HomeMy WebLinkAbout1980-01-24 Council Packet - Work SessionKenai City Council
Work Session
January 24, 1980
Proposed Amendments to Ordinance
537-79
Lobbying for CIP
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NOTICE=
~ , There will be a work session of the Kenai City Ceuncil on
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Thursdaq. Januarq 24, 1980 at ?: 00 PM at the Public fiafety
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~ ; Building. The purpose of the meeting will be to discuss:
-, ~ 1. Proposed amendments to the Ord. 537-79, Personnel Ord.
~ 2. The lobbying effort for the capital improvement program.
~. ~ J et Whelan. City Clerk
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1-21-80
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M E M O R A N D U M
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To: Honorab<e Mayor & City Council
From: Ben T. Delahay, City Attoraey
Re: Proposed Amendments to Ordinance 537-79
(Personnel Ordinance)
Date: January 23, 1980
In compliance with direction of Council I am attaching
hereto proposed amendtuents to the above ordinance which
would accomplish what various employees suggested at the
public hearinq on this ordinance.
In some instances, the statements before the Council dif-
fered somewhat from the written notes or requests by personnel,
but I have endeavored to correlate the various suqqestions
in the followinq amendments. Some of the thinqs mentioned
were merely questions as to interpretation, and they were
not really sugqestions for modification.
In order to simplify handlinq these proposals, Z have broken
them down into a number of sugqested ataendments, each of
which concerns the same subject matter but some of which are
divided into two or more possible motions for different
aspects of the subject matter in the avent the Council would
like to accept some suggestions, modify others, and reject
others.
The lOth and llth amendments are suqqested for convenience
of Council in setting salary tables and sa2aries of exempt
personnel and were included with explanations on page 3 of
memo from attorney to Council dated January 16, 1980, which
was placed before the Council at the time of the last Council
meeting. Amendments ~12 through ~16 were likewise contained
in that memorandum and are suggested for clarification of
language.
BTD/md
Enclosures
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PROPOSED AMENDMENTS TO ORDZNANCE 537-79
AMENDMENT #1
1. Move to amend Section 23.35.040(b) to read as
follows:
"(b) The following steps shall be fol2owed in submitting
and processing a qrievance:
(1) Step 1- The aggrieved employee or group of employees
shall orally present the grievance to the immediate
supervisor within 5 working days of the occurrence, not
including the date of presentation.
(2) Step 2- If the grievance is not settled to the
satis£action of the employee or group of em loyees in
Step 1 and appeal is desired, it shall be prepared in
detail, shall be reduced to writinq, shall be dated,
shall be signed by the agqrieved employee or group of
employees and shall be presented to the department head
within 5 working days after the supervisor's oral reply
is given, not including the day that the answer is
given.
(3) Step 3- If the grievance is not settled to the
satisfaction of the employee or group of employees in
Step 2 and appeal is desired, the written grievance
shall be presented along with all pertinent correspondence,
records and information accumulated to date to the City
Manager within 7 working days after the department
head's response is given, not including the day that
the response is given. The City Manaqer shall meet
with the aqqrieved employee or group of employees, the
immediate supervisor, and the department head. The
City Manager shall reply to the grievance in writing
within 7 working days of the date af presentation of
the written qrievance. [TFiE DECISION OF THE CITY
MANAGER SHALL BE FINAL AND BINDING ON THE EMPLOYEE OR
GROUP OF EMPLOYEES.J
(4) The d~cision of the Cit Mana er shall be
f nal and bindin on the em lo ee or rou of
emmployees except that when the C ty Manager lays
off, suspends w thout pay or more than 10 davs,
or removes any regutar (tnat is, non-
) officer or emnlovee after anv
or
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in Step 3 above shall be delivered '
ly, or by Registered, Certified, or
special mail with a re~urn receipt "
d, to the officer or employee, who
al such decision ta the Personnel
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~ Board in writinq. Such ap~eal may be in the form
of an informal letter or otherwise, filed
~ with the Secretiary of the Board, or with th~
City Clerk for transmittal to the Board,
~ within 10 da s after recei t of the notice
~ of the lay-off, suspens on, demotion, or removal
(which appeal may thus be filed either
before or after the time of effectiveness
of_the lay-off, suspension, demot on,
i or removal.) As soon as practicable after the
, appeal is filed, the Board shall hold a public
hearin on the a eal or ve an ade uate
0 ~ortun_i~t th~erefor, and shall report n
! writing its~in~cings and recommendat ons to'~
j the ~Cit Mana er, who shall then make a final
~ ~ decis~n in wr t ng reqard ng the appellant's
~ layoff, suspension, demotion, or removal, as ~
-' the case may be, provided that, if the Board
. finds that the la off, sus ensfon, demotion or
removal was made for a pol tical reason or ~
- reasons, or for an other reason or reasons other
than the good of t e service, it s a veto t e ay-
off, suspension, demotion, or removal, and the action
~, ~ the C ty Manager shall be null fied thereby."
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~ 2. Move to amend Chapter 23.35 by adding a new
Section 23.35.050 (and renwabering the present section
- 23.35.050 and alI subsequent sections) to read as
` follows:
23.35.050 Personnel Board: (a) There shall be a
~.° Personnel Board consisting of 5 niembers appointed by the
Council for overlapping 3-year terms. Initially one member
~':I shall be appointed to serve until July l, 1980, 2 members
. i shall be appointed to serve until July 1, 1981, and 2 members
_;~ shall be appointed to sezve until July l, 1982. Members of
~ the Personnel Board shall be qualified voters of the City,
';l who are known to be in sympathy with the merit principle as
-r'' ~ applied to the public service, and who are judicious and
~; fair-minded, and may not hold any other office or position
t. '~ in the City qovernment. The Council, after adequate opportunity
'~' for a public hearinq, may refiove a meiaber for the good of
I the service, and the vote shall be by yeas and nays and
I : shall be entered in the minutes. The Council shall fill
vacancies for unexpired terms. Members shall serve without
~ compensation.
;~ ~ (b) At the time prescribed for the beginning of a
__~_~~ newly appointed member or as soon thereafter as practicable,
I the Board sha11 elect a chairman, a vice chairman, and a
--iu'I secretary, and the secretary need not be a member of the
--I Board. The Board sha21 determine the time and place of its
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requlax meetings, and the Chairman or two members may call
- special meetings. The Chairman shall have power to administer
oaths and affirmations. ~
~' (c) The Personnel Board shall have power to subpoena ~
officers and employees of the City and other persons to
testify and to produce documents and other effects as evidence.
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3. Move ta amend the fifth "WHEREAS" of Ordinance No. ~
537-79 to read as follows:
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"WHEREAS, various older sections of the prior Kenai
Code have provisions dealinq with the merit system .
(1.60.040) and the Personnel Board (1.60.050, 060, 070 ~
and 080) which sections have not been observed [REPLACED ~
- ZN SPIRIT AND FUNCTION BY THE PROVISIONS OF TIiE NEW ~
PERSONNEL ORDINANCE AND ITS AMENDMENTS THUS MAKING IT .. -. ;-
UNNECESSARY TO RETAIN THESE OLDER SECTIONS IN THE
CODE,I and which should be inteqrated with the Personnel
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4. Motion to amend Ordinance #537-79 by adding a new "
Section 3 to read as follows: ~
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~ "Section 3: SinCe no Personnel Board has been in ! .. - ~
__- existence s nce the adoption of the Kenai Municipal Code, I ~ ~ i
any employee disciplined since November 3, J.979, the effective ~
date of the Kenai Municipal Code, who has filed written
notice of appeal required herein prior to the appointment ~ ~
.- and orqanization of the Personnel Board required herein, +
~ shall have rhat appeal heard by the Personnel Board." i !
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AMENDMENT ~2
Move to amend Section 23.50.010(d) and (e) to read
- as follows:
CLASS CODE CLASS TITLE RANGE
(d) PUBLIC WORKS
401 Building Inspector 15
402 Shop Foreman 15
' 403 Maintenance Supervisor 15
404 Treatment Plant Operator 13
_ 405 Water & Sewer Operator I 12
406 Mechanic Helper 12
407 E ui ment O erator
, MAINTENANCE WOI2KER] I ** 11
408 Mechanic 14
-~ 409 Equipment Operator
<~> ~~ IIKAZNTENANCE WORKER~ II ** 12
410 Water ~ Sewer Operator ZI 13
411 Chief Animal Control Officer 10
~ **Duties include any activities directed for maintenance
, of City properties in addition to equipment operation.
" (e) SOCIAL SERVICES
' S01 Librarian* 14
,_ 502 Sr. Citizen Coordinator 8
~ 503 Parks & Recreation Director 16
~ [504 ANIMAL CONTROL OFFICER l0J
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AMENDMENT ~ 3
i ~ Move to amend Section 23.55.060(a) to read as follows:
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23.55.060 Stand-by Pay: (a) Where employees are
regularly placed on a stand-by status for a Saturday,
Sunday, or Holiday, they shall be entitled to a minimum of
2 hours pay for such stand-by status. In the event of a
"call-out," overtime shall be paid for hours worked but not
~ , less than the minimum of 4[2] hours at overtime pay rates.
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; 2. Move to amend Chapter 23.55 by adding a new Section
23.55.070 to read as follows:
°23.55.070 Call-Out Pay: When employees who are not
I on stand-by are called out to work outside of normal working
~ ! hours, they shall be paid ~a minimum of 4 hours pay at overtiiae
rates. Overtime hours worked immediately prior to, or
after, normal workinq hours will not be considered as a
"call-out."
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~ ~- AMENDMENT ~4
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1. Motion to amend the introductory paragraph of
Section 23.25.060(b) to read as follows:
"(b) When employees are required to work overti.me,
department heads shall authorize, at the option of the
employee, [COMPENSATORY TIME OFF ORJ overtime pay or
compensatory time off eqnal in ay value to the payment
the employee would have received for the overtime under the
circumstances. [DETERMINATION TO GRANT CASH OR COMPENSATORY
TIME OFF SHALL REST WITH THE DEPARTMENT AEAD, CITY MANAGER
OR ACTING DEPARTMENT HEADS, WHO SHALL GIVE DUE CONSIDERATION
TO DESIRES OF THE EMPLOYEE, TO BUDGETARY CONTROLS..AND TO THE
PROV2SIONS OF S'TBSECTION (c) OF THIS SECTZON.] Rates for over-
time shall be:" ~
2. Motfon to amend Section 23.25.060(c) to read as
follows: ~ _ .
"(c) Compensatory time accumulation shall not exceed
40 [8~ hours. [ONCE THIS MAXIMUM ACCUMULATION FIAS BEEN
' REACHED, A~ All overtime compensation earned by the employee
while he has the maximum accumulatfon of com ensator time
shall automat cally be paid n cash.
'°.~~`- 3. Motion to amend Section 23.25.060(d) to read as
~ ~ follows:
=-. "(d) For some positions, overtime is considered part
. of the job responsibilfty and, therefore, does not justify
_~~ overtime pay. Cash compensation for overtime shall not be
-~, granted to the followinq positions - Department Heads or
,.~ exempt personnel to which this provision applies. In lieu
of payment, time off is authorized with a maximum accumulation
. of 40 [8l hours."
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AMENDMENT #5
1. Motion to amend 23.55.020(b) to read as follows:
(b) On satisfactory completion of the probationary
period, each employee shall be advanced one s~ep. At
the anniversary date_of hire and at succeedinq anniversary
dates, subject to evaluation, employee may be advanced a
step increment. [THE TIME PERiOD NORMALLY BETWEEN STEPS
B TO C TO D TO E TO F IS ONE YEAR. THE TIME NORMALLY
BETWEEN STEPS F TO AA TO BB TO CC IS 2 YEARS.] Lonqevity
pay shall be paid to employees who have been in Step CC
for over one ear at the rate of 2~ of Step CC pay for
each year of servi ce in Step CC. '
2. Motion to amend Section 23.30.030(d) to read as follows: , -
"(d) Upon completion of the probationary period, the ~
emplayee shall be considered as having satisfactorily dem- ~ .
onstrated qualifications for the position, shall gain
regular status, one step in pay raise, and shall be so ~
informed throuqh his supervisor. [FOR EMPLOYEES WHO HAVE NOT -
GAINED REGULAR STATUS BY JULY l, 1977, THE DATE THAT ORIGINAL ~
PROBATION ENDS SHALL BE THE EMPLOYEE'S ANNIVERSARY DATE.
FOR EMPLOYEES WHO BAVE GAINED REGULAR STATUS BY JULY 1, ~
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1977, JULY 1 SHAI,L BE THE EMPLOYEE'S ANNIVERSARY DATE, UNTIL " r
PROMOTION OR TRANSFER.] ~
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' _' AMENDMENT #6
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i, 1. t~iove to amend Section 23.30.030(c) to read as
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0 ows.
"(c) Durinq the first 6 months of ariginal probationary
period, a new employee (including police and fire) shall not
be eliqible for vacation benefits, but he shall earn vacation
credit from the first day of employment[.~, and may take
leave for sickness during that period." _
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AMENDMENT #7 ' ,
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~- 1. Motion to amend Section 23.55.030(b)(3) to read as ~
follows:
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F,' "(3) Water and seWer utility: certification in accordance ~
€ with the State of Alaska Certificats.on standards: RECOGNZTION i
~ ENTITLEMENTS FOR WATER AND SEWER CERTIFICATION ARE:] ~
~ ~~I W & S II $180/year ~
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; W & S III $300/year ~
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AMENDMENT #8
Move to amend Section 23.40.070(a) and (b) to read as
follows:
"(a) The City shall reimburse an employee for [1/2~
the full amount of tuition for courses directly related to
the employee's work and conducted outside the eraployee's
regular working hours, provided that:
(1) Punds for such expenditures are available in the
current budget,
(2) The employee has made application for ~pproval of
the course [AND TUITION REZMBURSEMENT] to his department
head [AT LEAST 10 DAYS PRIOR TO THE REGZSTRATION FOR SUCB
COURSE~ and the department head subsequently qives such
approval, and
(3) The employee_submits evidence af satisfactory
completion of the course, and -
(4) The employee is not receivinq reimbursement for
tuition from any other source.
(b) Courses which are only offered durinq regular
workinq hours may be approved by the department head with
full tuition re-imbursement ther f provided time off can
arranged conveniently and reasonable arrangements can be
made to make up time cff." .
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AMENDMEI~TT ~ 9
Move to amend Section 23.40.060(b) to read as follows:
"(b) Military Leave: An emploxee who has successfully ~
completed the probationary period and who is a member of the ~
National Guard or a reserve component of the Armed Forced of ~
the United States or of the United States Public Health ~
Service shall be entitled, upon application, to a leave of ;
absence from City service for a period not exceeding 15 !
calendar days in any one calendar year. Such leave shall be ~
granted without loss of time, pay, [{DIFFEREDICE BETWEEN ;
REGUL.'~R AND MILITARY PAY INCLUDING COLA, BUT NOT ZNCLUDING '
OTHER REGULAR ALLOTqANCES)l or other leave, and without
impairment of inerit ratings or other rights or benefits to ~
which he is entitled. Military leave with pay shall be
granted only when an eiaployee receives bona fide orders to
temporary active or traininq duty, and shall not be paid if
the employee does not return to his position ima~ediately
following the expiration of the period for which he was
ordered to duty."
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AMENDMENT # 10
Move to replace the wordinq in Section 23.55.010 with .
the followinq:
"23.55.010 Exempt Salaries: Salaries of City
Manager, City Attorney, and City Clerk shall be
neqotiated by the Council (or by a committee and approved
by the Council) and may be set by motion of Council."
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AMENDMENT # 11 ~
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Move to amend Section 23.55.020(a) to read as follows: ~ ~
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"~a) Salary structure bv ctrade is herebv established ;
accordance with the table that is appended to this Title ~
which mav be amended, modified, or replaced by resolution, ~
which case a copv of the amended, modified, or renlacementi ~ ..
le shall be substituted for the pri.or table and ~laced in ' -
Code at the end of this Title." [(TABLE ATTACHED)] ~
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AMENDMENT #I2
Mo*~e to aiaend Section 23.25.080 to read as follows:
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"23.25.080 Promotion: When an employee is promoted
from one class to another having a higher pay range, he
shall receive an increase of not less than one pay step. If
(TFiE EMPLOYEE'S CURRENT RATE OF PAY IS BELOWJ the minimum
for the higher class is at least one a step higher than
the employee•s current rate of pav, h s pay shall be increasE
to the min mum rate of the higher class. If the employee's
current rate of pay is higher than one a ste b~low the
minimuia [FALLS WITHIN T ~GE of the h gher c1asS, his
pay shall be adjusted to the next higher pay step in the
range for the higher class, which is at least equal to one
increment above his current pay rate."
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~ AMENDMENT ~I3
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Move to amend Section 23.30.050(a) by replacing
~ all of the wordinq therein with the following:
"(a) The Library and Animal Control Operations
~ shall be open for business as suthorized by the City
~' Manaqer. The Police and Fire Departments shall be
' open for business at all times. Excepting for Saturdays,
i Sundays, and Holidays, the Department of Public Works
~ shall be open from 8:00 a.m. to 4:30 p.m., and all other
~ offices shall be open from 8:00 a.m. to 5:00 p.m."
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. . fi ANlENDMENT #14
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1. Move to amend Section 23.40.020(a)(2) to read as
follows:
"(2) Washington's Birthday (the third Monday in February)"
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-" 2. Move to amend Section 23.40.020(a)(3) to read as
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- "(3) Memorial Day (the fourth Monday in Mav)"
3. Move to amend Section 23.40.020(a)(11) to read as
follows:
` °(11) A floatinq holiday sub'ect to individual choice
- of each employee [TO BE SELECTED BY THE CITY MANAGER
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AMENDMENT #15
1. Move to amend Section 23.40.030(a){1) to read
as follows:
"(1) Regular full-time classified and exempt employees
excepting [LESSl firefighters, communications, and jail
personnel:
16 hrs. per month-first 2 years of service
18 hrs. per month-3 through 5 years of service
20 hrs. per month-6 throuqh 10 years of service
22 hrs. per month-more than 10 years of service
[REGULAR PART-TIME EMPLOYEES WORKING 15 HOURS A WEER
OR MORE SHALL ACCRUE AT TFiE SAME RATE AS A FULL-TIME EMPLOYEE
EXCEPT ON A PROPORTIONAL BASIS AS TO HOURS.J
2. Move to amend Section 23.40.030 by adding an additional
sub-section (j) to read as follows:
"(j) Regular part-time employees working 15 hours a week
or mare shall accrue at the same rate as a full-time employee
except on a proportional basis as to hours."
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AMENDMENT #16
Move to amend 23.40.120 to read as follows:
"23.40.120 Medical and Hospital Insurance: Medical
and hospital insurance shall be provided by a group policy
at no cost to the employee. Life, major medical, hospitalization,
dental and vision insurance are included as part of Group
Insurance."
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