basis of an employee's participation
or the direct relation of their work to the subject matter of the meeting. Members of
professional societies will be permitted to attend meetings of their society when it is deemed
to be in the best interest of the City.
Approval of the trip, method of travel, and estimate of expenses are required prior to making
the trip. Immediately upon return, expense sheets shall be filled out by the employee.
Review and approval by the Department Head will be required prior to payment by the
$ieepter-a Finance department.
NJ. Selling and Peddling among Employees. No peddling, solicitation or sale for charitable
purposes or other reasons will be allowed among or by employees during working hours
unless approved by the City Administrator.
OK Cost Consciousness. Every City employee as a citizen and taxpayer, should practice every
economy possible in the discharge of their duties.
1. Lights, electric heaters,motors,etc., should be turned off when not needed.
Page 13 of 30
2. City equipment should be well cared for and maintained.
3. Conservation should be practiced in the use of all City supplies.
PL. City Equipment. City employees who are assigned vehicles or other equipment or who use
such equipment in the course of their normal duties, are authorized the use of such equipment
for official use only. In no case is City equipment to be used for private purpose.
Employees who are assigned vehicles or operate trucks or other heavy equipment are required
to be in possession of a current Oregon operator's license. In addition, the City will
periodically check the driving records of these employees to insure that their operator's
licenses are current. Employees who are assiened vehicles or to operate trucks or other
heavy equipment must report any ehanpe to drivinP privileges to his/her supervisor
immediately.
QM.Uniforms. Protective Clothing and Devices. If an employee is required to wear a uniform,
protective clothing, or use any type of protective device, such article shall be provided by the
City. Lost articles or damage to articles due to negligence shall be reimbursed to the City by
the employee. Failure of an employee to wear such required uniform, protective clothing or
use such protective device as prescribed by the City shall be cause for disciplinary action as
set forth in Section 3.08.030.
RN.Safety. All employees are urged to practice safety at all times. Mishaps and accidents can be
avoided if safe conditions are maintained. All employees are expected to abide by the
appropriate federal and state safety standards associated with their work as well as City safety
standards established through work rules. Willful violation of such rules shall be grounds for
disciplinary action.
Department Heads and supervisors are encouraged to establish safety programs and regular
safety briefings for the employees in their departments.
All employees are responsible for immediately reporting safety standard violations or unsafe
working conditions or equipment to their immediate supervisor.
In the event of an accident involving a City employee on City time, or e i City equipment, or
City property, the accident should be immediately reported to the employee's supervisor and
the Safety Geei:dinaiey City's risk manaeement team.
Uiide.. ,r.feetion ,.a the P4peteF of Finance the Gefi Fal SeR,iees a p has been
1
SO.Recovery of City Property. Upon termination with the City for whatever reason, City-owned
equipment, clothing, keys, I.D. card, etc.,checked out to the employee must be returned prior
to issuance of the employee's final check. Loss of keys.ID cards or other items while on the
iob must be reported to a supervisor immediately to prevent a breech in security.
TP.Legal Liability. The City shall purchase liability insurance in the maximum amounts set forth
in ORS 30.270 for the protection of employees against claims against them incurred in or
arising out of the performance of their official duties.
I. If an employee is negligent in the performance of theif his/her other duties and
responsibilities, such as failure to report faulty or unsafe equipment or negligent
Page 14 of 30
operation of a motor vehicle, and accidents result from such conditions, the employee
may be held personally and legally liable.
2. A good employee will abide by laws and regulations and perform assigned duties as a
reasonable, prudent person and not in a negligent manner. Such an employee will strive
to preserve the honor, trust, confidence and respect that is bestowed upon them by the
public.
SECTION 3.08.050 Classification Plan.
A. Position Classification Plan. The City Administrator shall prepare and be responsible for a
position classification plan which shall be a part of these policies. Copies of this plan and of
specifications for individual classes shall be available in the PPFq0Af1R.I Qf44ee Human
Resource department.
B. Titles and Specifications. The position classification plan shall include titles and written
specifications for the various classes of positions as a guide toward equal pay for equal work.
Job titles shall refer to a particular position and not to the individual.
1. Each position shall, on the basis of the duties and responsibilities of the position, be
allocated to an appropriate class.
2. Each class shall have a specification that includes a concise, descriptive title, a general
description of the duties and responsibilities of each position in the class, and a statement
of the minimum or the desirable qualifications for each such position.
The position specifications take into consideration the requirements of the job and are
merely descriptive and explanatory of the work to be performed. They may not
necessarily include all of the duties.
C. Reclassification.
I. The City Administrator may reclassify a position whenever its duties change materially,
provided the reclassification can be accomplished within the limitations of the current
budget of the City.
2. Reclassification to a new position or a change in job title shall not deprive an employee
of, or change the date of eligibility for, scheduled pay increases which would otherwise
have been granted.
3. If an employee is promoted, or a position reclassified, to a class having higher salary
range the employee's salary rate step shall be adjusted to the minimum rate of the new
class. However, if the employee's current salary rate step is higher than the minimum
rate for the new class, adjustment will be made to the next highest rate which exceeds the
employee's current rate sue.
4. When reclassification to a new position or a change in job title is a result of a bona fide
promotion, the date of the promotion to the new job classification shall become the
anniversary date for any future salary adjustments.
45. When an employee is transferred between positions with no change in classification or is
transferred or reclassified to a class having the same salary range, the rate of pay shall
remain the same.
D. New Positions. The City Administrator may create new positions and allocate the positions
to an appropriate class. The City Administrator shall prepare appropriate class specifications
therefor. (ORD 2801, 1997)
Page 15 of 30
SECTION 3.08.060 Affirmative Action Plan.
The City Administrator is the designated Chief Affirmative Action Officer. Day to day
administration of the City's affirmative action program is the responsibility of the Personnel
Assistant. A copy of the City's Affirmative Action policy and program shall be on file in the
office of the Personnel Assistant.
SECTION 3.08.070 Pay Plan and Compensation.
A. Pay Plan and Compensation. The pay plan and compensation for each classification and the
positions within that classification will be that established by current employee union
contracts and formal agreements between the City and non-union employees.
B. Appointee Compensation. An appointee to a new position shall receive the minimum salary
for that position except:
1. In cases of unusual difficulty in filling the position; or,
2. In hiring exceptionally qualified personnel, the City Administrator may cause the
appointment to be made at a salary above the minimum, but not more than the maximum
for the position.
3. Employees appointed to a position above the entry level salary will be required to
complete the full length of service required for the next regularly scheduled pay increase.
However, management may at any time choose to grant increases for meritorious service.
SECTION 3.08.080 Holidays and Employee Benefits.
A. Holidays. The following shall be recognized as Holidays:
New Years Day(January 1)
Martin Luther King Day(3rd Monday in January)
Washington's Birthday(3rd Monday in February)
Memorial Day(last Monday in May)
Independence Day(July 4)
Labor Day(Ist Monday in September)
Veteran's Day(November 11)
Thanksgiving Day(4th Thursday in November)
Day after Thanksgiving(in lieu of Lincoln's birthday)
Christmas Day(December 25)
Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed as the
holiday. Whenever a holiday shall fall on Saturday,the preceding Friday shall be observed as
the holiday. In order to be eligible to receive holiday pay, an employee must work the last
scheduled workday prior to the holiday and the first scheduled workday following the
holiday.
Police Sergeants shall receive paid compensation in addition to regular salary for each of
the holidays listed above, in lieu of time off consistent with what is afforded other law
enforcement officers of the City of Ashland. This shall be paid on the first payday in
December of each year. Newly-hired Police Sergeants shall receive this paid compensation
Pro-rated from the date of hire. In the event that a Sergeant terminates employment for
any reason, he/she will receive pay only for the holidays which have elapsed that calendar
year. If more holidays have been taken as time off than have actually occurred at the time
of termination, those hours overpaid will be deducted from the employee's final paycheck
unless other arrangements are made to repay the City.
Page 16 of 30
If an employee is on authorized vacation, or other leave with pay when a holiday occurs,
such holiday shall not be chareed against such leave.
Employees working an alternate work schedule will receive compensation for eieht (8)
hours. Employees workine four 10-hour days will receive eight(8)hours compensation for
any holiday that falls in their regular work day. Employees may use accrued vacation or
compensatory time(if applicable)to make up the extra two hours,or they may be Permitted
to flex their schedule during a week which contains a holiday to ensure they receive full
pay. In no event shall an exempt employee receive Pay for more than 40 hour.Vweek due to
a holiday or alternate work schedule arrangement
Q Vaeations. Vaeatien leas,a taken"hall not be in ea keess of that "Ht Hlha acefued at the time
is baba 14 Mid g fall. is 118t ....bad ba a ...le yee pFieF_ta the " m let a.a.. of":x (6)
nth,. ,. :"fHHba«aa"
depaa.w.a..ntal p l:a,a leave Vacation le , a shall be ested OR faa"mn H ..:ded by the G'ty an
hetild be a,. hmated not less than th:«ba (30) ealend a" d"a s p f to she lima. tee
Shall pFeN,ail exeept in the ease ef DepaFtFnen; 1 leads a"d theiF immediate assistanis.
E. Saek Leave. E ffipl as eel aaa,a Fug "'"1 leave the rate of eight (8) hours pef Fnenth of full
when Halle taa PeFf«m th,,:«a,eNE daaties h..«Hasa... a.f:ll.a°a•a•
OB.A eeid°Ht, Healthand-14eso"Insurance. Aeeident,Wiealth and hospital insurance to cover
non-occupational injuries and sicknesses are provided to full-time City employees. Coverage
by such insurance begins the first of the month following
empleyR+eeEthe date of hire. Specific details of coverage shall be as stated in current union
contracts and other formal agreements between the City and non-union employee groups.
EC.Retirement. All regular full-time City employees are enrolled in the State of Oregon Public
Employees Retirement System after six months employment. (Amended Ord. 2748 1995)
Repealed Ord.2769, 1995)
Other Benefit All heF le as benefits fief difig :aH «n, siting fe
–v�nm�cncrrtt–rrm�"oioi�— romcrcmprv7cc ���v �.S"op @�... Via.aa:..a..a....
helid.a, " sie leaNae .anal "hall be " el f..h iH o A. e ..._le
eefitFaets and °theF r__.-aHl a s between the(tea. .ad R union employee„
Page 17 of 30
SECTION 3.08.090 Variances.
The City Administrator shall have the power to vary or modify the strict application of the
policies and rules listed herein in any case where such strict application would result in practical
difficulties or unnecessary hardships. (Ord.2013, 1979)
SECTION3.08.100 Discipline and Discharge.
A.Discipline. The followine section applies only to those employees who are not subiect to
the terms and conditions of a collective bargaining agreement and who do not have a written
individual employment agreement with the city.
1. General. Employees may be disciplined for cause as determined by their
supervisor, department /read, or the City Administrator. Probationary, temporary,
hourly, and on-call employees, as at-will employees, may terminate their
employment and may be discharged with or without notice and with or without
cause. Disciplinary action may be imposed upon any employee for failing to fulfill
responsibilities as an employee. Conduct reflecting discredit upon the city or
department, or which is a direct hindrance to the effective performance of city
functions, shall be considered good cause for disciplinary action. Such cause may
also include misconduct, inefficiency, incompetence, insubordination, misfeasance,
the willful giving of false or confidential information, the withholding of
information with intent to deceive when makine application for employment, willful
violation of departmental rules, city policy, state law, commission of any matter
listed in AMC Section 3.08.030.B or for political activities forbidden by state law.
2. Causes for Warning, Suspension or Dismissal Disciplinary action may be
imposed upon any employee for failine to fulfill their responsibilities as an
employee. Conduct reflecting discredit upon the City or department or which is a
direct hindrance to the effective performance of City functions, shall be considered
good cause for disciplinary action. Genera/reasons for which an employee may be
disciplined include but are not limited to:
a. Drinking intoxicating beverages or use of illegal drugs while on the job, or
arriving on the job under the influence of intoxicating beverage or illegal
drugs:
b. Violation of a lawful duty,
breach of discipline,or incompetence:
c. Being absent from work without permission or failing to report to the
supervisor or Department Head when absent;
d. Being habitually absent or tardy;
e. Failure to perform assigned work in an efficient manner, being wasteful o!
material,property,or working time:
f. Abusive language or conduct;
z Inability to get alone with fellow employees so that work being performed is
hindered or below required standards;
h. Commiuine a felony or beine convicted of a misdemeanor involving moral
turpitude;
L Use ofreligious,political or fraternal influence in the pursuit of City business;
h Willful or flaerant violation of safety rules;
Page 18 of 30
k. Violation of the City's Corte of Ethics:
L Willful failure to follow a lawful directive from a direct supervisor
3. Forms of Discipline. In general, the City will follow principles of progressive
discipline when implementing discipline. However, the form of discipline to be imposed in
a particular situation will depend on factors such as the severity of the offense,the number
of occurrences of the same or similar offenses, the employee's work history and record of
prior discipline with the City and any other relevant factors. Disciplinary action generally
will consist of one or more of the following:
a. Oral warnine:
b. Written reprimand:
c. Suspension:
d Demotion:
e. Discharge.
4. City Reservation. The City reserves the right, depending on the circumstances of the
particular situation, not to follow progressive discipline and to implement or impose one or
more of these disciplinary actions, to bypass one or more of these disciplinary actions or to
take or implement other forms of disciplinary action if determined to be appropriate by the
employee's supervisor, department head or the City Administrator. The City further
reserves the right to take or implement non-disciplinary actions that may be appropriate as
Part of a corrective action plan, includine, but not limited to, unscheduled performance
evaluations, work plans, last chance agreements, additional supervision or training,
referral to counseling or mediation, restructuring of iob assignments, or other actions as
deemed appropriate.
5. Employee Me&to Grieve. Disciplinary actions imposed on non-represented employees
that are otherwise subject to the grievance process may be grieved under the provisions of
AMC 3.08.110 Discipline or dischame of probationary, temporary, hourly and on-call
employees is not subiect to the grievance process.
B. Dischage.
1. Discharge of regular employees: Regular employees may be dischareed from City
service for cause as determined by the employee's department head or the City
Administrator.
2. Discharge during probationary period: All employees on.probation are at-will
employees and, as such, may terminate their employment and may be dischareed with or
without cause and with or without notice as determined by an employee's department head
or the City Administrator.
3. Discharge of temporary, hourly and on-call employees: Temporary and on-cal!
employees are at-will employees and, as such,may terminate their employment and may be
discharged with or without cause and with or without notice as determined by an
employee's department head or the City Administrator.
4. Eligibility for rehire. Employees who are dischareed for cause are not eligib/e for
rehire in any City Department unless rehire is approved by the City Administrator.
SECTION3.08.110 Grievance Procedures.
A. Grievances. The City will Promptly consider and respond to employee erievances relating
to discipline, discharge, application of the Title 3 of the Ashland Municipal Code, or to
Page 19 of 30
terms and conditions of employment. The City prefers to informally correct the causes of
grievances and encourages supervisors and employees to address and resolve problems as
they arise. If the cause of a grievance cannot be resolved informally, for represented
employees, the grievance procedures of the applicable collective bargaining agreement
shall apply.
B. Procedure. For non-represented employees, the following procedure for processing formal
grievances shall be followed.
1. STEP I. The aggrieved employee, or group of employees, shall verbally present the
grievance to the immediate supervisor within fifteen (15) calendar days of the
occurrence of the issue or action giving rise to the grievance or within fifteen (15)
calendar days of the time the employee or group of employees become aware of the
issue or action. The supervisor shall give his/her response within fifteen (15) calendar
days of the date of the Presentation of the grievance, not including the date of
presentation.
2. STEP If.If the grievance is not fully resolved at Step I, the grievance shall, in deta&
be reduced to writing, signed and dated by the aggrieved employee or group of
employees, and presented to the department head within fifteen (15) calendar days
after the supervisor's response is given, not including the date of the response. The
department head shall respond in writing to the grievance within fifteen (15) calendar
days of the date the written grievance is presented to the department head, not
includi ,the date of presentation. The decision of the department head regarding the
grievance of written reprimand shall be final and binding.
3. STEP III.If the grievance is not fully resolved at Step IL employees, other than those
appointed by mayor and city council, may appeal a suspension without pay, demotion
or discharge to the City Administrator. The written grievance shall be Presented by the
aggrieved employee or group of employees, along with all pertinent correspondence,
records and information, to the City Administrator within fifteen (15) calendar days
after the department heart's response is given, not including the date of the response.
The City Administrator may meet with the aggrieved employee or group of employees,
the immediate supervisor, and/or the department head before responding to the
grievance. The City Administrator shall respond to the grievance in writing within
fifteen (15) calendar days after the date the written grievance is presented to the City
Administrator, not including the date of Presentation. The City Administrator's
decision shall be final and binding.
C. Limitations on Grievances.
1. Oral warnings are not subiect to the grievance process.
2. Written reprimands can only he grieved through Step 1I ofthe grievance procedure.
3. Discipline or discharge of Probationary, temporary, hourly and on-call employees is
not subiect to the grievance process.
D. Time Limits. If the grievance procedures established by this section are not initiated by an
aggrieved employee or group of employees within the time limits set forth in this section.
Page 20 of 30
the grievance shall be dismissed and it shall be considered that lire grievance did not exist.
If the City fails to respond to any erievance within the time prescribed for a response, the
grievance will automatically advance to the next step.
E_. Extension of Time Limits. The time limits for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties involved, which
must he documented in writine.
F. Prohibiter/Practices. No employee may be disciplined, retaliated against or discriminated
against in any way because ofthe employee's use of the erievance procedure.
SECTION 3.08.120 Hours of Work and Outside Employment.
A. Work Schedules.
1. Attendance. Full-time employees shall perform a full day's work each and every
scheduled working day. Tardiness shall he a cause for disciplinary action. If an
employee for some unavoidable reason cannot report for work, that employee is
expected to notify their supervisor or Department Heart not later than the beginning of
the next scheduled work day. Absence from work without permission or without notice
is considered to be indifference to the City's interest and may resuh in disciplinary
action.
2. Reporting time. Employees must be at their desienated workspace on time and ready to
work. Employees shall remain at work until the end of the employee's work day or
work shift, unless permission to leave earlier is eranted by the employee's supervisor or
department head If an employee is not able to report for work, the employee must
notify his or her supervisor as soon as possible prior to the employee's scheduled shift
of his or her inability to report to work,the reason the employee is not able to report to
work, and the estimated length of time before the employee will be able to return to
work. An employee's failure to report to work without prior notification to the
employee's supervisor or department head shall be considered an implied resienation
by the employee unless circumstances beyond the control of the employee reasonabPo
prevent the employee from reporting to work or notifvine his or her supervisor or
department head of the employee's inability to report to work.
3. Hours of work. Work hours are established by the City Administrator. Department
heads shall have personnel available to serve the public at all times during work/hours,
unless otherwise authorized by the City Administrator. Department heads may
establish flexible work schedules,subject to approval by the City Administrator,so long
as department operations and public service requirements will not be adversely
affected, and the alternative or flexible schedule does not conflict with other city
policies, the Municipal Code, any applicable collective bargaining agreement or any
applicable wage and hour law. An employee wishing to work an alternative or 17exible
work schedule shall submit a written request to his or her department head.
ON 61h OF.F.Flam iw.�
Page 21 of 30
4. Work week and work schedules. The standard work week for City employees is Sunday
through Saturday. Except as may otherwise be dertned in a collective bargaining
aereement, work schedules for each department shall be determined by the department
head,subiect to approval by the City Administrator.
B. Rest and Meal Periods.
1. Rest periods. Each employee shall be provided an uninterrupted rest period of
fifteen (15) minutes for every four hours in a work period to be taken as close as
possible to the midpoint of each four-hour work period. Rest periods must be
provided and taken separately from the employee's meal period and cannot be
saved up to lengthen the employee's meal period or to allow an employee to leave
work early.
2. Meal periods. All employees who work more than six(6) hours in a work day shall
be given a meal period during the employee's work shift. Except when, due to the
nature and circumstances of an employee's work, an employee is required to
remain on duty or to perform work tasks during the employee's meal period, the
employee's meal period shall be taken as close as possible to the middle of the
employee's work shift Meal periods shall be at least thirty(30)continuous minutes
in length. Non-duty meal periods are the employee's own personal time. During a
non-duty meal period, an employee shall be free to leave his or her work station
and shall not be expected to perform any work. In the event of an emergency or
other circumstance in which an employee is required by his or her supervisor or
department head to remain on duty or to perform work tasks during the employee's
desienated meal period, the meal period will be paid time. Meal periods cannot be
skipped or shortened to less than thirty (30) continuous minutes in length to allow
an employee to leave work early.
3. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute
rest period to express milk durine each four-hour work period.or the major part of
a four-hour work period, to be taken by the employee approximately in the middle
of the work period unless the City determines an undue hardship under state law
(ORS 653.077). The City may require, if feasible, that the employee take the rest
periods at the same time as the rest periods or meal periods that are otherwise
provided This shall only apply to emnlovees expressing milk for her child 18
months of age or younger. The City shall make reasonable efforts to provide a
location, other than a public restroom or toilet stall, in close proximity to the
employee's work area for the employee to express milk in private.
C. Outside Employment. City employees may, in general, engage in employment or business
outside their work for the City, with the written approval of the city administrator.
However, employees shall not utilize City time, materials, equipment or resources for such
outside employment or business, or allow such employment or business to conflict with, or
appear to conflict with, the employee's work for the City or with the interests or business of
the City. No employee may perform any service or employment, outside of City
employment, or engage in any business for which the employee receives compensation
during the employee's City work hours. Employees may be subiect to other requirements
Page 22 of 30
dependine on department needs. Questions or issues regarding any actual, potential or
apparent conflict of interest shall be resolved by the City Administrator.
In determining whether to permit outside employment,the City shall consider:
1. The need for mentally and physically alert employees.
L. Insulating employees from potential conflict of interest situations.
3. Maintaining efficiency unimpaired by other employment, particularly for those City
positions requiring employees to be available for duty twenty-four (14) hours a day.
Any outside employment or business obligations must not interfere with or adversely
affect the employee's ability to fulrll all of the employee's responsibilities to the City.
If in the iudement of the employee's department head, an employee's outside
employment or business interferes with or adversely affects the employee's
Performance of duties for the City, the department head may require the employee to
terminate the outside employment or business. Under such circumstances, the failure
or refusal of an employee to terminate outside employment may be grounds for
termination of employment with the City.
SECTION 3.08.130 Promotions,Demotions and Reassignments.
A. Promotions.
1. Process. If a qualified employee applies for an open position, at the discretion
of the City Administrator, the City may opt to promote the employee to the position
and not recruit for the position. The City Administrator may, at his or her option,
require the employee to take any appropriate tests and ko through an interview or
interviews and a background check prior to decidine whether to promote the
employee to the new position.
L. Effect of Promotions on Salary. When an employee is promoted to a
classification with a higher pay grade, the employee will receive a pay increase of
not less than the percentage difference between steps in the pay erade for the new
position, except that the employee's pay may not exceed the maximum pay step of
the pay grade for the new position. if the employee's current pay rate is below the
minimum pay step of the pay grade for the new position, the employee's pay shall
be increased to at least the minimum pay step of the pay erade for the new position.
3. Promotional Probationary Period. Employees who are promoted to a new
position must serve a new probationary period of six (6) months in the new
position.
B. Demotions and Reassignments. When an employee is demoted for cause to a
position with a lower pay grade, the employee's pay will be reduced to a pay step within
the lower pay erade. When an employee is reassigned for administrative purposes
through no fault of lite employee, if the employee's reassigned position is in a lower
Pay grade, normally, the employee's pay will be changed to the step in the pay grade for
the employee's new position that is closest to the employee's current rate of pay. If the
employee's reassigned position is in a higher pay grade, normally, the employee's pay
will be changed to the closest step in the pay grade for the employee's new position
which is not lower than the employee's current rate of pay. Subiect to approval of the
Page 23 of 30
City Administrator, the salary of an employee who is reassigned to a position with a
lower pay trade may be held at the employee's current rate of pay, without adjustments
for cost-of-living increases, until the employee's rate of pay falls within the pay grade
for the employee's reassigned position.
SECTION 3.08.140 Vacation,Sick Leave and Other Leaves.
A_. Authorization for Leave. Except as otherwise provided in this code chapter, any applicable
collective bargaining agreement, or as required by law, all requests for leave must be
approved by an employee's supervisor or department head
B. Vacations. Vacation leave taken shall not be in excess of that actually accrued at tile time
it is taken, and generally is not granted to a new employee prior to the completion of six(6)
months satisfactory service.
Vacations shat be scheduled in conformance with union contracts, non-union agreements
and departmental policy. Vacation leave shall be requested on forms provided by the City
and.should be submitted not less than thirty (30) calendar days prior to the time requested.
Vacations shall be approved by the Department Head, and where conticts arise, seniority
shall prevail except in the case of Department Heads and their immediate assistants.
C. Utilization. Vacation leave shall not be taken in excess of that actually accrued However.
the Citv Administrator has the discretion to authorize all management employees to take
vacation in advance of accrual when warranted by special circumstances.
D. Continuous Service. Continuous service, for the purpose of accumulating vacation leave
credit,shall be based on the regular paid hours worked by the employee. Time spent by the
employee on city-authorized, city-paid absences shall be included as continuous service.
Time spent on unpaid absences shall not be counted as service, provided that employees
returning from such absences shall be entitled to credit for service prior to the leave.
E. Accrual Limitation. Management and Confidential employees are required to take at least
75% of their annual vacation accrual as time off each year. All Management and
Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in
April each year. The balance not elected for cash payment will be added to their
cumulative vacation accrual. In no event shall the emplovee's total vacation accrual
exceed twice the amount of the employee's annual accrual without written approval from
his/her Department Head.
R Scheduling. Vacation times shall be scheduled based on the city administrator's or
department heads iudgment as to the needs of efficient operations.
G. Payment on Termination. An employee terminated after sir-months employment shall be
entitled to prorated payment for accrued vacation leave at the rate as of the date of
termination. In the event of death, earned but unused vacation leave shall be paid in the
same manner as salary due the deceased employee is paid.
H. Administrative Leave. Exempt management employees may be granted up to one week of
Administrative Leave each July at the discretion of their department head or the City
Administrator. The purpose of Administrative Leave is to recognize the extra hours
Page 24 of 30
required of exempt manaeers for which no overtime compensation is afforded No cash
Payment will be made for Administrative Leave, and it can only be taken as time offdurine
the year in which it is panted Administrative Leave must be used by June 3d" each year
or it will be deemed forfeited. In the event of termination or retirement, no cash payment
will be made for Administrative Leave. In the event of a termination, the City may require
pro-rated repayment of Administrative leave at the rate of 3.3333 hours for each calendar
month remaining in the year after the date oftermination.
L Vacation Accrual. Management and other non-represented employees shall be elieible for
vacation with pay in accordance with the followine schedule.
Months of Service Monthly Vacation Annual Vacation
Accrual hours Accrual hours
0-48 8.67 104
49-108 10.67 128
109- 168 12.67 152
169-228 14 168
229-288 15.34 184
J Sick Leave. Employees shall accrue sick leave at the rate of eight(8) hours per month of
full service or twelve (12) hours per month for 56 lours/week personnel. Sick leave shall
only be used when unable to perform their work duties by reason of illness or injury, or to
care for an ill or iniured dependent, or to attend a medical appointment that cannot be
scheduled for a time other than the during the work day.
Employees who are ill are encoraged to use sick leave to become well and to prevent the
spread of their illness (if applicable) to co-workers and the public. A supervisor may
require that an employee with an illness leave the workplace. A decision to send a sick
employee home must be based on observable symptoms and behaviors that lead a
reasonable person to conclude that the employee is unable to perform their basic job duties
or presents a threat of infection to co-eorkers or the public. Supervisors shall consider the
seriousness of the illness and the relative risk to the work eroup. If the employee disagrees
with the supervisor's assessment, the City may require the employee to visit urgent care. If
the employee receives documentation from the urgent care physician approving an
immediate return to work, the City shall pay for the urgent care visit and the time
associated with the ureent care visit shall be counted as time worked
K. Unscheduled Leave.
1. Employees are responsible for reeular anendanee at their jobs, per Section 3.08.120 of
this Code. Excessive unscheduled absences create a burden on the other members of the
work team and can negatively impact service to customers.
2. Unscheduled leave is any non-aualifving FMLA/OFLA leave that is not approved in
advance. Unscheduled leave can he related to an employee or a family member becomine
ill, but can also include unexpected events that resuh in an absence. If an employee is
required to leave work due to an illness, the incident shall be considered unscheduled
leave. Supervisors have the discretion to waive an incident due to extenuating
circumstances.
3. Supervisors may require documentation from a health care provider for any
unscheduled leave equal to or greater titan three consecutive work shifts.
Page 25 of 30
4. Inappropriate or excessive use of unscheduled leave may be cause for disciplinary
action. In appropriate use includes feigning illness.deceitful use ofsiek leave,or failure to
provide requested documentation for an absence. Excessive unscheduled leave is defined
as seven occurrences duringa rolling twelve month period FMLA/OFLA qualifying leave
shall not be included in calculating exessive unscheduled leave.
5. An employee who takes excessive unscheduled leave, as defned above,may be required
to provide documentation of the reason for any additional unscheduled leave of any leneth
oftime ivihtin a 12-month rolling period.
6. An absence of more than one day for the same reason is considered one occurrence. If
the days are not consecutive, a doctor's note may he requested to establish that the
absences are linked.
7. For performance evaluations, an employee must have no more than six unscheduled
leave occurrences, as defined above,to receive a "Meets Standards"for Attendance.
L. Leave of Absence. An employee granted a leave of absence will be required to use all
accrued and unused compensatory time and all accrued and unused paid leave time before
the employee may take leave without pay. After an employee's paid time is exhausted any
leave granted or permitted will he without pay.
All leave used (paid or unpaid) shall be recorded on the employee's Payroll Time and
Leave Worksheet. Each department head is responsible for ensuring that all leave used by
employees in his/her department is accurately recorded and reported on the monthly
Payroll Time and Leave Worksheets.
M. Leave ofAbsenee Without Pay. An employee's department head may grant a leave of
absence without pay not to exceed 30 calendar days. Leaves of absence without pay for
periods in excess of 30 days must he approved by the City Administrator and the
employee's department head except for leaves of absence which, by law, an employee is
entitled to take.
N. Special Leave—Closure of City Offices. In the event of weather-related or other
conditions determined to be an emergency by the City Council or the City Administrator.
the Council or the City Administrator may decide to close City offices. For purposes of this
section, an emergency includes, but is not limited to,conditions due to the following:
a. SnowlIce
b. Building problem
e. Bomb threat
d Volcano
e. Forest Fire
f. Earthquake
g. Floor(
h. Terrorist threat
i. Civil unrest
If City offices are closed due to a declared emergency, employees will be granted leave with
Pay for the duration ofthe closure.
If City offices are open for business and an employee (foes not report to work due to
weather-related or other conditions, the time off will be deducted from the employee's
accrued paid leave unless it is determined by the City Administrator that the employee
could not report to work due to extraordinary circumstances.
Page 26 of 30
O. Victims of Domestic Violence, Sexual Assault or Stalking Leave. An employee shall be
allowed to take a reasonable amount of leave determined by the City Administrator and
Human Resources Office to address domestic violence, sexual assault, or stalking of the
employee or his or her minor dependents (ORS 659A.272). The employee must have been
employed with the City for at least six months and worked an average of more than 25
hours per week for at least 180 days immediately before the requested leave. The leave
must not create an undue hardship on the department and it must be for an authorized
purpose. An authorized purpose includes seeking legal or law enforcement assistance or
remedies—seeking medical treatment or recovering from injuries: obtaining counseling or
services from a victim services provider:or relocating or taking steps to secure a safe home
for the employee or minor child
The employee shall provide the Human Resources Office and his/her department head
with as much advance notice as is practicable. The City may require certification of the
need for the leave, such as a police report, protective order, documentation from a In
enforcement officer, attorney, or victim services provider.
If approved, the employee must use paid leave (excluding sick leave) which includes time
management, vacation, compensatory time, or holiday time. If all paid time is exhausted,
the employee may request unpaid leave.
Upon request from an employee, the City shall make reasonable work safety
accommodations for an employee that is victim of domestic violence, sexual assault, or
stalking.
P. Criminal Proceedings Leave. An employee who is a felony crime victim shall be allowed to
take leave to attend a felony criminal proceeding involving the employee or immediate
family — defined as spouse, domestic partner, father, mother, sibling, child, stepchild and
grandparent(ORS 659A.192). The employee must provide reasonable advance notice of the
leave, provide copies of the notices of the criminal proceedings have been employed with
the City for at least six months,and worked an average of more than 25 hours per week for
at least 180 days immediately before the requested leave. The leave must not create an
undue hardship on the department. If approved, the employee must use paid leave
(excluding sick leave) which includes time management, vacation, compensatory time, or
holiday time. The employee shall not use sick leave. If all paid time is exhausted, the
employee may request unpaid leave.
SECTION 3.08.150 Termination of Employment.
A. Voluntary Terminations. To resign in good standing,an employee must give the employee's
department head or the City Administrator a written notice of resignation at least fourteen
(14) calendar days prior to the effective date of the employee's resignation. The employee's
department head or the City Administrator may agree to a shorter period of notice if an
employee so requests, in writing, and provides a suitable explanation for the shorter notice
period An employee who fails to provide at least fourteen (14) calendar days notice and
fails to obtain permission for a shorter notice period may be ineligible for rehire. Unless
otherwise approved in advance by the employee's department head and the City
Administrator, or as otherwise required by law, an employee who voluntarily resigns must
be present and on the iob for one full week immediately prior to the employee's termination
date and must work on the termination date. If an employee takes any unauthorized leave
Page 27 of 30
durine the employee's final week of employment, the employee may be ineligible for rehire
with the City,and the City may, at its discretion, alter the employee's termination date.
Upon receipt of a notice of resienation, the City reserves the right, at the City's option, to
designate a termination date which is earlier than the termination date designated by the
employee. If the City elects to designate an earlier termination date, the City shall pay the
employee for all wages and leave that would have accrued and shall maintain all benefrts
to which the employee would have been entitled if the employee had worked through the
termination date designated by the employee.
B_. Involuntary Terminations.
1. Layoffs/reductions in force. Restructure of the organization, a reduction inbudgeted
positions, lack of work,or shortage of funds may result in the layoff of employees. In the
event of layoff.the City may transfer affected employees into vacant positions for which the
affected employees are qualified, in the judgment of the hiring department head. When a
decision is made to lay off employees,the City will base layoff decisions on the following
actors:
a. Job skill level
b. Ability
c. Experience
d Education
e. Training
f. Work record
g. History of discipline and/or corrective actions
h. Knowledee of the proeram,department,and organization
i. Special skills or certifications
L Longevity with the City
Seniority may be considered when the qualifications and abilities of employees are
relatively equal. The City shall notify affected employees of a layoff at least thirty (30)
calendar days in advance of the lay off,
C Loss of Longevity and Seniority.
1. An employee loses all longevity and seniority in the event of:
a. Voluntary termination for ereater than three (3) months except under .special
circumstances as approved by the City Administrator.
b. Discharee for cause.
c. A lavoffperiod longer than eighteen(18)months.
d Failure to report to work at the termination of leave of absence.
e. Acceptance of other employment without permission of City while on a leave of
absence.
f. Retirement.
2. Time off during a lavoffperiod shall not count toward seniority or longevity accrual.
3. An employee shall not lose seniority with a department if the employee transfers from
one division or position to another division or position within the same department.
D_. Recall After LavofT If approval is given to rehire after a layoff, employees will he rehired
in the inverse order of lay off, that is, employees laid off last shall be called back first.
Employees shall retain a right to recall for eighteen (18) months from the effective date of
Page 28 of 30
a layoff. If employees are recalled from a layoff the following recall procedures shall be
ollowed:
a. For layoffs of less than five (5) days, employees may be notified of recall in person
or by telephone and shall have until the next work day following the notification to
report to work.
b. For layoffs of five(5) days to one month in duration, employees shall be notified of
recall by first class mail and by certified mail, return receipt requested, sent to the
employee at the employee's last known address, and the employee shall have seven (7)
days from the date the certified notice of recall is mailed to report to work.
e. For layoffs longer than one month in duration, employees shall be notified of
recall by first class mail and by certified mail, return receipt requested, sent to the
emplovee's last known address, and the employee shall have fourteen (14) days from
the date the certified notice of recall is mailed to report to work.
Employees are obligated to notify the City Human Resources Office in writing of any
change of address for the employee. Unless a longer period to report to work following a
notice of recall is agreed to in writing by the City, employees shall report to work within the
applicahle time period specified in section i, ii or iii above. If an employee does not respond
to a notice of recall within the applicable time period designated in this section, the
employee shall lose all recall rights
E. Death. In the event of the death of City employee, all wages and all eligible leave earned
and unpaid to the employee shall be paid to the employee's designated PERSIOPSRP
benefreiary or, in the absence of such,the employee's estate.
F Final Paveheck. Final paychecks will be delivered to terminated employees in accordance
with Oreeon law. Employees shall be paid for all eligihle accrued and unused leave at the
time of termination. Payment for any eligible accrued and unused leave shall be paid with
the employee's final paycheck and shall be paid at the employee's rate of pay in effect at
the time of termination.
G. Exit Interviews.
1. Purpose. The purpose of the exit interview is:
a. To gain insight into the effectiveness of City personnel and management practices, to
determine where personnel policies and procedures may be in need of review or
revision, to determine whether supervisory or managerial practices need review,
modification or improvement, and to obtain other information which could be of
assistance to the City and the employee's department.
b. To provide the employee with information related to the employee's separation from
employment with City, including, but not limited to, information related to
continuation of health benefits for the employee and eligible dependants of the
employee.
2. Conducting the exit interview. Unless waived by the City Administrator or refused by the
employee, an exit interview is to be conducted with every employee separating from a
benefited City position, regardless of length of service, position, or the circumstances of
separation.
3. Responsibility of Human Resources Office. Although departments may also conduct
interviews with terminating employees, the Human Resources Office shall conduct all City
exit interviews. The Human Resources Office will analyze the results of each interview to
determine how the information received may relate to current personnel policies and
Page 29 of 30
procedures and whether any changes in City employment policies or procedures may be
needed or beneficial.
4. Timing of exit interview. The employee's department head is responsible for notifying the
Human Resources Office as soon as the department head learns an employee is separating
from City emplovmenL The Human Resources Office will then schedule a time for the exit
interview.
5. Forms and records. The results of exit interviews will be recorded on forms prescribed by
the Human Resources Office. The record of the interview shall be maintained by the
Human Resources Office.
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