City Council

CITY COUNCIL MEETING TUESDAY, JANUARY 21, 2014 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. PRESENTATIONS Grief Share Councilman Brickner Pulse Point Spokane Valley Fire Department Chief Bryan Collins 7. CITIZEN COMMENTS 8. MAYOR AND CITY COUNCIL REPORTS 9. CITY ADMINISTRATOR REPORT 10. ACTION ITEMS A. Consent Agenda a. Approve January 7, 2014 City Council Minutes b. Approve January 21, 2014 vouchers in the amount of $202,952.17 B. General Business a. Appoint City Council Standing Committee Members b. Authorize Mayor Peterson to sign to Purchase Agreement for 2014 Club Car Golf Carts c. Confirm Mayor Peterson’s appointment of Ralph Williams as the City of Liberty Lake’s representative on the Housing and Community Development Advisory Committee The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 11. RESOLUTION Resolution No. 02-47B – Amending the Personnel Policy and Manual 12. ORDINANCE FIRST READ Ordinance No. 210 – Imposing a Moratorium on Recreational Marijuana 13. INTRODUCTION OF UPCOMING AGENDA ITEMS 14. CITIZEN COMMENTS 15. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. REPORTS  Liberty Lake Municipal Library December 2013 Report Statistics December 2012 December 2013 Checkouts 5,972 4,959 Checkins 5,821 6,629 Renewals 791 908 Downloads 254 479 CIN loan 807 1,026 In-house use 439 131 TOTAL: 14,084 14,132 CIN Borrow 421 452 Patrons: 3,361 3,067 Programs 222 253 New Cards 94 49 Total Cards 6,056 6,374 Community Tree Lighting Night The library staff assisted the Recreation Dept. to staff the annual CTL at City Hall on Friday evening, December 6th. Staff Training Day The staff participated in a follow-up training on Ebook readers and the new city/library website. Holiday Device Expo Library staff hosted two Saturday programs (12/14 & 21) instructing patrons how to use our downloading services on a variety of devices. This year the city observed early closing hours (noon) on Christmas Eve and New Year's Eve. Director Mogen was a guest speaker at the December meeting of Liberty Lake Rotary Club. Director Mogen and Librarian Pringle proctored 10 exams at both college and high school levels. Looking Forward to January 2014 1. Circulation of eReaders to city resident card holders 2. Lego Mania competition for kids and adults 3. Zinio electronic magazines increase to 25 titles 4. Financial Peace University 5. Importance of Organics/ adult program on nutrition  City Council Subcommittee Agendas  Finance Committee Meeting Agenda – City Hall Conference Room January 21st, 2014 6:00 PM I. 2013 Financial Update a. Expenditures II. 2014 Golf Cart Purchase III. 2014 Copier Lease IV. Ending Cash Balance in General Fund ‐ Recomendations V. Voucher Review ACTION ITEMS  City of Liberty Lake Consent Agenda for January 21, 2014 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through January 21, 2014 Payee Description Amount See attached voucher report. Total vouchers through January 21, 2014 $ 201,139.59 December, 2013 checks total $162,081.82 January, 2014 checks total $39,057.77 Check dated December 31, 2013 Door Specialties Inc. Check No. 18403 $ 1,812.58 TOTAL $202,952.17 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 10Ba BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 21, 2014 City Council Standing Committee Member Appointments DEPT. OF ORIGIN: Legislative EXPENDITURE REQUIRED: N/A BUDGETED: N/A SUMMARY STATEMENT Mayor Pro Tem Kaminskas has received input from each of the council members regarding their service on City Council standing committees. Based on that input, Mayor Pro Tem Kaminskas has assembled the proposed committee assignments as follows: FINANCE COMMITTEE ‐ 6:00 the evenings of Council meetings Mayor Pro Tem Kaminskas Council Member Langford Council Member Olander Alternate 1 – Council Member Brickner Alternate 2 – Council Member Severs PUBLIC SAFETY & LIBRARY COMMITTEE ‐ 6:00 the 2nd Tuesday of each month Council Member Dunne Council Member Kopelson Council Member Langford Alternate 1 – Mayor Pro Tem Kaminskas Alternate 2 ‐ open COMMUNITY DEVELOPMENT COMMITTEE‐ 6:00 the 4th Tuesday of each month Council Member Dunne Council Member Brickner Council Member Severs Alternate 1 – Council Member Kopelson Alternate 2 – Council Member Olander RECOMMENDED ACTION 1. Appoint City Council Standing Committee Members as proposed above.  AGENDA ITEM NO.: 10Bb BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 21st, 2014 Purchase of 2014 Club Car (14 new golf carts) DEPT. OF ORIGIN: Golf Course EXHIBIT: A – Quote for Club Car DEPT. HEAD APPROVAL: RJ Stevenson EXPENDITURE REQUIRED: $55,754.51 plus sales tax = $4,850.64 BUDGETED: Included in the 2014 Budget SUMMARY STATEMENT City desires to purchase 2014 Club Car Golf Carts to replace the entire fleet of carts (12) that are now over ten years old. As part of the agreement, the City would receive a “Trade in Value” for these carts to offset the purchase of the new carts. Advantage to purchasing a new fleet now is that all the carts will be similar and reduce the maintenance cost to repair. The City will start a rotation cycle for golf carts in future years. Golf cart rentals are also a significant revenue source for the course bringing in $33,000 in 2013 and there were times were all the carts were in use and no extras available. With 14 carts, the City would expect an increase in golf cart rentals revenue. The City is going through the National Intergovernmental Purchasing Alliance Company (NIPA) for this purchase. This is similar to the Washington State Contract that we have used in the past. The National contract price is 4% less that the State. The purchase of this vehicle was included in the 2014 Budget. RECOMMENDED ACTION 1. Authorize the Mayor to sign to Purchase Agreement.  QUOTATION Reference No. THG01 Golf Cars Etc. 14902 E. Sprague Ave. (509) 924-4946 Spokane, WA 99216 (800) 778-7860 PREPARED FOR: Trailhead at Liberty Lake Golf Course DATE OF QUOTE: November 30, 2013 1102 N Liberty Lake Road Club Car Representative: Bill Renz Liberty Lake, WA 99019 WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION: QUANTITY DESCRIPTION UNIT EXTENSION PRICE PRICE 14 2014 Club Car Precedent Gasoline Golf Cars 10.4 hp Pedal $ 7,715.71 $ 108,019.94 Start FE 350 Engine Body Color: Black Seat Colors: White, Beige, Grey and Black Canopy Colors: White, Beige or Black Precedent Wheel Covers INCL INCL 14 Sweater Basket INCL INCL 14 Premium Tread Tires 4-Ply Front and Rear INCL INCL Included Equipment 14 Fold-Down Windshields INCL INCL 14 Sand and Seed Bottles with Holder and Mounting Hardware INCL INCL 14 Information Holders INCL INCL 14 Dash Mounted Electric Fuel Gauge with Hour Meter INCL INCL 14 Black Body Color (molded-in not painted) INCL INCL 14 Comfort Grip Steering Wheel INCL INCL 14 Freight 450.21 6,302.94 SUB TOTAL: $ 114,322.88 National IPA Membership discount 45,368.37 Subtotal: $ 68,954.51 Tax: Resale/rentals Total delivered cost: $ 68,954.51 Trade vehicles: 12 Yamaha gas golf cars 13,200.00 Total Due after Trade Deduction $ 55,754.51 TERMS F.O.B. APPROXIMATE DELIVERY DATE SHIPPED VIA Purchase order/net 10 Augusta, GA Spring 2014 Company Truck Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within 30 days. Applicable state or local taxes are not included. All credit terms must be approved by GOLF CARS ETC. prior to delivery. Customer to submit required credit information for credit approval. Delivery lead time of 30 to 60 days normally required. Accepted By: GOLF CARS ETC. Company: City of Liberty Lake By: Bill Renz Title: Mayor Title: President Date: Thank you for your interest in our products.  Golf Cars Etc. 14902 E. Sprague Ave. Spokane, WA 99216 Trailhead at Liberty Lake Golf Course October 25, 2013 Coeur d’Alene, ID Contract Quote Term Payments per year Price per car per month 48 Months 1 Payment (April) $ 1,052.29 6 Payments (April – Sept.) $ 176.76 12 Payments $ 89.21 60 Months 1 Payment (April) $ 857.38 6 Payments (April – Sept) $ 144.02 12 Payments $ 72.69 Municipal % 3.77% Pricing based on a purchase contract of 14 – 2014 Club Car I2 Precedent Gasoline Vehicles, with trades applied, and equipped as stated in the vehicle quotation page. All quotes are based on the rate available at time of quotation and guaranteed for 30 days from date of quote. Financial information may be required for financing. Trailhead will assume ownership of vehicles upon the successful completion of the purchase contract with all payments and fees being current at contract termination. No Terms 48 Months 60 Months Final $ $55,754.51 $58,928.24 $60,016.60 Interest $ $0.00 $3,173.73 $4,262.09 ***Can save on freight with a January approval and order to come in on an existing February truck and trailer order. Freight: $450.21 - $123.84 per cart = $1733.76 Savings ($54,020.75 total) ***Horn, Headlights, Brake Lights and Rear Lights kit adds $488.00 per cart Regards, Bill Renz  AGENDA ITEM NO.: 10Bc BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 21, 2014 Mayoral appointment of Ralph Williams to the Spokane County Housing & Community Development Advisory DEPT. OF ORIGIN: Executive Committee (HCDAC) EXPENDITURE REQUIRED: N/A BUDGETED: N/A SUMMARY STATEMENT For the past several years, the City has had a vacancy on the Spokane County Housing and Community Development Advisory Committee (HCDAC). We have been contacted by Mr. Ralph Williams, who has expressed his interest in serving on the HCDAC on behalf of the City. The Spokane County Housing and Community Development Department requires that the City Council confirm Mayoral committee appointees, and that the appointee must be a resident or staff person from the City. Mr. Williams has been a City of Liberty Lake resident for six (6) years. Below is a brief synopsis of his qualifications, background, and interest in serving: Name: Ralph Williams Family Status: Married with two fantastic children Residence: Lived in the Spokane Area for 20 years and has lived in Liberty Lake for the past 6 years. Occupation: Currently works as a Land Development Manager for Greenstone Homes, LLC. Occupation Notes: Has over 13 years experience in the housing industry Education: Is a Graduate of Washington State University, holds a BA in Business Finance and a minor is Economics. Interest in Service to the HDAC: Mr. Williams’ desire to serve ones community has always been important to his core values. He would like to serve on the HDAC for Liberty Lake as a way to give back to his community. His years of experience in the Housing industry have given him a great wealth of knowledge and passion for communities, resources and out‐reach programs that are geared to create a better community at large. RECOMMENDED ACTION 1. Accept and confirm Mayoral appointment of Ralph Williams to the Spokane County Housing & Community Development Advisory Committee (HCDAD). RESOLUTION  AGENDA ITEM NO.: 11 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 21st, 2014 Personnel Policy DEPT. OF ORIGIN: Administrative Services EXHIBIT: A – Resolution B –Chapters 1‐3, 6, 10‐11 DEPT. HEAD APPROVAL: RJS EXPENDITURE REQUIRED: No BUDGETED: NA SUMMARY STATEMENT City will be updating the Personnel Manual over the next few weeks. The Personnel Manual has not been updated since March 7, 2006 and in that time there have been a few changes. Changes have also been made for consistency to current practice. In 2011, Canfield and Associates reviewed our policy and some of their changes are incorporated in this amendment. Instead of updating the manual at one Council meeting, it is recommended to update the manual in sections. For tonight, Staff is recommending changes to the policy for the following: Chapter 1 – Purpose and Scope Chapter 2 ‐ General Policies and Practices Chapter 3 – Recruiting and Hiring Chapter 6 – Performance Evaluations and Training Chapter 10 – Discipline and Termination Chapter 11 – Complaint Procedures RECOMMENDED ACTION 1. Adopt Resolution 02‐47B  CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 02-47B A RESOLUTION OF THE CITY OF LIBERTY LAKE, WASHINGTON AMENDING THE ADOPTED PERSONNEL POLICY FOR ALL EMPLOYEES OF THE CITY OF LIBERTY LAKE. WHEREAS, the Liberty Lake City Council adopted a personnel policy manual on June 2, 2002, as required. The manual establishes policy and procedures which relate to the City of Liberty Lake employees and other such matters properly related thereto; and WHEREAS, City Staff and Liberty Lake City Council have reviewed the attached Amended Personnel Manual and find it to be acceptable and appropriate. NOW, THEREFORE, be it Resolved by the City Council of the City of Liberty Lake, Washington as follows: 1. City of Liberty Lake Personnel Manual as Amended The policy for personnel matters set forth in the document entitled “City of Liberty Lake Personnel Manual” which is attached hereto as Exhibit “A” and incorporated herein by this reference is hereby adopted as the official policy for all employees employed by the City of Liberty Lake. 2. Amendments as Needed. The City of Liberty Lake through the City Council by Resolution, may amend, change, supplement or update any and all sections, terms or portions of the Personnel Manual as presently exist or as necessary. 3. Authority. The Mayor and City Administrator shall carry out the duties of enforcing the Personnel Policy and Procedures as prescribed in the Manual. 4. Effective Date. The Resolution shall become effective immediately upon passage by the Liberty Lake City Council. Adopted this 21st day of January, 2014. APPROVED: ____________________________________ Mayor, Steve Peterson ATTEST: ___________________________ City Clerk, Ann Swenson APPROVED AS TO FORM _________________________________ City Attorney Sean Boutz  Formatted: Indent: Left: 2", First line: 0.5" EXHIBIT A CITY OF LIBERTY LAKE PERSONNEL MANUAL Adopted by Resolution No. 02-47 June 18, 2002 Amended by Resolution No. 02-47A June 7, 2005 Amended by Resolution No. 06-47A-1 Chapter 5, March 7, 2006  Chapter 1 PURPOSE AND SCOPE 1.1 INTRODUCTION The personnel policies serve as a general guide to the City's current employment practices and procedures. Their purpose is to establish a means whereby fair treatment is extended to all employees in a uniform and equitable manner. Both the employees and the employer should know what their rights and responsibilities are in relation to the work environment. These policies also describe what the City provides you in terms of benefits and support. The City places the highest value on our employees and their well being. We want to see that you are a satisfied employee with the support necessary to achieve the objectives of your position. Only in this manner can your contribution to the City be the most productive. It is our belief that when consistent personnel policies are known and communicated to all employees, the opportunity for greater job satisfaction increases. We encourage you to read these policies. If you have any questions, please ask your Department Manager manager or supervisorsupervisor. If you have ideas or suggestions for improvement, please do the same. 1.2 INTENT OF POLICIES These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment in specific situations upon which you may rely, or as a guarantee of employment for any specific duration. Although we hope that your employment relationship with us will be long term, we recognize that things may not always work out as hoped, and either of us may decide to terminate the employment relationship. Please understand that no supervisor, manager or representative of the City has the authority to enter into any oral or written agreement with you for employment for any specified period or to make any written or verbal commitments contrary to what has been stated here. The only individual who has the authority to enter into a written agreement with you is the Mayor. Verbal agreements will not be recognized. Some positions may require Council confirmation. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with any City ordinance, Civil Service rule or regulation, bargaining agreement, state or federal law, the terms of that law or agreement prevails. In all other cases, these policies apply. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 1.4 CHANGING THE POLICIES As the need arises, the Mayor may modify these policies as adopted by the City Council. The City Council, by ordinance, shall enact any changes in compensation or benefit levels. The Mayor may deviate from these policies in individual situations, in an emergency, in order to achieve the primary mission of serving the City. Employees may request specific changes to these policies by submitting suggestions to the City AdministratorMayor or his/her designee. 1.5 DEFINITIONS Anniversary Date: The date of employment used to determine time based salary changes, seniority and other time-related personnel action. When an employee is promoted to a new salary range or step, the anniversary date for future step raises is adjusted to the date of promotion. The anniversary date is not changed for purposes of determining seniority. Comment [MSOffice1]: Take out entirely? Department Manager or Supervisor Head: An employee who is responsible for directing overseeing one or more workgroups. or more departments. Immediate Family: Includes the employee's parents, spouse, child, step-child, domestic partner, step-parent, brother or sister, mother or father-in-law, son or daughter-in-law, grandparent, grandchild, or other relative who lives in the employee's home. Comment [MSOffice2]: Add domestic partner ProbationTrial Period: A working period during which employees are required to demonstrate their ability and capacity to perform the duties of their position. Regular, Full-Time Employee: An employee who has successfully completed a probationary trial period as defined in these policies and who regularly works a minimum of 40 hours a week. Regular, Part-Time Employee: An employee who has successfully completed a probationary trial period as defined in these policies and who regularly works less than 40 hours but at least 20 hours a week. Temporary-Seasonal Employee: Employees who hold jobs of limited duration due to special projects, seasonal work, abnormal work loads, to fill in for an absent regular employee or for emergencies. Contract Individuals: Individuals who hold jobs of limited duration due to special, emergency or unforeseen circumstances, projects, or abnormal workloads. All contract personnel will sign a contract specifying terms of employment, duties and responsibilities. Upon termination of the contract, the City makes no implied provisions for employment. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 Probationary Trial Employee: Employees who have not yet completed their probationtrialary period in a regular position and who have not been certified to regular employment status. Unless otherwise specified, when regular employees are referred to in these policies, they shall also include probationary trial employees. Certified Employee: Employees who have successfully completed their probationary period. Comment [MSOffice3]: Already reference this under Regular Employee City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014  Chapter 2 GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY The City is an equal employment opportunity employer. The City employs, retains, Formatted: Strikethrough promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies and all employment practices will be applied without regard to any individual's sex, sexual orientation, race, color, religion, national origin, pregnancy, age, marital status or disability. 2.3 EQUAL EMPLOYMENT OPPORTUNITY It is the policy of the City to provide an equal employment opportunity (EEO) for all persons, regardless of race, color, creed, national origin, religion, age, sex, handicap or any other protected class enunciated under state or federal law. EEO is a legal, social and economic necessity for the City. All terms and conditions of employment will be done without regard to any protected class. Likewise, any benefits given by the City will be given or withheld without regard to protected class. The City of Liberty Lake treats all job applicants and employees equally and without regard to race, religion, color, national origin, sex, disabilityx, age or other basis prohibited by state or federal law. This policy extends to all areas of City employment and to all recruitment selection, placement, promotion, job assignment, compensation, disciplinary measures, demotions, layoffs, job terminations, testing, training awards, benefits, daily working conditions, and all other terms and conditions of employment. Any person who believes he/she has been or is subject to discrimination by an employee of the City of Liberty Lake is encouraged to immediately bring the matter to the attention of the employee’s manager or supervisor for investigation and appropriate action. Violations of this policy will be subject to discipline; up to and including termination. 2.2 IDENTIFICATION OF EMPLOYEES It is the policy of the City that an on-duty employee, to the best of his/her ability, be visible and identifiable to the public. All City furnished uniforms or work clothing are to be maintained in a presentable manner by the employee. "Presentable manner" will be determined by the Department Manager Manager or SupervisorHead. City-furnished uniforms remain the property of the City at all times. Unless otherwise advised by the Department Manager or Supervisor Head and approved by the Mayor or his/her designeeCity Administrator. If an employee is subject to a uniform, he/she should Formatted: Strikethrough City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 wear his/her uniform while on duty. An employee may wear City uniform items commuting between home and work so long as the employee does not participate in any interim activity where the image and good name of the City might be negatively affected. The outer garment of each uniform furnished by the City will bear the official insignia of the City and other such markings or emblems as each Department Manager or Supervisor Head may specify, except that rain gear may be identified otherwise. The Department Manager or Supervisor Head will determine the appropriateness of the employee name on the uniform. Proper location of such insignia and names on the uniform will be determined by the Department Manager or SupervisorHead. All employees who come in direct contact with the public outside the City-owned buildings may be required to carry an identification card issued by the City. The card will contain name, title, department, address and telephone number of work location; and in some circumstances, a head and shoulders photograph and certification that said person is an employee of the City of Liberty Lake. All City-issued identification, uniforms and other City-owned materials or property in the employee's possession must be surrendered to the City. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 2.3 EQUAL EMPLOYMENT OPPORTUNITY It is the policy of the City to provide an equal employment opportunity (EEO) for all persons, regardless of race, color, creed, national origin, religion, age, sex, handicap or any other protected class enunciated under state or federal law. EEO is a legal, social and economic necessity for the City. All terms and conditions of employment will be done without regard to any protected class. Likewise, any benefits given by the City will be given or withheld without regard to protected class. 2.4 2.3 ANTI-HARASSMENT Harassment in regards to any of the protected classes will not be tolerated by the City. It is a form of discrimination. No employee shall be subjected to unwelcome verbal or physical advances because of the employee’s protected class. Harassment based on other types of unlawful discrimination including, but not limited to, race, color, creed, age marital status, handicapdisability, religion, or national origin is also unacceptable. All employees are expected to conduct themselves in their daily activities in such a way as to ensure that no other employee is subjected to unlawful harassment or discrimination. Any employee who violates the City’s policy will be subjected to discipline, including immediate termination. Handling of Discrimination or Harassment Complaints City employees designated to hear discrimination or harassment complaints are: Employee’s supervisor, human resourceFinance Director, City Administrator or theor the Mayor or his/her designee. (This should reflect current positions within the City.) Any employee who believes he/she has been subjected to discrimination or harassment because of a protected class such as race, creed, color, national origin, religion, age, sex, material marital status, handicapdisability, or any other protected class is encouraged to file a complaint with one of the employees identified above. The employee may contact one of these officials prior to filing a complaint for advice for assistance. If the employee does not believe one of the foregoing individuals is appropriate to hear his/her complaint, the employee may contact a City Council Member. The City will not tolerate any reprisals or retaliatory action taken against an employee who files a complaint with the City. Except as reasonably necessary in the conduct of any City investigation of a complaint or any discipline resulting therefrom, the City will attempt to keep all complaints confidential. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 2.5 2.4 SEXUAL HARASSMENT POLICY It is against the policy of the City for any employee to participate in sexual harassment in the workplace. Conduct which may constitute sexual harassment is any act that has the purpose of or effect of substantially interfering with an affected person's work performance or creating an intimidating, hostile or offensive work environment because of the affected person's sex or gender. Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other behavior of a sexual nature or because of one's gender when (a) submitting to that conduct is explicitly or implicitly a term or condition of employment; (b) submitting or refusing to submit to that conduct is used as a basis for any decision affecting an individual's employment or status; or (c) when such conduct affects one's work environment. Some examples of conduct which may be sexual harassment are: Physical: Unwanted touching, even something as non-threatening as the old "arm over the shoulder" can make some people feel uncomfortable. Repeated use of such a simple behavior can be construed as sexual harassment. Staring, looking one up and down, ogling, leering, gestures, simulating sexual acts or conduct, are all examples of prohibited physical conduct. Graphic: Sexually explicit posters, cartoons, computer screen savers, calendars, etc. Verbal: Using names, words, phrases, sexual sounds, jokes, etc., that refer to a person's sex or sex appeal. A term or name that may seem cute or clever to one person may insult another. Hazing: Any type of gender-based horseplay by one employee to another. This can include insulting, degrading or cruel behavior or remarks about another person, damage to personal property, and practical jokes. All employees of the City have a right to work in an environment free from sexual harassment. Therefore, the City will actively investigate any and all allegations of sexual harassment, and if it is determined that sexual harassment has occurred, the company City will take appropriate action, including disciplining the offending employee up to and including discharge. Any employee who believes he or she is being sexually harassed by anyone working or connected in any way with the City should politely and firmly confront whoever is doing the harassing. State how you feel about his or her actions and request they stop this behavior immediately. If the harassment continues or you believe employment consequences may result from the above confrontation, bring the issue to the immediate attention of their immediate supervisor. any of the following: supervisor, human resource, and the Mayor or his/her designee City Administrator. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 If, after reporting the incident, you believe adequate action is not being taken to resolve your problem, please bring it to the attention of the Mayor or his/her designee. Each employee of the City is responsible for ensuring that no sexual harassment occurs within his or her work area. Besides having a negative effect on safety and work performance, sexual harassment can have legal consequences for the City and the individuals involved. All retaliation is prohibited. Complaints made under this policy will not result in any adverse action against the complainant, unless the complaint is proved to be knowingly false. No person who participates in an investigation will be treated adversely because of that participation. A report of conduct that could be construed as sexual harassment should be made promptly. Employees engaging in improper harassment are subject to discipline, including termination. See Discrimination Complaint Procedure, Policy 2.62.5, for guidance if you Comment [MSOffice4]: Take off underline experience sexual harassment. 2.62.5 DISCRIMINATION COMPLAINT PROCEDURE Management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, employees are responsible for respecting the rights of their co-workers and others, including the citizens they serve. The following procedure outlines the steps to follow if you believe you have experienced harassment or discrimination on the job. If you believe that you have been harassed or are the victim of discrimination, you should try, if possible, to identify the offensive behavior to the harasser and request that it stop. In the event you are not comfortable confronting the harasser or when such informal direct communication is either ineffective or impossible, you should discuss your concern immediately with your supervisor. If the supervisor is involved in the harassment problem, the complaint should be taken to the Mayor or his/her designee City Administrator. No employee will suffer retaliation for reporting such concern. To the extent possible, complaints will be handled confidentially. If an investigation shows the accused employee did engage in improper harassment or discrimination, appropriate action will be taken, as in the case of any other serious employee misconduct. Such actions may include warnings, verbal and/or written reprimands, a letter to the employee's file, or an employee transfer, demotion, suspension or termination. 2.72.6 EMPLOYEE PERSONNEL RECORDS A personnel file for each employee is kept in the at City Hall. An employee's personnel file contains the employee's name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. All medical information about employees are shall be contained in a separate confidential file under double lock and key. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 Each Eemployees haves the right to review their his/her files in the presence of the City Treasurer Administrator or City Clerk and may request copies of anything in their file. An employee may request removal of irrelevant or erroneous information from his/her personnel file. If the City denies an employee's request to remove the information, the employee may file a written rebuttal statement which is placed in his/her file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee's personnel file will be released to the public, including the press, without a written request for specific information signed by the employee. (Note- some documents contained in employee files are public record and must be released uponreleased upon request by the public, including the press.) 2.82.7 EMPLOYMENT REFERENCES Only the Mayor or his/her designee, City Administrator or Department Managermanager, or supervisor Head will provide employment references on current or former City employees. Other employees shall refer requests for references to the appropriate Department Manager Head or the Mayor or Administratoror his/her designee. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014  Chapter 3 RECRUITING AND HIRING 3.1 RECRUITING Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence, without regard to race, color, religion, national origin, sex, marital status, pregnancy, physical handicapdisability, disability, or age. Each applicant will complete and sign an application form prior to being considered for any position. Resumes may supplement, but not replace, the City's official application. Any applicant supplying false or misleading information is subject to disqualification from hiring or immediate termination, if hired. 3.2 HIRING When a position becomes vacant and prior to any posting or advertisement of the vacancy, the Mayor or his/her diesigneedesignee Administrator and Department Managermanager or supervisor Head should review the position, its job description and the need for such a position. The position should be posted and/or advertised with the Mayor's approval. Seasonal employees in good standing may be offered return employment. The City may administer pre-employment examinations to test the qualifications and ability of applicants, as determined by the City. The City may contract any agency or individual to prepare and/or administer examinations. The City may also conduct certain background procedures as required by lawinvestigations. The City may also verify educational references made by an applicant prior to hiring. The City will may require Formatted: Not Strikethrough successful applicants for employment to take a pre-employment drug test once a Formatted: Not Strikethrough conditional offer of employment has been extended. The City of Liberty Lake is a drug- free employer. Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State or State of Idaho driver's license with any necessary endorsements. Driving records of applicants will be checked. Applicants with poor driving records, as determined by the City, may be disqualified for employment with the City in positions that require driving. After conditional offer of employment has been made and prior to commencement of employment, the City may require persons selected for employment to successfully pass take a medical examination. The purpose of the examination is to determine if the individual is qualified for the position 3.3 TEMPORARY/CONTRACT EMPLOYEES City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 Department Managers or supervisors Heads may use temporary employees or contract workers to temporarily replace regular employees who are on vacation or other leave to meet peak work load needs, or to temporarily fill a vacancy until a regular employee is hired. Temporary/contract employees may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. Compensation/Benefits: Temporary/contract employees are eligible for overtime pay as required by law. Temporary employees do not receive retirement, vacation, sick leave, health insurance, paid holidays or any other benefits during employment. The City pays into the Social Security System for all temporary/contract employees. 3.4 PROBATIONARY TRAIL PERIOD Upon hire or appointment, all employees enter a probationary trial period that is considered an integral part of the selection and evaluation process. Probation The trial period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate. The normal probationary trial period is one year from the employee's date of hire. A six- month probationary trial period is required after rehire and a 90-day probation trial period after promotion. The Mayor may authorize the Department Managermanager or supervisor Head to extend the probationary trial period for up to an additional six months. An extension may be granted for continued need to evaluate an employee's performance. Once probation the trial period is successfully completed, the employee shall be certified to regular employment status. Satisfactory completion of probation the trial period does not create an employment contract or guarantee employment with the City for a specified duration. Use of Sick Leave and Vacation during Probationthe trial period: Probationary Trial employees may use their accrued sick leave from the beginning of their employment, but may not use earned vacation until they have completed six months of employment, unless specifically approved by the Mayor or his/her designee. 3.5 NEPOTISM (EMPLOYMENT OF RELATIVES) The immediate family of current City employees, City council members or board members will not be employed by the City where: 1. one of the parties would have authority (or practical power) to supervise the other; 2. one party would handle confidential material that creates improper or inappropriate access to that material by the other; or 3. other circumstances exist that might lead to potential conflicts among the parties or conflicts between the interest of one or both parties and the best interests of the City. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 Change in Circumstances: If two employees marry, become related or begin sharing living quarters with one another, it is the duty of the employees to give notice to the City of the relationship and, in the City's judgment, it will determine whether a potential problems exists as noted above. The City may, unless reasonable accommodations cannot be made as determined, find that one employee will not be entitled to remain as a City employee due to nepotism. 3.6 PROMOTIONS The City encourages promotion from within the organization whenever possible. Employees may apply for positions in which they are interested and qualified. Before advertising a position to the general public, the Mayor or his/her designee may choose to circulate a promotional opportunity within the City. The City, however, reserves the right to seek qualified applicants outside of the organization at its discretion. New Probationary Trial Period: After promotion to a new position, a new probationary trial period of 90 days must be completed, unless waived or reduced by the Mayor or his/her designee. In the case of unsatisfactory performance in a promotional situation, the employee may request to be transferred to his/her previous position which may be considered by the City. If the employee successfully completes his/ her probationary period and is promoted, his/her anniversary date will be adjusted to the date of promotion for purposes of the step pay plan. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014  Chapter 6 PERFORMANCE EVALUATIONS AND TRAINING 6.1 PERFORMANCE EVALUATIONS To achieve the City's goal to train, promote and retain the best qualified employee for every job, the City conducts periodic annual performance evaluations for all positions. The City Administrator Mayor or his/her designee is responsible for developing and maintaining the City's performance evaluation program. Employees should shall be evaluated by their Department Managers manager or supervisorHeads prior to completion of their probationary trial period and once every 12 months thereafter. 6.2 TRAINING POLICY The City seeks, within the limits of available resources, to offer training to increase an employee's skill, knowledge and abilities directly related to City employment, to obtain or maintain required licenses and certifications, and to develop staff resources. Opportunities may include, but are not limited to: on-the-job training, in-house workshops and seminars sponsored by other agencies or organizations. 6.3 TRAINING TIME AND EMPLOYEE WAGES When a City employee attends training workshops, seminars or classes during regular work hours, the employee will be paid his/her regularly compensated salary and/or hourly wage. Travel to and from training events should occur during working hours. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014  Chapter 10 DISCIPLINE AND TERMINATION 10.1 CONDUCT SUBJECT TO DISCIPLINARY ACTION The City's success in providing excellent service to the citizens and maintaining a good relationship with the community depends on our employees. Disciplinary action can be imposed on a case-by-case basis and is not primarily intended to be punitive but rather to maintain the efficiency of day-to-day operations. There are certain kinds of actions which cannot be permitted to occur because of their impact on other employees and on the City. Such offenses may result in discharge on the first occurrence. Before a final decision is made on a discharge, the City convenes a pre- determination hearing as discussed later in this chapter. An example of dischargeable offenses, which should not be deemed all inclusive, includes: 1. Theft, misappropriation or removal of City property or the property of employees, clients or customers. 2. Knowing, intentional or repeated falsification on any application for employment or any report, record, time sheet or City records. 3. Soliciting and/or accepting payment, gifts or any item of value for services performed during the regular workday, whether or not the services are performed on behalf of the City and whether or not City vehicles or equipment are used. 4. Willful alteration, destruction or waste of City property, facilities, records or equipment, wherever located, or the destruction of another employee's property. 5. Use of drugs and/or alcohol liquor on the job or under the influence while on the job. 6. Giving or taking a bribe of any nature as inducement for obtaining or retaining a job or position. 7. Threatening, intimidating, coercing or interfering with supervisors or other employees. 8. Deliberate attempts to injure another employee or fighting on City property. 9. Sleeping during regular working hours. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014  10. Unauthorized possession of fire arms, explosives or any dangerous weapons while performing City work. 11. Participating in an unauthorized work stoppage or slow down. 12. Unwelcome racial, sexual or other harassment or discrimination directed toward another employee. 13. Recklessness resulting in an accident while on duty or while driving a City vehicle. 14. Any other conduct deemed unbecoming a City employee. For employee guidance, we include other behavior which would be detrimental to the City's objective and could lead to disciplinary action (up to and including discharge); a list intended to be illustrative but not comprehensive. 15. Habitual lateness; absence without proper notification; excessive absenteeism, loitering, goofing off or failing to assist others in a work situation. 162. Violation of the City's telephone or computer policies. 173. Smoking in an unauthorized area or causing a fire hazard. 184. Failure to report an accident or an occurrence causing damage to City, customer or public in a timely fashion; failure to properly secure the City facilities. 195. Inability, inefficiency, negligence or insubordination, including a refusal or failure to perform assigned work. Concealing defective work. 206. Failure to observe safety practices or to wear where safety clothing. 217. Lying, dishonesty, deliberately damaging City property. 10.2 POSSIBLE DISCIPLINARY ACTIONS In the event that discipline is necessary, the following types of disciplinary actions may be used, depending on the particular situation: 1. Oral Warning. 4. Demotion 2. Written Reprimand 5. Termination 3. Suspension City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 The choice of what discipline to apply in any particular case is solely the City's. 10.3 PRE-TERMINATION HEARING In the case of termination of an employee, the City will conduct a pre-termination hearing. The pre-termination hearing serves as a check against mistaken decisions and as an opportunity for an employee to furnish additional facts before a termination decision is finalized. In the event a supervisor desires to terminate an employee, the employee shall be provided with a notice of the recommendation for termination. The notice shall include an explanation of the charge(s) on which the recommendation is based, and the time and date for a pre-termination hearing. If the employee fails or refuses to appear, the termination may proceed. Pre-termination hearings will be presided over by the Mayor or a designated representative. The hearings are intended to be informal. The employee may show cause why he/she should not be terminated. By stating for cause in this handbook your employees are not at-will an alternative would be “explain.” Usually within two working days after the pre-termination hearing, the Mayor will issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support termination. A longer review period may be required in more complex situations. Employees maybe suspended without pay prior to a pre- termination hearing. 10.4 LAYOFF and/or RIF The Mayor or his/her designee may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place. Temporary employees or employees who have not completed probationtrial will be laid off before regular employees are affected. In determining who is to be laid off, consideration usually will be given to individual performance and the qualifications required for remaining jobs. Seniority will be considered when performance and qualifications are equal, as determined by the City. Employees who are laid off may be eligible to be re-employed if a vacancy occurs in a position for which they are qualified. 10.5 SEVERANCE PACKAGES The City of Liberty Lake does not offer severance packages unless specifically negotiated and approved by the Mayor and City Council. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 10.6 RESIGNATION An employee should provide at least two weeks notice of resignation or adhere to the requirements outlined in the employee's signed contract. This time limit may be waived by the Mayor or his/her designee. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014  Chapter 11 COMPLAINT PROCEDURES 11.1 COMPLAINT PROCEDURES The City recognizes that sometimes situations arise in which employees feel that they have not been treated fairly or in accordance with City policies. For this reason, the City provides its current employees with procedures for resolving complaints. These procedures do not apply to an employee after termination of employment. Step 1: Employees should first try to resolve any problem or complaint with their supervisor. Step 2: When normal communications between an employee and the supervisor is not successful, or when an employee disagrees with the application of City policies and procedures, the employee should attempt to resolve the problem with the Mayor or his/her designee City Administrator. Step 3: If the employee is not satisfied with the response from the supervisor City Administrator, he/she may submit the problem, in writing, to the Mayor or his/her designee. The written complaint must contain, at a minimum: 1. A description of the problem; 2. A specific policy or procedure which the employee believes has been violated or misapplied; 3. The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances; 4. The remedy sought by the employee to resolve the complaint. The written complaint must be filed within ten (10) working days of the occurrence leading to the complaint, or ten (10) working days after the employee becomes aware of the circumstances. The Mayor or his/her designee may meet with the parties, either individually or together, and will usually respond in writing to the aggrieved employee within ten (10) days of the meeting. The Mayor's response and decision shall be final and binding. Uniformed Employees (Fire and Police) have more than one source for dispute resolution, as outlined in this policy and procedure process. In addition, an employee may use the Civil Service rules or the policies outlined in the labor agreement. These employees should follow the grievance procedures set out in the Civil Service rules or labor agreement policies when applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 utilize both this process and any other complaint or appeal procedure that may be available to an employee. City of Liberty Lake Personnel Manual Proposed Changes 1-15-2014 HIGHLIGHT CHANGES TO THE PERSONNAL POLICY ‐ 1‐15‐2014 #1. References to City Administrator have been changed to say "Mayor or his/her Designee". #2. What should Department Head are refer to as: Department Managers. #3. References to the Union Contract Date have been removed. #4. Replaced probationary with the word 'Trial" throughout the document. Change From Section Description Admin 1.5 Anniversary Date: removed language regarding step increases. Admin 1.5 added domestic partner Admin 2.1 Consolidated Equal Employment Opportunity into one section. Admin 2.3 Removed this section for it is redundant Canfield 2.5 added language to "Physical" Canfield 2.5 Changed language under what an employee should do Canfield 2.6 Removed the "such as" language Admin 2.6 Changed desriptive language regarding personnel files Admin 3.6 Removed the reference to anniversary date Canfield 10.1 Removed the detail language description Canfield 10.2 Deleted Possible Disciplinary Actions Canfield 11.1 Employee must be active FIRST READ ORDINANCE  CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 210 AN ORDINANCE OF THE CITY OF LIBERTY LAKE, WASHINGTON, IMPOSING A MORATORIUM PROHIBITING ACCEPTANCE OR PROCESSING OF APPLICATIONS, OR ISSUANCE OF PERMITS OR LICENSES, AND APPROVALS, AND USES OR ACTIVITIES ASSOCIATED WITH THE PRODUCING, PROCESSING, OR RETAILING OF MARIJUANA AND MARIJUANA-INFUSED PRODUCTS. WHEREAS, in November 2012 the voters of the State of Washington approved Initiative 502, providing a framework whereby individuals and business entities may be granted a state license authorizing them to produce, process, or sell marijuana and marijuana-infused products for recreational use; and WHEREAS, pursuant to Initiative 502, the Washington State Liquor Control Board has developed and implemented regulations governing the licensing and operation of recreational marijuana or marijuana-infused producers, processors, and retailers; and WHEREAS, the Washington State Liquor Control Board may begin issuing licenses authorizing individuals and businesses to produce, process, and sell recreational marijuana and marijuana-infused products; and WHEREAS, marijuana remains a Schedule 1 drug under the federal Controlled Substances Act, and the production, possession, and use of marijuana for any purpose, including medical use, remains illegal under federal law; and WHEREAS, prior to issuing a license to a producer, processor, or retailer, as those terms are defined by Initiative 502, the Washington State Liquor Control Board must give notice of the application for a license to the City of Liberty Lake, and the City of Liberty Lake has the right to file written objections to issuance of that license, but the Washington State Liquor Control Board makes the final decision whether to issue a license; and WHEREAS, under Initiative 502 the only limitation on where a producer, processor, or retailer can exist is that any such premise cannot be within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center or library, or any game arcade where persons under twenty-one (21) years old may enter; and WHEREAS, unless the City of Liberty Lake acts immediately to address the production, processing, and retail sales of recreational marijuana and marijuana-infused products, such uses may be able to locate in the City of Liberty Lake without regulation, creating the potential for adverse impacts on the City and its citizens; and WHEREAS, on January 16, 2014, the Attorney General of Washington issued a legal opinion, AGO 2014 No. 2, that Initiative 502 does not preempt counties, cities, and towns from banning marijuana and marijuana-infused producers, processors, and retailers within their jurisdictions; and WHEREAS, the City of Liberty Lake may develop appropriate zoning, land use regulations, business license regulations, and other appropriate regulations to address the production, processing, and retail sales of recreational marijuana and marijuana-infused products; and WHEREAS, the City of Liberty Lake needs time to study the land use impacts of the potential facilities or premises that may be utilized by producers, processors, and retailers and the various development standards that should be considered to mitigate the impacts before adoption of any City regulations and/or acceptance of applications and issuance of any permits or licenses; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City of Liberty Lake to adopt a moratorium of up six (6) months without first holding a public hearing on the moratorium, as long as it holds a public hearing on the moratorium within sixty (60) days of its adoption, and WHEREAS, the City Council of Liberty Lake has determined that it is in the best interest of the City of Liberty Lake and its citizens that a moratorium be established to study appropriate regulations to address the production, processing, and retail sales of recreational marijuana and marijuana-infused products and to develop a work plan for the implementation of any regulations. NOW, THEREFORE, the City Council of the City of Liberty Lake, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council adopts the above recitations as findings of fact justifying the moratorium, and may supplement these findings of fact before or immediately after the public hearing on this moratorium. Section 2. Moratorium Established. A. A moratorium is imposed prohibiting the production, processing, and/or retail sale of recreational marijuana and marijuana-infused substances by state-licensed individuals or businesses within all zoning districts in the City of Liberty Lake. B. A moratorium is imposed on the issuance of any City of Liberty Lake building permit, development permit, business license, or any other permit or license to any state-licensed individual or business that seeks to produce, process, and/or sell recreational marijuana or marijuana-infused products in the City of Liberty Lake. Section 3. Term of Moratorium. The moratorium established by this Ordinance shall be in effect for an initial period of six (6) months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220 and/or RCW 35A.70A.390. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and/or RCW 35A.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of the adoption of this moratorium, which shall be held on February 18, 2014. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or unconstitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Liberty Lake as provided by law. Passed by the City Council this _____day of February, 2014. MAYOR STEVE PETERSON ATTEST: __ ANN SWENSON, City Clerk APPROVED AS TO FORM: ____________________________ SEAN P. BOUTZ, City Attorney