ORDINANCE _________________

COUNCIL BILL __________________

AN ORDINANCE relating to centralized City human resources services; changing the name of the Personnel Department to the Seattle Department of Human Resources and affirming the department's organizational role in City government; amending various sections of Chapters 3.02, 3.122, 3.124, 4.04, 4.08, 4.10, 4.13, 4.14, 4.20, 4.21, 4.24, 4.26, 4.28, 4.30, 4.33, 4.34, 4.36, 4.40, 4.44, 4.50, 4.70, 4.77, 4.78, 4.79, 4.86, 4.88, 4.94, 4.100, 5.09, 5.33, 5.78, and 10.02 of the Seattle Municipal Code to change references associated with the Personnel Department and the Personnel Director to the Seattle Department of Human Resources and the Seattle Human Resources Director, respectively; repealing obsolete Section 4.04.190 of the Seattle Municipal Code; uncodifying Section 4.04.270 of the Seattle Municipal Code; and making additional provisions for enacting this ordinance.

WHEREAS, the Personnel Department provides a range of services to City employees, City departments and the general public, and serves a unique role in meeting the City's strategic workforce objectives; and

WHEREAS, the name "Personnel" does not adequately describe all the services provided by the department or convey the strategic and customer service focused role that the department carries out at the City, and is not consistent with current terminology used in the public and private sectors; and

WHEREAS, it has been determined that Seattle Department of Human Resources is a more appropriate name to illustrate the department's function and role; and

WHEREAS, Section 4.04.190 and Section 4.04.270 of the Seattle Municipal Code, enacted in 1978 to facilitate the transition to the City's current personnel system, are obsolete; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

CHANGING THE NAME OF THE PERSONNEL DEPARTMENT TO THE SEATTLE DEPARTMENT OF HUMAN RESOURCES AND AFFIRMING THE DEPARTMENT'S ORGANIZATIONAL ROLE IN CITY GOVERNMENT

Section 1. The Personnel Department shall be named the Seattle Department of Human Resources. The Seattle Department of Human Resources shall carry out the functions of administering a personnel system for the City of Seattle as set forth in Article XVI of the Seattle City Charter and/or as assigned by another ordinance. The Seattle Department of Human Resources shall retain all functions, responsibilities, agreements, obligations, authorizations, powers, equipment, records, appropriations, assets, liabilities, budgetary authority, positions and incumbents previously held by the Personnel Department. The head of the Seattle Department of Human Resources shall be known as the Seattle Human Resources Director, and shall perform all responsibilities, duties, and obligations and exercise all powers authorized to the Personnel Director under Article XVI of the Seattle City Charter and/or assigned by another ordinance. Rules promulgated by the Seattle Human Resources Director will continue to be known as the City's Personnel Rules.

AMENDMENT OF VARIOUS CODIFIED ORDINANCES

Section 2. Subsection B of Section 3.02.110 of the Seattle Municipal Code, which section was last amended by Ordinance 121379, is amended as follows:

B. Appointment to the Office of Hearing Examiner shall be made by the City Council, from among no fewer than three (( (3) )) persons recommended by a committee composed of the Seattle Human Resources Director (( City Personnel Director )), the King County Ombudsman or equivalent King County officer and a private attorney selected by the Seattle/King County Bar Association. The Civil Service Commission having filed as a permanent record in the Office of the City Comptroller its recommendation that the Office of Hearing Examiner, as a professional or administrative office or position similar to offices and positions designated in Article XVI, Section 11 of the City Charter, and should not be included in the classified civil service, such office shall not be included in the classified civil service. Each Hearing Examiner shall be appointed to an initial term of one (( (1) )) year, and may thereafter be reappointed to subsequent four (( (4) )) year terms, subject to removal for cause by the City Council.

Section 3. Subsection N of Section 3.122.040 of the Seattle Municipal Code, last amended by Ordinance 124217, is amended as follows:

N. Provide a complete curriculum of records management and archives training sessions to all City agencies and employees in order to assist them in meeting their business needs for managing records;

1. Coordinate with the Seattle Human Resources Director (( Personnel Director )) in development and maintenance of records management curriculum to be included in new employee orientation, and update curriculum as needed;

2. Coordinate with the Seattle Human Resources Director (( Personnel Director )) in establishment and maintenance of a personnel rule to ensure records management training of appropriate current City employees, and update rule as needed;

Section 4. Subsection B of Seattle Municipal Code Section 3.124.030, which section was last amended by Ordinance 116368, is amended as follows:

B. The City Employee Charitable Campaign Committee shall include two (( (2) )) subcommittees. One (( (1) )) subcommittee shall recommend rules consistent with this chapter to the Seattle Human Resources Director (( City Personnel Director )) regarding eligibility standards for participating in City charitable campaigns and shall determine which federations of charitable organizations and charitable organization funds may, consistent with rules adopted, participate in the City's charitable campaigns. The second subcommittee shall recommend rules consistent with this chapter to the Seattle Human Resources Director (( City Personnel Director )) regarding the conduct of City charitable campaigns and shall assist the Seattle Human Resources Director (( Personnel Director )) and his or her designee in managing the campaigns.

Section 5. Subsections E and F of Section 3.124.040 of the Seattle Municipal Code, which section was last amended by Ordinance 123361, is amended as follows:

E. The City's annual charitable campaign shall be administered by the Seattle Human Resources Director (( Personnel Director )) who, in consultation with the employee committee, shall determine whether the campaign shall be coordinated and managed by a City employee or an independent nonprofit organization. If the campaign is coordinated and managed by a City employee, the Seattle Human Resources Director (( Personnel Director )) shall evaluate the duties of the position and determine the appropriate job classification and salary level. If the campaign is coordinated and managed by an independent nonprofit organization, the Seattle Human Resources Director (( Personnel Director )), in consultation with the employee committee, shall establish criteria to assure that such services are provided by an organization with demonstrated expertise, in an efficient and cost-effective manner, with the policy review and approval of the employee committee. The Seattle Human Resources Director (( Personnel Director )) shall assure that interested members of the City Council have an opportunity to review the criteria before any request for proposals is issued to select an independent organization to manage the campaign. The Seattle Human Resources Director (( Personnel Director )) is authorized to hire an employee in the classification and at the salary level determined by the Seattle Department of Human Resources (( Personnel Department )) or contract with a nonprofit organization in accord with criteria established in consultation with the employee committee to coordinate and manage the City campaign;

F. The salary and benefits paid to the employee coordinator or the fees paid for contracted services and the printing, duplicating and data processing costs incurred by the Seattle Department of Human Resources (( Personnel Department )) in conducting the campaign shall be reimbursed from moneys donated by City employees to charitable organization funds and federations through the campaign.

Section 6. Section 3.124.050 of the Seattle Municipal Code, which section was last amended by Ordinance 116368, is amended as follows:

3.124.050 Seattle Human Resources Director (( Personnel Director )) to adopt rules(( . ))

The Seattle Human Resources Director (( City Personnel Director )) shall adopt rules pursuant to (( SMC )) Chapter 3.02 which shall govern campaigns and shall specify the procedure by which City employees may authorize payroll deductions from City employees' salary warrants to make donations to federations of charitable organizations and to charitable organization funds.

Section 7. Subsections 10 and 35 of Section 4.04.030 of the Seattle Municipal Code, which section was last amended by Ordinance 123199, is amended as follows:

4.04.030 Definitions(( . ))

Unless another meaning is clearly indicated from the context, as used in this title:

10. "Director" means the Seattle Human Resources Director (( Personnel Director )) or his/her designated representative.

35. "Temporary worker" includes both temporary and less than half time employees and means a person who is employed in:

a. an interim assignment of up to one (( (1) )) year to a vacant regular position to perform work associated with a regularly budgeted position that is temporarily vacant and has no incumbent; or

b. an interim assignment for short-term replacement of a regular employee of up to one (( (1) )) year when the incumbent is temporarily absent; or

c. a short-term assignment of up to one (( (1) )) year, which may be extended beyond one (( (1) )) year only while the assignment is in the process of being converted to a regular position, to perform work that is not ongoing regular work and for which there is no regularly budgeted position; or

d. a less than half-time assignment for seasonal, oncall, intermittent or regularly scheduled work that normally does not exceed (( one thousand forty (1,040) )) 1040 hours in a year, but may be extended up to (( one thousand three hundred (1,300) )) 1300 hours once every three (( (3) )) years and may also be extended while the assignment is in the process of being converted to a regular position; or

e. a term-limited assignment for a period of more than one (( (1) )) but less than three (( (3) )) years for time-limited work related to a specific project, grant or other non-routine substantial body of work, or for the replacement of a regularly appointed employee when that employee is absent on long-term disability time loss, medical or military leave of absence.

For purposes of administering temporary assignments, one (( (1) )) year shall be equivalent to (( twenty-six )) (( (26) )) 26 consecutive pay periods. The Seattle Human Resources Director (( Personnel Director )) may promulgate rules that direct departments to limit temporary assignments to fewer hours than this ordinance provides for.

Section 8. Section 4.04.040 of the Seattle Municipal Code, last amended by Ordinance 121747, is amended as follows:

4.04.040 Administration(( . ))

A. There shall be a personnel system for the City, administered by the Seattle Human Resources Director (( Director of Personnel )). The Director shall be appointed, confirmed, and removed as provided in the Seattle City Charter, Article XVI, Section 1.

B. The duties of the Director include:

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14. Appoint, remove, and supervise the officers and employees of the Seattle Department of Human Resources (( Personnel Department ));

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C. With respect to the Public Safety Civil Service system enumerated in (( SMC )) Section 4.08.060, the duties of the Director shall be administrative and ministerial, including any support provided by the Director's staff. The duties of the Director include:

1. Provide staff support to the Public Safety Civil Service Commission, including staff to assist the Commission in the preparation and administration of entry-level and promotional examinations for the Seattle Police and Fire Departments. The Director's staff shall also assist the Commission to develop the appropriate registers based on test scores and service credits.

a. The level of staff support provided shall not be increased above that assigned to Public Safety Civil Service System duties in 2004, including contracts for consulting services, unless there is a corresponding increase in the Seattle Department of Human Resources (( Personnel Department's )) budget.

b. Any contract for consulting services to the Public Safety Civil Service System may be funded from that portion of the Seattle Department of Human Resources (( Personnel Department's )) budget dedicated to support the Public Safety Civil Service Commission. Any such contract paid for from Seattle Department of Human Resources (( Personnel Department )) funds must be jointly approved by the Seattle Human Resources Director (( Personnel Director )) and the Public Safety Civil Service Commission.

2. Provide staff support to the Public Safety Civil Service Commission by maintaining registers and posting registers appropriately for candidate and public review.

3. While the Director's staff shall assist the Commission, the Commission or its designee shall certify the candidates for appointment to a particular position. The Public Safety Civil Service Commission shall retain all rule-making powers.

Section 9. Section 4.04.045 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.04.045 Temporary employment service(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to develop and implement a temporary employment service to provide temporary workers to City employing units upon request therefor and upon payment by the requesting employing unit of the cost of such service. Because an arbitrary limitation on the number of temporary workers to be hired to implement this authorization would impede the operation of such service, all positions to be occupied by such temporary workers are hereby created, and the Seattle Human Resources Director (( Personnel Director )) is authorized, with approval of the City Budget Director or his/her designee, to fill whatever number of positions he/she determines is necessary to operate such service for City employing units. The Seattle Human Resources Director (( Personnel Director )) may delegate authority to department heads to fill temporary worker positions when such delegation would improve the quality of the temporary employment service or would result in cost efficiencies.

Section 10. Section 4.04.050 of the Seattle Municipal Code, last amended by Ordinance 118397, is amended as follows:

4.04.050 Rule-making authority(( . ))

A. Pursuant to the Administrative Code of the City (Ordinance 102228), the Seattle Human Resources Director (( Personnel Director )) may promulgate, amend, or rescind rules for the administration of the personnel system of the City generally, as well as specifically for the purpose delineated in this chapter.

B. The Mayor shall appoint a committee for the purpose of advising the Seattle Human Resources Director (( Personnel Director )) regarding rules for the administration of the personnel system. The committee shall be comprised of at least five (( (5) )) City employees, none of whom may be an employee of the Seattle Department of Human Resources (( Personnel Division )).

Section 11. Subsection A of Section 4.04.075 of the Seattle Municipal Code, which section was last amended by Ordinance 121771, is amended as follows:

A. It is the policy of the City to use alternative dispute resolution as a tool to prevent or minimize the escalation of disputes in the workplace. The Seattle Human Resources Director (( Personnel Director )) shall implement and administer the Alternative Dispute Resolution Program substantially in accord with The City of Seattle Alternative Dispute Resolution Program Management Plan, which is incorporated by this reference.

Section 12. Subsection D of Section 4.04.120 of the Seattle Municipal Code, which section was last amended by Ordinance 122809, is amended as follows:

D. Agreements Confirmed by City Council. All labor agreements negotiated pursuant to RCW Chapter 41.56 shall be subject to confirmation by a majority of the City Council.

The Director of Labor Relations or his/her designee shall coordinate and chair all meetings with the bargaining representatives of the public employees of the City for the purpose of collective bargaining as contemplated by RCW Chapter 41.56; provided, however, that no binding oral or written agreements shall be entered into with the bargaining representative(s) of employees of the City relative to substantive changes in City policy toward wages, hours, or working conditions without the participation of the Director of Labor Relations or his designee, the concurrence of the Labor Relations Policy Committee, and approval by a majority of the City Council; and provided, further that no binding oral or written agreements involving the day-to-day administration of collective bargaining agreements or bargaining relations shall be entered into with the bargaining representative(s) of employees of the City by any City department without the prior approval of the Seattle Human Resources Director (( Personnel Director )) or designee.

Section 13. Subsection A of Section 4.04.130 of the Seattle Municipal Code, which section was last amended by Ordinance 110253, is amended as follows:

A. The Seattle Human Resources Director (( Personnel Director )) shall classify positions of employment in City government so as to group together positions sufficiently similar that the same title may equitably be applied to all, and may establish such classifications according to a wage and salary structure. Classification may be by budget title. Classification is not required for examination purposes, and need not precede examination for a position.

Section 14. Section 4.04.150 of the Seattle Municipal Code, last amended by Ordinance 117019, is amended as follows:

4.04.150 Employee selection(( . ))

A. The Seattle Human Resources Director (( Personnel Director )) shall approve selection procedures for upward movement of current City employees as well as access to the employment process by members of the public for employing units.

B. The Director shall establish a system for maintaining a pool of qualified applicants to fill staffing needs in employing units in a flexible, timely and responsive way.

C. (( 1. )) The Seattle Human Resources Director (( Personnel Director )) shall coordinate official advertisements for all regular position vacancies.

(( 2 )) 1 . Employees shall be notified of all regular position vacancies through internal City advertisement. The Director may waive this requirement upon written presentation by the appointing authority of sufficient reasons for doing so. Criteria which may establish the basis for granting such waiver shall be published by the Director prior to the effective date of the ordinance codified in this section.

D. The appointing authority of an employing unit shall specify the essential job functions, skills and availability requirements of a vacant position. Upon the request of the appointing authority, the Director shall evaluate applicants from the public to identify those who are qualified for employment. The evaluation shall be a job-related assessment of qualifications based on essential job duties to be performed.

E. The Seattle Human Resources Director (( Personnel Director )) shall forward to the employing unit only names of applicants who meet the advertised criteria. Regular employees may apply directly to the employing unit for consideration.

F. Final interviews and selection of regular employees will be conducted by the appointing authority according to procedures approved by the Seattle Human Resources Director (( Personnel Director )).

1. The Seattle Human Resources Director (( Personnel Director )) shall audit the qualifications of each finalist prior to a final selection to ensure the individual selected meets the advertised qualifications.

G. The Seattle Human Resources Director (( Personnel Director )) shall establish procedures governing the recall and reinstatement of employees who have been laid off, and may provide assistance programs to support the alternative placement of employees whose positions are targeted for layoff.

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Section 15. Subsection A of Section 4.04.180 of the Seattle Municipal Code, which section was last amended by Ordinance 121453, is amended as follows:

A. The Seattle Human Resources Director (( Personnel Director )) shall develop and monitor a City-wide performance evaluation system and shall work with departments to ensure compliance therewith. Such system shall include, but need not be limited to:

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Section 16. Subsection A of Section 4.04.200 of the Seattle Municipal Code, last amended by Ordinance 117750, is amended as follows:

A. The Seattle Human Resources Director (( Personnel Director )) shall provide, consistent with funds appropriated therefor, City-wide training programs, and shall report to the Mayor and the City Council, via the Office of Management and Planning, on training expenditures and accomplishments. Such reports will be based on information received from departments to the Director in accordance with his or her directions. The Director also shall recommend to the Mayor and the City Council appropriate levels of funding for such training programs.

Section 17. Subsections A, D and E of Section 4.04.230 of the Seattle Municipal Code, last amended by Ordinance 124454, is amended as follows:

A. The Seattle Human Resources Director (( Personnel Director )) shall promulgate rules for the implementation and administration of a process of progressive discipline for the purpose of addressing acts of employee misconduct and, until such time as a performance management system is adopted, inappropriate job performance. The Seattle Human Resources Director (( Personnel Director )) shall inform the City Council in writing of proposed changes to the Personnel Rules regarding Progressive Discipline before the changes are finalized and implemented.

D. Disciplinary actions shall be reported by the appointing authority to the Seattle Human Resources Director (( Personnel Director )) for the Director's use in compiling guidelines for like treatment of like behavior from department to department.

E. The Seattle Human Resources Director (( Personnel Director )) may establish rules for application of discipline that are consistent for like behavior from department to department. A department may impose a more severe penalty than is otherwise sanctioned where misconduct which may be of minimal significance to other departments has a substantial impact on the operations, costs, or safety within that department.

Section 18. Subsection A of Section 4.04.240 of the Seattle Municipal Code, last amended by Ordinance 124454, is amended as follows:

A. The Seattle Human Resources Director (( Personnel Director )) shall establish rules for the presentation of non-exempt employee grievances in succession, to an employee's immediate supervisor, to the division manager, and to the head of the department for a written decision if necessary.

Section 19. Subsection L of Seattle Municipal Code Section 4.04.250, which section was last amended by Ordinance 123744, are amended as follows:

L. Duties. The duties of the Commission are as follows:

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6. To review and comment upon rules promulgated by the Seattle Human Resources Director (( Personnel Director )) pursuant to the Administrative Code of the City (Ordinance 102228);

7. Delegation of Powers. The Commission may delegate its powers, in whole or in part, to a hearing examiner who may be from the City Hearing Examiner's office. Decisions of a Hearing Examiner may be appealed to the Commission. The Commission may not delegate its powers to, or employ the services of, the Seattle Human Resources Director (( Personnel Director )) or a member of the Seattle Department of Human Resources (( Personnel Division )).

Section 20. Subsections A, B, D and G of Section 4.04.280 of the Seattle Municipal Code, which section was enacted by Ordinance 122063, is amended as follows:

A. The Seattle Human Resources Director (( Personnel Director )) or his or her designated management representative shall develop, implement and administer such temporary assignment approval and tracking systems and procedures as are necessary to ensure that assignments are managed consistent with applicable ordinances and personnel rules and the Settlement Agreement in Glaser et al v. City of Seattle, during the term of that Agreement.

B. The Seattle Human Resources Director (( Personnel Director )) shall implement, promulgate rules for and manage a process, consistent with the Glaser v. City of Seattle Settlement Agreement during the term of that Agreement whereby temporary workers in shortterm and less-than-half-time assignments may appeal to an assignment review committee to seek conversion of their assignment to a regularly budgeted position or term-limited assignment when:

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D. The Seattle Human Resources Director (( Personnel Director )) shall provide by rule for a temporary worker to challenge the outcome of the appeal process to a City of Seattle hearing examiner or, at the City's option and expense, to an independent arbitrator for final determination.

G. Whenever a temporary assignment is recommended for conversion to a regular position the Seattle Human Resources Director (( Personal Director )) may extend the time limits on the assignment as provided in (( SMC )) Section 4.04.030. If the conversion does not require the creation of new position authority, the Seattle Human Resources Director (( Personnel Director )) may extend the assignment up to (( ninety )) (( (90) )) 90 days. If the assignment conversion requires the creation of new position authority, the Seattle Human Resources Director (( Personnel Director )) may extend the assignment for the length of time required to obtain legislative approval of such authority; provided, that if the Mayor declines to recommend or the City Council declines to approve new position authority, the assignment must terminate within (( thirty )) (( (30) )) 30 calendar days of the rejection of the conversion proposal and the work must cease or must be assigned to a regular or probationary employee.

Section 21. Subsections A and C of Section 4.04.290 of the Seattle Municipal Code, which section was enacted by Ordinance 122972, is amended as follows

A. Occasional absences due to illness, vacations, jury duty, and military leaves shall not result in an extension of the probationary period; however, in the case of numerous or long term absences, the Seattle Human Resources Director (( Personnel Director )) may extend an employee's probationary period to include the equivalent of (( twelve )) (( (12) )) 12 full months of actual service, consistent with applicable law. A regular employee shall not serve more than one probationary period; provided, that an employee who has completed a probationary period may serve a trial service period under Section 4.04.300.

C. An employee may be dismissed during their probationary period after having been given written notice five (( (5) )) working days prior to the effective date of dismissal. However, if the department believes the best interest of the City requires the immediate dismissal of the probationary employee, written notice of only one (( (1) )) full working day prior to the effective date of the dismissal shall be required. The reasons for the dismissal shall be filed with the Seattle Human Resources Director (( Director of Personnel ))

Section 22. Subsection D of Section 4.04.300 of the Seattle Municipal Code, which section was enacted by Ordinance 122972, is amended as follows:

D. An employee's trial service period may be extended up to three (( (3) )) additional months by written mutual agreement between the department and the employee, subject to approval by the Seattle Human Resources Director (( Personnel Director )) prior to expiration of the trial service period.

Section 23. Subsection A of Section 4.04.310 of the Seattle Municipal Code, which section was enacted by Ordinance 122972, is amended as follows:

A. If a probationary employee is subsequently appointed in the same classification from one department to another, the receiving department may, with approval of the Seattle Human Resources Director (( Personnel Director )), require that a complete (( twelve )) (( (12) )) 12 month probationary period be served in that department. If a regular employee or an employee who is serving a trial service period is subsequently appointed in the same classification from one department to another, the receiving department may, with the approval of the Seattle Human Resources Director (( Personnel Director )), require that a (( twelve )) (( (12) )) 12 month trial service period be served in that department.

Section 24. Subsections C, D, E, F and K of Section 4.08.070 of the Seattle Municipal Code, which section was last amended by Ordinance 124157, is amended as follows:

C. With the support of the Seattle Human Resources Director (( Personnel Director )) pursuant to (( SMC )) Section 4.04.040, prepare and administer examinations, which shall be graded and open to all who meet appropriate job-related qualifications; provided that the Commission may, by rule, designate other methods of examination based on merit when in the Commission's judgment graded examination is not practicable. Such examinations may include tests of physical fitness and/or manual skill. The Commission may designate a suitable number of persons to be examiners to conduct such examinations. A Commissioner may act as examiner.

D. With the support of the Seattle Human Resources Director (( Personnel Director )), examinations for all classes shall be timely prepared and administered by the Commission so as to provide at all times current registers for all classifications. Eligible registers shall remain in effect for a time determined by the Commission; provided, that no eligible register shall remain in effect for more than two (( (2) )) years.

E. With the support of the Seattle Human Resources Director (( Personnel Director )), provide notice of the time, place and general scope of every examination not less than ten (( (10) )) days preceding such examination, and for promotional exams by posting in the Commission office and in Police and Fire Department offices for not less than (( ninety )) (( (90) )) 90 days, and by other notice deemed reasonable or necessary by the Commission.

F. With the support of the Seattle Human Resources Director (( Personnel Director )), prepare a register for each class of positions in this system from the returns or reports of the examiners of the persons whose standing upon examination for such class is not less than the minimum established by the Commission. Persons, when graded, shall take rank upon the register as candidates in the order of their relative excellence as determined by competitive examination. Veteran's preference in examination and appointment shall be granted as required by federal and state law including RCW 41.08.040 and 41.12.040; provided, a person shall be entitled to use such preference only once to successfully attain an appointment or promotion to a position.

K. With the support of the Seattle Human Resources Director (( Personnel Director )), maintain a roster of employees of this system, and other records as may be necessary for proper administration of this chapter, and provide all necessary records to the Seattle Human Resources Director (( Personnel Director )) for inclusion in the City's personnel management information records system.

Section 25. Subsection B of Section 4.08.110 of the Seattle Municipal Code, last amended by Ordinance 121747, is amended as follows:

B. No appointment, employment or promotion in this system shall be deemed complete until after the expiration of a period of one (( (1) )) year's probationary service. Before the expiration of the period of probation, the appointing authority may discharge or, in the case of a promotion, demote an appointee upon filing in writing the reasons therefore with the Seattle Human Resources Director (( Director of Personnel )) and the Commission. If an appointee is not then discharged or demoted, his/her appointment shall be deemed complete.

Section 26. Subsection D of Section 4.10.030 of the Seattle Municipal Code, which section was enacted by Ordinance 113597, is amended as follows:

D. Leaves of absence associated with maternity and parenting shall be authorized pursuant to Personnel Rules concerning Leaves of Absence Without Pay, Maternity Leave and Parenting Leave as shall be promulgated by the Seattle Human Resources Director (( Personnel Director )).

Section 27. Section 4.10.040 of the Seattle Municipal Code, last amended by Ordinance 118397, is amended as follows:

4.10.040 Departmental operating procedures(( . ))

Based upon guidance provided by the Seattle Human Resources Director (( Personnel Director )), each department shall promulgate a departmental operating procedure to implement this policy.

Section 28. Section 4.13.010 of the Seattle Municipal Code, last amended by Ordinance 124454, is amended as follows:

4.13.010 Exemptions from the Civil Service and Public Safety Civil Service Systems(( . ))

In addition to those positions exempted by statute, City Charter, or other ordinance provision (elected officers, officers appointed pursuant to the City Charter, assistant City attorneys, heads of employing units, members of boards and commissions established by the City Charter, members of boards and commissions established by ordinance, positions excluded from the Public Safety Civil Service System pursuant to Section 4.08.060, system-wide exemptions provided for in Section 4.13.020, and library employees), the positions of City employment listed in the subsections of this section requiring a particularly high degree of professional responsiveness and individual accountability, or requiring a confidential or fiduciary relationship with the appointing authority, or being judicial positions requiring insulation as a third branch of government, are hereby declared to be exempt from the (( Seattle Municipal Code )) Chapters 4.04, 4.08, and the (( rules of )) City Personnel Rules , the Civil Service Commission, and the Public Safety Civil Service Commission regarding examination, selection, discipline, termination, and appeals.

Section 29. Section 4.13.020 of the Seattle Municipal Code, last amended by Ordinance 122064, is amended as follows:

4.13.020 System-wide exemptions from the Civil Service and Public Safety Civil Service Systems

All temporary positions and student, intern and job training positions, whether now existing or created hereafter, are hereby declared to be exempt from the Civil Service; and from all provisions regarding examination, selection, discipline, termination and appeals in the (( Seattle Municipal Code )) Chapters 4.04 and 4.08 and the (( rules of )) the City Personnel Rules (( Department )), the Civil Service Commission, and the Public Safety Civil Service Commission.

Temporary positions are those regular positions or bodies of work filled or performed by temporary workers as defined in (( Seattle Municipal Code )) Section 4.04.030. Student, intern and job training positions are positions with titles designated as work/study, student, or intern and those positions with titles associated with an official work training program exclusive of apprenticeship programs.

Section 30. Subsection A of Section 4.14.140 of the Seattle Municipal Code, which section was last amended by Ordinance 122479, is amended as follows:

A. If necessary to obtain the services of a particular individual, the following persons may have moving expenses, incurred by them in relocating to the City (from a distance consistent with the Internal Revenue Service Distance Test for moving expense deductions), reimbursed or advanced by the City upon presentation of verifying documents and upon the additional conditions set forth below:

1. Department, office, and agency heads appointed by the Mayor, upon confirmation by the City Council of such appointments, when payment or reimbursement is authorized by the Mayor;

2. Executive Director of the Legislative Department or comparable position(s), upon appointment by the City Council, when such payment or reimbursement is authorized by the President of the City Council;

3. The following positions, when authorized by the head of the employing unit and the Seattle Human Resources Director (( Personnel Director )), and when conditions specified by the administrative guidelines issued by the Seattle Human Resources Director (( Personnel Director )) are met:

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Section 31. Subsection D of Section 4.14.150 of the Seattle Municipal Code, which section was last amended by Ordinance 123361, is amended as follows:

D. The appointing authority shall report all moving expense authorizations to the Seattle Human Resources Director (( Personnel Director )). The Seattle Human Resources Director (( Personnel Director )) shall provide a summary report to the City Council annually demonstrating how department authorization for moving expenses met the administrative guidelines.

Section 32. Subsections A and C of Section 4.20.030 of the Seattle Municipal Code, which section was last amended by Ordinance 119329, is amended as follows:

A. Every employee, upon initial appointment to any position in the classified service that is not assigned to a compensation program that grants the appointing authority the discretion for setting base salary, shall receive the minimum rate of the salary range fixed for the position, except as provided herein. When the application of this section results in inadequate recognition of a job candidate's qualifications, or when competitive recruiting so requires, payment at other than the prescribed step may be authorized by the appointing authority, in accordance with rules promulgated by the Seattle Human Resources Director (( Personnel Director )).

C. The Seattle Human Resources Director (( Personnel Director )) shall provide a summary report to the City Council annually demonstrating how department authorizations for salary step exceptions met the administrative guidelines, as well as his or her analysis of whether any such exception demonstrated a need for adjustment to the assigned salary range of the relevant position title.

Section 33. Subsection A of Section 4.20.040 of the Seattle Municipal Code, which section was last amended by Ordinance 123361, is amended as follows:

A. An employee shall be granted the first automatic step increase in salary rate upon completion of six months of service when hired at the first step of the salary range, and succeeding automatic step increases shall be granted after 12 months of "actual service" from the date of eligibility for the last step increase to the maximum of the range; provided, that officers and employees in the following position classes shall be paid on the basis of the applicable criteria designated for each class, position, or program title:

Accountability Pay for Executives Program. The Seattle Human Resources Director (( Personnel Director )) shall recommend to the City Council the assignment of included positions to and within one of four market groups. The appointing authority shall have the discretion to pay individual employees a salary within the recommended market group. The appointing authority may petition the Mayor for discretion to place individual employees in a market group other than the recommended placement, and the Mayor is authorized to approve, deny or modify such petitions, within the parameters of the Accountability Pay for Executives Program, codified at Section 4.20.380 (( SMC )). Subsequent increases or modifications to the individual's base salary shall be in accordance with the Program.

Manager Compensation Program, Strategic Advisor Compensation Program, Information Technology Professional Compensation Program. The Seattle Human Resources Director (( Personnel Director )) shall recommend to the City Council the allocation of included positions to one of three pay zones. The appointing authority shall have discretion to pay a Manager, Strategic Advisor, or Information Technology Professional a salary within the appropriate zone. Subsequent increases or modifications to an individual's base salary shall be in accordance with the appropriate Program, codified in Section 4.20.400, Section 4.20.420, and Section 4.20.430 (( SMC )), respectively.

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Auto Machinist Apprentice, Electrician Constructor Apprentice, Lineman Apprentice. Beginning apprentices shall receive the first step of the salary range assigned to the class to which appointed and shall receive a salary step increase each six months unless otherwise recommended in writing by the Joint Advisory Apprenticeship Committee and the Seattle Human Resources Director (( Personnel Director )) and approved by the City Council.

Job Trainee Program. Beginning trainees shall receive the first step of the salary range assigned to the job class to which appointed and shall receive a salary step increase each six months unless otherwise recommended by the Seattle Human Resources Director (( Personnel Director )).

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Section 34. Section 4.20.050 of the Seattle Municipal Code, last amended by Ordinance 118912, is amended as follows:

4.20.050 Temporary help in mechanical trades(( . ))

Whenever it becomes necessary to employ temporary help as Journeymen, Foremen or Helpers in any of the generally recognized mechanical trades, the employment of such help under civil service rules is authorized, payment for such service to be made at current prevailing rates for similar work in private employment as determined by the Seattle Human Resources Director (( Personnel Director )).

Section 35. Subsections C, F, G and H of Section 4.20.055 of the Seattle Municipal Code, which section was last amended by Ordinance 122063, is amended as follows:

C. Temporary workers in the following types of assignments shall cease receiving premium pay at the time indicated and begin receiving wage progression and benefits as provided at Subsection D:

1. Temporary workers in interim and short-term assignments after (( one thousand forty )) (( ( 1,040 ) )) regular straight-time hours, for the remainder of the assignment, provided that the Seattle Human Resources Director (( Personnel Director )) may promulgate rules to provide for the continuation of premium pay in lieu of wage progression and benefits when he or she determines that the assignment will terminate so imminently that the benefits package would be of minimal value to the worker; and

* * *

F. The Seattle Human Resources Director (( Personnel Director )) shall promulgate rules that are consistent with the City's collective bargaining agreements to allow temporary workers who do not qualify for the fringe benefits package described in subsection D to purchase health care coverage and optional insurance coverage.

G. A temporary worker who receives an appointment to a position within the classified service shall be compensated at the pay rate established for initial appointment in the pay program associated with that position; provided, that if the temporary worker is appointed without a voluntary break in service in excess of (( thirty )) (( (30) )) 30 days and has worked as a temporary worker in excess of (( five hundred twenty )) (( (520) )) 520 straight-time hours, he or she shall have his or her straight-time hours credited for purposes of salary step placement if applicable under rules promulgated by the Seattle Human Resources Director (( Personnel Director )).

H. The Seattle Human Resources Director (( Personnel Director )) is authorized to establish temporary job titles that correspond to any classified service or exempt job title that exists now or is hereafter created by ordinance, to assign such temporary job titles salary ranges or pay zones that are equivalent to those assigned to the corresponding regular titles and to make the same adjustments to such salary ranges or pay zones as are approved by ordinance for the corresponding regular titles.

Section 36. Subsection C of Section 4.20.065 of the Seattle Municipal Code, which section was last amended by Ordinance 120298, is amended as follows:

C. In each instance where administrative reassignment has been authorized, the appointing authority shall record the circumstances and/or business justification necessitating the reassignment. Such documentation shall be reasonably available to the Seattle Human Resources Director (( Personnel Director )) for purposes of assessing and evaluating use patterns. The Seattle Human Resources Director (( Personnel Director )) shall provide a summary report of the use of administrative reassignment to the City Council on a regular basis.

Section 37. Section 4.20.130 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.20.130 Substitution of lower classification position(( . ))

The heads of departments, at their discretion and with approval of the Seattle Human Resources Director (( City Personnel Director )) or his/her designee may, when a position is provided for herein substitute a lower level classification in the same line of work temporarily, and may fill that position as provided by personnel rules. The heads of departments, at their discretion, may terminate this substitution of the lower level classification and reinstate the higher position as originally provided herein; such position also to be filled in accordance with personnel rules.

Section 38. Section 4.20.140 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.20.140 Filling positions for limited periods in excess of those established(( . ))

The City Budget Director may, within the limits of moneys appropriated for "salaries," authorize filling positions for limited periods of no longer than one year, in excess of those established in the current budget and may authorize the use of unencumbered salary funds as a reimbursement for trainee positions budgeted in the Seattle Human Resources Director (( Personnel Department )).

Section 39. Section 4.20.160 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.20.160 Seattle Human Resources Director (( Personnel Director )) to check payrolls(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized and directed to check all payrolls of City departments as to the right of each employee to draw the rate of pay, appearing opposite his or her name on the payroll, and to report the result of such check to the City Council. Other payroll audit functions shall be performed by the Director of Finance and Administrative Services.

Section 40. Subsection A of Section 4.20.190 of the Seattle Municipal Code, which section was last amended by Ordinance 123349, is amended as follows:

A. Employees, except uniformed police and fire personnel, shall be entitled to ten (( (10) )) legal holidays and two (( (2) )) personal holidays each calendar year, or days off in lieu thereof occurring Monday to Friday inclusive, without salary deduction. Temporary workers who qualify for fringe benefits in lieu of premium pay pursuant to (( SMC 4.20.055(C) )) subsection 4.20.055.C shall likewise be entitled under the same terms and conditions as regular employees to legal holidays that occur during periods when they are so qualified, or days off in lieu thereof without salary deduction, and for two (( (2) )) personal holidays each calendar year or four (( (4) )) such personal holidays if qualified pursuant to subsection B hereof. The provisions of this section shall not apply to any employee whose compensation is set by a collective bargaining agreement unless the labor organization representing such employee agrees to be bound solely by provisions of this section with respect to the subject matter hereof. The Seattle Human Resources Director (( Personnel Director )) is hereby authorized to promulgate rules providing alternative holiday pay or time off for employees not covered by collective bargaining agreements whose work schedules are other than five (( (5) )) eight (( (8) )) hour days in a payroll workweek.

Section 41. Subsection A of Section 4.20.300 of the Seattle Municipal Code, which section was last amended by Ordinance 124003, is amended as follows:

A. Definitions(( . ))

(( 1. )) "Discretionary pay program" means a compensation program in which the appointing authority, in accordance with guidelines and procedures established by the Seattle Human Resources Director (( Personnel Director )), is granted discretion to set pay within the pay zone.

(( 2 )). "Hourly employee" means an employee who is compensated on an hourly basis for each hour of work performed, including time in excess of forty (40) hours per workweek.

(( 3. )) "Out-of-class assignment" means the temporary assignment of one (1) or more employees to perform the normal ongoing duties and responsibilities associated with a higher-paying title.

(( 4. )) "Proper authority" means the appointing authority or his or her designated management representative.

(( 5. )) "Salaried employee" means an employee who is not eligible for overtime and who each pay period regularly receives a predetermined amount constituting all or part of his or her compensation.

(( 6. )) "Threshold" means the amount of time an employee must perform out-of-class duties prior to being compensated for the performance of those duties. The threshold shall consist of consecutive work hours or work days.

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Section 42. Subsection B.4 of Section 4.20.320 of the Seattle Municipal Code, which section was last amended by Ordinance 123590, is amended as follows:

B. Policy

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4. Out-of-class assignment: Employees who are otherwise eligible for overtime compensation who work out-ofclass in an executive leave eligible position shall be eligible for executive and merit leave according to a minimum hour threshold and formula established and published by the Seattle Human Resources Director (( Personnel Director )) and shall not receive overtime compensation when so assigned. This provision may apply to represented employees provided their bargaining agent has concurred in its application. Subsection B.2 of this Section 4.20.320 becomes applicable to employees who work out-of-class in an executive leave eligible position after a specified threshold is reached as defined by the Seattle Human Resources Director (( Personnel Director )).

Section 43. Section 4.20.350 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.20.350 Request for creation of new position(( . ))

When any City department head requests the creation of a new or additional position of more than 60 days' duration, or a change in allocation of an existing position, he shall address his request for such consideration to the City Budget Director, accompanied by a statement of the duties and the responsibility and qualification requirements of the position. A complete copy of such request and statement shall at the same time be furnished to the City Council and the Seattle Human Resources Director (( Personnel Director )).

Section 44. Section 4.20.380 of the Seattle Municipal Code, last amended by Ordinance 120819, is amended as follows:

4.20.380 Accountability Pay for Executives Program -((B)) b ase pay and incentives(( . ))

A. There is established an Accountability Pay for Executives Program (hereinafter referred to as the APEX Program) having a base salary structure consisting of one (( (1) )) "executive pay band" with four (( (4) )) pay zones. The Seattle Human Resources Director (( Personnel Director )) or his or her designated management representative shall determine positions to be in the APEX Program. Each position included in the APEX Program shall be exempt from the classified service pursuant to Article XVI, Section 3 of the Charter of The City of Seattle and (( Seattle Municipal Code )) Chapter 4.13. Positions will be designated by the Seattle Human Resources Director (( Personnel Director )) to Executive titles. The appointing authority shall have the discretion to set and/or modify an executive's base salary anywhere within the pay zone for any such position under his or her direction within formal budget and spending limits established by the Mayor and the City Council. The appointing authority may also petition the Mayor or Seattle Human Resources Director (( Personnel Director )) as his/her designated representative for authorization to pay any APEX Program employee under his or her direction in a pay zone other than that determined by the Seattle Human Resources Director (( Personnel Director )), and the Mayor or designee may accept, modify or decline such a request. The Seattle Human Resources Director (( Personnel Director )) is authorized to administer the APEX Compensation Program and to develop and maintain a plan document that describes the program's elements. Any revisions to the program elements must be approved by the Mayor and the City Council. The Seattle Human Resources Director (( Personnel Director )) shall recommend to the City Council for approval adjustments to the salary structure based on a biennial labor market analysis of selected benchmark titles. The appointing authority may award to each APEX employee under his or her direction a base salary increase up to the maximum approved market adjustment; provided, no APEX incumbent shall be eligible for such an adjustment if his or her performance in the most recent evaluation cycle failed to be described as "satisfactory" or better. Other adjustments to base salaries must be made in accordance with program guidelines and within budget and spending guidelines.

B. The Seattle Human Resources Director (( Personnel Director )) will recommend measures of performance and establish performance recognition guidelines for the APEX Program. Using these guidelines, the appointing authority may award to an APEX Program executive a lump sum payment of up to eight (( (8) )) percent of base salary, in addition to base salary, for recognition of the accomplishment of goals and work outcomes at the completion of an annual evaluation period. Any lump sum payment made pursuant to this subsection shall be considered a part of regular compensation, prorated annually, for purposes of withholding retirement contributions and determining retirement benefits for affected employees who are members of the City Employees Retirement System.

C. The Seattle Human Resources Director (( Personnel Director )) shall recommend subsequent allocations of positions into or out of the APEX Program in accordance with established rules and procedures.

Section 45. Section 4.20.390 of the Seattle Municipal Code, last amended by ordinance 120819, is amended as follows:

4.20.390 Manager and Strategic Advisor Compensation Program(( . ))

A. There is established a Manager and a Strategic Advisor Compensation Program under which positions allocated to "Manager" and "Strategic Advisor" shall be compensated. The Seattle Human Resources Director (( Personnel Director )) is authorized to administer the Strategic Advisor and Manager Compensation Programs and to develop and maintain plan documents that describe each program's elements. Any revisions to the program elements must be approved by the Mayor and the City Council. The Seattle Human Resources Director (( Personnel Director )) shall allocate positions into and out of Manager and Strategic Advisor titles in accordance with established rules and procedures.

B. The salary structure for the Manager and Strategic Advisor Compensation Programs shall each consist of one (( (1) )) pay band with three (( (3) )) pay zones. Pay zone assignment shall constitute the classification for all relevant provisions of the Seattle Municipal Code and the Personnel Rules. Where occupational groups have been designated, the occupational group shall constitute the class series. The appointing authority shall have the discretion to set and/or modify base salary anywhere within the pay zone for any Manager or Strategic Advisor under his or her direction, within formal budget and spending limits established by the Mayor and the City Council. The Seattle Human Resources Director (( Personnel Director )) shall recommend to the City Council for approval market adjustments to the salary structure based on a biennial labor market analysis of selected benchmark titles. The appointing authority may award to each Strategic Advisor or Manager under his or her direction a base salary increase up to the maximum approved market adjustment; provided, that no Manager or Strategic Advisor shall be eligible for such an adjustment if his or her performance in the most recent evaluation cycle failed to be described as "satisfactory" or better. Other adjustments to base salaries must be made in accordance with Program Guidelines and within budget and spending guidelines.

C. The Seattle Human Resources Director (( Personnel Director )) will establish performance recognition guidelines for the Manager and Strategic Advisor Compensation Program. The appointing authority may award to a Manager or Strategic Advisor under his or her direction a lump sum payment of up to eight (( (8) )) percent of base salary, in addition to base salary, for recognition of the accomplishment of goals and work outcomes at the completion of an annual evaluation period. Any lump sum payment made pursuant to this section shall be considered a part of regular compensation, prorated annually, for purposes of withholding retirement contributions and calculating retirement benefits for affected employees who are members of the City Employees Retirement System.

Section 46. Subsections B, D, and E of Section 4.20.401 of the Seattle Municipal Code, which section was last amended by Ordinance 124167, is amended as follows:

B. Designation of Positions in Program: Each position included in the Electric Utility Executive Compensation Program shall be exempt from the classified service pursuant to Article XVI, Section 3 of the Charter of the City of Seattle. The Seattle Human Resources Director (( Personnel Director )) shall receive requests for inclusion of positions in the Electric Utility Executive Compensation Program from the City Light General Manager and Chief Executive Officer ("the General Manager and Chief Executive Officer ") and forward the recommendations to an Electric Utility Executive compensation committee that is composed of the Seattle Human Resources Director (( Personnel Director )), the City Budget Director, and a designee of the Mayor. From those positions recommended by the General Manager and Chief Executive Officer, this compensation committee shall from time to time designate positions specific to the electric utility that shall thereafter be included in the Electric Utility Executive Compensation Program because these positions require higher pay opportunities to be competitive in the markets where City Light competes for experienced executives. For each of these designated positions, the compensation committee shall determine, from the list in subsection A, the title and the associated pay zone to which that position shall be assigned. At no time may more than 15 positions be included in the Electric Utility Executive Compensation Program. The City Light Department is authorized to use the titles in this program only for the positions in the City Light Department that have been assigned those titles by the compensation committee. Authorization is not transferable to another position and cannot be used in another department.

D. Plan Document: The Seattle Human Resources Director (( Personnel Director )) is authorized to develop and publish guidelines and a plan document to support administration of this Electric Utility Executive Compensation Program.

E. Program Maintenance/No Cost of Living Adjustments: The Seattle Human Resources Director (( Personnel Director )) shall review the pay zones at least every two years and recommend to the City Council any pay zone adjustments the Director deems appropriate. The titles and position incumbents assigned to titles in the Electric Utility Executive Compensation Program are not eligible for cost of living adjustments that may be granted to other nonrepresented positions and employees.

Section 47. Section 4.20.430 of the Seattle Municipal Code, last amended by Ordinance 122364, is amended as follows:

4.20.430 Information Technology Professional (ITP) Compensation Program -Description(( . ))

A. There is established an Information Technology Professional Compensation Program to which positions identified as "Information Technology Professional" are assigned. The Seattle Human Resources Director (( Personnel Director )) is authorized to administer the Information Technology Professional Compensation Program and to develop and maintain a plan document that describes the program elements.

B. The Seattle Human Resources Director (( Personnel Director )) shall recommend to the City Council for approval, market adjustments to the pay zones annually. The market adjustment will be based upon labor market analysis of selected benchmark positions to be conducted as needed, and/or at least every two (( (2) )) years with the biennial budget. Program incumbents will receive an adjustment to their base salary to retain a competitive position in the labor market. No ITP incumbent shall be eligible for such an adjustment if his or her performance in the most recent evaluation cycle failed to be described as "satisfactory" or better. Other adjustments to base salaries must be made in accordance with Program Guidelines and within budget and spending guidelines.

C. The Seattle Human Resources Director (( Personnel Director )) will assign positions within the Information Technology Professional category to a pay zone.

D. Each employee in the Information Technology Professional Compensation Program will be assigned a base rate of pay within the pay zone by the appointing authority, upon the Seattle Human Resources Director's (( Personnel Director's )) approval. The Seattle Human Resources Director (( Personnel Director )) may delegate approval of base pay changes to the appointing authority. Such delegation may be rescinded at the discretion of the Seattle Human Resources Director (( Personnel Director )).

If during the initial program implementation in January 2000 the rate of pay received by an incumbent immediately prior to assignment to the Information Technology Professional Compensation Program is higher than the upper limit of the pay zone recommended by the Seattle Human Resources Director (( Personnel Director )), or is higher than the rate established for the position by the appointing authority, the employee will retain an incumbency rate of pay in such position until any market adjustments to the pay zone equal or exceed the incumbency rate; provided, the incumbency rating shall be maintained only as long as the duties assigned to the position are commensurate with the rate of pay.

E. The appointing authority may recommend a premium of up to (( twenty-five )) (( (25) )) 25 percent of base salary, not to exceed (( one hundred twenty-five )) (( (125) )) 125 percent of the maximum rate of Pay Zone A to any employee appointed to an IT Professional A exempt position in the Information Technology Professional Compensation Program. The Seattle Human Resources Director (( Personnel Director )) has the authority to approve or discontinue the premium. The premium shall be considered part of regular compensation for purposes of withholding retirement contributions and determining retirement benefits for affected employees who are members of the City Employees Retirement System.

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Section 48. Section 4.20.440 of the Seattle Municipal Code, enacted by Ordinance 119351, is amended as follows:

4.20.440 Power Marketing Compensation Program -Description(( . ))

A. There is established a Power Marketing Compensation Program to which positions identified as "Power Marketer" will be assigned. The Seattle Human Resources Director (( Personnel Director )) is authorized to implement the Power Marketing Compensation Program substantially in accord with the "Power Marketer Classification, Compensation and Sales Revenue Reward Plan Summary," which is incorporated by this reference. Revisions to titles and compensation components must be approved by the City Council. The title and pay zone established for the Power Marketer Compensation Program are:

Title Pay Zone

Power Marketer $24.90 - $43.20

B. The Seattle Human Resources Director (( Personnel Director )) shall recommend to the City Council for approval a market adjustment to the pay zone based on a labor market analysis to be conducted at least biennially.

C. The Seattle Human Resources Director (( Personnel Director )) will recommend to the City Council the assignment of each position within the Power Marketer category to this pay zone, and will establish criteria for subsequent allocation of positions to and withdrawal of positions from the Power Marketing Compensation Program.

D. Each employee appointed to a position within the Power Marketing Compensation Program will be assigned a base rate of pay within the pay zone by the appointing authority. If the rate of pay received by an incumbent immediately prior to assignment to the Power Marketing Compensation Program is higher than the upper limit of the pay zone recommended by the Seattle Human Resources Director (( Personnel Director )), or is higher than the rate established for the position by the appointing authority upon program implementation, the employee will retain an incumbency rate of pay until any market adjustments to the pay zone equal or exceed the incumbency rate; provided, the incumbency rating shall be maintained only as long as the duties assigned to the position are commensurate with the rate of pay.

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Section 49. Section 4.20.450 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.20.450 Establishing a Compensation Program(( . ))

As recommended by the Seattle Human Resources Director (( Personnel Director )), there is established a discretionary pay program to be known as the Investments/Debt Director Compensation Program to be used by the Department of Finance and Administrative Services.

A. Titles and Pay Band: The following titles are hereby created, and the corresponding pay band is established as shown, effective April 12, 2008:

Title Pay Band

Investments/Debt Director $38.31 - $76.63

Assistant Investments/Debt Director $38.31 - $76.63

Base pay for any position incumbent of the above titles shall be set by the appointing authority, and may not exceed the pay band maximum.

B. Program Administration: The Seattle Human Resources Director (( Personnel Director )) is authorized to develop and publish guidelines and a plan document to support the Department of Finance and Administrative Services in administration of the Investments/Debt Director Compensation Program. The Seattle Human Resources Director (( Personnel Director )) shall review the pay band at least every two years and, when appropriate, recommend a structure adjustment to the City Council. If the structure adjustment is approved by the City Council, the appointing authority shall determine whether position incumbents shall receive a base salary increase (market adjustment) to reflect any or all of the approved structure adjustment; provided, that no incumbent shall be eligible for the market adjustment if his or her performance in the most recent evaluation cycle failed to be described as "satisfactory" or better.

The positions within the Investments/Debt Director Compensation Program are not eligible for cost of living adjustments, which may be granted to other non-represented positions and employees.

Section 50. Section 4.20.880 of the Seattle Municipal Code, which section was enacted by Ordinance 124362, is amended as follows:

The Seattle Ethics and Election Commission and the Seattle Department of Human Resources (( City Personnel )) shall, within six months of the effective date of this ordinance, develop and present a plan for adoption by the Seattle Department of Human Resources (( City Personnel )) and the Seattle Ethics and Elections Commission that reaches the following goals ensuring:

A. City employees attend a Whistleblower Protection Code training offered by the Seattle Ethics and Elections Commission within six months of entering City service;

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Section 51. Section 4.21.080 of the Seattle Municipal Code, enacted by Ordinance 117321, is amended as follows:

4.21.080 Reporting of standby pay(( . ))

The appointing authority shall report as directed to the Seattle Human Resources Director (( Personnel Director )) all authorizations for standby pay and how each satisfied the criteria as stipulated in this chapter. The Seattle Human Resources Director (( Personnel Director )) shall provide a summary report of this information to the City Council on an annual basis.

Section 52. Subsection A of Section 4.24.040 of the Seattle Municipal Code, which section was last amended by Ordinance 124003, is amended as follows:

A. Compensation for absence of an officer or employee from duty for any reason contemplated in Section 4.24.035 shall be paid upon approval of such absentee's appointing authority or that authority's designee. In order to receive compensation for such absence, an officer or employee shall make himself or herself available for such investigation, medical or otherwise, as such appointing authority or the Seattle Human Resources Director (( Personnel Director )) deems appropriate. Either such appointing authority or the Seattle Human Resources Director (( Personnel Director )) may require a supporting report of a health care professional from the officer or employee. Compensation for absences beyond four (( (4) )) days shall be paid only after approval by such absentee's appointing authority or that authority's designee, of a request from the officer or employee supported by a report of the health care professional treating the officer or employee or an individual identified in (( SMC Section )) subsection 4.24.035 A . 2, or by a health care professional selected by the Seattle Human Resources Director (( Personnel Director )). Upon request by the employing unit, an employee shall provide documentation verifying cancellation of his or her child's school, daycare, or other childcare service or program for sick leave use as authorized in (( SMC 4.24.035 E )) subsection 4.24.035.E and (( SMC 4.24.035 F2 )) subsection 4.24.035.F.2 .

Section 53. Section 4.24.050 of the Seattle Municipal Code, last amended by Ordinance 107905, is amended as follows:

4.24.050 Temporary employees(( . ))

Employees on a temporary basis and not otherwise excluded who work on a definite and predetermined schedule over an extended period may receive sick leave compensation for scheduled work periods only, on the same basis as regular City employees. Determination as to an employee's eligibility under this provision shall be made by the Seattle Human Resources Director (( Personnel Director )).

Section 54. Section 4.24.060 of the Seattle Municipal code, last amended by Ordinance 107905, is amended as follows:

4.24.060 Refusal of approval by department head -(( R )) r eview by Seattle Human Resources Director (( Personnel Director) ).

At the request of the employee concerned the Seattle Human Resources Director (( Personnel Director )) shall review the refusal of a department head to approve a request for sick leave and the decision of the Seattle Human Resources Director (( Personnel Director )) shall be final.

Section 55. Section 4.24.070 of the Seattle Municipal Code, last amended by Ordinance 107905, is amended as follows:

4.24.070 Designation of beneficiary(( . ))

Any City officer or employee eligible for sick leave benefits under this subchapter may designate a beneficiary to receive a cash payment in an amount equal to (( twenty-five )) (( ( 25 ) )) percent of such officer's or employee's accumulated and unused sick leave, which designation shall be in writing and filed with the Seattle Human Resources Director (( Personnel Director )) and in the event of the death of such officer or employee while employed by the City, such payment shall be made to the designated beneficiary at the rate of pay of such officer or employee in effect on the day prior to his death; provided, that the provisions of this section shall not apply to officers and employees of the Police and Fire Departments who are members of the Washington Law Enforcement Officers' and Fire Fighters' Retirement System.

Section 56. Section 4.24.080 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.24.080 Authority to make rules -(( R )) r ecordkeeping(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to make the necessary rules and regulations to enforce and administer the provisions of this subchapter, to furnish the necessary forms and to keep the necessary records, provided that the Director of Finance and Administrative Services shall maintain all records of accumulated sick leave of active officers and employees.

Section 57. Section 4.24.090 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.24.090 Report on denial of paid sick leave(( . ))

The heads of departments shall report as to the final disposition of all cases when an employee has been included on the payroll for paid sick leave which subsequently is denied and shall make such other reports and keep such records as the Seattle Human Resources Director (( Personnel Director )) and the Director of Finance and Administrative Services shall require.

Section 58. Section 4.24.100 of the Seattle Municipal Code, last amended by Ordinance 115851, is amended as follows:

4.24.100 Sick leave transfer program(( . ))

A. The Seattle Human Resources Director (( Personnel Director )) shall implement by rule a sick leave transfer program allowing for the transfer of accumulated sick leave hours from the account of any officer or employee who desires to participate in such program to the accumulated sick leave hours account of another officer or employee designated by the donor-officer or -employee. Such sick leave transfer program shall include at least the following elements:

1. The sick leave being transferred shall be translated into a dollar figure based upon the donor-officer's or -employee's straight-time rate of pay.

2. An officer or employee may receive sick leave from a donor-officer or -employee if the appointing authority of the receiving officer or employee finds that:

a. The receiving officer or employee presently suffers from an illness, injury, impairment, or physical or mental condition, and it has caused, or is likely to cause, the receiving officer or employee to:

(( (1) )) i. Go on leave without pay, or

(( (2) )) ii. Leave City employment;

b. The receiving officer's or employee's absence and the use of contributed leave are justified;

c. Depletion of the receiving officer's or employee's available accumulated sick leave has occurred or is imminent;

d. The receiving officer or employee has diligently attempted to accrue sick leave reserves; and

e. The receiving officer or employee is not eligible for benefits under (( SMC )) Chapter 4.44 or under the State Industrial Insurance and Medical Aid Acts.

3. The Seattle Human Resources Director (( Personnel Director )) shall establish, by rule, limits for:

a. The maximum number of hours of sick leave a receiving officer or employee may personally have accrued before such officer or employee may receive sick leave hours from another officer or employee;

b. The minimum number of sick leave hours a donor-officer or -employee must have accrued and must retain if allowed to transfer additional accrued sick leave hours to another officer or employee;

c. The maximum number of accrued sick leave hours that a donor-officer or -employee may transfer to another officer or employee; and

d. The maximum number of sick leave hours, as equated to the receiving officer's or employee's straight-time rate of pay, that a receiving officer or employee may receive, which number, in no event, shall exceed (( five hundred sixty )) (( (560) )) 560 hours.

4. The donor-officer or -employee and the receiving officer or employee shall each file with the appointing authority for their respective employing units their affidavit or declaration, in a form provided by the Seattle Human Resources Director (( Personnel Director )), acknowledging that such sick leave transfer is intended to be a gift and has been or will be accomplished for no, or without the exchange of any, compensation or consideration whatsoever.

5. Hours of donated sick leave shall no longer be used by the receiving officer or employee once the medical or mental condition upon the basis of which donated sick leave was received ceases to exist. Unused donated sick leave remained in the receiving officer's or employee's account shall be returned to the donor-officer(s) or employee(s) in accordance with rules established by the Seattle Human Resources Director (( Personnel Director )).

B. The appointing authority of an officer or employee who requests to receive donated sick leave shall report in a manner to be prescribed by the Seattle Human Resources Director (( Personnel Director )), the approval for and receipt of any such sick leave and/or the denial of any such request to receive donated sick leave.

Section 59. Section 4.24.220 of the Seattle Municipal Code, last amended by Ordinance 107905, is amended as follows:

4.24.220 Notification of unused sick leave and rates of pay(( . ))

The Seattle Human Resources Director (( Personnel Director )) of the City, or other responsible boards or commissions shall notify the Board of Administration of the City Employees' Retirement System in writing of the unused and accumulated sick leave and the applicable hourly rate of pay of retiring members of the retirement system.

Section 60. Section 4.26.080 of the Seattle Municipal Code, enacted by Ordinance 116761, is amended as follows:

4.26.080 Rulemaking(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to promulgate such rules as are necessary to apply or interpret this chapter.

Section 61. Section 4.28.020 of the Seattle Municipal Code, last amended by Ordinance 114648, is amended as follows:

4.28.020 Definitions(( . ))

A. For the purpose of this chapter, the term "close relative" means the spouse or domestic partner, child, mother, father, brother, sister, grandchild, grandfather or grandmother of an officer or employee or of the spouse or domestic partner of such officer or employee. "Relative other than close relative" means the uncle, aunt, cousin, niece, or nephew of such officer or employee; or the spouse or domestic partner of the brother, sister, child or grandchild of such officer or employee; or the uncle, aunt, cousin, niece, nephew, spouse or domestic partner of the brother or sister of the spouse or domestic partner of such officer or employee.

B. For the purpose of this chapter, the term "domestic partner," when used in reference to a person other than the domestic partner of an officer or employee, means a person identified by the officer or employee as the relative's domestic partner in an affidavit or declaration of domestic partnership in form prescribed therefor by the Seattle Human Resources Director (( Personnel Director )).

Section 62. Section 4.30.010 of the Seattle Municipal Code, last amended by Ordinance 121771, is amended as follows:

4.30.010 Establishment of eligibility for certain funeral leave and nonpersonal sick leave uses(( . ))

* * *

B. The Seattle Human Resources Director (( Personnel Director )) shall specify, by rule, what documentation, if any, that a person who is a City officer or employee and who is (1) married, or (2) participating in a domestic partnership, must provide to the appointing authority of such officer's or employee's employing unit to establish City knowledge of such officer's or employee's participation in a marriage or domestic partnership and the eligibility of that officer or employee to use sick leave under (( SMC )) Chapter 4.24 for the care of his or her spouse, domestic partner, or the parent or child of his or her spouse or domestic partner, and funeral leave under (( SMC )) Chapter 4.28 in connection with the death of a spouse or domestic partner or any other person added by this chapter, or family and medical leave under the terms and conditions of Chapter 4.26.

C. An officer or employee may file the documentation required under subsections A or B of this section only:

1. Within the first (( thirty )) (( (30) )) 30 days after the commencement date of his or her marriage or domestic partnership;

2. Within the first (( thirty )) (( (30) )) 30 days after the commencement or recommencement of such officer's or employee's service; and

3. During an open enrollment period of (( ninety )) (( (90) )) 90 days as specified by the Seattle Human Resources Director (( Personnel Director )) following the effective date of the ordinance codified herein and, thereafter, during a regular annual open enrollment period as specified by the Seattle Human Resources Director (( Personnel Director )).

Section 63. Section 4.30.020 of the Seattle Municipal Code, last amended by Ordinance 121029, is amended as follows:

4.30.020 Affidavit of marriage/domestic partnership(( . ))

The documentation sufficient to qualify an officer or employee to use sick leave or funeral leave or family and medical leave as contemplated in subsection A of (( SMC )) Section 4.30.010 shall consist of an affidavit in a form prescribed and furnished by the Seattle Human Resources Director (( Personnel Director )), on which such officer or employee dates and signs his or her name and:

* * *

Section 64. Section 4.30.030 of the Seattle Municipal Code, enacted by Ordinance 114648, is amended as follows:

4.30.030 Notice of termination of domestic partnership(( . ))

For the purposes of this chapter, a domestic partnership that has been acknowledged as contemplated in subsection A or B of (( SMC )) Section 4.30.010 shall be effectively terminated upon the death of a domestic partner or on the ninetieth day after notice of the termination thereof was provided to the City in the form prescribed therefor by the Seattle Human Resources Director (( Personnel Director )), whichever is earlier.

Section 65. Section 4.33.010 of the Seattle Municipal Code, enacted by Ordinance 118958, is amended as follows:

4.33.010 Sabbatical Leave Program established(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to modify or promulgate personnel rules to establish and administer a Citywide Sabbatical Leave Program consistent with the following provisions:

* * *

Section 66. Section 4.34.075 of the Seattle Municipal Code, which section was enacted by Ordinance 123788, is amended as follows:

A. Any employee who earns vacation under (( Seattle Municipal Code )) Chapter 4.34 and who is otherwise eligible to use vacation may voluntarily authorize the conversion of accumulated and unused vacation balances to cash for transmission by the City to a designated agency for the purposes of funding natural disaster relief. An employee may not convert more than 20 hours of his or her vacation time over the course of a calendar year, and must convert vacation time in one-hour increments. An employee may only convert vacation time for donation of funds to an agency designated under the process and consistent with the criteria provided in (( Seattle Municipal Code 4.34.075(C) )) 4.34.075.C and for a natural disaster or disasters designated under the process and consistent with the criteria provided in (( Seattle Municipal Code 4.34.075(B) )) subsection 4.34.075.B .

1. The Seattle Human Resources Director (( Personnel Director )) shall provide and the donating employee shall sign a form stating the employee's consent to and approval of conversion of vacation hours. The employee shall state the number of vacation hours to be converted to cash for donation, and shall identify the relief agency that shall receive the funds.

2. The amount of vacation donated by any employee shall be converted to cash at the straight-time base rate of pay in effect for the employee's regular position title, exclusive of premium, shift differential or longevity payment at the time of donation.

3. The cash resulting from the converted vacation hours shall be transmitted by the Seattle Human Resources Director (( Personnel Director )) to the designated agency or agencies specifically for use in the relief efforts related to natural disasters authorized by (( Seattle Municipal Code )) Section 4.34.075.

4. Participating employees' accumulated and unused vacation balances shall be reduced by the number of hours designated for conversion to cash. The Director of Department of Finance and Administrative Services will adjust the accumulated and unused vacation balances for employees who select to participate in the natural disaster giving opportunities. The Seattle Department of Human Resources (( Personnel Department )) working with the Department of Finance and Administrative Services may execute, deliver and perform program and administrative duties to complete the transfers of cash donations from vacation leaves to relief agencies.

B. For the purposes of administering (( Seattle Municipal Code )) Section 4.34.075, a natural disaster is defined as the effect of a natural hazard (e.g. earthquake, flood, or landslide) on human populations. The Seattle Human Resources Director (( Personnel Director )) in consultation with the Director of the Office of Emergency Management shall designate which natural disasters qualify for employee donations via vacation conversion under (( Seattle Municipal Code 4.34.075(A) )) subsection 4.34.075.A , consistent with the following criteria:

1. The natural disaster affects a significant portion of the country or region's population and/or results in significant damage to the affected country or region's infrastructure; and

2. The natural disaster affects a country or region that lacks the ability and/or resources to effectively respond to the disaster; and

3. The natural disaster is of a magnitude that only two to three such disasters occur in a typical year.

C. The Seattle Human Resources Director (( Personnel Director )) in consultation with the Director of the Office of Emergency Management shall designate which agencies qualify for employee donations via vacation conversion under (( Seattle Municipal Code 4.34.075(A) )) 4.34.075.A , consistent with the following criteria:

1. The agency is internationally recognized as a leader in disaster relief and as an effective responder to natural disasters; and

2. The agency is a non-partisan, non-governmental entity.

D. The Seattle Human Resources Director (( Personnel Director )) shall provide a report each year by December 31 to the Chair of the Finance and Budget Committee listing the relief agencies and natural disasters that qualified and received donations under (( SMC 4.34.075(A) )) 4.34.075.A , as well as the number of hours converted and total dollars donated for natural disaster relief.

Section 67. Subsection E of Section 4.34.100 of the Seattle Municipal Code, which section was enacted by Ordinance 117301, is amended as follows:

E. Break in (( S )) s ervice. The accrual rate increases in this section are based on employment with the City without a voluntary break in service. For vacation accrual purposes, "voluntary break in service" must be greater than (( thirty (30) )) 30 days and is defined as a quit, resignation, service retirement, separation of temporary employee as shown in the (( Personnel Payroll System )) employee's record , or failure to return from unpaid leave of absence. If an employee has not worked for at least one (( (1) )) calendar year, a voluntary break in service is presumed.

Section 68. Subsection E of Section 4.36.100 of the Seattle Municipal Code, which section was last amended by Ordinance 121365, is amended as follows:

E. Election (( U )) u nder (( S )) s tatutory (( R )) r ight. An officer or employee, who has a statutory right to continue his or her membership in a retirement system of the State of Washington or the United States of America during his or her City service may in lieu of membership in the City Employees' Retirement System arrange with the Seattle Human Resources Director (( Personnel Director )) for a deduction from his or her pay and the City's payment for retirement system purposes to be paid directly to his or her other governmental retirement system.

Section 69. Subsections A and E of Section 4.36.130 of the Seattle Municipal Code, which section was last amended by Ordinance 123361, is amended as follows:

A. There is created and established a Retirement System Board of Administration which shall, under the provisions of this chapter and the direction of the City Council, administer the retirement and death benefit systems and the retirement fund created by this chapter. Under and pursuant to the direction of the City Council, the Board shall provide for the proper investment of the moneys in the retirement fund. The Board of Administration shall consist of seven members as follows:

1. The Chair of the Finance and Budget Committee of the City Council;

2. The City Director of Finance;

3. The Seattle Human Resources Director (( City Personnel Director ));

* * *

E. The Chair of the Finance and Budget Committee of the City Council shall be ex officio chair, the Seattle Human Resources Director (( Personnel Director )) ex officio Secretary, and the Director of Finance ex officio Treasurer of the Board.

Section 70. Subsection B and C of Section 4.40.010 of the Seattle Municipal Code, which section was last amended by Ordinance 107063, is amended as follows:

B. The Seattle Human Resources Director (( Director of Personnel )) is authorized and directed to administer the unemployment insurance program, and in such connection may promulgate administrative regulations from time to time in the manner provided in the Administrative Code (Ordinance 102228) to carry out the intent and purpose of this chapter. The Director is further authorized to contract for necessary consulting services, for reinsurance, and for such other services as may be necessary from time to time to administer the unemployment insurance program.

C. Beginning January 1, 1978, the Seattle Human Resources Director (( Director of Personnel )) shall administer an unemployment insurance claims management system. The Director shall have the authority to employ such persons, in accordance with civil service laws and rules, make such expenditures, require such reports, make such investigations and to take such other action as he deems necessary or suitable in limiting the City's unemployment compensation liability and in operating a claims management system. The Director shall also coordinate and manage all recordkeeping and reporting functions required under the State Employment Tax Act and the Director is designated as the liaison for unemployment insurance purposes between the City, state and/or federal officials and agencies. All department heads are directed to cooperate with and aid the Seattle Human Resources Director (( Director of Personnel )) in the operation of a successful claims management system.

Section 71. Section 4.40.020 of the Seattle Municipal Code, last amended by Ordinance 120489, is amended as follows:

4.40.020 Unemployment Insurance Subfund established(( . ))

There is established in the City Treasury, as a special subfund of the General Fund, an "Unemployment Insurance Subfund." The unemployment insurance program established by this chapter shall be funded by appropriate billings from the Seattle Human Resources Director (( Personnel Director )) to all departments with eligible employees and such other revenues as may be authorized by ordinance.

* * *

Section 72. Subsections A and C of Section 4.44.020 of the Seattle Municipal Code, which section was last amended by Ordinance121771, is amended as follows:

A. Any City officer or employee otherwise entitled to sick leave and vacation benefits and for whom State Industrial Insurance and Medical Aid is provided, including temporary workers who qualify for sick leave and vacation pursuant to (( Seattle Municipal Code 4.20.055 (B) )) subsection 4.20.055.B , who shall be disabled in the discharge of his or her duties, and whose disablement results in absence from his or her regular duties, shall receive compensation, except as otherwise hereinafter provided, from the City in the amount his or her normal pay exceeds any state disability compensation to equal (( eighty (80) )) 80 percent of the employee's normal hourly rate of pay, not to exceed (( two hundred sixty-one (261) )) 261 regularly scheduled workdays counted from the first regularly scheduled workday on or after the fourth calendar day following the injury; provided, the disability sustained must qualify the employee for benefits under State Industrial Insurance and Medical Aid Acts. Such compensation shall be authorized by the Seattle Human Resources Director (( Personnel Director )), or his or her designee, with the advice of such employee's department head, on request from the employee supported by satisfactory evidence of medical treatment of the illness or injury giving rise to such employee's claim for compensation under this chapter. Such employee shall continue to receive compensation at the rate provided for herein until such employee returns to full-time active duty or such employee exhausts his or her benefits hereunder, whichever occurs first.

C. An employee's department head may recommend to the Seattle Human Resources Director (( Personnel Director )) denial of the employee's claim for benefits under the State Industrial Insurance and Medical Aid Acts and under this chapter, and the Seattle Human Resources Director (( Personnel Director )) shall evaluate such recommendation and, if the Director concurs in such recommendation, request denial by the State Department of Labor and Industries of the employee's claim under said state acts. If the Seattle Human Resources Director (( Personnel Director )) requests such denial, the employee shall be continued on the payroll of his or her department receiving continuous pay at a rate to be determined by the Seattle Human Resources Director (( Personnel Director )) pursuant to applicable state law and City ordinances, until the State Department of Labor and Industries has reviewed and denied such claim.

Section 73. Section 4.44.040 of the Seattle Municipal Code, last amended by Ordinance 104878, is amended as follows:

4.44.040 Employment of disabled person in other suitable duties(( . ))

Any employee eligible for the benefits provided by this chapter whose disability prevents him from performing his regular duties but, in the judgment of his physician could perform duties of a less strenuous nature, shall be employed at his normal rate of pay in such other suitable duties as the department head shall direct, with the approval of such employee's physician, until the Seattle Human Resources Director (( Personnel Director )) requests closure of such employee's claim pursuant to this chapter or state law.

Section 74. Section 4.44.050 of the Seattle Municipal Code, last amended by Ordinance 104878, is amended as follows:

4.44.050 Authority to make rules and regulations(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to make such rules and regulations as are necessary for the administration of the provisions of Sections 4.44.020, 4.44.030, and 4.44.040.

Section 75. Section 4.44.070 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.44.070 City's self-insurance program(( . ))

The Seattle Human Resources Director (( Personnel Director )) shall administer the City's self-insurance program for worker's compensation; establish rules and procedures for the administration of benefits; in consultation with the Director of Finance and Administrative Services adjust rates of contributions from the respective City departments to reflect their cost experience; contract for consulting services; and, through the Director of Finance and Administrative Services, contract for reinsurance and other services and similar items as may be required to administer such program.

Section 76. Section 4.50.010 of the Seattle Municipal Code, last amended by Ordinance 119762, is amended as follows:

4.50.010 Administration of certain benefit programs(( . ))

Consistent with annual budgets of the City and other applicable City law, the Seattle Human Resources Director (( Personnel Director )) is hereby authorized and directed to:

* * *

B. Administer and make such modifications to the City's group life, long-term disability, and voluntary accidental death and dismemberment insurance coverages for the betterment of eligible City officers' and employees' health and welfare for represented employees whose unions have negotiated benefit changes, and for nonrepresented employees as the Seattle Human Resources Director (( Personnel Director )) deems appropriate, provided such modifications fall within biennial budget limitations established by the City Council;

* * *

D. Administer and make such modifications to the City's medical plans and group dental plans, for the betterment of eligible City officers' and employees' health and welfare as may be agreed upon by the Joint Labor-Management Health Care Committee for employees whose union representatives are a party to the memorandum of understanding forming that committee, for represented employees whose unions are not a party to the memorandum of understanding but have negotiated benefit changes otherwise, and for nonrepresented employees as the Seattle Human Resources Director (( Personnel Director )) deems appropriate, provided such modifications fall within biennial budget limitations established by the City Council; and

* * *

Section 77. Section 4.70.025 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.70.025 Seattle Human Resources Director (( Personnel Director )) to establish reimbursement rate(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized and directed to establish annually, after consultation with the Director of Finance and Administrative Services, a standard mileage rate at which the City shall reimburse any City officer or employee whose compensation is not otherwise fixed by a collective bargaining agreement, providing and using for City business purposes a non-City-owned automobile (including a van, pickup or panel truck) without following the rule-making procedures of Chapter 3.02. The standard mileage rate shall be set at a level to cover the average cost of providing and using such automobiles, provided that the standard mileage rate shall not exceed the standard business-purposes mileage rate periodically prescribed by the Commissioner of Internal Revenue.

Section 78. Section 4.77.020 of the Seattle Municipal Code, enacted by ordinance 117418, is amended as follows:

4.77.020 Purpose and authority(( . ))

The Seattle Human Resources Director (( Personnel Director )) shall adopt a "Drug-free Workplace and Drug and Alcohol Testing Plan" consistent with applicable state and federal laws and City policies including but not limited to the Drug-free Workplace Act of 1988 (P.L. 100-690, 41 USC Section 701 et seq.); regulations of federal agencies, 54 Federal Register 4947 et seq. and 49 CFR 6363-4; provisions of the Omnibus Transportation Employee Testing Act of 1991 (Title XII, P. L. 99-570, 49 USC Section 3120) for drug and alcohol testing of certain employees, the implementing regulations of the Department of Transportation, 49 CFR 382 et al., 49 CFR Part 40, and regulations of other federal agencies applicable to City employees under that law; and the Washington State Industrial Safety and Health Act, RCW 49.17 and regulations of the Department of Labor, WAC 296.24.073.

Section 79. Section 4.77.040 of the Seattle Municipal Code, enacted by Ordinance 117418, is amended as follows:

4.77.040 A drug-free workplace and drug and alcohol testing program manual(( . ))

The Seattle Human Resources Director (( Personnel Director )) shall be responsible for the development and administration of programs and procedures necessary to implement the purposes of this chapter including but not limited to the "Drug-free Workplace and Drug and Alcohol Testing Plan" and shall develop a drug and alcohol testing program manual to implement the federal regulations and other aspects of the plan that may require drug and alcohol testing.

Section 80. Section 4.77.050 of the Seattle Municipal Code, enacted by Ordinance 117418, is amended as follows:

4.77.050 Contract for testing service provider(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to enter into an agreement with an alcohol and drug testing service provider. The service provider must meet or exceed applicable standards and qualifications as set forth in state and federal regulations as provided for in Section 4.77.020.

Section 81. Section 4.78.020 of the Seattle Municipal Code, enacted by Ordinance 120938, is amended as follows:

4.78.020 Workplace Violence Prevention Program authorized(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to develop, implement and promulgate rules for the administration of a Workplace Violence Prevention Program. The Program shall include but not be limited to: security assessment; violence prevention and control; training; reporting and investigation of and response to workplace violence incidents; and program evaluation.

Section 82. Section 4.79.020 of the Seattle Municipal Code, enacted by Ordinance 121074, is amended as follows:

4.79.020 City of Seattle Employee Safe Driving Program authorization(( . ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to develop, implement, and promulgate rules for the administration of the City of Seattle Employee Safe Driving Program. The Program shall establish management, supervisory, and employee responsibilities, including but not limited to:

* * *

Section 83. Section 4.86.020 of the Seattle Municipal Code, enacted by Ordinance 118966, is amended as follows:

4.86.020 Administration(( . ))

The Seattle Human Resources Director (( Personnel Director )) or a designated representative will administer the Seattle Works! Excellence Awards Program, including establishing a nomination process, and convening an interdepartmental awards selection committee. The awards selection committee will establish award categories, accept nominations, and select award recipients based on the relative merit of their achievements. The committee may revise the award categories as needed to reflect the City's values and business objectives.

Section 84. Subsections A and C of Section 4.88.010 of the Seattle Municipal Code, which section was last amended by Ordinance 121116, is amended as follows:

4.88.010 Recognition of service(( . ))

A. City Service Award Program. The Seattle Human Resources Director (( Personnel Director )) is authorized to establish and administer a City Service Award Program for recognition of completion of continuous service in the amounts of (( twenty (20) )) 20 , (( twenty-five (25) )) 25 , (( thirty (30) )) 30 , (( thirty-five (35) )) 35 , (( forty (40) )) 40 , (( forty-five (45) )) 45 , and (( fifty (50) )) 50 years. Eligible employees shall receive an award, inscribed with the Mayor's signature, in a formal presentation at an appropriate venue. Service recognition for (( fifty (50) )) 50 years and beyond is to be recognized by special action of the Mayor and the City Council but not inconsistent with the general plan provided for in this chapter. Funding for the City service awards shall be included in each department's biennial budget.

C. The Seattle Human Resources Director (( Personnel Director )) shall be solely responsible for the determination of an employee's length of continuous service based on official personnel and payroll records.

Section 85. Section 4.94.030 of the Seattle Municipal Code, last amended by Ordinance 118912, is amended as follows:

4.94.030 Administration(( . ))

The administration of the safety and performance award programs shall be vested in department heads. Rules, standards, criteria guidelines and programs developed by each department shall be transmitted to the Seattle Human Resources Director (( Personnel Director )) for approval, prior to implementation, as to compliance with generally applicable cost benefit criteria, and for approval as to compliance with generally applicable personnel standards. The Seattle Human Resources Director (( Personnel Director )) shall monitor the programs at least annually to assure continued compliance with these criteria, and be satisfied that the benefits of the program are real and not the result of any practice or occurrence which the Director decides has made it incorrectly appear that a savings or increase in level of service has occurred.

Section 86. Section 4.94.040 of the Seattle Municipal Code, last amended by Ordinance 119951, is amended as follows:

4.94.040 Criteria(( . ))

Participating department heads and the Seattle Human Resources Director (( Personnel Director )) shall consider as appropriate bases for awards those benefits including, but not limited to, the following:

* * *

Section 87. Section 4.94.050 of the Seattle Municipal Code, last amended by Ordinance 118912, is amended as follows:

4.94.050 Awards(( . ))

Safety and performance award recipients shall be designated by department heads who shall transmit such information and all supporting documentation to the Seattle Human Resources Director (( Personnel Director )) and to the Chair of the City Council Finance Committee.

Section 88. Section 4.94.060 of the Seattle Municipal Code, last amended by Ordinance 118912, is amended as follows:

4.94.060 Reports(( . ))

Participating department heads and the Seattle Human Resources Director (( Personnel Director )) are directed to file a report with the Mayor and with the Chair of the Finance Committee of the City Council on or before March 31st of each year setting forth in detail the administration of the award programs for the previous year.

Section 89. Section 4.94.070 of the Seattle Municipal Code, last amended by Ordinance 118912, is amended as follows:

4.94.070 Condition of employment(( . ))

It is a condition of employment with the City that employees meeting the requirements of the program, as set forth in this chapter and as implemented by the department heads and the Seattle Human Resources Director (( Personnel Director )), shall be entitled to receive the benefits of the program.

Section 90. Section 4.100.020 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

4.100.020 Plan, policies and administration(( . ))

The Director of Finance and Administrative Services and the Seattle Human Resources Director (( Personnel Director )) shall be responsible for developing plans, policies, and procedures to guide, implement, administer and monitor those salary reduction programs authorized in Section 4.100.010 of this chapter. The Seattle Human Resources Director (( Personnel Director )) shall bill and collect from City departments and offices on a monthly, quarterly or annual basis the FICA and Medicare savings realized from salary reduction agreements entered into between employees and the City for the dependent care and health care savings accounts (i.e., flexible spending accounts) pursuant to the Internal Revenue Code, 26 U.S.C. Sections 125 and 129. FICA and Medicare revenue collected under this authority shall be deposited into the Health Care Subfund to offset the administrative costs of the salary reduction agreements.

Section 91. Subsection F of Section 5.09.020 of the Seattle Municipal Code, which section was last amended by Ordinance 123361, is amended as follows:

F. "Department" means each of the following departments, offices, or other entities: the Department of Finance and Administrative Services, Department of Information Technology, Department of Neighborhoods, Department of Parks and Recreation, Department of Planning and Development, Human Services Department, Law Department, Legislative Department, City Budget Office, Office of Arts and Cultural Affairs, Office of Economic Development, Office of Housing, Office of Intergovernmental Relations, Office of Sustainability and Environment, Office of the Mayor, Seattle Department of Human Resources (( Personnel Department, )) Seattle Center, Seattle City Light, Seattle Fire Department, Office for Civil Rights, Seattle Police Department, Seattle Public Utilities and Seattle Department of Transportation. If the name of any Department is changed, or if a function or functions of any Department are transferred to another entity within City government, then the term "Department" shall also include the renamed Department and the entity taking over the function or functions.

Section 92. Section 5.33.020 of the Seattle Municipal Code, last amended by Ordinance 124167, is amended as follows:

5.33.020 Small grants; acceptance

The City Auditor, the Director of Finance and Administrative Services, the Director of Planning and Development, the City Attorney, the General Manager and Chief Executive Officer of City Light, the Executive Director of the Employees' Retirement System, the Executive Director of the Ethics and Elections Commission, the Executive Secretary of the Firefighters' Pension System, the Administrative Director of the Legislative Department, the Mayor, the Presiding Judge of the Municipal Court, the Seattle Human Resources Director (( Director of Personnel )), the Executive Secretary of the Police Relief and Pension System, the Director of Transportation, the Fire Chief, the Director of the Human Services Department, the Chief Technology Officer, the Superintendent of Parks and Recreation, the Chief of Police, the Director of Seattle Center, the Seattle City Librarian, the Director of Seattle Public Utilities, the Director of the Department of Neighborhoods, the City Budget Director, and the directors of each of the offices other than commissions governed by (( SMC )) Chapter 3.14, are authorized to accept small grants from non-City sources for purposes that are consistent with the function and authority conferred upon the agency of each such respective officer, and to execute, deliver, and perform corresponding agreements.

Section 93. Section 5.78.130 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:

5.78.130 Expenditures - Seattle Human Resources Director (( Personnel Director. ))

The Seattle Human Resources Director (( Personnel Director )) is authorized to direct expenditures for the donations made to programs of the Seattle Department of Human Resources (( Personnel Department )) in the City's Gift Catalogue as designated by the donor; and the City Director of Finance and Administrative Services is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Seattle Human Resources Director (( Personnel Director )) as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services may elect to make payment by check.

Section 94. Subsection A.1 of Section 10.02.060.A.1 of the Seattle Municipal Code, which section was last amended by Ordinance 123668, is amended as follows:

A. There shall be a Disaster Management Committee consisting of:

1. The department heads or their designees of the following departments and offices, or their successor agencies: City Light, the City Budget Office, the Office of Economic Development, the Department of Finance and Administrative Services, the Seattle Fire Department, the Office of Housing, the Human Services Department, the Department of Information Technology, the Office of Intergovernmental Relations, the Law Department, the Legislative Department, the Department of Parks and Recreation, the Seattle Department of Human Resources (( Personnel Department )), the Seattle Police Department, Seattle Public Library, the Department of Neighborhoods, Seattle Center, the Office of Sustainability and the Environment, Seattle Public Utilities, and the Seattle Department of Transportation; and

* * *

Section 95. Section 10.02.090 of the Seattle Municipal Code, last amended by Ordinance 120181, is amended as follows:

10.02.090 Seattle Department of Human Resources (( Personnel Department. ))

The Seattle Department of Human Resources (( Personnel Department )) with the cooperation of City departments shall be responsible for the registration of City employees and volunteers as civil defense or emergency services workers pursuant to RCW Chapter 38.52 and shall formulate and recommend a plan and program for compensation and reimbursement of persons so registered.

REPEALING OBSOLETE SECTION 4.04.190 OF THE SEATTLE MUNICIPAL CODE

Section 96. Section 4.04.190 of the Seattle Municipal Code, enacted by Ordinance 107790, is repealed.

(( 4.04.190 Employee incentives.

The Personnel Director shall develop proposals for employee incentive programs, including proposals for merit pay based upon employee performance evaluation, and shall report such proposals to the Mayor and City Council by July 1, 1979. ))

UNCODIFYING SECTION 4.04.270 OF THE SEATTLE MUNICIPAL CODE

Section 97. Section 4.04.270 of the Seattle Municipal Code, which was enacted by Ordinance 107790, and the text of which appears below, is uncodified and shall be removed from the Seattle Municipal Code.

(( 4.04.270 )) Transition.

This chapter effects major changes in the City's personnel system. In order that the business of the City may continue without major hiatus during implementation of this new personnel system, the following transitional provisions are authorized and made:

A. Upon the effective date of the ordinance codified in this chapter, the appointment of each employee of the City is ratified and confirmed.

B. Upon the effective date of the ordinance codified in this chapter, all regular employees of the City shall remain regular employees of the City, without loss of accrued vacation, sick leave, compensation time, or like benefit, if any, which is also recognized under the new personnel system.

C. Upon the effective date of the ordinance codified in this chapter, probationary employees shall remain probationary employees without loss of accrued vacation, sick leave, compensation time, service time accrued toward regular employment, or like benefit, if any, which is also recognized under the new personnel system.

D. Upon the effective date of the ordinance codified in this chapter, provisional employees shall become probationary employees of the City without loss of accrued vacation, sick leave, or compensation time or like benefit, if any, which is also recognized under the new system.

E. The accrued vacation, sick leave, compensation time, or like benefit of every employee, if such benefit exists, is preserved upon the effective date of the ordinance codified in this chapter; provided, that such benefit is a sort recognized under the new system.

F. Upon the effective date of the ordinance codified in this chapter, the Civil Service Commission shall assume jurisdiction over appeals previously made by employees, who are not members of the public safety personnel system, to the previous Civil Service Commission. The Commission shall hear such cases under its choice of previous Civil Service Laws and Rules or newer rules of the Personnel Director, whichever set of rules is deemed fairer to the employee.

G. Upon the effective date of the ordinance codified in this chapter, the existing job classifications in the City are ratified and confirmed, and shall remain in effect until changed.

H. The responsibilities for administration of all the records, books, and papers of the Retirement Board relating to employee benefits other than those relating to the Retirement Program, the Group Term Life Insurance program, and the disability program established for members of the Retirement System (Ordinance 78444), namely, those records, books, and papers relating to employee health care (Ordinance 8384), vacation (Ordinance 86799), sick leave (Ordinance 88522), dental care (Ordinance 100862) and all other employee benefits, are transferred to the Personnel Department.

I. The Civil Service Commission heretofore appointed pursuant to Charter Article XVI, prior to its 1977 amendments, is terminated. All of the offices, equipment, and properties of such Civil Service Commission, and all of its records, books, and papers are transferred to the Public Safety Commission established pursuant to the provisions of this chapter; provided, that records, books, and papers relating to employees and positions of employment not a part of the Public Safety Civil Service Commission are transferred to the Personnel Department established pursuant to Charter Article XVI and this chapter; except for such records as relate to employee grievances; and provided, further that all such records relating to grievances of employees not covered by the Public Safety Civil Service Commission are transferred to the Civil Service Commission established pursuant to Charter Article XVI as amended in 1977, and pursuant to the terms of this chapter.

J. Insofar as they are not in conflict with the terms of this chapter, the Civil Service Rules of the City adopted February 17, 1965, as amended as of December 31, 1978, are adopted as the rules of the Personnel Department established pursuant to the terms of Charter Article XVI as amended in 1977 and the terms of this chapter, until such rules are amended or repealed by the Personnel Director.

K. The adoption of this chapter and rules adopted pursuant hereto shall not affect the provisions of any existing collective bargaining agreement between an employee organization and the City.

MISCELLANEOUS PROVISIONS FOR ENACTING THIS ORDINANCE

Section 98. All Sections of this Ordinance will become effective on October 1, 2014, or on the effective date of this ordinance, whichever is later.

Section 99. The Seattle Human Resources Director, under the authority of the Mayor, shall have the power to make all administrative decisions necessary to carry out the intent of this ordinance.

Section 100. The headings in this ordinance are for reference purposes only. They have no legal effect, and shall not be codified.

Section 101. In the event any section or subsection of the Seattle Municipal Code purported to be amended or recodified herein has heretofore been repealed, that earlier repeal shall be given full effect, and nothing in this ordinance shall be construed to re-enact or preserve that section or subsection.

Section 102. It is the express intent of the City Council that, in the event a subsequent ordinance refers to the Personnel Department, that reference shall be deemed to be the Seattle Department of Human Resources consistent with this ordinance.

Section 103. It is the express intent of the City Council that, in the event a subsequent ordinance refers to or amends a section or subsection of the Seattle Municipal Code or a previously enacted ordinance that is amended or recodified herein, but the later ordinance fails to account for the change made by this ordinance, the two sets of amendments should be given effect together if at all possible.

Section 104. This ordinance does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this ordinance or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.

Section 105. The several provisions of this ordinance are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of its application to other persons or other circumstances.

Section 106. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Susan L Coskey/sb / Martha Lester PER Dept Name Change ORD July 10, 2014 Version #6