HomeMy WebLinkAboutOrdinance No. 3018-2018
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Sponsored by: Vice Mayor Navarre
and Council Member Glendening
CITY OF KENAI
ORDINANCE NO. 3018-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE TITLE 23-PERSONNEL REGULATIONS, TO CREATE A NEW CLASS OF
EMPLOYEES DEFINED AS “DEPARTMENT HEAD SERVICE” THAT INCLUDES EMPLOYEES
WHO WORK AT WILL AND ARE COMPENSATED WITHIN A SALARY RANGE APPROVED BY
THE COUNCIL, AND MAKING OTHER HOUSEKEEPING CHANGES.
WHEREAS, Department Heads are directly responsible to the City Manager for the management
of departments in the City; and,
WHEREAS, these professional and supervisory positions require experienced personnel to
provide departmental direction and leadership; and,
WHEREAS, the City’s Personnel Code does not currently provide sufficient flexibility to allow the
City to consistently recruit and retain top candidates for Department Head positions because the
City is limited to offering compensation at entry levels within the position’s salary range and does
not provide for annual adjustments outside the step schedule; and,
WHEREAS, amending the Personnel Code to allow the City Manager to offer Department Heads
compensation anywhere within a range approved by the City Council commiserate with the
individual’s experience, skills, performance and/or value to the City, will improve the City’s ability
to attract and retain quality Department Heads; and,
WHEREAS, it is a common practice for municipal department heads to work at will for the
administrative head of a municipality; and,
WHEREAS, having department heads serve at will allows a municipal manager the ability to make
changes in departmental leadership when necessary for reasons that are important to the function
of the department, in line with the manager’s philosophy, and in best interest of the City; and,
WHEREAS, bringing in new Department Heads as at will employees allows the City Manager
broader control over the City’s departments, which the City Manager is ultimately responsible for,
while allowing existing Department Heads to continue in the same or similar work environment
under which they were initially hired in a grandfathered status; and,
WHEREAS, existing Department Heads may voluntarily choose to become at will and a part of
the new “Department Head Service,” at any time; and,
WHEREAS, other housekeeping changes are needed to improve the City’s Personnel Code.
Ordinance No. 3018-2018
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 23.05.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.05.060 - Tenure, is hereby amended as follows:
23.05.060 Tenure.
Tenure of employees in the classified service [COVERED BY THIS TITLE] shall be subject
to good behavior, satisfactory performance of work, necessity for the performance of work, and
the availability of funds.
Section 2. Amendment of Section 23.05.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.05.070 - Definitions, is hereby amended as follows:
23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service.
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments and who have been hired or completed a probationary period after June 1,
2018. Employees responsible to the City Manager for the administration of one or more
departments who have been hired and completed a probationary period before June 1, 2018
may enter the Department Head Service by written request to the City Manager.
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
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[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.]
(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE.
(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) City Manager. A person directly responsible to the City Council who is authorized
and directed to exercise the powers and fulfill the duties as specified in the Charter and
Municipal Code of the City of Kenai.
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is the
chief legal advisor to the Council and all other officers, departments and agencies of the City
government in matters relating to their official powers and duties.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
Section 3. Amendment of Section 23.10.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.010 - General, is hereby amended as follows:
23.10.010 General.
All offices and positions of the City are divided into [C]Classified [S]Service, [AND
U]Unclassified [S]Service and Department Head Service. [ALL THE PROVISIONS OF THIS
CHAPTER SHALL APPLY TO POSITIONS IN THE CLASSIFIED SERVICE. THE PROVISIONS
OF THIS CHAPTER SHALL APPLY TO POSITIONS IN THE EXEMPT SERVICE AS INDICATED
IN KMC 23.10.020.]
Section 4. Amendment of Section 23.10.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.020 –Unclassified service, is hereby amended as follows:
23.10.020 Unclassified [S]Service.
The unclassified service shall include the following:
(a) Mayor and Council Members. Only the following provisions shall apply: KMC
23.30.110(b) and (d) [AND 23.40.080 (AS APPLICABLE)], 23.40.100 and 23.40.110.
(b) Members of Boards or Commissions. Only the following provisions shall apply to such
officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and
Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and
23.40.110.
(c) The following Council-appointed administrative offices:
(1) City Manager. The City Manager shall perform all those duties mandated for his
or her position by the provisions of this chapter and shall be bound or receive the
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benefits of the following sections insofar as they are applicable: KMC 23.25.050 and
23.25.060(d); KMC 23.30.110(b), (C) and (d); and KMC 23.40.020, 23.40.030,
23.40.040, 23.40.060, 23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120, and
23.40.130. The Council shall by resolution determine whether KMC 23.40.080 applies
to the position of City Manager.
(2) City Clerk. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Attorney.
(d) Volunteer Personnel and Personnel Appointed to Serve Without Pay. None of the
provisions of this chapter shall apply to such personnel.
(e) Consultants and Counsel Rendering Temporary Professional Services. Such services
shall be by contract and none of the provisions of this chapter shall apply.
(f) Positions Involving Seasonal or Temporary Work. All of the provisions of this chapter
shall apply to such positions but only insofar as they are applicable.
[(G) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
EXEMPT SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
CITY MANAGER
CITY ATTORNEY
CITY CLERK]
Section 5. Amendment of Section 23.10.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.030 –Classified service, is hereby amended as follows:
23.10.030 Classified [S]Service.
The [C]Classified [S]Service shall include all [OTHER POSITIONS IN THE CITY SERVICE]
paid employees not in the Unclassified or Department Head Service.
(a) [ALL P]Positions in the Classified Service are established by the annual budget or
[COMPENSATION GUIDE] Classification Plan. [ADOPTED BY RESOLUTION OF THE
CITY COUNCIL. ANY NEW POSITION CREATED AT THE START OR DURING THE
BUDGET YEAR AND EITHER RATIFIED OR AFFIRMED BY THE CITY COUNCIL.]
[(B) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
CLASSIFIED SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS
OF THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
AIRPORT MANAGER
FINANCE DIRECTOR
FIRE CHIEF
LIBRARY DIRECTOR
PARKS AND RECREATION DIRECTOR
POLICE CHIEF
POLICE LIEUTENANT
PUBLIC WORKS DIRECTOR
PUBLIC WORKS MANAGER
SENIOR CENTER DIRECTOR.]
Section 6. Enactment of Section 23.10.035 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.035 –Department Head Service, is hereby enacted as follows:
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23.10.035 Department Head Service
(a) Positions in the Department Head Service are established by the annual budget or
Classification Plan.
(b) The Department Head Service shall consist of full-time paid employees who are the
heads of departments. Department Heads serve at will. The City Manager may suspend or
dismiss such employees without cause subject to review by the City Attorney.
Section 7. Amendment of Section 23.20.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.20.010 –Initial classification, is hereby amended as follows:
23.20.010 Initial [C]Classification.
The City Manager shall make analysis of the duties and responsibilities of all positions in the
[C]Classified [S]Service and Department Head Service and shall recommend to the Council a job
classification plan. Each position in the [C]Classified [S]Service and Department Head Service
shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities.
[, TO THE END THAT] All positions in the same class shall be sufficiently alike to make use of a
single descriptive title, the same qualification requirements, the same test of competence, and
the same pay scale. A job class may contain one [(1)] position or more than one [(1)] position.
The Council shall adopt a classification plan by ordinance.
Section 8. Amendment of Section 23.25.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.020 –Pay plan and adoption, is hereby amended as follows:
23.25.020 Pay [P]Plan and [A]Adoption.
The City Manager shall submit the pay plan and rules for its administration to the City Council
for adoption. Before the pay plan and the rules for its administration are adopted by the Council,
the City Manager shall assign each job class to one [(1)] of the pay ranges provided in the pay
plan. A salary schedule for the Department Heard Service shall be part of the pay plan. The
Council shall adopt a plan and rules by ordinance.
Section 9. Amendment of Section 23.25.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.030 –Pay plan amendment, is hereby amended as follows:
23.25.030 Pay [P]Plan [A]Amendment.
The pay plan may be amended by the City Council from time to time as circumstances
require, either by adjustment of rates or by reassignment of job classes to different pay ranges or
salary schedule. All modifications shall apply uniformly to all positions in the same class.
Section 10. Amendment of Section 23.25.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.040 –Appointee compensation, is hereby amended as follows:
23.25.040 Appointee [C]Compensation –Classified Service.
(a) Upon initial appointment to a position, the employees in the Classified Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) [HOWEVER, I]In [THE] cases when unusual difficulty in filling the vacancy is
experienced, or when the appointee is exceptionally qualified, the City Manager may cause
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the appointment for employees in the Classified Service to be made at a compensation level
above the minimum, but not more than level D for the same class.
Section 11. Enactment of Section 23.25.045 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.045 –Department Heads, is hereby Enacted as follows:
23.25.045 Department Heads
(a) Upon initial appointment to a position, employees in the Department Head Service
shall receive the minimum compensation for the class to which the position is allocated,
except as provided below.
(b) In cases when unusual difficulty in filling the vacancy is experienced, or when the
appointee is exceptionally qualified, the City Manager may cause the appointment for
employees in the Department Head Service to be made at a compensation level above the
minimum, but not more than the maximum for the same class.
Section 12. Amendment of Section 23.25.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.060 –Overtime, is hereby amended as follows:
23.25.060 Overtime.
(a) Department heads and supervisors shall assign to each employee regular work duties
and responsibilities which can normally be accomplished within the established work day
and work week.
(b) When employees are required to work overtime, department heads shall authorize
compensatory time off or overtime pay. Determination to grant overtime pay or compensatory
time off shall rest with the department head, City Manager, or acting department heads, who
shall give due consideration to desires of the employee, to budgetary controls, and to the
provisions of subsection (c) of this section. Rates for overtime (in addition to regular
compensation based upon compensation schedules) shall be based upon the employee’s
regular rate of pay as follows:
(1) [GENERAL GOVERNMENT E]Employees in the Classified Service (excluding
public safety, sewer treatment plant, and temporary employees):
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 2
Holiday 2 1/2
(2) Temporary employees:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
Holiday 1 1/2
(3) [GENERAL GOVERNMENT] Employees in the Classified Service and temporary
employees other than employees engaged in fire protection activities must be in a paid
status for forty (40) hours in the work week before overtime compensation will be paid.
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(4) Police, communications and sewer treatment plant employees:
Regular Pay Times
Regular Work Day 1 1/2
Saturday 1 1/2
Sunday 2
(5) Employees engaged in fire protection activities:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
(6) Police, communications, employees engaged in fire protection activities, and
sewer treatment plant employees must be in a paid status for their normal work week,
as follows, before overtime compensation will be paid:
Police 40 hours
Employees engaged in fire
protection activities
As required by the Fair
Labor Standards Act
Communications 40 hours
Sewer treatment plant 40 hours
However, overtime may be paid as required by the Fair Labor Standards Act,
recognizing that an employee’s salary is compensation for the normal shifts specified
in this Title.
(c) Compensatory time accumulation shall not exceed the total number of hours equal to
one (1) regular shift of the employee. Once this maximum accumulation has been reached,
all overtime compensation earned by the employee shall automatically be paid in cash.
(d) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES CONSIDERED TO BE] Positions exempt from the provisions of the
Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The
individuals in these positions are expected to work as many hours as the responsibilities of
their positions require. As a result, individuals in these positions shall not be paid overtime
or allowed to accrue compensatory time.
Section 13. Amendment of Section 23.25.080 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.080 –Promotion, is hereby amended as follows:
23.25.080 Promotion.
When an employee in the Classified Service is promoted from one class to another having
a higher pay range, he or she shall receive an increase of not less than one (1) pay step from his
or her former position.
Section 14. Amendment of Section 23.30.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.010 –General, is hereby amended as follows:
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23.30.010 General.
(a) Recruitment and appointing authority shall be vested in the City Manager.
(b) Applicants must be United States citizens or eligible for employment under existing
State and Federal laws and regulations in order to be employed by the City.
(c) Applicants for positions in the [CITY] Classified and Department Head [S]Service need
not reside within the City Limits. Departmental rules shall establish response times required
by that department.
(d) Minimum age for City employment shall be in accordance with State of Alaska laws.
(e) Employment of qualified individuals with a disability shall be encouraged.
(f) Employment rights for veterans shall be in accordance with applicable State and
Federal laws.
(g) Applicants must possess an appropriate valid Alaska State driver’s license, should
employment require operation of a motor vehicle.
(h) Applicants must complete a City application form or submit a resume of sufficient detail
to equate to a City form.
Section 15. Amendment of Section 23.30.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.030 –Probationary Period, is hereby amended as follows:
23.30.030 Probationary Period for Employees in the Classified Service.
(a) All original appointments for employees in the Classified Service including those that
result from transfers shall be tentative and subject to a probationary period of not less than
six (6) months consecutive service, except for police, fire, and communications, which shall
be normally twelve (12) months, subject to meeting criteria for certification which may be
accomplished following six (6) months of service and except for seasonal employees whose
probationary period is established by the term of the first season of employment. Promotional
appointment probationary period shall, for all [PERSONNEL]employees in the Classified
Service, be not less than six (6) months.
(b) In cases where the responsibilities of a position in the Classified Service are such that
a longer period is necessary to demonstrate an employee’s qualifications, the probationary
period may be extended; however, no probationary period shall be extended beyond twelve
(12) months, or eighteen (18) months for police, fire, and communications, or one additional
season for seasonal employees. The employee shall be notified in writing of any extension
and the reasons therefor.
(c) During the first six (6) months of original probationary period, a new employee (including
police, fire, and communications) shall not be eligible for annual leave benefits, but he or she
shall earn annual leave credit from the first day of employment and may take leave for
sickness during that period to the maximum of the amount of leave accrued.
(d) Upon completion of the probationary period, employees in the Classified Service shall
be considered as having satisfactorily demonstrated qualifications for the position, shall gain
regular status, one step in pay raise, and shall be so informed through his or her supervisor.
The employee’s anniversary date shall be the first of the month in which the employee’s
original probation ends. Employees who have gained regular status at the effective date of
the ordinance codified in this section shall have their anniversary dates changed to the first
of the month in which the employee’s present anniversary date falls.
(e) During the probationary period, a new employee [HIRE] hired in the Classified Service
may be terminated at any time without advance notice, without cause, and without appeal.
(f) In the case of promotional appointments, the promoted employee may be demoted at
any time during the probationary period without appeal, provided that the probationary
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employee be reinstated in the class designation from which he or she was promoted, even
though this necessitates the layoff of the employee occupying the position.
Section 16. Repeal of Section 23.30.040 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 23.30.040 –Evaluation, is hereby Repealed as follows:
[23.30.040 EVALUATION.
(A) EVALUATIONS SHALL BE REQUIRED ANNUALLY OF ALL CLASSIFIED
EMPLOYEES AND AFTER EACH SEASON FOR SEASONAL EMPLOYEES.
SUPERVISORS SHALL INDICATE THEREON HIS OR HER RECOMMENDATION AS TO
WHETHER OR NOT THE EMPLOYEE SHOULD BE AWARDED A PAY RAISE IN
ACCORDANCE WITH THE CITY PAY PLAN, KMC 23.55.
(B) APPROVAL OF INCREMENT PAY RAISES ARE VESTED IN THE CITY MANAGER.]
Section 17. Amendment of Section 23.30.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.050 –Business hours and hours of work, is hereby amended as
follows:
23.30.050 Business [H]Hours and [H]Hours of [W]Work.
(a) The hours during which City offices and departments shall normally be open for
business shall be 8:00 a.m. to 5:00 p.m., [PUBLIC WORKS DEPARTMENTS SHALL BE
8:00 A.M. TO 4:30 P.M., EXCEPT SATURDAYS AND SUNDAYS, HOLIDAYS, AND
FURTHER EXCEPTING] Police and Fire [WHICH] shall be open for business twenty-four
(24) hours a day. The Library, Senior Center, Public Works, and Animal Control operations
shall be open for business as authorized by the City Manager.
(b) Public Safety employees, not including administrators, normal work week is:
(1) Police and Communications—four (4) shifts of ten (10) hours per week, two
thousand eighty (2,080) hours annually. When working this shift, first and third days off
shall be treated as Saturdays and the middle day off (the second day) shall be treated
as a Sunday for purposes of paying overtime;
(2) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by
the City Manager.
(c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that
allows at least one (1) employee to be at the plant on a given day. When scheduled days off
are two (2) consecutive calendar days, the first day off shall be treated as a Saturday and
the second day off shall be treated as a Sunday for purposes of paying overtime.
(d) All other employees’ normal work week is forty (40) hours, two thousand eighty (2,080)
hours annually. Standard work day is midnight to midnight succeeding. Standard work week
is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted on
timely notice.
[(E) SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
UNCLASSIFIED SERVICES CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT SHALL NOT BE BOUND TO A WORK WEEK OF
ANY SET NUMBER OF HOURS. THE INDIVIDUALS IN THESE POSITIONS ARE
EXPECTED TO WORK AS MANY HOURS AS THE RESPONSIBILITIES OF THEIR
POSITIONS REQUIRE. THESE INDIVIDUALS ARE EXPECTED, HOWEVER, TO
SUBSTANTIALLY CONFORM TO THE NORMAL WORK WEEK AS DESCRIBED IN
SUBSECTION (D).]
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Section 18. Amendment of Section 23.30.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.060 –Attendance, is hereby amended as follows:
23.30.060 Attendance.
(a) Employees shall be in attendance at their work in accordance with the rules regarding
hours of work, holidays, and leaves of absence.
(b) An employee shall not be absent [HIM OR HERSELF] from work for any reason without
prior approval from his or her supervisor. When prior approval is not obtained, an employee,
who for any reason fails to report to work, shall make a sincere effort to notify his or her
supervisor of his or her reason for being absent. If the absence continues beyond the first
day, the employee shall notify the supervisor on a daily basis unless other arrangements
have been made with the supervisor.
(c) Departments shall maintain records of employees’ attendance.
(d) Any unauthorized absence of any employee from duty shall be deemed to be an
absence without pay and may be cause for disciplinary action.
Section 19. Amendment of Section 23.30.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.070 –Personnel records, is hereby amended as follows:
23.30.070 Personnel [R]Records.
(a) The City Manager shall cause a service or personnel record to be maintained for each
employee in the Classified and Department Head service of the City of Kenai.
(b) The personnel record shall show the employee’s name, title of position held, the
department to which assigned, compensation, change in employment status, training
received, and such other information as may be considered pertinent.
(c) A personnel action form shall be used as the single document to initiate and update
personnel records.
(d) Employee personnel records shall be considered confidential and shall be accessible
only to the following:
(1) The employee concerned;
(2) Selected City officials authorized by the City Manager.
(e) Department personnel files should not be developed or maintained, except as working
records; i.e., accumulating data for evaluation reports. Departmental personnel records are
therefore unofficial and have no standing.
Section 20. Amendment of Section 23.30.110 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.110 –Travel expense, is hereby amended as follows:
23.30.110 Travel [E]Expense.
When employees are required to travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred shall be determined as follows:
(a) Prior to traveling outside the City, the employee shall obtain permission for the trip and
the mode of travel from the department head.
(b) Travel on official business outside the City by one (1) individual shall be via public
carrier or City-owned vehicle whenever practical. If, for extenuating circumstances, the
employee is authorized to use a private vehicle, total mileage shall be paid at the standard
IRS mileage rate. This rate includes all travel, insurance and fuel.
(c) [THOSE]Classified and Department Head Service employees who [HABITUALLY]often
use their privately-owned vehicle for City business shall be reimbursed thirty dollars ($30.00)
per month, subject to authorization by the City Manager.
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(d) The authorized per diem rates are fifty dollars ($50.00) per full twenty-four (24) hour
day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to fifty
dollars ($50.00) per day. Claims for lodging expenses will be supported by receipts.
Section 21. Amendment of Section 23.30.120 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.120 –Moving expense for new employees, is hereby amended as
follows:
23.30.120 Moving [E]Expense for [N]New [E]Employees.
(a) [WHENEVER A PROFESSIONAL OR TECHNICALLY TRAINED PERSON CHANGES
HIS OR HER PLACE OF RESIDENCE MORE THAN FIFTY (50) MILES, FOR THE
PURPOSE OF ACCEPTING EMPLOYMENT WITH THE CITY, SUCH A PERSON MAY BE
REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES UNDER THE FOLLOWING
CONDITIONS:] At the City Manager’s discretion moving expenses for new employees may
be reimbursed for actual and necessary expenses under the following conditions:
(1) The employee must be appointed to a position or a class for which the City
Manager certifies that such expenditure is necessary to recruit qualified employees and
funded by the Council.
(2) The maximum reimbursable shall be subject to negotiation at the time of an offer
of acceptance of appointment.
[(3) TO BE ELIGIBLE FOR THE TOTAL ALLOWANCE FOR AN EMPLOYEE WHO
IS THE HEAD OF A HOUSEHOLD, HIS OR HER DEPENDENTS MUST ACCOMPANY
HIM OR HER OR JOIN HIM OR HER WITHIN ONE (1) YEAR OF THE DATE OF HIS
OR HER APPOINTMENT.]
[4](3) New employees who are assisted with their moving expenses shall be required
to sign a Transportation Agreement prior to employment. The Transportation
Agreement stipulates that the employee will reimburse the City for all or part of such
expenditures in the event of voluntarily leaving City service within a period of two [(2)]
years according to the following schedule:
100%—Less than six (6) months.
75%—Six (6) months, but less than twelve (12) months.
50%—Twelve (12) months, but less than eighteen (18) months.
25%—Eighteen (18) months, but less than twenty-four (24) months.
0%—Two (2) years and over.
(b) New employees may not be given an advance against moving expenses without prior
written approval of the City Manager.
Section 22. Amendment of Section 23.30.140 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.140 –Relatives in city service, is hereby amended as follows:
23.30.140 Relatives in [C]City [S]Service.
(a) Two (2) members of an immediate family (spouse, children, brother, sister, in-laws or
parents) shall not be employed under the same immediate supervisor. Neither shall two (2)
members of an immediate family be employed at the same time regardless of the
administrative department, if such employment will result in an employee supervising a
member of his or her immediate family. This section shall not be construed to prohibit
employment by the City of relatives of City Council members.
(b) The provisions of this section shall apply to promotions, demotions, transfers, reinstate-
ments, and new appointments.
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[(C) COHABITATION BY ADULTS OF THE OPPOSITE SEX PRESUMES A FAMILY
RELATIONSHIP AND SHALL BE CONSTRUED AS SUCH.]
Section 23. Amendment of Section 23.35.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.020 –Causes for warning, suspension or discipline, is hereby
amended as follows:
23.35.020 Causes for [W]Warning, [S]Suspension, or [D]Dismissal.
(a) When an employee[’s] in the Classified Service demonstrates conduct that falls below
desirable standards, he or she may be subject to disciplinary action.
(b) General reasons for which an employee may be disciplined include:
(1) Drinking intoxicating beverages on the job or arriving on the job under the
influence of intoxicating beverages.
(2) Use, consumption, or possession of marijuana (including every compound,
manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin,
including marijuana concentrate), on the job or arriving on the job impaired by the same,
unless the employee has a medical prescription for marijuana from a licensed medical
practitioner as a part of a medical treatment and can perform work unimpaired.
(3) Illegal use, consumption or possession of any controlled or illegal substance on
the job or arriving on the job impaired by the same.
(4) Ingestion, of any prescription or over the counter medication in amounts beyond
the prescribed or recommended dosage on the job, or arriving on the job impaired by
the same. Employees shall notify their immediate supervisor when required to use
prescription medicine that they have been informed has the potential to impair job
performance.
(5) Violation of a lawful duty.
(6) Insubordination.
(7) Breach of discipline.
(8) Being absent from work without first notifying and securing permission from the
employee’s supervisors.
(9) Being habitually absent or tardy for any reason.
(10) Misconduct.
(11) Conviction of a felony or a misdemeanor involving moral turpitude.
(12) Using religious, political, or fraternal influence.
(13) Accepting fees, gifts, or other valuable things in the return for performance of the
employee’s official duties for the City.
(14) Inability to perform the assigned job.
(15) Political activity as restricted by the Charter.
(16) Failure to follow the City’s Drug, Alcohol, and Marijuana policy as set forth in the
City of Kenai Employee Handbook.
(17) Knowingly or negligently failing to follow Federal and State occupational safety
and health regulations and City law and policy regarding the same.
Section 24. Amendment of Section 23.35.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.030 –Forms of disciplinary action, is hereby amended as follows:
23.35.030 Forms of [D]Disciplinary [A]Action.
(a) Disciplinary action for employees in the classified service ranges from oral or written
reprimands to suspension, demotion, and finally dismissal from the City service, and
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depends on the severity of the offense as well as the number and the frequency of previous
acts of misconduct.
(b) It shall be the duty of all City employees to comply with and to assist in carrying into
effect the provisions of the City’s personnel rules and regulations. No employee in the
classified service shall be disciplined except for violation of established rules and regulations,
and such discipline shall be in accordance with procedures established by the personnel
rules and regulations.
(c) Every department head shall discuss improper or inadequate performance with the
employee in order to correct the deficiencies and to avoid the need to exercise disciplinary
action. Where appropriate, disciplinary action shall be of increasing severity.
(d) A written notice shall be given each employee in the classified service for each written
disciplinary action stating the reasons for the disciplinary action and the date it shall take
effect. The notice shall be given to the employee at the time such action is taken. A copy of
the notice signed by the employee shall be placed in the employee’s personnel file and shall
serve as prima facie evidence of delivery.
(e) All regular employees in the classified service shall have the right to appeal disciplinary
action taken against them within five (5) working days after receipt of notice by employee of
the disciplinary action. Appeals shall be made as grievances in accordance with the
provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal
shall be made directly to a Personnel Board selected from the Arbitration Panel provided in
KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the
background, the disciplinary action, and the reasons why the disciplinary action is felt to be
unjust.
Section 25. Amendment of Section 23.35.032 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.032 –Arbitration panel, is hereby amended as follows:
23.35.032 Arbitration [P]Panel.
(a) There is hereby established an Arbitration Panel consisting of twelve (12) members
who shall be chosen by the City Council from nominees made by City employees and by
members of the City Council.
(b) A member of the Arbitration Panel must be a resident of the City of Kenai and must not
hold any other office or position in the government of the City of Kenai.
(c) Members of the panel shall serve for indefinite terms until termination by the Council,
resignation by the member, death, move from the City of Kenai, election, or appointment as
an officer or employee of the City of Kenai, or incapacity of the member.
(d) By adoption of the ordinance codified in this chapter, the city hereby waives any claim
or cause of action it might have against any member of the Arbitration Panel based on his or
her service thereon or on a Personnel Board. Any employee in the classified service, by filing
an appeal under the provisions of this chapter, likewise waives any claim or cause of action
such employee might have against any member of the Arbitration Panel based on his or her
service thereon or on a Personnel Board, and if requested such employee will execute and
file a formal waiver at time of filing appeal.
Section 26. Amendment of Section 23.35.034 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.034 –Procedures on Appeal, is hereby amended as follows:
23.35.034 Procedures on [A]Appeal.
(a) Within five (5) working days after the filing of a written appeal with the City Clerk, the
City Manager or the designee of the City Manager shall file with the City Clerk an answer in
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writing to the appeal setting forth any facts which might be in dispute in the appeal, and
setting forth the reasons why the actions are believed to be justified and the City Manager
or his or her designee shall serve a copy of the answer on the employee in person or by
ordinary mail to employee’s home address.
(b) Promptly after the appeal is filed, the City Clerk shall deliver a copy of the appeal to the
City Manager.
(c) The members of the Arbitration Panel shall be listed in alphabetical order, and will be
called in rotation. Any member passed over because of illness or absence, or disqualified by
an appealing employee in the classified service or the administration, shall be treated as
though he or she has served on the Personnel Board and will not be called again until his or
her name comes up in the normal rotation. As soon as an appeal is filed with the City Clerk,
the City Clerk will make contact and determine the next five (5) members of the panel due
and available for service during the following three (3) weeks, and shall notify the appealing
employee of the five (5) members due for service. The appealing employee will advise the
City Clerk within two (2) working days which member the employee wishes deleted from the
list, and the City Clerk will then notify the City Manager or his or her designee of the four (4)
remaining members due for service. The City Manager or his or her designee will advise the
Clerk within one (1) working day of the name of the member the administration wishes to
delete from the list. Thereafter, the Clerk will notify the two (2) members of their
disqualification and the other three (3) members as to being chosen for service and will
determine a date, time, and place when all three members may assemble for hearing, and
will then notify the appealing employee in the classified service and the City Manager or
designee of such date, time, and place of hearing.
(d) At the time of hearing, the employee in the classified service shall present any written
evidence, oral testimony, or witnesses that he or she desires, and thereafter the City
Manager or designee shall present evidence, oral testimony, or witnesses as he or she
deems fit, following which the parties may continue to present rebuttal testimony alternately
until neither side has anything further to present.
(e) After completion of presentation of testimony, the appealing employee in the classified
service may make any statement he or she desires by way of argument, which may be
answered by the City Manager or designee, and the appealing employee shall then have a
final closing argument if he or she so desires.
(f) If any member of the Personnel Board feels it necessary or desirable, he or she may
call additional witnesses or call for presentation of additional testimony, adjourning the
hearing to a future time for such presentation if necessary.
(g) After presentation of all evidence and arguments, the Personnel Board shall go into
executive session to make a determination of the appeal, and the Personnel Board shall
make written findings of fact and conclusions as to the justness of the disciplinary action.
(h) There shall be no formal restrictions on the kind of or form of evidence presented so
long as it is pertinent to the appeal and is not unduly repetitive, but the Personnel Board by
majority vote may limit repetitive evidence and may restrict evidence to matters pertinent to
the hearing and to evidence which they would find credible.
(i) The Personnel Board has power to uphold the disciplinary action, to set aside the
disciplinary action completely restoring the appealing employee in the classified service to
his or her former position and to any and all pay which may have been lost because of the
disciplinary action, or if the Personnel Board feels it necessary in the interest of justice that
some disciplinary action be taken but that the particular disciplinary action was too extreme,
it shall determine what the proper disciplinary action should be.
(j) The decision of the Personnel Board may be made by a majority of the Board and shall
be final and binding on the employee and on the City.
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(k) Copies of the appeal, the answer to the appeal, and the written decision of the
Personnel Board shall become a part of the personnel file of the appealing employee.
Section 27. Amendment of Section 23.35.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.040 –Grievance procedure, is hereby amended as follows:
23.35.040 Grievance [P]Procedure.
(a) [THE]For employees in the classified service, the City shall promptly consider and
equitably adjust employee grievances relating to employment conditions and relationships.
Furthermore, the City desires to adjust the causes of grievances informally, both supervisors
and non-supervisory employees in the classified service are expected to resolve problems
as they arise.
(b) The following steps shall be followed in submitting and processing a grievance for
employees in the classified service:
(1) Step 1—The aggrieved employee in the classified service or group of employees
in the classified service shall orally present the grievance to the immediate supervisor
within five (5) working days of the occurrence, not including the date of presentation.
(2) Step 2—If the grievance is not settled in Step 1, it shall be prepared in detail, shall
be reduced to writing, shall be dated, shall be signed by the aggrieved employee in the
classified service or group of employees in the classified service, and shall be presented
to the department head within five (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 in Step 2, the written grievance shall be
presented along with all pertinent correspondence, records, and information
accumulated to date to the City Manager within seven (7) working days after the
department head’s response is given, not including the day that the response is given.
The City Manager shall meet with the aggrieved employee or group of employees, the
immediate supervisor and the department head. The City Manager shall reply to the
grievance in writing within seven (7) working days of the date of presentation of the
written grievance. The decision of the City Manager shall be final and binding on the
employee or group of employees.
(c) If the grievance procedures are not initiated within the time limits established by this
section, the grievance shall be considered not to have existed.
(d) Any grievance not taken to the next step of the grievance procedure shall be considered
settled on the basis of the last reply made and received in accordance with the provisions of
this section.
(e) If the City fails to meet or answer any grievance within the time limits prescribed for
such action by this section, such grievance shall automatically advance to the next step. If
the City fails to meet or answer any grievance on the last step of the grievance procedure
within the time limits prescribed for such action by this section, it shall be deemed that the
City has considered the grievance to be in favor of the grievant and shall resolve the matter
accordingly.
(f) The time limits prescribed in this section for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties so involved.
Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual
consent shall be indicated in writing and shall be signed by all parties involved. No employee
shall be disciplined or discriminated against in any way because of the employee’s proper
use of the grievance procedure.
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Section 28. Amendment of Section 23.40.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.010 –General, is hereby amended as follows:
23.40.010 General.
(a) All non-temporary, full-time,[AND] non-temporary part-time (fifteen (15) hours and over
per week) classified and Department Head Service employees are entitled to the following
benefits, except for medical and hospital insurance which shall be available to non-temporary
employees working no less than twenty-five (25) hours per week, as specified in this article.
(b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training
(MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers
Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other
benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The
hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees’
Retirement System.
Section 29. Amendment of Section 23.40.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.030 –Annual leave, is hereby amended as follows:
23.40.030 Annual [L]Leave.
(a) Annual leave is a combined vacation and sick leave.
(b) Accrual rate:
(1) Full-time [CLASSIFIED] employees except certain Fire Department employees:
7.3846 hours bi-weekly—first two (2) years of service.
8.3077 hours bi-weekly—three (3) through five (5) years of service.
9.2308 hours bi-weekly—six (6) through ten (10) years of service.
10.1538 hours bi-weekly—more than ten (10) years of service.
(2) Fire (7(k) work period):
10.3385 hours bi-weekly—first two (2) years of service.
11.6308 hours bi-weekly—three (3) through five (5) years of service.
12.9231 hours bi-weekly—six (6) through ten (10) years of service.
14.2154 hours bi-weekly—more than ten (10) years of service.
(c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8)
hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve
(12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four
(24) hour work day, twenty-four (24) hours annual leave.
(d) Leave continues to accrue during the period of time an employee is on paid leave
except during periods of terminal leave (leave time after which the employee does not intend
to return to work). Leave does not accrue during periods of leave without pay.
(e) Accrued and unused leave may be carried over from one (1) year to the next for the
purpose of accumulating an annual leave account or reserve. The maximum leave hours
that may be accrued is six hundred forty (640) hours for classified, [AND] unclassified, and
Department Head service employees, and eight hundred ninety-six (896) hours for Fire
Department employees working a 7(k) work period.
(f) Annual leave may be used for any purpose desired by the employee. Incidental
absences for sickness as unplanned are not controllable. However, planned absences must
be coordinated with and approved by the appropriate department head.
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(g) It is required that each employee use a minimum of eighty (80) hours of leave per
calendar year for employees working forty (40) hours per week, and one hundred twelve
(112) hours for employees working a 7(k) work period, and affect appropriate coordination
with the department head. If actual hours used are less than the minimum requirement, then
the difference shall be deducted from available leave hours without any compensation to the
employee.
(h) Excess leave above the amount authorized for accrual (subsections (a) through (e))
existing on December 31st shall automatically be paid at the then existing rate for the
individual employee.
(i) Department heads shall schedule vacations for their respective employees with due
consideration for the desires of the employees and the work requirements facing the
department. Vacation schedules may be amended to allow the department to meet
emergency situations.
(j) In the event of significant illness or injury not covered by workers’ compensation, or
absence due to training or education an employee on exhausting annual leave may, with the
approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x
7.3846 hours) to avoid a no-pay status. In the event the person’s employment with the City
ends prior to the borrowed leave being repaid, the employee must reimburse the City for the
value of any leave not repaid. The City may deduct the value of any leave not repaid from
the employee’s final paycheck.
(k) Part-time employees working fifteen (15) hours a week or more shall accrue at the same
rate as a full-time employee except on a proportional basis as to hours.
(l) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES]Employees considered to be exempt from the provisions of the Fair
Labor Standards Act shall have annual leave charged on an eight (8) hour/whole day basis.
If any such employee is present for work during any portion of a day, that employee shall not
be charged annual leave for that day. Conversely, if any such employee is absent from her
or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays)
that employee will be charged eight (8) hours of annual leave for that day.
Section 30. Amendment of Section 23.40.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.040 –Terminal leave, is hereby amended as follows:
23.40.040 Terminal [L]Leave.
Upon separation during initial probation (first six (6) months for Police, Fire and
Communication), accrued annual leave shall not be granted nor paid to [THE] employee’s in the
classified service. In other separations, accrued leave shall be paid in a lump sum. The salary or
hourly rate to be used in computing the cash payment shall be the rate which is being received
by the employee on the date the resignation/separation is signed by the employee.
Section 31. Amendment of Section 23.40.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.060 –Leave of absence with pay, is hereby amended as follows:
23.40.060 Leave of [A]Absence with [P]Pay.
(a) Employees may request leave of absence with pay for:
(1) Witness or Jury Duty. When a City employee is called for jury duty or is
subpoenaed as a witness, he or she shall not suffer any loss of his or her regular City
compensation during such absence; however, he or she shall be required to transfer
any compensation he or she receives for the performance of such duty to the City. Time
not worked because of such duty shall not affect annual leave accrual.
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(2) Military Leave. Employee’s shall be eligible for military leave or associated benefits
in compliance with State and Federal law. [AN EMPLOYEE WHO HAS COMPLETED
THE PROBATIONARY PERIOD AND WHO IS A MEMBER OF THE NATIONAL
GUARD OR RESERVE COMPONENT OF THE ARMED FORCES 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 ONE (1) PERIOD NOT EXCEEDING FIFTEEN (15) CONSECUTIVE DAYS IN
ANY ONE (1) CALENDAR YEAR. HOWEVER, BECAUSE POLICE, FIRE, AND
COMMUNICATIONS EMPLOYEES HAVE A TWELVE (12) MONTH PROBATIONARY
PERIOD RATHER THAN THE SIX (6) MONTH PROBATIONARY PERIOD FOR
OTHER CLASSIFIED EMPLOYEES, THEY SHALL BE ELIGIBLE FOR MILITARY
LEAVE AFTER SIX (6) MONTHS OF SERVICE. SUCH LEAVE SHALL BE GRANTED
WITHOUT LOSS OF TIME, PAY (DIFFERENCE BETWEEN REGULAR AND
MILITARY PAY INCLUDING COLA, BUT NOT INCLUDING OTHER REGULAR
ALLOWANCES), OR OTHER LEAVE, AND WITHOUT IMPAIRMENT OF MERIT
RATINGS OR OTHER RIGHTS OR BENEFITS TO WHICH HE OR SHE IS ENTITLED.
MILITARY LEAVE WITH PAY SHALL BE GRANTED ONLY WHEN AN EMPLOYEE
RECEIVES BONA FIDE ORDERS TO TEMPORARY ACTIVE OR TRAINING DUTY,
AND SHALL NOT BE PAID IF THE EMPLOYEE DOES NOT RETURN TO HIS OR
HER POSITION IMMEDIATELY FOLLOWING THE EXPIRATION OF THE PERIOD
FOR WHICH HE OR SHE WAS ORDERED TO DUTY.]
(3) Conferences, Conventions and Other Related City Business. Decisions
concerning attendance at conferences, conventions, or other functions pertaining to
City business at City expense shall be made by the department heads with the approval
of the City Manager. Permission shall be granted on the basis of an employee’s
participation in or the direct relationship of the function to the City. Members of
professional societies may be permitted to attend meetings of their society when such
attendance is considered to be in the best interest of the City.
(4) Death in the Immediate Family. Leave of absence with pay is provided to assist
an employee who must be absent from work as a result of a death in the immediate
family. The employee’s absence would be for funeral attendance, or to handle matters
arising due to the death of an immediate family member, that cannot practicably be
taken care of outside of regular business hours. Upon the City Manager’s approval,
employees shall be entitled to the following leave, which will not directly affect their
personal leave account: three (3) working days, up to twenty-four (24) hours maximum.
Section 32. Repeal of Section 23.40.150 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 23.40.150 –Definitions, is hereby repealed as follows:
[23.40.150 DEFINITIONS.
IN KMC 23.40.130 THROUGH 23.40.140:
(A) “CHILD” MEANS AN INDIVIDUAL WHO IS:
(1) UNDER EIGHTEEN (18) YEARS OF AGE; OR
(2) EIGHTEEN (18) YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE
BECAUSE OF MENTAL OR PHYSICAL DISABILITY.
(B) “HEALTH CARE PROVIDER” MEANS: (1) A PHYSICIAN LICENSED UNDER AS
08.64, OR A DENTIST LICENSED UNDER AS 08.36, OR A PSYCHOLOGIST LICENSED
UNDER AS 08.86; OR (2) ANY OTHER PERSON DETERMINED BY THE SECRETARY OF
LABOR TO BE CAPABLE OF PROVIDING HEALTH CARE SERVICES.
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(C) “LICENSED HEALTH CARE PROVIDER” MEANS A PHYSICIAN LICENSED UNDER
AS 08.64 OR A PSYCHOLOGIST LICENSED UNDER AS 08.86.
(D) “PARENT” MEANS A BIOLOGICAL OR ADOPTIVE PARENT, A PARENT-IN-LAW,
OR A STEP-PARENT.
(E) “SERIOUS HEALTH CONDITION” MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR
PHYSICAL OR MENTAL CONDITION THAT INVOLVES: (1) INPATIENT CARE IN A
HOSPITAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY; OR (2) CONTINUING
TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER.
(F) “SPOUSE” MEANS SOMEONE WITH WHOM THE EMPLOYEE HAS AN EXISTING
VALID MARRIAGE AS SET FORTH UNDER AS 25.05 AND SPECIFICALLY DOES NOT
INCLUDE AN UNMARRIED DOMESTIC PARTNER OF THE EMPLOYEE.
(G) “IMMEDIATE FAMILY” INCLUDES MOTHER, FATHER, SPOUSE, CHILDREN,
BROTHER, SISTER, MOTHER/FATHER-IN-LAW. THE CITY MANAGER MAY
DETERMINE “OTHER INDIVIDUALS” ARE IMMEDIATE FAMILY, PARENTS, CHILDREN,
SIBLINGS AND OTHERS INVOLVED IN THE SIGNIFICANT RAISING.]
Section 33. Amendment of Section 23.45.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.020 –Periods of Evaluation, is hereby amended as follows:
23.45.020 Periods of Evaluation.
Each employee [IN THE CLASSIFIED SERVICE] shall have his or her performance
evaluated at the following periods:
(a) End of Probationary Period. Each employee in the classified service shall be evaluated
thirty [(30)] days prior to the completion of his or her probationary period. The employee must
have an overall evaluation of at least “Meets Expectations” in order to become permanent
or, in the case of seasonal employees, be eligible for the next season’s employment.
(b) Annual. Each employee shall receive an annual performance evaluation thirty [(30)]
days prior to his or her anniversary date[.] and thirty days prior to the end of each season for
seasonal employees.
(c) Time of Separation. Each employee shall be evaluated at the time of separation and
such record shall become part of his or her permanent personnel file.
Section 34. Amendment of Section 23.45.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.030 –Performance evaluators, is hereby amended as follows:
23.45.030 Performance [E]Evaluators.
(a) Rating Officer. The rating officer shall normally be the employee’s immediate
supervisor. The rating officer shall be responsible for completing a performance evaluation
report at the time prescribed for each employee under his or her supervision.
(b) Reviewing Officer. The reviewing officer shall normally be the rating officer’s immediate
supervisor or department head. The reviewing officer shall review the performance
evaluation report completed by each rating officer under his or her jurisdiction before the
report is discussed with the employee. The reviewing officer shall consider the performance
evaluations completed by the rating officer in evaluating the rating officer’s performance.
(c) Department Heads shall be evaluated by the City Manager.
Section 35. Amendment of Section 23.45.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.040 –Review of performance reports, is hereby amended as
follows:
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23.45.040 Review of [P]Performance [R]Reports for Employees in the Classified Service.
The rating officer shall discuss the performance evaluation report with the employee in the
classified service before the report is made part of the employee’s permanent record. If the rating
officer plans to recommend the denial of an in-grade pay increment or recommend an
extraordinary increment, the report must be discussed with the reviewing officer and the City
Manager prior to review with the employee.
Section 36. Amendment of Section 23.45.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.050 –Unsatisfactory evaluation, is hereby amended as follows:
23.45.050 Unsatisfactory [E]Evaluation for Employees in the Classified Service.
Employees in the classified service who receive an overall rating of “Unsatisfactory” or
“Needs Improvement” on their annual evaluation shall not be eligible to be advanced a step
increment at appropriate annual, biennial or quadrennial anniversary dates. Employees in the
classified service who receive two [(2)] consecutive overall ratings of “unsatisfactory” shall be
subject to dismissal.
Section 37. Amendment of Section 23.45.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.060 –Performance evaluation appeal procedure, is hereby
amended as follows:
23.45.060 Performance [E]Evaluation [A]Appeal [P]Procedure for Employees in the
Classified Service.
[EMPLOYEES’ P]Performance evaluation reports for employees in the classified service
shall not be subject to the standard grievance procedure. Employees in the classified service shall
have the right to appeal their evaluation in accordance with the following procedure:
(a) Step 1. If, after a review of his or her performance evaluation report with the rating
officer, the employee feels that the report is unfair, he or she may request a meeting with the
reviewing officer by checking the appropriate section on the report. The rating officer will then
immediately forward the report to the reviewing officer who will arrange to meet with the
employee within five (5) working days after receiving the report. The reviewing officer will
then forward a decision in writing to the employee within five (5) working days after the date
of their meeting.
(b) Step 2. In the event that the employee is dissatisfied with the decision of the reviewing
officer, he or she may, within five (5) working days of receipt of the decision, appeal his or
her performance evaluation report, in writing, to the City Manager. The City Manager shall,
within five (5) working days, meet and discuss the report with the employee. The City
Manager will, in writing, make a decision within ten (10) working days from the date of their
meeting. The decision of the City Manager will be final.
Section 38. Amendment of Section 23.50.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.50.010 –Employee classification, is hereby amended as follows:
23.50.010 Employee [C]Classification.
City employees shall be classified by Class, Title, and Pay Range as follows:
CLASS CODE CLASS TITLE RANGE
(a) SUPERVISORY AND PROFESSIONAL
Ordinance No. 3018-2018
Page 21 of 25
New Text Underlined; [DELETED TEXT BRACKETED]
CLASS CODE CLASS TITLE RANGE
101 City Manager NG
102 City Attorney NG
103 City Clerk NG
104 Finance Director* 24
105 Public Works Director* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to City
Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
(d) PUBLIC WORKS
401 Building Official 15
Ordinance No. 3018-2018
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New Text Underlined; [DELETED TEXT BRACKETED]
CLASS CODE CLASS TITLE RANGE
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation Operator 9
505 Parks, Beautification and Recreation Laborer 2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Head[S] Service
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a fluctuating
and unpredictable training schedule, he or she shall be considered to work twelve (12) hours
per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number
of hours worked, whichever is greater. The normal work schedule at the academy shall be five
(5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated
in KMC 23.50.050(b)(l).
Section 39. Enactment of Section 23.55.015 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.015 –Department Head Service Salaries, is hereby enacted as
follows:
23.55.015 – Department Head Service Salaries.
Salaries of employees in the Department Head Service shall be set by the City Manager
within the range approved by the City Council as approved through the budget process.
Section 40. Amendment of Section 23.55.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.020 –Compensation Structure by Grade, is hereby amended as
follows:
Ordinance No. 3018-2018
Page 23 of 25
New Text Underlined; [DELETED TEXT BRACKETED]
23.55.020 Compensation Structure by Grade for Employees in the Classified Service.
(a) Compensation structure by grade for employees in the classified service is hereby
established in accordance with the table that is appended to this title and which may be
amended, modified, or replaced by ordinance, in which case a copy of the amended,
modified, or replacement table shall be substituted for the prior table and placed in the code
at the end of this title.
(b) On completion of the probationary period, each permanent full-time employee in the
classified service, except seasonal employees, shall be advanced one [(1)] step. At
succeeding anniversary dates, subject to evaluation, employees in the classified service may
be advanced a step increment subject to City Manager approval. The time period normally
between steps B to C to D to E to F is one [(1)] year. The time normally between Steps F to
AA to BB to CC is two [(2)] years.
(c) On completion of the probationary period, each permanent part-time employee in the
classified service and seasonal employee shall be advanced one [(1)] step. At appropriate
biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent
annual evaluation being “Meets Expectations” or better, the employee, including seasonal
employees, may be advanced a step increment. The time period normally between steps B
to C to D to E to F is two [(2)] years. The time period normally between steps F to AA to BB
to CC is four [(4)] years.
Section 41. Amendment of Section 23.55.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.050 –Hourly Rates, is hereby amended as follows:
23.55.50 Hourly Rates.
(a) Hourly rates for employees in the classified service not exempted from minimum wage
and overtime provisions of the Fair Labor Standards Act (with various experience, skills, and
responsibilities) are hereby established in accordance with the table that is appended to this
title and which may be amended, modified, or replaced by ordinance, in which case a copy
of the amended, modified, or replacement table shall be substituted for the prior table and
placed in the Code at the end of this title.
Section 42. Amendment of Section 23.55.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.060 –Stand-by pay, is hereby amended as follows:
23.55.060 Stand-by [P]Pay.
(a) Where employees in the classified service are placed on a stand-by status, they shall
be entitled to a 5% rate of pay computed against Step A of the pay range of the employee
for each hour in stand-by status.
(b) To be eligible for stand-by pay, an employee in the classified service must formally be
placed on stand-by status, with the approval of the City Manager, and the proper
documentation indicating such approval placed in the employee’s personnel records. An
employee in stand-by status must be available for call-outs, must be in a location whereby
the responsible City personnel can communicate with him or her, and comply with any other
requirements of the approved stand-by pay.
Section 43. Amendment of Section 23.55.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.070 –Call-Out pay, is hereby amended as follows:
23.55.070 Call-out [P]Pay.
Ordinance No. 3018-2018
Page 24 of 25
New Text Underlined; [DELETED TEXT BRACKETED]
When employees in the classified service are called out to work outside of normal working
hours, they shall be paid a minimum of two [(2)] hours pay at overtime rates. Overtime hours
worked immediately prior to, or after, normal working hours will not be considered as a “call-out.”
Section 44. Amendment of Section 23.55.080 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.080 –Longevity pay, is hereby amended as follows:
23.55.080 Longevity [P]Pay for Employees in the Classified Service.
All regular employees in the classified service who have received an overall rating of “Meets
Expectations” or better in their last performance evaluation and who have been at Step CC for a
period of at least two (2) years as of July 31st shall be paid a longevity bonus of two percent (2%)
of his or her annual pay rate (i.e., excluding overtime). The longevity pay shall be paid just once
a year on the August payroll, except that the longevity bonus in 2008 shall be paid after the
effective date of the ordinance codified in this section but prior to the end of the calendar year
2008. Notwithstanding the above, any employee in the classified service who has received a
range increase or a noncost of living pay increase within their current pay range within the twelve
(12) months prior to July 31st is not eligible for a longevity pay bonus.
Section 45. That the operating budget pay schedule as appended in KMC Chapter 23.55 for
all employees excluding those engaged in fire protection activities is amended to read as follows:
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED
EMPLOYEES EXCLUDING EMPLOYEES ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
Ordinance No. 3018-2018
Page 25 of 25
19 38.97 39 .94 40 .92 41 .89 42 .87 43.84 44.82 45 .79 46 .76
20 40 .93 41 .95 42.98 44.00 45 .02 46 .05 47 .07 48 .09 49.12
21 42 .99 44 .06 45 .14 46 .21 47 .29 48.36 49.44 50 .51 51 .59
22 45.11 46.24 47 .37 48.49 49.62 50 .75 51.88 53 .00 54.13
23 47 .38 48 .56 49 .75 50 .93 52 .12 53.30 54.49 55.67 56.86
24 49 .81 51.06 52 .30 53 .55 54.79 56 .04 57.28 58 .53 59 .77
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B c D E F AA BB cc
Step
13 20.77 21.29 21 .81 22 .33 22.85 23.37 23 .89 24.40 24.92
14 21.82 22.37 22 .91 23.46 24.00 24 .55 25 .09 25 .64 26 .18
15 22.91 23.48 24 .06 24.63 25 .20 25.77 26 .35 26 .92 27.49
16 24.06 24.66 25 .26 25 .86 26.47 27 .07 27.67 28 .27 28 .87
17 25 .26 25.89 26.52 27 .15 27 .79 28.42 29.05 29.68 30 .31
FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
18 $77.209-101 ,907
19 $79,185-106,987
20 $85, 134 -112 .387
21 $89.419 -118,037
22 $93 .829 -123 .849
23 $98.550 -130,096
24 $103,604-136 754
Section 46. Severability: That if any part or provi s ion of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction , such
judgment shall be confined in its operation to the part, provision , or application directly involved
in all controversy in which this judgment shall have been rendered , and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or app l ication .
Section 47 . Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.
Introduced: April 18, 2018
Public Hearing : May 2, 2018
Enacted: May 16 , 2018
Effective: June 15 , 2018
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Tim Navarre, Vice Mayor and Council Member Jim Glendening
DATE: April 11, 2018
SUBJECT: Ordinance No. 3018-2018 – Amending KMC Title 23 Creating a
Department Head Service Class of Employees
______________________________________________________________________
Department Heads report directly to the City Manager and are responsible for the management
of their respective departments. Attracting and retaining highly qualified individuals for these
positions can be difficult, particularly with current restrictions contained in the Kenai Municipal
Code.
KMC 23.25.040(b) limits the salary of a newly hired employee to Level D of the City’s Salary
Schedule. In cases where a prospective employee is highly qualified or where a lateral move
from another agency or business requires a higher salary than is afforded by a Level D salary,
the City is unable to attract these individuals effectively. Additionally, the City Manager does not
have the ability to adjust salaries for our most critical and highest performing existing employees
who might leave the City for similar positions at neighboring agencies or businesses that have
the ability to compensate at higher levels.
This ordinance addresses both of these concerns by establishing a new class of employee
defined as Department Head Service. These employees would be assigned a salary range for
their position as opposed to their salaries being dictated by the City’s Salary Schedule. The top
end of the salary range for each employee in the Department Head Service would be set at
110% of the top step of the same range in the City’s Salary Schedule for employees in the
Classified Service. The City Manager would have the authority to establish the initial salary
upon hire anywhere within the respective range for the position. In addition, the City Manager
could adjust an existing employee’s salary within the range for that position through the annual
budget process based on performance or to maintain competitive salaries for the retention of
highly qualified employees.
Department Head Service employees would be at-will employees that could be suspended or
dismissed without cause subject to review by the City Attorney. However, existing employees
Page 2 of 2
Ordinance 3018-2018
who would fall within the Department Head Service will be grandfathered in the Classified
Service unless the employee chooses to opt into the Department Head Service.
Your consideration is appreciated.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: April 12, 2018
SUBJECT: Sectional Analysis of Ordinance No. 3018-2018
____________________________________________________________________________
This memorandum provides a sectional analysis of the Kenai Municipal Code changes proposed
by Ordinance No. 3118-2018. Following the sectional analysis is KMC Title 23 in its entirety with
the proposed changes shown.
Section 1. Sectional Analysis:
1. 23.05.060 Tenure.
Tenure of employees in the classified service [COVERED BY THIS TITLE] shall be subject to
good behavior, satisfactory performance of work, necessity for the performance of work, and
the availability of funds. This change is to clarify that KMC 23.05.060 does not apply to at-will
employees whose tenure might not be subject to satisfactory work performance etc.
2. 23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service. This amendment is needed to reflect that the classified service does not
include the newly created Department Head Service
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments. This is the new definition of Department Head Service.
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
Page 2 of 57
Ordinance No. 3018-2018
[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.] This definition is no longer needed based on the new definition of
Department Head Service above, and later descriptions.
(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE. “General government employee” is not a term used or
needed in the remainder of the personnel Code, so it is removed.
(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) City Manager. A person directly responsible to the City Council who is authorized
and directed to exercise the powers and fulfill the duties as specified in the Charter and
Municipal Code of the City of Kenai.
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is the
chief legal advisor to the Council and all other officers, departments and agencies of the City
government in matters relating to their official powers and duties.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
Page 3 of 57
Ordinance No. 3018-2018
3. 23.10.010 General.
All offices and positions of the City are divided into [C]Classified [S]Service, [AND
U]Unclassified [S]Service and Department Head Service. [ALL THE PROVISIONS OF THIS
CHAPTER SHALL APPLY TO POSITIONS IN THE CLASSIFIED SERVICE. THE
PROVISIONS OF THIS CHAPTER SHALL APPLY TO POSITIONS IN THE EXEMPT
SERVICE AS INDICATED IN KMC 23.10.020.] This amendment adds the Department Head
Service into the Personnel Code and removes the remainder of the language as the provisions
of the Chapter that apply to each class of employees is specifically called out and the “Exempt
Service” is not a defined service.
4. 23.10.020 Unclassified [S]Service.
The unclassified service shall include the following:
(a) Mayor and Council Members. Only the following provisions shall apply: KMC
23.30.110(b) and (d) [AND 23.40.080 (AS APPLICABLE)], 23.40.100 and 23.40.110. KMC
23.40.080 refers to PERS which Council members do not participate in through the City, so
it is removed.
(b) Members of Boards or Commissions. Only the following provisions shall apply to such
officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and
Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and
23.40.110.
(c) The following Council-appointed administrative offices:
(1) City Manager. The City Manager shall perform all those duties mandated for his
or her position by the provisions of this chapter and shall be bound or receive the
benefits of the following sections insofar as they are applicable: KMC 23.25.050 and
23.25.060(d); KMC 23.30.110(b), (C) and (d); and KMC 23.40.020, 23.40.030,
23.40.040, 23.40.060, 23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120, and
23.40.130. The Council shall by resolution determine whether KMC 23.40.080 applies
to the position of City Manager.
(2) City Clerk. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Attorney.
(d) Volunteer Personnel and Personnel Appointed to Serve Without Pay. None of the
provisions of this chapter shall apply to such personnel.
(e) Consultants and Counsel Rendering Temporary Professional Services. Such services
shall be by contract and none of the provisions of this chapter shall apply.
(f) Positions Involving Seasonal or Temporary Work. All of the provisions of this chapter
shall apply to such positions but only insofar as they are applicable.
[(G) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
EXEMPT SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
CITY MANAGER
CITY ATTORNEY
CITY CLERK]
Subsection (G) is deleted because it stated elsewhere, (employment contract and position
descriptions) and does not need to be in code.
Page 4 of 57
Ordinance No. 3018-2018
5. 23.10.030 Classified [S]Service.
The [C]Classified [S]Service shall include all [OTHER POSITIONS IN THE CITY SERVICE]
paid employees not in the Unclassified or Department Head Service. This change is needed
to recognize the new separate Department Head Service in this section.
(a) [ALL P]Positions in the Classified Service are established by the annual budget or
[COMPENSATION GUIDE] Classification Plan. [ADOPTED BY RESOLUTION OF THE
CITY COUNCIL. ANY NEW POSITION CREATED AT THE START OR DURING THE
BUDGET YEAR AND EITHER RATIFIED OR AFFIRMED BY THE CITY COUNCIL.] The
changes are to reflect that the City uses a Classification Plan, not a Compensation Guide
and removes the incomplete last sentence that does not provide meaningful information or
guidance.
[(B) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
CLASSIFIED SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS
OF THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
AIRPORT MANAGER
FINANCE DIRECTOR
FIRE CHIEF
LIBRARY DIRECTOR
PARKS AND RECREATION DIRECTOR
POLICE CHIEF
POLICE LIEUTENANT
PUBLIC WORKS DIRECTOR
PUBLIC WORKS MANAGER
SENIOR CENTER DIRECTOR.]
This section is deleted because most of the positions are no longer in the classified service
and designation of FLSA exemptions are more appropriately provided elsewhere, such as in
position descriptions.
6. 23.10.035 Department Head Service
(a) Positions in the Department Head Service are established by the annual budget or
Classification Plan.
(b) The Department Head Service shall consist of full-time paid employees who are the
heads of departments. Department Heads serve at will. The City Manager may suspend or
dismiss such employees without cause subject to review by the City Attorney.
This section describes the new Department Head Service and provides that positions in the
Department Head service are at-will employees who may be dismissed without cause.
Suspensions or dismissals of Department Heads will be reviewed by the City attorney to
review whether the suspension or dismissal violates applicable laws.
7. 23.20.010 Initial [C]Classification.
The City Manager shall make analysis of the duties and responsibilities of all positions in the
[C]Classified [S]Service and Department Head Service and shall recommend to the Council
a job classification plan. Each position in the [C]Classified [S]Service and Department Head
Service shall be assigned to a job class on the basis of the kind and level of its duties and
responsibilities. [, TO THE END THAT] All positions in the same class shall be sufficiently
Page 5 of 57
Ordinance No. 3018-2018
alike to make use of a single descriptive title, the same qualification requirements, the same
test of competence, and the same pay scale. A job class may contain one [(1)] position or
more than one [(1)] position. The Council shall adopt a classification plan by ordinance. These
amendments add the Department Head Service into the classification scheme.
8. 23.25.020 Pay [P]Plan and [A]Adoption.
The City Manager shall submit the pay plan and rules for its administration to the City Council
for adoption. Before the pay plan and the rules for its administration are adopted by the
Council, the City Manager shall assign each job class to one [(1)] of the pay ranges provided
in the pay plan. A salary schedule for the Department Heard Service shall be part of the pay
plan. The Council shall adopt a plan and rules by ordinance. This change reflects that
Department Heads will be paid within a salary range that is determined by the pay plan
established by Council.
9. 23.25.030 Pay [P]Plan [A]Amendment.
The pay plan may be amended by the City Council from time to time as circumstances require,
either by adjustment of rates or by reassignment of job classes to different pay ranges or
salary schedule. All modifications shall apply uniformly to all positions in the same class. This
change is to ensure the salary schedule for Department Heads is included in future pay plan
amendments.
10. 23.25.040 Appointee [C]Compensation –Classified Service.
(a) Upon initial appointment to a position, the employees in the Classified Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) [HOWEVER, I]In [THE] cases when unusual difficulty in filling the vacancy is
experienced, or when the appointee is exceptionally qualified, the City Manager may cause
the appointment for employees in the Classified Service to be made at a compensation level
above the minimum, but not more than level D for the same class. These changes clarify
that new employees in the Classified Service may be brought in at a Step D, but it does not
apply to Department Head employees who can be brought in or compensated anywhere
within the designated salary range for the position as provided below.
11. 23.25.045 Department Heads
(a) Upon initial appointment to a position, employees in the Department Head Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) In cases when unusual difficulty in filling the vacancy is experienced, or when the
appointee is exceptionally qualified, the City Manager may cause the appointment for
employees in the Department Head Service to be made at a compensation level above the
minimum, but not more than the maximum for the same class. This new section provides
that Department Heads can be offered a salary anywhere within the appropriate salary range
for the position, as needed.
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12. 23.25.060 Overtime.
(a) Department heads and supervisors shall assign to each employee regular work duties
and responsibilities which can normally be accomplished within the established work day
and work week.
(b) When employees are required to work overtime, department heads shall authorize
compensatory time off or overtime pay. Determination to grant overtime pay or compensatory
time off shall rest with the department head, City Manager, or acting department heads, who
shall give due consideration to desires of the employee, to budgetary controls, and to the
provisions of subsection (c) of this section. Rates for overtime (in addition to regular
compensation based upon compensation schedules) shall be based upon the employee’s
regular rate of pay as follows:
(1) [GENERAL GOVERNMENT E]Employees in the Classified Service (excluding
public safety, sewer treatment plant, and temporary employees): This change is
consistent with the removal of the definition of “General Government Employees” above
or in the definitions or in KMC 23.05.070 and clarifies that overtime only applies to
classified employees.
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 2
Holiday 2 1/2
(2) Temporary employees:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
Holiday 1 1/2
(3) [GENERAL GOVERNMENT] Employees in the Classified Service and temporary
employees other than employees engaged in fire protection activities must be in a paid
status for forty (40) hours in the work week before overtime compensation will be paid.
This change is similar to the above change and clarifies that it does not apply to
employees engaged in fire protection activities (included captains, engineers) who work
a schedule different from all other City employees.
(4) Police, communications and sewer treatment plant employees:
Regular Pay Times
Regular Work Day 1 1/2
Saturday 1 1/2
Sunday 2
(5) Employees engaged in fire protection activities:
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Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
(6) Police, communications, employees engaged in fire protection activities, and
sewer treatment plant employees must be in a paid status for their normal work week,
as follows, before overtime compensation will be paid:
Police 40 hours
Employees engaged in fire
protection activities
As required by the Fair
Labor Standards Act
Communications 40 hours
Sewer treatment plant 40 hours
However, overtime may be paid as required by the Fair Labor Standards Act,
recognizing that an employee’s salary is compensation for the normal shifts specified
in this Title.
(c) Compensatory time accumulation shall not exceed the total number of hours equal to
one (1) regular shift of the employee. Once this maximum accumulation has been reached,
all overtime compensation earned by the employee shall automatically be paid in cash.
(d) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES CONSIDERED TO BE] Positions exempt from the provisions of the
Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The
individuals in these positions are expected to work as many hours as the responsibilities of
their positions require. As a result, individuals in these positions shall not be paid overtime
or allowed to accrue compensatory time. This amendment is consistent with prior
amendments. All FLSA exempt positions will be designated in position descriptions and or
contract after administrative review. FLSA exemptions are designated by Federal Law based
on job duties and other position related components, and are not determined by City Code.
13. 23.25.080 Promotion.
When an employee in the Classified Service is promoted from one class to another having a
higher pay range, he or she shall receive an increase of not less than one (1) pay step from
his or her former position. This amendment clarifies that it does not apply to the Department
Head Service because Department Heads do not have fixed steps, as proposed.
14. 23.30.010 General.
(a) Recruitment and appointing authority shall be vested in the City Manager.
(b) Applicants must be United States citizens or eligible for employment under existing
State and Federal laws and regulations in order to be employed by the City.
(c) Applicants for positions in the [CITY] Classified and Department Head [S]Service need
not reside within the City Limits. Departmental rules shall establish response times required
by that department. This change recognizes the Department Head Service, and that
Department Heads are not required to reside in the City.
(d) Minimum age for City employment shall be in accordance with State of Alaska laws.
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(e) Employment of qualified individuals with a disability shall be encouraged.
(f) Employment rights for veterans shall be in accordance with applicable State and
Federal laws.
(g) Applicants must possess an appropriate valid Alaska State driver’s license, should
employment require operation of a motor vehicle.
(h) Applicants must complete a City application form or submit a resume of sufficient detail
to equate to a City form.
15. 23.30.030 Probationary Period for Employees in the Classified Service.
(a) All original appointments for employees in the Classified Service including those that
result from transfers shall be tentative and subject to a probationary period of not less than
six (6) months consecutive service, except for police, fire, and communications, which shall
be normally twelve (12) months, subject to meeting criteria for certification which may be
accomplished following six (6) months of service and except for seasonal employees whose
probationary period is established by the term of the first season of employment. Promotional
appointment probationary period shall, for all [PERSONNEL]employees in the Classified
Service, be not less than six (6) months.
(b) In cases where the responsibilities of a position in the Classified Service are such that
a longer period is necessary to demonstrate an employee’s qualifications, the probationary
period may be extended; however, no probationary period shall be extended beyond twelve
(12) months, or eighteen (18) months for police, fire, and communications, or one additional
season for seasonal employees. The employee shall be notified in writing of any extension
and the reasons therefor.
(c) During the first six (6) months of original probationary period, a new employee (including
police, fire, and communications) shall not be eligible for annual leave benefits, but he or she
shall earn annual leave credit from the first day of employment and may take leave for
sickness during that period to the maximum of the amount of leave accrued.
(d) Upon completion of the probationary period, employees in the Classified Service shall
be considered as having satisfactorily demonstrated qualifications for the position, shall gain
regular status, one step in pay raise, and shall be so informed through his or her supervisor.
The employee’s anniversary date shall be the first of the month in which the employee’s
original probation ends. Employees who have gained regular status at the effective date of
the ordinance codified in this section shall have their anniversary dates changed to the first
of the month in which the employee’s present anniversary date falls.
(e) During the probationary period, a new employee [HIRE] hired in the Classified Service
may be terminated at any time without advance notice, without cause, and without appeal.
(f) In the case of promotional appointments, the promoted employee may be demoted at
any time during the probationary period without appeal, provided that the probationary
employee be reinstated in the class designation from which he or she was.
Changes in this section reflect that probation only applies to classified employees. Classified
employees on probation are essentially at-will employees who may be discharged for no
reason or any reason. Department Head employees are always at will and there is no reason
for a probationary period for Department Heads.
16. [23.30.040 EVALUATION.
(A) EVALUATIONS SHALL BE REQUIRED ANNUALLY OF ALL CLASSIFIED
EMPLOYEES AND AFTER EACH SEASON FOR SEASONAL EMPLOYEES.
SUPERVISORS SHALL INDICATE THEREON HIS OR HER RECOMMENDATION AS TO
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WHETHER OR NOT THE EMPLOYEE SHOULD BE AWARDED A PAY RAISE IN
ACCORDANCE WITH THE CITY PAY PLAN, KMC 23.55.
(B) APPROVAL OF INCREMENT PAY RAISES ARE VESTED IN THE CITY MANAGER.]
This entire section is removed as evaluations are discussed in greater detail specific to each
employment class later in Chapter 23.45- Performance Evaluation.
17. 23.30.050 Business [H]Hours and [H]Hours of [W]Work.
(a) The hours during which City offices and departments shall normally be open for
business shall be 8:00 a.m. to 5:00 p.m., [PUBLIC WORKS DEPARTMENTS SHALL BE
8:00 A.M. TO 4:30 P.M., EXCEPT SATURDAYS AND SUNDAYS, HOLIDAYS, AND
FURTHER EXCEPTING] Police and Fire [WHICH] shall be open for business twenty-four
(24) hours a day. The Library, Senior Center, Public Works, and Animal Control operations
shall be open for business as authorized by the City Manager. This is a house keeping
change to reflect current practice.
(b) Public Safety employees, not including administrators, normal work week is:
(1) Police and Communications—four (4) shifts of ten (10) hours per week, two
thousand eighty (2,080) hours annually. When working this shift, first and third days off
shall be treated as Saturdays and the middle day off (the second day) shall be treated
as a Sunday for purposes of paying overtime;
(2) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by
the City Manager.
(c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that
allows at least one (1) employee to be at the plant on a given day. When scheduled days off
are two (2) consecutive calendar days, the first day off shall be treated as a Saturday and
the second day off shall be treated as a Sunday for purposes of paying overtime.
(d) All other employees’ normal work week is forty (40) hours, two thousand eighty (2,080)
hours annually. Standard work day is midnight to midnight succeeding. Standard work week
is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted on
timely notice.
[(E) SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
UNCLASSIFIED SERVICES CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT SHALL NOT BE BOUND TO A WORK WEEK OF
ANY SET NUMBER OF HOURS. THE INDIVIDUALS IN THESE POSITIONS ARE
EXPECTED TO WORK AS MANY HOURS AS THE RESPONSIBILITIES OF THEIR
POSITIONS REQUIRE. THESE INDIVIDUALS ARE EXPECTED, HOWEVER, TO
SUBSTANTIALLY CONFORM TO THE NORMAL WORK WEEK AS DESCRIBED IN
SUBSECTION (D).] This subsection is deleted as it is not consistent with the newly created
Department Head Service and is not needed.
18. 23.30.060 Attendance.
(a) Employees shall be in attendance at their work in accordance with the rules regarding
hours of work, holidays, and leaves of absence.
(b) An employee shall not be absent [HIM OR HERSELF] from work for any reason without
prior approval from his or her supervisor. When prior approval is not obtained, an employee,
who for any reason fails to report to work, shall make a sincere effort to notify his or her
supervisor of his or her reason for being absent. If the absence continues beyond the first
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day, the employee shall notify the supervisor on a daily basis unless other arrangements
have been made with the supervisor. This is a housekeeping change.
(c) Departments shall maintain records of employees’ attendance.
(d) Any unauthorized absence of any employee from duty shall be deemed to be an
absence without pay and may be cause for disciplinary action.
19. 23.30.070 Personnel [R]Records.
(a) The City Manager shall cause a service or personnel record to be maintained for each
employee in the Classified and Department Head service of the City of Kenai. This change
is to clarify that it applies to both the classified and Department Head Service.
(b) The personnel record shall show the employee’s name, title of position held, the
department to which assigned, compensation, change in employment status, training
received, and such other information as may be considered pertinent.
(c) A personnel action form shall be used as the single document to initiate and update
personnel records.
(d) Employee personnel records shall be considered confidential and shall be accessible
only to the following:
(1) The employee concerned;
(2) Selected City officials authorized by the City Manager.
(e) Department personnel files should not be developed or maintained, except as working
records; i.e., accumulating data for evaluation reports. Departmental personnel records are
therefore unofficial and have no standing.
20. 23.30.110 Travel [E]Expense.
When employees are required to travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred shall be determined as follows:
(a) Prior to traveling outside the City, the employee shall obtain permission for the trip and
the mode of travel from the department head.
(b) Travel on official business outside the City by one (1) individual shall be via public
carrier or City-owned vehicle whenever practical. If, for extenuating circumstances, the
employee is authorized to use a private vehicle, total mileage shall be paid at the standard
IRS mileage rate. This rate includes all travel, insurance and fuel.
(c) [THOSE]Classified and Department Head Service employees who [HABITUALLY]often
use their privately-owned vehicle for City business shall be reimbursed thirty dollars ($30.00)
per month, subject to authorization by the City Manager. This amendment clarifies that
Classified and Department Head Service employees may receive a vehicle allowance.
(d) The authorized per diem rates are fifty dollars ($50.00) per full twenty-four (24) hour
day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to fifty
dollars ($50.00) per day. Claims for lodging expenses will be supported by receipts.
21. 23.30.120 Moving [E]Expense for [N]New [E]Employees.
(a) [WHENEVER A PROFESSIONAL OR TECHNICALLY TRAINED PERSON CHANGES
HIS OR HER PLACE OF RESIDENCE MORE THAN FIFTY (50) MILES, FOR THE
PURPOSE OF ACCEPTING EMPLOYMENT WITH THE CITY, SUCH A PERSON MAY BE
REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES UNDER THE FOLLOWING
CONDITIONS:] At the City Manager’s discretion moving expenses for new employees may
be reimbursed for actual and necessary expenses under the following conditions:
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(1) The employee must be appointed to a position or a class for which the City
Manager certifies that such expenditure is necessary to recruit qualified employees and
funded by the Council.
(2) The maximum reimbursable shall be subject to negotiation at the time of an offer
of acceptance of appointment.
[(3) TO BE ELIGIBLE FOR THE TOTAL ALLOWANCE FOR AN EMPLOYEE WHO
IS THE HEAD OF A HOUSEHOLD, HIS OR HER DEPENDENTS MUST ACCOMPANY
HIM OR HER OR JOIN HIM OR HER WITHIN ONE (1) YEAR OF THE DATE OF HIS
OR HER APPOINTMENT.]
[4](3) New employees who are assisted with their moving expenses shall be required
to sign a Transportation Agreement prior to employment. The Transportation
Agreement stipulates that the employee will reimburse the City for all or part of such
expenditures in the event of voluntarily leaving City service within a period of two [(2)]
years according to the following schedule:
100%—Less than six (6) months.
75%—Six (6) months, but less than twelve (12) months.
50%—Twelve (12) months, but less than eighteen (18) months.
25%—Eighteen (18) months, but less than twenty-four (24) months.
0%—Two (2) years and over.
(b) New employees may not be given an advance against moving expenses without prior
written approval of the City Manager. The changes to this section covering moving expenses
remove certain limitations, such as requiring dependents to move as well, and a specific
distance requirement, providing greater flexibility in recruitment to the City Manager.
22. 23.30.140 Relatives in [C]City [S]Service.
(a) Two (2) members of an immediate family (spouse, children, brother, sister, in-laws or
parents) shall not be employed under the same immediate supervisor. Neither shall two (2)
members of an immediate family be employed at the same time regardless of the
administrative department, if such employment will result in an employee supervising a
member of his or her immediate family. This section shall not be construed to prohibit
employment by the City of relatives of City Council members.
(b) The provisions of this section shall apply to promotions, demotions, transfers, reinstate-
ments, and new appointments.
[(C) COHABITATION BY ADULTS OF THE OPPOSITE SEX PRESUMES A FAMILY
RELATIONSHIP AND SHALL BE CONSTRUED AS SUCH.] Changes to this section of code
are primarily housekeeping changes modernizing the code. The City should not be making
presumptions about familial relationships in this case.
23. 23.35.020 Causes for [W]Warning, [S]Suspension, or [D]Dismissal.
(a) When an employee[’s] in the Classified Service demonstrates conduct that falls below
desirable standards, he or she may be subject to disciplinary action. This change clarifies
causes for discipline do not apply to Department Head employees that may be suspended
or terminated at will.
(b) General reasons for which an employee may be disciplined include:
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(1) Drinking intoxicating beverages on the job or arriving on the job under the
influence of intoxicating beverages.
(2) Use, consumption, or possession of marijuana (including every compound,
manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin,
including marijuana concentrate), on the job or arriving on the job impaired by the same,
unless the employee has a medical prescription for marijuana from a licensed medical
practitioner as a part of a medical treatment and can perform work unimpaired.
(3) Illegal use, consumption or possession of any controlled or illegal substance on
the job or arriving on the job impaired by the same.
(4) Ingestion, of any prescription or over the counter medication in amounts beyond
the prescribed or recommended dosage on the job, or arriving on the job impaired by
the same. Employees shall notify their immediate supervisor when required to use
prescription medicine that they have been informed has the potential to impair job
performance.
(5) Violation of a lawful duty.
(6) Insubordination.
(7) Breach of discipline.
(8) Being absent from work without first notifying and securing permission from the
employee’s supervisors.
(9) Being habitually absent or tardy for any reason.
(10) Misconduct.
(11) Conviction of a felony or a misdemeanor involving moral turpitude.
(12) Using religious, political, or fraternal influence.
(13) Accepting fees, gifts, or other valuable things in the return for performance of the
employee’s official duties for the City.
(14) Inability to perform the assigned job.
(15) Political activity as restricted by the Charter.
(16) Failure to follow the City’s Drug, Alcohol, and Marijuana policy as set forth in the
City of Kenai Employee Handbook.
(17) Knowingly or negligently failing to follow Federal and State occupational safety
and health regulations and City law and policy regarding the same.
24. 23.35.030 Forms of [D]Disciplinary [A]Action.
(a) Disciplinary action for employees in the classified service ranges from oral or written
reprimands to suspension, demotion, and finally dismissal from the City service, and
depends on the severity of the offense as well as the number and the frequency of previous
acts of misconduct.
(b) It shall be the duty of all City employees to comply with and to assist in carrying into
effect the provisions of the City’s personnel rules and regulations. No employee in the
classified service shall be disciplined except for violation of established rules and regulations,
and such discipline shall be in accordance with procedures established by the personnel
rules and regulations.
(c) Every department head shall discuss improper or inadequate performance with the
employee in order to correct the deficiencies and to avoid the need to exercise disciplinary
action. Where appropriate, disciplinary action shall be of increasing severity.
(d) A written notice shall be given each employee in the classified service for each written
disciplinary action stating the reasons for the disciplinary action and the date it shall take
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effect. The notice shall be given to the employee at the time such action is taken. A copy of
the notice signed by the employee shall be placed in the employee’s personnel file and shall
serve as prima facie evidence of delivery.
(e) All regular employees in the classified service shall have the right to appeal disciplinary
action taken against them within five (5) working days after receipt of notice by employee of
the disciplinary action. Appeals shall be made as grievances in accordance with the
provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal
shall be made directly to a Personnel Board selected from the Arbitration Panel provided in
KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the
background, the disciplinary action, and the reasons why the disciplinary action is felt to be
unjust. Changes in this section are to clarify that it only applies to classified employees.
25. 23.35.032 Arbitration [P]Panel.
(a) There is hereby established an Arbitration Panel consisting of twelve (12) members
who shall be chosen by the City Council from nominees made by City employees and by
members of the City Council.
(b) A member of the Arbitration Panel must be a resident of the City of Kenai and must not
hold any other office or position in the government of the City of Kenai.
(c) Members of the panel shall serve for indefinite terms until termination by the Council,
resignation by the member, death, move from the City of Kenai, election, or appointment as
an officer or employee of the City of Kenai, or incapacity of the member.
(d) By adoption of the ordinance codified in this chapter, the city hereby waives any claim
or cause of action it might have against any member of the Arbitration Panel based on his or
her service thereon or on a Personnel Board. Any employee in the classified service, by filing
an appeal under the provisions of this chapter, likewise waives any claim or cause of action
such employee might have against any member of the Arbitration Panel based on his or her
service thereon or on a Personnel Board, and if requested such employee will execute and
file a formal waiver at time of filing appeal. This amendment clarifies that this section only
applies to classified employees.
26. 23.35.034 Procedures on [A]Appeal.
(a) Within five (5) working days after the filing of a written appeal with the City Clerk, the
City Manager or the designee of the City Manager shall file with the City Clerk an answer in
writing to the appeal setting forth any facts which might be in dispute in the appeal, and
setting forth the reasons why the actions are believed to be justified and the City Manager
or his or her designee shall serve a copy of the answer on the employee in person or by
ordinary mail to employee’s home address.
(b) Promptly after the appeal is filed, the City Clerk shall deliver a copy of the appeal to the
City Manager.
(c) The members of the Arbitration Panel shall be listed in alphabetical order, and will be
called in rotation. Any member passed over because of illness or absence, or disqualified by
an appealing employee in the classified service or the administration, shall be treated as
though he or she has served on the Personnel Board and will not be called again until his or
her name comes up in the normal rotation. As soon as an appeal is filed with the City Clerk,
the City Clerk will make contact and determine the next five (5) members of the panel due
and available for service during the following three (3) weeks, and shall notify the appealing
employee of the five (5) members due for service. The appealing employee will advise the
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City Clerk within two (2) working days which member the employee wishes deleted from the
list, and the City Clerk will then notify the City Manager or his or her designee of the four (4)
remaining members due for service. The City Manager or his or her designee will advise the
Clerk within one (1) working day of the name of the member the administration wishes to
delete from the list. Thereafter, the Clerk will notify the two (2) members of their
disqualification and the other three (3) members as to being chosen for service and will
determine a date, time, and place when all three members may assemble for hearing, and
will then notify the appealing employee in the classified service and the City Manager or
designee of such date, time, and place of hearing.
(d) At the time of hearing, the employee in the classified service shall present any written
evidence, oral testimony, or witnesses that he or she desires, and thereafter the City
Manager or designee shall present evidence, oral testimony, or witnesses as he or she
deems fit, following which the parties may continue to present rebuttal testimony alternately
until neither side has anything further to present.
(e) After completion of presentation of testimony, the appealing employee in the classified
service may make any statement he or she desires by way of argument, which may be
answered by the City Manager or designee, and the appealing employee shall then have a
final closing argument if he or she so desires.
(f) If any member of the Personnel Board feels it necessary or desirable, he or she may
call additional witnesses or call for presentation of additional testimony, adjourning the
hearing to a future time for such presentation if necessary.
(g) After presentation of all evidence and arguments, the Personnel Board shall go into
executive session to make a determination of the appeal, and the Personnel Board shall
make written findings of fact and conclusions as to the justness of the disciplinary action.
(h) There shall be no formal restrictions on the kind of or form of evidence presented so
long as it is pertinent to the appeal and is not unduly repetitive, but the Personnel Board by
majority vote may limit repetitive evidence and may restrict evidence to matters pertinent to
the hearing and to evidence which they would find credible.
(i) The Personnel Board has power to uphold the disciplinary action, to set aside the
disciplinary action completely restoring the appealing employee in the classified service to
his or her former position and to any and all pay which may have been lost because of the
disciplinary action, or if the Personnel Board feels it necessary in the interest of justice that
some disciplinary action be taken but that the particular disciplinary action was too extreme,
it shall determine what the proper disciplinary action should be.
(j) The decision of the Personnel Board may be made by a majority of the Board and shall
be final and binding on the employee and on the City.
(k) Copies of the appeal, the answer to the appeal, and the written decision of the
Personnel Board shall become a part of the personnel file of the appealing employee.
Amendments to this section provide that it only applies to Classified Employee’s.
27. 23.35.040 Grievance [P]Procedure.
(a) [THE]For employees in the classified service, the City shall promptly consider and
equitably adjust employee grievances relating to employment conditions and relationships.
Furthermore, the City desires to adjust the causes of grievances informally, both supervisors
and non-supervisory employees in the classified service are expected to resolve problems
as they arise.
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(b) The following steps shall be followed in submitting and processing a grievance for
employees in the classified service:
(1) Step 1—The aggrieved employee in the classified service or group of employees
in the classified service shall orally present the grievance to the immediate supervisor
within five (5) working days of the occurrence, not including the date of presentation.
(2) Step 2—If the grievance is not settled in Step 1, it shall be prepared in detail, shall
be reduced to writing, shall be dated, shall be signed by the aggrieved employee in the
classified service or group of employees in the classified service, and shall be presented
to the department head within five (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 in Step 2, the written grievance shall be
presented along with all pertinent correspondence, records, and information
accumulated to date to the City Manager within seven (7) working days after the
department head’s response is given, not including the day that the response is given.
The City Manager shall meet with the aggrieved employee or group of employees, the
immediate supervisor and the department head. The City Manager shall reply to the
grievance in writing within seven (7) working days of the date of presentation of the
written grievance. The decision of the City Manager shall be final and binding on the
employee or group of employees.
(c) If the grievance procedures are not initiated within the time limits established by this
section, the grievance shall be considered not to have existed.
(d) Any grievance not taken to the next step of the grievance procedure shall be considered
settled on the basis of the last reply made and received in accordance with the provisions of
this section.
(e) If the City fails to meet or answer any grievance within the time limits prescribed for
such action by this section, such grievance shall automatically advance to the next step. If
the City fails to meet or answer any grievance on the last step of the grievance procedure
within the time limits prescribed for such action by this section, it shall be deemed that the
City has considered the grievance to be in favor of the grievant and shall resolve the matter
accordingly.
(f) The time limits prescribed in this section for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties so involved.
Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual
consent shall be indicated in writing and shall be signed by all parties involved. No employee
shall be disciplined or discriminated against in any way because of the employee’s proper
use of the grievance procedure. Changes to this section clarify that grievance procedures
are only for Classified Employees.
28. 23.40.010 General.
(a) All non-temporary, full-time,[AND] non-temporary part-time (fifteen (15) hours and over
per week) classified and Department Head Service employees are entitled to the following
benefits, except for medical and hospital insurance which shall be available to non-temporary
employees working no less than twenty-five (25) hours per week, as specified in this article.
(b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training
(MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers
Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other
benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The
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hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees’
Retirement System. The Amendment to this section provides that Department Head Service
employees get the same relevant benefits as classified employees.
29. 23.40.030 Annual [L]Leave.
(a) Annual leave is a combined vacation and sick leave.
(b) Accrual rate:
(1) Full-time [CLASSIFIED] employees except certain Fire Department employees:
This change is to include Department Head Service employees.
7.3846 hours bi-weekly—first two (2) years of service.
8.3077 hours bi-weekly—three (3) through five (5) years of service.
9.2308 hours bi-weekly—six (6) through ten (10) years of service.
10.1538 hours bi-weekly—more than ten (10) years of service.
(2) Fire (7(k) work period):
10.3385 hours bi-weekly—first two (2) years of service.
11.6308 hours bi-weekly—three (3) through five (5) years of service.
12.9231 hours bi-weekly—six (6) through ten (10) years of service.
14.2154 hours bi-weekly—more than ten (10) years of service.
(c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8)
hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve
(12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four
(24) hour work day, twenty-four (24) hours annual leave.
(d) Leave continues to accrue during the period of time an employee is on paid leave
except during periods of terminal leave (leave time after which the employee does not intend
to return to work). Leave does not accrue during periods of leave without pay.
(e) Accrued and unused leave may be carried over from one (1) year to the next for the
purpose of accumulating an annual leave account or reserve. The maximum leave hours
that may be accrued is six hundred forty (640) hours for classified, [AND] unclassified, and
Department Head service employees, and eight hundred ninety-six (896) hours for Fire
Department employees working a 7(k) work period.
(f) Annual leave may be used for any purpose desired by the employee. Incidental
absences for sickness as unplanned are not controllable. However, planned absences must
be coordinated with and approved by the appropriate department head.
(g) It is required that each employee use a minimum of eighty (80) hours of leave per
calendar year for employees working forty (40) hours per week, and one hundred twelve
(112) hours for employees working a 7(k) work period, and affect appropriate coordination
with the department head. If actual hours used are less than the minimum requirement, then
the difference shall be deducted from available leave hours without any compensation to the
employee.
(h) Excess leave above the amount authorized for accrual (subsections (a) through (e))
existing on December 31st shall automatically be paid at the then existing rate for the
individual employee.
(i) Department heads shall schedule vacations for their respective employees with due
consideration for the desires of the employees and the work requirements facing the
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department. Vacation schedules may be amended to allow the department to meet
emergency situations.
(j) In the event of significant illness or injury not covered by workers’ compensation, or
absence due to training or education an employee on exhausting annual leave may, with the
approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x
7.3846 hours) to avoid a no-pay status. In the event the person’s employment with the City
ends prior to the borrowed leave being repaid, the employee must reimburse the City for the
value of any leave not repaid. The City may deduct the value of any leave not repaid from
the employee’s final paycheck.
(k) Part-time employees working fifteen (15) hours a week or more shall accrue at the same
rate as a full-time employee except on a proportional basis as to hours.
(l) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES]Employees considered to be exempt from the provisions of the Fair
Labor Standards Act shall have annual leave charged on an eight (8) hour/whole day basis.
If any such employee is present for work during any portion of a day, that employee shall not
be charged annual leave for that day. Conversely, if any such employee is absent from her
or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays)
that employee will be charged eight (8) hours of annual leave for that day. This amendment
is consistent with other similar amendments above, removing the supervisory and
professional designation from code, as FLSA exemptions are determined based on federal
law analysis.
30. 23.40.060 Leave of [A]Absence with [P]Pay.
(a) Employees may request leave of absence with pay for:
(1) Witness or Jury Duty. When a City employee is called for jury duty or is
subpoenaed as a witness, he or she shall not suffer any loss of his or her regular City
compensation during such absence; however, he or she shall be required to transfer
any compensation he or she receives for the performance of such duty to the City. Time
not worked because of such duty shall not affect annual leave accrual.
(2) Military Leave. Employee’s shall be eligible for military leave or associated benefits
in compliance with State and Federal law. [AN EMPLOYEE WHO HAS COMPLETED
THE PROBATIONARY PERIOD AND WHO IS A MEMBER OF THE NATIONAL
GUARD OR RESERVE COMPONENT OF THE ARMED FORCES 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 ONE (1) PERIOD NOT EXCEEDING FIFTEEN (15) CONSECUTIVE DAYS IN
ANY ONE (1) CALENDAR YEAR. HOWEVER, BECAUSE POLICE, FIRE, AND
COMMUNICATIONS EMPLOYEES HAVE A TWELVE (12) MONTH PROBATIONARY
PERIOD RATHER THAN THE SIX (6) MONTH PROBATIONARY PERIOD FOR
OTHER CLASSIFIED EMPLOYEES, THEY SHALL BE ELIGIBLE FOR MILITARY
LEAVE AFTER SIX (6) MONTHS OF SERVICE. SUCH LEAVE SHALL BE GRANTED
WITHOUT LOSS OF TIME, PAY (DIFFERENCE BETWEEN REGULAR AND
MILITARY PAY INCLUDING COLA, BUT NOT INCLUDING OTHER REGULAR
ALLOWANCES), OR OTHER LEAVE, AND WITHOUT IMPAIRMENT OF MERIT
RATINGS OR OTHER RIGHTS OR BENEFITS TO WHICH HE OR SHE IS ENTITLED.
MILITARY LEAVE WITH PAY SHALL BE GRANTED ONLY WHEN AN EMPLOYEE
RECEIVES BONA FIDE ORDERS TO TEMPORARY ACTIVE OR TRAINING DUTY,
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AND SHALL NOT BE PAID IF THE EMPLOYEE DOES NOT RETURN TO HIS OR
HER POSITION IMMEDIATELY FOLLOWING THE EXPIRATION OF THE PERIOD
FOR WHICH HE OR SHE WAS ORDERED TO DUTY.] This is essentially a
housekeeping change. Military leave is governed by state and federal law and should
not be restated in our City code as state and federal laws may change creating an
opportunity for the City code to conflict with other laws.
(3) Conferences, Conventions and Other Related City Business. Decisions
concerning attendance at conferences, conventions, or other functions pertaining to
City business at City expense shall be made by the department heads with the approval
of the City Manager. Permission shall be granted on the basis of an employee’s
participation in or the direct relationship of the function to the City. Members of
professional societies may be permitted to attend meetings of their society when such
attendance is considered to be in the best interest of the City.
(4) Death in the Immediate Family. Leave of absence with pay is provided to assist
an employee who must be absent from work as a result of a death in the immediate
family. The employee’s absence would be for funeral attendance, or to handle matters
arising due to the death of an immediate family member, that cannot practicably be
taken care of outside of regular business hours. Upon the City Manager’s approval,
employees shall be entitled to the following leave, which will not directly affect their
personal leave account: three (3) working days, up to twenty-four (24) hours maximum.
32. [23.40.150 DEFINITIONS.
IN KMC 23.40.130 THROUGH 23.40.140:
(A) “CHILD” MEANS AN INDIVIDUAL WHO IS:
(1) UNDER EIGHTEEN (18) YEARS OF AGE; OR
(2) EIGHTEEN (18) YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE
BECAUSE OF MENTAL OR PHYSICAL DISABILITY.
(B) “HEALTH CARE PROVIDER” MEANS: (1) A PHYSICIAN LICENSED UNDER AS
08.64, OR A DENTIST LICENSED UNDER AS 08.36, OR A PSYCHOLOGIST LICENSED
UNDER AS 08.86; OR (2) ANY OTHER PERSON DETERMINED BY THE SECRETARY OF
LABOR TO BE CAPABLE OF PROVIDING HEALTH CARE SERVICES.
(C) “LICENSED HEALTH CARE PROVIDER” MEANS A PHYSICIAN LICENSED UNDER
AS 08.64 OR A PSYCHOLOGIST LICENSED UNDER AS 08.86.
(D) “PARENT” MEANS A BIOLOGICAL OR ADOPTIVE PARENT, A PARENT-IN-LAW,
OR A STEP-PARENT.
(E) “SERIOUS HEALTH CONDITION” MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR
PHYSICAL OR MENTAL CONDITION THAT INVOLVES: (1) INPATIENT CARE IN A
HOSPITAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY; OR (2) CONTINUING
TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER.
(F) “SPOUSE” MEANS SOMEONE WITH WHOM THE EMPLOYEE HAS AN EXISTING
VALID MARRIAGE AS SET FORTH UNDER AS 25.05 AND SPECIFICALLY DOES NOT
INCLUDE AN UNMARRIED DOMESTIC PARTNER OF THE EMPLOYEE.
(G) “IMMEDIATE FAMILY” INCLUDES MOTHER, FATHER, SPOUSE, CHILDREN,
BROTHER, SISTER, MOTHER/FATHER-IN-LAW. THE CITY MANAGER MAY
DETERMINE “OTHER INDIVIDUALS” ARE IMMEDIATE FAMILY, PARENTS, CHILDREN,
SIBLINGS AND OTHERS INVOLVED IN THE SIGNIFICANT RAISING.] This is a
housekeeping change. This section is deleted as it provides state and federal definitions
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pertaining to state and federal law compliance which have changed and are subject to
change. The best practice is to review actual state and federal definitions to ensure
mandatory compliance.
33. 23.45.020 Periods of Evaluation.
Each employee [IN THE CLASSIFIED SERVICE] shall have his or her performance evaluated
at the following periods: This change ensures all employees are evaluated.
(a) End of Probationary Period. Each employee in the classified service shall be evaluated
thirty [(30)] days prior to the completion of his or her probationary period. The employee must
have an overall evaluation of at least “Meets Expectations” in order to become permanent
or, in the case of seasonal employees, be eligible for the next season’s employment. This
change reflects only Classified Employees have an probationary period.
(b) Annual. Each employee shall receive an annual performance evaluation thirty [(30)]
days prior to his or her anniversary date[.] and thirty days prior to the end of each season for
seasonal employees. This housekeeping change recognizes current City practice.
(c) Time of Separation. Each employee shall be evaluated at the time of separation and
such record shall become part of his or her permanent personnel file.
34. 23.45.030 Performance [E]Evaluators.
(a) Rating Officer. The rating officer shall normally be the employee’s immediate
supervisor. The rating officer shall be responsible for completing a performance evaluation
report at the time prescribed for each employee under his or her supervision.
(b) Reviewing Officer. The reviewing officer shall normally be the rating officer’s immediate
supervisor or department head. The reviewing officer shall review the performance
evaluation report completed by each rating officer under his or her jurisdiction before the
report is discussed with the employee. The reviewing officer shall consider the performance
evaluations completed by the rating officer in evaluating the rating officer’s performance.
(c) Department Heads shall be evaluated by the City Manager. This amendment clarifies
that all Department Heads will be evaluated by the City Manager.
35. 23.45.040 Review of [P]Performance [R]Reports for Employees in the Classified
Service.
The rating officer shall discuss the performance evaluation report with the employee in the
classified service before the report is made part of the employee’s permanent record. If the
rating officer plans to recommend the denial of an in-grade pay increment or recommend an
extraordinary increment, the report must be discussed with the reviewing officer and the City
Manager prior to review with the employee. This change reflects that only Classified
employees pay increases are based on evaluations and a step schedule. As provided below,
Classified employees who receive a negative rating on their evaluation are not eligible for a
step increase.
36. 23.45.050 Unsatisfactory [E]Evaluation for Employees in the Classified Service.
Employees in the classified service who receive an overall rating of “Unsatisfactory” or “Needs
Improvement” on their annual evaluation shall not be eligible to be advanced a step increment
at appropriate annual, biennial or quadrennial anniversary dates. Employees in the classified
service who receive two [(2)] consecutive overall ratings of “unsatisfactory” shall be subject to
dismissal. Consistent with the amendment above, step increases based on evaluations only
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apply to Classified employees. Department Head Service employees will be evaluated, but
there is not a guarantee they will receive additional compensation even with a positive
evaluation.
37. 23.45.060 Performance [E]Evaluation [A]Appeal [P]Procedure for Employees in the
Classified Service.
[EMPLOYEES’ P]Performance evaluation reports for employees in the classified service shall
not be subject to the standard grievance procedure. Employees in the classified service shall
have the right to appeal their evaluation in accordance with the following procedure:
(a) Step 1. If, after a review of his or her performance evaluation report with the rating
officer, the employee feels that the report is unfair, he or she may request a meeting with the
reviewing officer by checking the appropriate section on the report. The rating officer will then
immediately forward the report to the reviewing officer who will arrange to meet with the
employee within five (5) working days after receiving the report. The reviewing officer will
then forward a decision in writing to the employee within five (5) working days after the date
of their meeting.
(b) Step 2. In the event that the employee is dissatisfied with the decision of the reviewing
officer, he or she may, within five (5) working days of receipt of the decision, appeal his or
her performance evaluation report, in writing, to the City Manager. The City Manager shall,
within five (5) working days, meet and discuss the report with the employee. The City
Manager will, in writing, make a decision within ten (10) working days from the date of their
meeting. The decision of the City Manager will be final. Amendments to this section are to
reflect that appeal of evaluations only applies to the Classified Service. Appeals of
evaluations are not applicable to at-will Department Head Service employees.
38. 23.50.010 Employee [C]Classification.
City employees shall be classified by Class, Title, and Pay Range as follows:
CLASS CODE CLASS TITLE RANGE
(a) SUPERVISORY AND PROFESSIONAL
101 City Manager NG
102 City Attorney NG
103 City Clerk NG
104 Finance Director* 24
105 Public Works Director* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to City
Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
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CLASS CODE CLASS TITLE RANGE
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
(d) PUBLIC WORKS
401 Building Official 15
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
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CLASS CODE CLASS TITLE RANGE
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation Operator 9
505 Parks, Beautification and Recreation Laborer 2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Head[S] Service This is a minor change to reflect the new term “Department
Head Service.”
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a
fluctuating and unpredictable training schedule, he or she shall be considered to work
twelve (12) hours per day from Monday through Saturday and eleven (11) hours on Sunday,
or the actual number of hours worked, whichever is greater. The normal work schedule at
the academy shall be five (5) eight (8) hour shifts from Monday to Friday rather than four
(4) ten (10) hour shifts as stated in KMC 23.50.050(b)(l).
39. 23.55.015 – Department Head Service Salaries.
Salaries of employees in the Department Head Service shall be set by the City Manager within
the range approved by the City Council as approved through the budget process. This is a
new section of code explaining that the City Manager can set a Department Head’s salary
anywhere within the range of the salary approved by council and through the budget process.
40. 23.55.020 Compensation Structure by Grade for Employees in the Classified
Service.
(a) Compensation structure by grade for employees in the classified service is hereby
established in accordance with the table that is appended to this title and which may be
amended, modified, or replaced by ordinance, in which case a copy of the amended,
modified, or replacement table shall be substituted for the prior table and placed in the code
at the end of this title.
(b) On completion of the probationary period, each permanent full-time employee in the
classified service, except seasonal employees, shall be advanced one [(1)] step. At
succeeding anniversary dates, subject to evaluation, employees in the classified service may
be advanced a step increment subject to City Manager approval. The time period normally
between steps B to C to D to E to F is one [(1)] year. The time normally between Steps F to
AA to BB to CC is two [(2)] years.
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(c) On completion of the probationary period, each permanent part-time employee in the
classified service and seasonal employee shall be advanced one [(1)] step. At appropriate
biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent
annual evaluation being “Meets Expectations” or better, the employee, including seasonal
employees, may be advanced a step increment. The time period normally between steps B
to C to D to E to F is two [(2)] years. The time period normally between steps F to AA to BB
to CC is four [(4)] years. Amendments to this section clarify that it only applies to Classified
employees.
41. 23.55.50 Hourly Rates.
(a) Hourly rates for employees in the classified service not exempted from minimum wage
and overtime provisions of the Fair Labor Standards Act (with various experience, skills, and
responsibilities) are hereby established in accordance with the table that is appended to this
title and which may be amended, modified, or replaced by ordinance, in which case a copy
of the amended, modified, or replacement table shall be substituted for the prior table and
placed in the Code at the end of this title. This amendment is consistent with the overall
structure in the Personnel Code that only Classified employees are paid on an hourly basis.
42. 23.55.060 Stand-by [P]Pay.
(a) Where employees in the classified service are placed on a stand-by status, they shall
be entitled to a 5% rate of pay computed against Step A of the pay range of the employee
for each hour in stand-by status.
(b) To be eligible for stand-by pay, an employee in the classified service must formally be
placed on stand-by status, with the approval of the City Manager, and the proper
documentation indicating such approval placed in the employee’s personnel records. An
employee in stand-by status must be available for call-outs, must be in a location whereby
the responsible City personnel can communicate with him or her, and comply with any other
requirements of the approved stand-by pay. This amendment clarifies that only Classified
employees receive stand-by pay.
43. 23.55.070 Call-out [P]Pay.
When employees in the classified service are called out to work outside of normal working
hours, they shall be paid a minimum of two [(2)] hours pay at overtime rates. Overtime hours
worked immediately prior to, or after, normal working hours will not be considered as a “call-
out.” This amendment clarifies that only Classified employees receive call-out pay.
44. 23.55.080 Longevity [P]Pay for Employees in the Classified Service.
All regular employees in the classified service who have received an overall rating of “Meets
Expectations” or better in their last performance evaluation and who have been at Step CC
for a period of at least two (2) years as of July 31st shall be paid a longevity bonus of two
percent (2%) of his or her annual pay rate (i.e., excluding overtime). The longevity pay shall
be paid just once a year on the August payroll, except that the longevity bonus in 2008 shall
be paid after the effective date of the ordinance codified in this section but prior to the end of
the calendar year 2008. Notwithstanding the above, any employee in the classified service
who has received a range increase or a noncost of living pay increase within their current pay
range within the twelve (12) months prior to July 31st is not eligible for a longevity pay bonus.
This amendment clarifies that only Classified employees receive longevity pay.
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45. FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED AND
DEPARTMENT HEAD SERVICE EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE
PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
19 38.97 39.94 40.92 41.89 42.87 43.84 44.82 45.79 46.76
20 40.93 41.95 42.98 44.00 45.02 46.05 47.07 48.09 49.12
21 42.99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59
22 45.11 46.24 47.37 48.49 49.62 50.75 51.88 53.00 54.13
23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86
24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
13 20.77 21.29 21.81 22.33 22.85 23.37 23.89 24.40 24.92
14 21.82 22.37 22.91 23.46 24.00 24.55 25.09 25.64 26.18
15 22.91 23.48 24.06 24.63 25.20 25.77 26.35 26.92 27.49
16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87
17 25.26 25.89 26.52 27.15 27.79 28.42 29.05 29.68 30.31
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Ordinance No. 3018-2018
FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
18 $77,209 – 101,907
19 $79,185 – 106,987
20 $85,134 – 112,387
21 $89,419 – 118,037
22 $93,829 – 123,849
23 $98,550 – 130,096
24 $103,604 – 136 754
This new section of the pay scale reflect a salary range for the Department Head Service. The
bottom of the range is the same as the current FY18 Step A in the Salary Schedule for the range,
but the top of the range has been increased by 10%.
Section 2. Revised Title 23 in its Entirety:
Title 23 - Personnel Regulations
Chapter 23.05 - GENERAL PROVISIONS
23.05.010 Employment—Qualifications.
Employment in City government shall be based on qualifications, free of personal and
political considerations, with equal opportunity for all with no discrimination in employment on
the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, marital
status, changes in marital status, pregnancy, parenthood, or genetic information. It is a policy of
the City to not discriminate against the qualified disabled in employment.
23.05.020 Incentives and conditions.
Just and equitable incentives and conditions of employment shall be established and
maintained to promote efficiency and economy in the operations of the City government.
23.05.030 Uniformity of classification and compensation.
Positions having similar duties and responsibilities shall be classified and compensated on
a uniform basis.
23.05.040 Appointment.
Appointments, promotions, and other actions requiring the application of the merit principal
shall be based on systematic evaluation, designed for the position to be filled.
23.05.050 Morale.
High morale shall be maintained by the fair administration of this ordinance, by every
consideration of rights and interests of employees, consistent with the best interest of the public
and the City.
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23.05.060 Tenure.
Tenure of employees in the classified service [COVERED BY THIS TITLE] shall be subject
to good behavior, satisfactory performance of work, necessity for the performance of work, and
the availability of funds.
23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service.
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments.
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.]
(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE.
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(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) City Manager. A person directly responsible to the City Council who is authorized
and directed to exercise the powers and fulfill the duties as specified in the Charter and
Municipal Code of the City of Kenai.
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is the
chief legal advisor to the Council and all other officers, departments and agencies of the City
government in matters relating to their official powers and duties.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
Chapter 23.10 - CATEGORIES OF SERVICE
23.10.010 General.
All offices and positions of the City are divided into [C]Classified [S]Service, [AND
U]Unclassified [S]Service and Department Head Service. [ALL THE PROVISIONS OF THIS
CHAPTER SHALL APPLY TO POSITIONS IN THE CLASSIFIED SERVICE. THE PROVISIONS
OF THIS CHAPTER SHALL APPLY TO POSITIONS IN THE EXEMPT SERVICE AS INDICATED
IN KMC 23.10.020.]
23.10.020 Unclassified [S]Service.
The unclassified service shall include the following:
(a) Mayor and Council Members. Only the following provisions shall apply: KMC
23.30.110(b) and (d) [AND 23.40.080 (AS APPLICABLE)], 23.40.100 and 23.40.110.
(b) Members of Boards or Commissions. Only the following provisions shall apply to such
officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and
Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and
23.40.110.
(c) The following Council-appointed administrative offices:
(1) City Manager. The City Manager shall perform all those duties mandated for his
or her position by the provisions of this chapter and shall be bound or receive the
benefits of the following sections insofar as they are applicable: KMC 23.25.050 and
23.25.060(d); KMC 23.30.110(b), (C) and (d); and KMC 23.40.020, 23.40.030,
23.40.040, 23.40.060, 23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120, and
23.40.130. The Council shall by resolution determine whether KMC 23.40.080 applies
to the position of City Manager.
(2) City Clerk. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Attorney.
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(d) Volunteer Personnel and Personnel Appointed to Serve Without Pay. None of the
provisions of this chapter shall apply to such personnel.
(e) Consultants and Counsel Rendering Temporary Professional Services. Such services
shall be by contract and none of the provisions of this chapter shall apply.
(f) Positions Involving Seasonal or Temporary Work. All of the provisions of this chapter
shall apply to such positions but only insofar as they are applicable.
[(G) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
EXEMPT SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
CITY MANAGER
CITY ATTORNEY
CITY CLERK]
23.10.030 Classified [S]Service.
The [C]Classified [S]Service shall include all [OTHER POSITIONS IN THE CITY SERVICE]
paid employees not in the Unclassified or Department Head Service.
(a) [ALL P]Positions in the Classified Service are established by the annual budget or
[COMPENSATION GUIDE] Classification Plan. [ADOPTED BY RESOLUTION OF THE
CITY COUNCIL. ANY NEW POSITION CREATED AT THE START OR DURING THE
BUDGET YEAR AND EITHER RATIFIED OR AFFIRMED BY THE CITY COUNCIL.]
[(B) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
CLASSIFIED SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS
OF THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
AIRPORT MANAGER
FINANCE DIRECTOR
FIRE CHIEF
LIBRARY DIRECTOR
PARKS AND RECREATION DIRECTOR
POLICE CHIEF
POLICE LIEUTENANT
PUBLIC WORKS DIRECTOR
PUBLIC WORKS MANAGER
SENIOR CENTER DIRECTOR.]
23.10.035 Department Head Service
(a) Positions in the Department Head Service are established by the annual budget or
Classification Plan.
(b) The Department Head Service shall consist of full-time paid employees who are the
heads of departments. Department Heads serve at will. The City Manager may suspend or
dismiss such employees without cause subject to review by the City Attorney.
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Chapter 23.15 - ADMINISTRATION
23.15.010 Administration by City Manager.
The personnel program established by this title shall be administered by the City Manager.
He or she shall administer all provisions of this title and of the personnel rules. He or she shall
prepare and recommend revisions and amendments to this title as deemed necessary. The City
Manager shall draft such rules as may be necessary to carry out the provisions of this title. Such
rules shall be uniform application except as specifically stated. Additionally, each department of
the City is encouraged to establish departmental rules, regulations, and procedures subject to the
approval of the City Manager. Such rules, regulations, and procedures shall be in harmony with
the general rules of the City Manager and provisions of this title, and shall be binding on the
employees.
Chapter 23.20 - CLASSIFICATION
23.20.010 Initial [C]Classification.
The City Manager shall make analysis of the duties and responsibilities of all positions in the
[C]Classified [S]Service and Department Head Service and shall recommend to the Council a job
classification plan. Each position in the [C]Classified [S]Service and Department Head Service
shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities.
[, TO THE END THAT] All positions in the same class shall be sufficiently alike to make use of a
single descriptive title, the same qualification requirements, the same test of competence, and
the same pay scale. A job class may contain one [(1)] position or more than one [(1)] position.
The Council shall adopt a classification plan by ordinance.
23.20.020 Revisions to classification plan.
The initial classification plan shall be revised from time to time as changing positions require
it, with the recommendation of the City Manager and the approval of the City Council. Such
revisions may consist of addition, abolishment, consolidation, division, or amendment of the
existing classes.
23.20.030 Adjustments to organization.
Whenever a change in the organization of the City administration is brought about by changes
in the classification system outlined above, the City Manager shall submit to the Council a chart
or table of organization of the administration, indicating the new structure and reporting
relationship.
Chapter 23.25 - COMPENSATION
23.25.010 Pay plan—Development.
The City Manager, in consultation with the Finance Director, shall prepare a pay plan and
rules for its administration. The rate and range where each class shall be such as to reflect fairly
the differences in duties and responsibilities and shall be related to compensation for comparable
positions in other places of public employment. The objective of the pay plan shall be to provide
an appropriate compensation structure to recruit and retain an adequate supply of competent
employees.
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23.25.020 Pay [P]Plan and [A]Adoption.
The City Manager shall submit the pay plan and rules for its administration to the City Council
for adoption. Before the pay plan and the rules for its administration are adopted by the Council,
the City Manager shall assign each job class to one [(1)] of the pay ranges provided in the pay
plan. A salary schedule for the Department Heard Service shall be part of the pay plan. The
Council shall adopt a plan and rules by ordinance.
23.25.030 Pay [P]Plan [A]Amendment.
The pay plan may be amended by the City Council from time to time as circumstances
require, either by adjustment of rates or by reassignment of job classes to different pay ranges or
salary schedule. All modifications shall apply uniformly to all positions in the same class.
23.25.040 Appointee [C]Compensation –Classified Service.
(a) Upon initial appointment to a position, the employees in the Classified Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) [HOWEVER, I]In [THE] cases when unusual difficulty in filling the vacancy is
experienced, or when the appointee is exceptionally qualified, the City Manager may cause
the appointment for employees in the Classified Service to be made at a compensation level
above the minimum, but not more than level D for the same class.
23.25.045 Department Heads
(a) Upon initial appointment to a position, employees in the Department Head Service
shall receive the minimum compensation for the class to which the position is allocated,
except as provided below.
(b) In cases when unusual difficulty in filling the vacancy is experienced, or when the
appointee is exceptionally qualified, the City Manager may cause the appointment for
employees in the Department Head Service to be made at a compensation level above the
minimum, but not more than the maximum for the same class.
23.25.050 Pay day.
The pay period is bi-weekly. Employees shall be paid every other Friday (pay day). If the pay
day falls on a holiday, employees shall be paid on the last working day preceding the pay day.
23.25.060 Overtime.
(a) Department heads and supervisors shall assign to each employee regular work duties
and responsibilities which can normally be accomplished within the established work day
and work week.
(b) When employees are required to work overtime, department heads shall authorize
compensatory time off or overtime pay. Determination to grant overtime pay or compensatory
time off shall rest with the department head, City Manager, or acting department heads, who
shall give due consideration to desires of the employee, to budgetary controls, and to the
provisions of subsection (c) of this section. Rates for overtime (in addition to regular
compensation based upon compensation schedules) shall be based upon the employee’s
regular rate of pay as follows:
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(1) [GENERAL GOVERNMENT E]Employees in the Classified Service (excluding
public safety, sewer treatment plant, and temporary employees):
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 2
Holiday 2 1/2
(2) Temporary employees:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
Holiday 1 1/2
(3) [GENERAL GOVERNMENT] Employees in the Classified Service and temporary
employees other than employees engaged in fire protection activities must be in a paid
status for forty (40) hours in the work week before overtime compensation will be paid.
(4) Police, communications and sewer treatment plant employees:
Regular Pay Times
Regular Work Day 1 1/2
Saturday 1 1/2
Sunday 2
(5) Employees engaged in fire protection activities:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
(6) Police, communications, employees engaged in fire protection activities, and
sewer treatment plant employees must be in a paid status for their normal work week,
as follows, before overtime compensation will be paid:
Police 40 hours
Employees engaged in fire
protection activities
As required by the Fair
Labor Standards Act
Communications 40 hours
Sewer treatment plant 40 hours
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Ordinance No. 3018-2018
However, overtime may be paid as required by the Fair Labor Standards Act,
recognizing that an employee’s salary is compensation for the normal shifts specified
in this Title.
(c) Compensatory time accumulation shall not exceed the total number of hours equal to
one (1) regular shift of the employee. Once this maximum accumulation has been reached,
all overtime compensation earned by the employee shall automatically be paid in cash.
(d) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES CONSIDERED TO BE] Positions exempt from the provisions of the
Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The
individuals in these positions are expected to work as many hours as the responsibilities of
their positions require. As a result, individuals in these positions shall not be paid overtime
or allowed to accrue compensatory time.
23.25.065 Shift differential pay.
(a) Eligible employees who work certain shifts explained below are entitled to additional
compensation. To be eligible, the scheduled shift must be for a period of less than twenty-
four (24) hours.
(b) Eligible shifts and rates are:
(1) Shift begins after 2:00 p.m. and before 6:00 p.m.—2%.
(2) Shift begins on or after 6:00 p.m. and before 3:00 a.m.—4%.
(c) The above rates will be computed against Step A of the pay range of the employee.
Shift pay is not to be considered in computing annual leave or holiday pay.
(d) Eligible employees shall receive shift differential pay for each eligible shift worked.
(e) Shift pay will be allowed only upon approval of the City Manager when such work
schedule is necessary for the benefit of the City.
23.25.070 Acting positions.
Compensation During Temporary Assignment. An employee who is temporarily assigned to
and performs duties of a position with a higher pay range for a period of forty (40) or more
consecutive regular work hours for employees not performing fire protection activities and fifty-six
(56) or more consecutive regular work hours for employees performing fire protection activities
shall be paid at the first step of the higher pay range, or, the employee shall be granted a one (1)
step pay increase, whichever is higher, for the period worked in the temporary assignment. An
employee who is temporarily assigned to a position with a lower pay range, for any period, shall
not receive a reduction in pay. No such temporary assignment shall exceed six (6) months. Such
acting appointments shall be in writing and the employee must perform the duties of the position.
23.25.080 Promotion.
When an employee in the Classified Service is promoted from one class to another having
a higher pay range, he or she shall receive an increase of not less than one (1) pay step from his
or her former position.
Chapter 23.30 - PERSONNEL POLICIES AND PROCEDURES
23.30.010 General.
(a) Recruitment and appointing authority shall be vested in the City Manager.
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(b) Applicants must be United States citizens or eligible for employment under existing
State and Federal laws and regulations in order to be employed by the City.
(c) Applicants for positions in the [CITY] Classified and Department Head [S]Service need
not reside within the City Limits. Departmental rules shall establish response times required
by that department.
(d) Minimum age for City employment shall be in accordance with State of Alaska laws.
(e) Employment of qualified individuals with a disability shall be encouraged.
(f) Employment rights for veterans shall be in accordance with applicable State and
Federal laws.
(g) Applicants must possess an appropriate valid Alaska State driver’s license, should
employment require operation of a motor vehicle.
(h) Applicants must complete a City application form or submit a resume of sufficient detail
to equate to a City form.
23.30.020 Appointment.
(a) All appointments to vacancies shall be made solely on the basis of merit, efficiency, and
fitness. These qualities shall be determined through careful and impartial evaluation of the
following:
(1) The applicant’s level of training relative to the requirements of the position for which
applied.
(2) The applicant’s physical fitness relative to the requirements of the position for which
applied.
(b) No question in any test or in any application form or by any appointing authority shall be
so framed as to attempt to elicit information concerning race, color, religion, sex, sexual
orientation, national origin, age, disability, marital status, changes in marital status,
pregnancy, parenthood, genetic information or political affiliation for the purposes of
discriminating.
(c) All statements submitted on the employment application or attached resume shall be
subject to investigation and verification.
(d) If required by the department, applicants shall be fingerprinted prior to appointment.
(e) Any job applicant or employee may be required to take a physical examination. In cases
where a physical examination is deemed advisable, the City shall pay the cost of the
examination.
23.30.030 Probationary Period for Employees in the Classified Service.
(a) All original appointments for employees in the Classified Service including those that
result from transfers shall be tentative and subject to a probationary period of not less than
six (6) months consecutive service, except for police, fire, and communications, which shall
be normally twelve (12) months, subject to meeting criteria for certification which may be
accomplished following six (6) months of service and except for seasonal employees whose
probationary period is established by the term of the first season of employment. Promotional
appointment probationary period shall, for all [PERSONNEL]employees in the Classified
Service, be not less than six (6) months.
(b) In cases where the responsibilities of a position in the Classified Service are such that
a longer period is necessary to demonstrate an employee’s qualifications, the probationary
period may be extended; however, no probationary period shall be extended beyond twelve
(12) months, or eighteen (18) months for police, fire, and communications, or one additional
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Ordinance No. 3018-2018
season for seasonal employees. The employee shall be notified in writing of any extension
and the reasons therefor.
(c) During the first six (6) months of original probationary period, a new employee (including
police, fire, and communications) shall not be eligible for annual leave benefits, but he or she
shall earn annual leave credit from the first day of employment and may take leave for
sickness during that period to the maximum of the amount of leave accrued.
(d) Upon completion of the probationary period, employees in the Classified Service shall
be considered as having satisfactorily demonstrated qualifications for the position, shall gain
regular status, one step in pay raise, and shall be so informed through his or her supervisor.
The employee’s anniversary date shall be the first of the month in which the employee’s
original probation ends. Employees who have gained regular status at the effective date of
the ordinance codified in this section shall have their anniversary dates changed to the first
of the month in which the employee’s present anniversary date falls.
(e) During the probationary period, a new employee [HIRE] hired in the Classified Service
may be terminated at any time without advance notice, without cause, and without appeal.
(f) In the case of promotional appointments, the promoted employee may be demoted at
any time during the probationary period without appeal, provided that the probationary
employee be reinstated in the class designation from which he or she was promoted, even
though this necessitates the layoff of the employee occupying the position.
[23.30.040 EVALUATION.
(A) EVALUATIONS SHALL BE REQUIRED ANNUALLY OF ALL CLASSIFIED
EMPLOYEES AND AFTER EACH SEASON FOR SEASONAL EMPLOYEES.
SUPERVISORS SHALL INDICATE THEREON HIS OR HER RECOMMENDATION AS TO
WHETHER OR NOT THE EMPLOYEE SHOULD BE AWARDED A PAY RAISE IN
ACCORDANCE WITH THE CITY PAY PLAN, KMC 23.55.
(B) APPROVAL OF INCREMENT PAY RAISES ARE VESTED IN THE CITY MANAGER.
23.30.050 Business [H]Hours and [H]Hours of [W]Work.
(a) The hours during which City offices and departments shall normally be open for
business shall be 8:00 a.m. to 5:00 p.m., [PUBLIC WORKS DEPARTMENTS SHALL BE
8:00 A.M. TO 4:30 P.M., EXCEPT SATURDAYS AND SUNDAYS, HOLIDAYS, AND
FURTHER EXCEPTING] Police and Fire [WHICH] shall be open for business twenty-four
(24) hours a day. The Library, Senior Center, Public Works, and Animal Control operations
shall be open for business as authorized by the City Manager.
(b) Public Safety employees, not including administrators, normal work week is:
(1) Police and Communications—four (4) shifts of ten (10) hours per week, two
thousand eighty (2,080) hours annually. When working this shift, first and third days off
shall be treated as Saturdays and the middle day off (the second day) shall be treated
as a Sunday for purposes of paying overtime;
(2) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by
the City Manager.
(c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that
allows at least one (1) employee to be at the plant on a given day. When scheduled days off
are two (2) consecutive calendar days, the first day off shall be treated as a Saturday and
the second day off shall be treated as a Sunday for purposes of paying overtime.
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(d) All other employees’ normal work week is forty (40) hours, two thousand eighty (2,080)
hours annually. Standard work day is midnight to midnight succeeding. Standard work week
is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted on
timely notice.
[(E) SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
UNCLASSIFIED SERVICES CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT SHALL NOT BE BOUND TO A WORK WEEK OF
ANY SET NUMBER OF HOURS. THE INDIVIDUALS IN THESE POSITIONS ARE
EXPECTED TO WORK AS MANY HOURS AS THE RESPONSIBILITIES OF THEIR
POSITIONS REQUIRE. THESE INDIVIDUALS ARE EXPECTED, HOWEVER, TO
SUBSTANTIALLY CONFORM TO THE NORMAL WORK WEEK AS DESCRIBED IN
SUBSECTION (D).]
23.30.060 Attendance.
(a) Employees shall be in attendance at their work in accordance with the rules regarding
hours of work, holidays, and leaves of absence.
(b) An employee shall not be absent [HIM OR HERSELF] from work for any reason without
prior approval from his or her supervisor. When prior approval is not obtained, an employee,
who for any reason fails to report to work, shall make a sincere effort to notify his or her
supervisor of his or her reason for being absent. If the absence continues beyond the first
day, the employee shall notify the supervisor on a daily basis unless other arrangements
have been made with the supervisor.
(c) Departments shall maintain records of employees’ attendance.
(d) Any unauthorized absence of any employee from duty shall be deemed to be an
absence without pay and may be cause for disciplinary action.
23.30.070 Personnel [R]Records.
(a) The City Manager shall cause a service or personnel record to be maintained for each
employee in the Classified and Department Head service of the City of Kenai.
(b) The personnel record shall show the employee’s name, title of position held, the
department to which assigned, compensation, change in employment status, training
received, and such other information as may be considered pertinent.
(c) A personnel action form shall be used as the single document to initiate and update
personnel records.
(d) Employee personnel records shall be considered confidential and shall be accessible
only to the following:
(1) The employee concerned;
(2) Selected City officials authorized by the City Manager.
(e) Department personnel files should not be developed or maintained, except as working
records; i.e., accumulating data for evaluation reports. Departmental personnel records are
therefore unofficial and have no standing.
23.30.080 Transfers.
Requests from employees for transfers from one department to another shall be made in
writing and shall be directed to the employee’s present department head and referred to the
appropriate department head and the appointing power. Such requests shall be given
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Ordinance No. 3018-2018
consideration when a suitable vacancy occurs; however, no employee shall be transferred to a
position for which he or she does not possess the minimum qualifications.
23.30.090 Layoff.
If there are changes of duties in the organization, lack of work, or lack of funds, the appointing
authority may lay off employees; however, the appointing authority shall first make every
reasonable effort to integrate those employees into another department by transfer. When layoffs
are required, the appointing authority shall base the decision on relative merit, and shall give due
consideration to seniority in the City service only where the employee’s qualifications and ability
are relatively equal.
23.30.100 Outside employment.
No full-time employee shall accept outside employment, whether part-time, temporary, or
permanent that could reasonably interfere, conflict, or negatively reflect on the City. It is the
individual employee’s responsibility to ensure compliance with this section. Approval of the
individual’s department head is required before acceptance of outside employment.
23.30.110 Travel [E]Expense.
When employees are required to travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred shall be determined as follows:
(a) Prior to traveling outside the City, the employee shall obtain permission for the trip and
the mode of travel from the department head.
(b) Travel on official business outside the City by one (1) individual shall be via public
carrier or City-owned vehicle whenever practical. If, for extenuating circumstances, the
employee is authorized to use a private vehicle, total mileage shall be paid at the standard
IRS mileage rate. This rate includes all travel, insurance and fuel.
(c) [THOSE]Classified and Department Head Service employees who [HABITUALLY]often
use their privately-owned vehicle for City business shall be reimbursed thirty dollars ($30.00)
per month, subject to authorization by the City Manager.
(d) The authorized per diem rates are fifty dollars ($50.00) per full twenty-four (24) hour
day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to fifty
dollars ($50.00) per day. Claims for lodging expenses will be supported by receipts.
23.30.120 Moving [E]Expense for [N]New [E]Employees.
(a) [WHENEVER A PROFESSIONAL OR TECHNICALLY TRAINED PERSON CHANGES
HIS OR HER PLACE OF RESIDENCE MORE THAN FIFTY (50) MILES, FOR THE
PURPOSE OF ACCEPTING EMPLOYMENT WITH THE CITY, SUCH A PERSON MAY BE
REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES UNDER THE FOLLOWING
CONDITIONS:] At the City Manager’s discretion moving expenses for new employees may
be reimbursed for actual and necessary expenses under the following conditions:
(1) The employee must be appointed to a position or a class for which the City
Manager certifies that such expenditure is necessary to recruit qualified employees and
funded by the Council.
(2) The maximum reimbursable shall be subject to negotiation at the time of an offer
of acceptance of appointment.
[(3) TO BE ELIGIBLE FOR THE TOTAL ALLOWANCE FOR AN EMPLOYEE WHO
IS THE HEAD OF A HOUSEHOLD, HIS OR HER DEPENDENTS MUST ACCOMPANY
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Ordinance No. 3018-2018
HIM OR HER OR JOIN HIM OR HER WITHIN ONE (1) YEAR OF THE DATE OF HIS
OR HER APPOINTMENT.]
[4](3) New employees who are assisted with their moving expenses shall be required
to sign a Transportation Agreement prior to employment. The Transportation
Agreement stipulates that the employee will reimburse the City for all or part of such
expenditures in the event of voluntarily leaving City service within a period of two [(2)]
years according to the following schedule:
100%—Less than six (6) months.
75%—Six (6) months, but less than twelve (12) months.
50%—Twelve (12) months, but less than eighteen (18) months.
25%—Eighteen (18) months, but less than twenty-four (24) months.
0%—Two (2) years and over.
(b) New employees may not be given an advance against moving expenses without prior
written approval of the City Manager.
23.30.130 In-service training.
(a) The City Manager shall encourage training opportunities for employees and supervisors
in order that services rendered to the City will be more effective. He or she shall assist
department heads in meeting training programs designed to meet immediate City-wide
personnel needs and to prepare employees for promotion to positions of greater
responsibility.
(b) Training sessions may be conducted during regular working hours at the discretion of
department heads.
23.30.140 Relatives in [C]City [S]Service.
(a) Two (2) members of an immediate family (spouse, children, brother, sister, in-laws or
parents) shall not be employed under the same immediate supervisor. Neither shall two (2)
members of an immediate family be employed at the same time regardless of the
administrative department, if such employment will result in an employee supervising a
member of his or her immediate family. This section shall not be construed to prohibit
employment by the City of relatives of City Council members.
(b) The provisions of this section shall apply to promotions, demotions, transfers, reinstate-
ments, and new appointments.
[(C) COHABITATION BY ADULTS OF THE OPPOSITE SEX PRESUMES A FAMILY
RELATIONSHIP AND SHALL BE CONSTRUED AS SUCH.]
Chapter 23.35 - GENERAL CONDUCT, DISCIPLINE, TERMINATION, AND APPEAL
23.35.010 Personal appearance and conduct.
(a) Public relations shall be an integral part of each employee’s job.
(b) All employees shall be neat and clean in appearance and shall conduct themselves in
a manner which is appropriate for an employee in public service. Departmental regulations
may impose reasonable specific standards of dress and appearance.
(c) Employees shall be courteous, efficient and helpful to everyone in their work and shall
do the best job possible on every assignment.
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23.35.020 Causes for [W]Warning, [S]Suspension, or [D]Dismissal.
(a) When an employee[’s] in the Classified Service demonstrates conduct that falls below
desirable standards, he or she may be subject to disciplinary action.
(b) General reasons for which an employee may be disciplined include:
(1) Drinking intoxicating beverages on the job or arriving on the job under the
influence of intoxicating beverages.
(2) Use, consumption, or possession of marijuana (including every compound,
manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin,
including marijuana concentrate), on the job or arriving on the job impaired by the same,
unless the employee has a medical prescription for marijuana from a licensed medical
practitioner as a part of a medical treatment and can perform work unimpaired.
(3) Illegal use, consumption or possession of any controlled or illegal substance on
the job or arriving on the job impaired by the same.
(4) Ingestion, of any prescription or over the counter medication in amounts beyond
the prescribed or recommended dosage on the job, or arriving on the job impaired by
the same. Employees shall notify their immediate supervisor when required to use
prescription medicine that they have been informed has the potential to impair job
performance.
(5) Violation of a lawful duty.
(6) Insubordination.
(7) Breach of discipline.
(8) Being absent from work without first notifying and securing permission from the
employee’s supervisors.
(9) Being habitually absent or tardy for any reason.
(10) Misconduct.
(11) Conviction of a felony or a misdemeanor involving moral turpitude.
(12) Using religious, political, or fraternal influence.
(13) Accepting fees, gifts, or other valuable things in the return for performance of the
employee’s official duties for the City.
(14) Inability to perform the assigned job.
(15) Political activity as restricted by the Charter.
(16) Failure to follow the City’s Drug, Alcohol, and Marijuana policy as set forth in the
City of Kenai Employee Handbook.
(17) Knowingly or negligently failing to follow Federal and State occupational safety
and health regulations and City law and policy regarding the same.
23.35.030 Forms of [D]Disciplinary [A]Action.
(a) Disciplinary action for employees in the classified service ranges from oral or written
reprimands to suspension, demotion, and finally dismissal from the City service, and
depends on the severity of the offense as well as the number and the frequency of previous
acts of misconduct.
(b) It shall be the duty of all City employees to comply with and to assist in carrying into
effect the provisions of the City’s personnel rules and regulations. No employee in the
classified service shall be disciplined except for violation of established rules and regulations,
and such discipline shall be in accordance with procedures established by the personnel
rules and regulations.
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(c) Every department head shall discuss improper or inadequate performance with the
employee in order to correct the deficiencies and to avoid the need to exercise disciplinary
action. Where appropriate, disciplinary action shall be of increasing severity.
(d) A written notice shall be given each employee in the classified service for each written
disciplinary action stating the reasons for the disciplinary action and the date it shall take
effect. The notice shall be given to the employee at the time such action is taken. A copy of
the notice signed by the employee shall be placed in the employee’s personnel file and shall
serve as prima facie evidence of delivery.
(e) All regular employees in the classified service shall have the right to appeal disciplinary
action taken against them within five (5) working days after receipt of notice by employee of
the disciplinary action. Appeals shall be made as grievances in accordance with the
provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal
shall be made directly to a Personnel Board selected from the Arbitration Panel provided in
KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the
background, the disciplinary action, and the reasons why the disciplinary action is felt to be
unjust.
23.35.032 Arbitration [P]Panel.
(a) There is hereby established an Arbitration Panel consisting of twelve (12) members
who shall be chosen by the City Council from nominees made by City employees and by
members of the City Council.
(b) A member of the Arbitration Panel must be a resident of the City of Kenai and must not
hold any other office or position in the government of the City of Kenai.
(c) Members of the panel shall serve for indefinite terms until termination by the Council,
resignation by the member, death, move from the City of Kenai, election, or appointment as
an officer or employee of the City of Kenai, or incapacity of the member.
(d) By adoption of the ordinance codified in this chapter, the city hereby waives any claim
or cause of action it might have against any member of the Arbitration Panel based on his or
her service thereon or on a Personnel Board. Any employee in the classified service, by filing
an appeal under the provisions of this chapter, likewise waives any claim or cause of action
such employee might have against any member of the Arbitration Panel based on his or her
service thereon or on a Personnel Board, and if requested such employee will execute and
file a formal waiver at time of filing appeal.
23.35.034 Procedures on [A]Appeal.
(a) Within five (5) working days after the filing of a written appeal with the City Clerk, the
City Manager or the designee of the City Manager shall file with the City Clerk an answer in
writing to the appeal setting forth any facts which might be in dispute in the appeal, and
setting forth the reasons why the actions are believed to be justified and the City Manager
or his or her designee shall serve a copy of the answer on the employee in person or by
ordinary mail to employee’s home address.
(b) Promptly after the appeal is filed, the City Clerk shall deliver a copy of the appeal to the
City Manager.
(c) The members of the Arbitration Panel shall be listed in alphabetical order, and will be
called in rotation. Any member passed over because of illness or absence, or disqualified by
an appealing employee in the classified service or the administration, shall be treated as
though he or she has served on the Personnel Board and will not be called again until his or
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her name comes up in the normal rotation. As soon as an appeal is filed with the City Clerk,
the City Clerk will make contact and determine the next five (5) members of the panel due
and available for service during the following three (3) weeks, and shall notify the appealing
employee of the five (5) members due for service. The appealing employee will advise the
City Clerk within two (2) working days which member the employee wishes deleted from the
list, and the City Clerk will then notify the City Manager or his or her designee of the four (4)
remaining members due for service. The City Manager or his or her designee will advise the
Clerk within one (1) working day of the name of the member the administration wishes to
delete from the list. Thereafter, the Clerk will notify the two (2) members of their
disqualification and the other three (3) members as to being chosen for service and will
determine a date, time, and place when all three members may assemble for hearing, and
will then notify the appealing employee in the classified service and the City Manager or
designee of such date, time, and place of hearing.
(d) At the time of hearing, the employee in the classified service shall present any written
evidence, oral testimony, or witnesses that he or she desires, and thereafter the City
Manager or designee shall present evidence, oral testimony, or witnesses as he or she
deems fit, following which the parties may continue to present rebuttal testimony alternately
until neither side has anything further to present.
(e) After completion of presentation of testimony, the appealing employee in the classified
service may make any statement he or she desires by way of argument, which may be
answered by the City Manager or designee, and the appealing employee shall then have a
final closing argument if he or she so desires.
(f) If any member of the Personnel Board feels it necessary or desirable, he or she may
call additional witnesses or call for presentation of additional testimony, adjourning the
hearing to a future time for such presentation if necessary.
(g) After presentation of all evidence and arguments, the Personnel Board shall go into
executive session to make a determination of the appeal, and the Personnel Board shall
make written findings of fact and conclusions as to the justness of the disciplinary action.
(h) There shall be no formal restrictions on the kind of or form of evidence presented so
long as it is pertinent to the appeal and is not unduly repetitive, but the Personnel Board by
majority vote may limit repetitive evidence and may restrict evidence to matters pertinent to
the hearing and to evidence which they would find credible.
(i) The Personnel Board has power to uphold the disciplinary action, to set aside the
disciplinary action completely restoring the appealing employee in the classified service to
his or her former position and to any and all pay which may have been lost because of the
disciplinary action, or if the Personnel Board feels it necessary in the interest of justice that
some disciplinary action be taken but that the particular disciplinary action was too extreme,
it shall determine what the proper disciplinary action should be.
(j) The decision of the Personnel Board may be made by a majority of the Board and shall
be final and binding on the employee and on the City.
(k) Copies of the appeal, the answer to the appeal, and the written decision of the
Personnel Board shall become a part of the personnel file of the appealing employee.
23.35.040 Grievance [P]Procedure.
(a) [THE]For employees in the classified service, the City shall promptly consider and
equitably adjust employee grievances relating to employment conditions and relationships.
Furthermore, the City desires to adjust the causes of grievances informally, both supervisors
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and non-supervisory employees in the classified service are expected to resolve problems
as they arise.
(b) The following steps shall be followed in submitting and processing a grievance for
employees in the classified service:
(1) Step 1—The aggrieved employee in the classified service or group of employees
in the classified service shall orally present the grievance to the immediate supervisor
within five (5) working days of the occurrence, not including the date of presentation.
(2) Step 2—If the grievance is not settled in Step 1, it shall be prepared in detail, shall
be reduced to writing, shall be dated, shall be signed by the aggrieved employee in the
classified service or group of employees in the classified service, and shall be presented
to the department head within five (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 in Step 2, the written grievance shall be
presented along with all pertinent correspondence, records, and information
accumulated to date to the City Manager within seven (7) working days after the
department head’s response is given, not including the day that the response is given.
The City Manager shall meet with the aggrieved employee or group of employees, the
immediate supervisor and the department head. The City Manager shall reply to the
grievance in writing within seven (7) working days of the date of presentation of the
written grievance. The decision of the City Manager shall be final and binding on the
employee or group of employees.
(c) If the grievance procedures are not initiated within the time limits established by this
section, the grievance shall be considered not to have existed.
(d) Any grievance not taken to the next step of the grievance procedure shall be considered
settled on the basis of the last reply made and received in accordance with the provisions of
this section.
(e) If the City fails to meet or answer any grievance within the time limits prescribed for
such action by this section, such grievance shall automatically advance to the next step. If
the City fails to meet or answer any grievance on the last step of the grievance procedure
within the time limits prescribed for such action by this section, it shall be deemed that the
City has considered the grievance to be in favor of the grievant and shall resolve the matter
accordingly.
(f) The time limits prescribed in this section for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties so involved.
Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual
consent shall be indicated in writing and shall be signed by all parties involved. No employee
shall be disciplined or discriminated against in any way because of the employee’s proper
use of the grievance procedure.
23.35.050 Resignation.
(a) To resign in good standing, an employee shall give the appointing authority not less
than ten (10) working days prior notice of such resignation unless the appointing authority
agreed to permit a shorter period of notice because of extenuating circumstances. The notice
of resignation shall be in writing and shall contain the reasons for leaving the City service.
(b) Failure to comply with this section shall be entered in the employee’s service record and
may be cause for denying future employment with the City.
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23.35.060 Re-employment.
(Ords. 336-77(a), 537, Repealed Ord. 1254)
23.35.070 Cost consciousness.
(a) City employees shall practice every economy possible in the discharge of their duties.
(b) Employees are encouraged to recommend to their supervisors work procedures which
will result in a cost saving or improved service to the public.
23.35.080 Safety.
(a) The City Manager shall be responsible for the development and maintenance of a safety
program, equal to, but not limited to, OSHA requirements. Such program shall include safety
regulations and discipline controls.
(b) Department heads, supervisors, and employees shall guard the safety of themselves,
fellow employees, and the public.
(c) When accidents occur on City property, the employee shall contact his or her supervisor
immediately and the supervisor shall complete an accident form. In case of a motor vehicle
accident, the Police Department shall also be notified immediately.
(d) The City Manager shall be notified of all accidents involving City employees and City
equipment as soon as possible and not later than the next work day.
23.35.090 Legal liability.
(a) Employees shall abide by all laws and regulations which govern the performance of their
duties, and shall perform their duties as reasonable, prudent persons. Defense of legal
claims against an employee relating to an official status with the City, shall be the
responsibility of the City.
(b) If an employee is grossly negligent in the performance of duties and responsibilities and
if an accident results from such negligent performance of duties and responsibilities or if a
court of law finds that the employee willfully exceeded his or her scope of duty and
responsibility, the employee may be held personally and legally liable.
Chapter 23.40 - BENEFITS
23.40.010 General.
(a) All non-temporary, full-time,[AND] non-temporary part-time (fifteen (15) hours and over
per week) classified and Department Head Service employees are entitled to the following
benefits, except for medical and hospital insurance which shall be available to non-temporary
employees working no less than twenty-five (25) hours per week, as specified in this article.
(b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training
(MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers
Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other
benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The
hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees’
Retirement System.
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23.40.020 Holidays.
(a) Employees shall be entitled to the holidays listed below with pay. Full-time employees
shall receive regular compensation; part-time employees shall be compensated in proportion
to the number of hours they are normally scheduled to work.
(1) New Year’s Day
(2) Washington’s Birthday (the third Monday in February)
(3) Memorial Day (the last Monday in May)
(4) Independence Day
(5) Labor Day
(6) Alaska Day
(7) Veterans Day
(8) Thanksgiving Day
(9) Day after Thanksgiving
(10) Christmas Day
(11) A floating holiday subject to individual choice of each employee with five (5)
working days notice to, and approval of, his or her immediate supervisor.
(b) If any such holiday falls on a Sunday, the following Monday shall be given as a holiday.
If such holiday falls on a Saturday, the preceding Friday shall be given as a holiday.
(c) Public Safety and Sewer Treatment Plant employees who normally work holidays shall
receive a payment for authorized holidays at one and one-half (1-1/2) times their normal
hourly pay as follows:
Fire (7(k) work period): 11.2 hours pay per holiday.
Police, Communications, and Fire (forty (40) hour week): eight(8) hours pay per holiday.
Sewer Treatment Plant Employees (forty (40) hour week): eight(8) hours pay per holiday.
Holidays which occur during annual leave shall be charged against such leave.
23.40.030 Annual [L]Leave.
(a) Annual leave is a combined vacation and sick leave.
(b) Accrual rate:
(1) Full-time [CLASSIFIED] employees except certain Fire Department employees:
7.3846 hours bi-weekly—first two (2) years of service.
8.3077 hours bi-weekly—three (3) through five (5) years of service.
9.2308 hours bi-weekly—six (6) through ten (10) years of service.
10.1538 hours bi-weekly—more than ten (10) years of service.
(2) Fire (7(k) work period):
10.3385 hours bi-weekly—first two (2) years of service.
11.6308 hours bi-weekly—three (3) through five (5) years of service.
12.9231 hours bi-weekly—six (6) through ten (10) years of service.
14.2154 hours bi-weekly—more than ten (10) years of service.
(c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8)
hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve
(12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four
(24) hour work day, twenty-four (24) hours annual leave.
(d) Leave continues to accrue during the period of time an employee is on paid leave
except during periods of terminal leave (leave time after which the employee does not intend
to return to work). Leave does not accrue during periods of leave without pay.
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(e) Accrued and unused leave may be carried over from one (1) year to the next for the
purpose of accumulating an annual leave account or reserve. The maximum leave hours
that may be accrued is six hundred forty (640) hours for classified, [AND] unclassified, and
Department Head service employees, and eight hundred ninety-six (896) hours for Fire
Department employees working a 7(k) work period.
(f) Annual leave may be used for any purpose desired by the employee. Incidental
absences for sickness as unplanned are not controllable. However, planned absences must
be coordinated with and approved by the appropriate department head.
(g) It is required that each employee use a minimum of eighty (80) hours of leave per
calendar year for employees working forty (40) hours per week, and one hundred twelve
(112) hours for employees working a 7(k) work period, and affect appropriate coordination
with the department head. If actual hours used are less than the minimum requirement, then
the difference shall be deducted from available leave hours without any compensation to the
employee.
(h) Excess leave above the amount authorized for accrual (subsections (a) through (e))
existing on December 31st shall automatically be paid at the then existing rate for the
individual employee.
(i) Department heads shall schedule vacations for their respective employees with due
consideration for the desires of the employees and the work requirements facing the
department. Vacation schedules may be amended to allow the department to meet
emergency situations.
(j) In the event of significant illness or injury not covered by workers’ compensation, or
absence due to training or education an employee on exhausting annual leave may, with the
approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x
7.3846 hours) to avoid a no-pay status. In the event the person’s employment with the City
ends prior to the borrowed leave being repaid, the employee must reimburse the City for the
value of any leave not repaid. The City may deduct the value of any leave not repaid from
the employee’s final paycheck.
(k) Part-time employees working fifteen (15) hours a week or more shall accrue at the same
rate as a full-time employee except on a proportional basis as to hours.
(l) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES]Employees considered to be exempt from the provisions of the Fair
Labor Standards Act shall have annual leave charged on an eight (8) hour/whole day basis.
If any such employee is present for work during any portion of a day, that employee shall not
be charged annual leave for that day. Conversely, if any such employee is absent from her
or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays)
that employee will be charged eight (8) hours of annual leave for that day.
23.40.035 Bona fide employer-sponsored medical leave sharing arrangement.
(a) Intent. It is the intent of the City to provide a bona fide employer-sponsored medical
leave sharing arrangement, allowing its eligible employees to donate accrued annual leave
to employees who are eligible to receive such leave for medical emergencies as follows:
(1) Requests for leave donations must be made by the employee through the Human
Resource office in writing. Approved requests will be forwarded by the Human Resource
office to all employees with a cut-off date for donations. Forwarded requests shall only
include information that:
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(A) The requesting employee has made a request for leave under this section of
code;
(B) The amount of leave requested;
(C) Generic procedural information; and
(D) No protected health information or specific factual information may be
disclosed.
(2) Only accrued annual leave may be donated. Donations must be in whole hour
increments of no less than two (2) hours. Employees donating leave must have and
maintain a minimum of forty (40) hours of accrued annual leave in their leave accounts.
The identity of employees donating or not donating leave will not be disclosed.
Probationary employees and employees working less than fifteen (15) hours a week
may not donate or receive donated leave.
(3) All leave will be donated into an employee leave bank and received on an hour-
for-hour basis without consideration of individual City wages.
(4) Leave donations will be used in order of receipt by the City’s Human Resource
office. Leave will be transferred as needed into the employee leave bank. Employees
receiving donated leave may not cash out any donated leave.
(5) Only employees who have exhausted all annual leave are eligible to receive
donated leave. Donated leave can only be used for a medical emergency defined as a
condition of the employee or employee’s spouse, parent, or child, including
bereavement for a spouse, parent or child, that will require the prolonged absence,
including intermittent absences, of the employee from duty and will result in a
substantial loss of income to the employee, because the employee will have exhausted
all annual leave.
(6) Donated leave will not count towards the minimum hours of leave each employee
must use each calendar year.
(7) The City Manager shall create any necessary complimentary policies and forms to
implement this section of code.
23.40.040 Terminal [L]Leave.
Upon separation during initial probation (first six (6) months for Police, Fire and
Communication), accrued annual leave shall not be granted nor paid to [THE] employee’s in the
classified service. In other separations, accrued leave shall be paid in a lump sum. The salary or
hourly rate to be used in computing the cash payment shall be the rate which is being received
by the employee on the date the resignation/separation is signed by the employee.
23.40.050 Leave of absence without pay.
(a) Leave without pay may be granted to an employee upon recommendation of the
department head and approval of the City manager for up to one hundred eighty (180) days.
Each request for such leave shall be considered in the light of the reasons for the request
and of the needs of the organization. Leave of absence without pay is not authorized or
permitted for other employment. Leave without pay shall not be requested nor granted until
such time as all accrued annual leave has been exhausted, except when an employee is
absent and drawing workers’ compensation pay.
(b) If an employee uses more than thirty (30) days total leave without pay during his or her
leave year, his or her merit anniversary and length of service dates shall be advanced on the
calendar as follows: The number of days the leave without pay exceeds thirty (30) days are
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added to the anniversary date to arrive at an extended anniversary date. A new anniversary
date is then established on the first day of the month closest to the extended anniversary
date.
(c) During a period of leave without pay, the employee’s benefits shall be in abeyance. Cost
of maintenance of health and related benefits will be at the personal expense of the employee
and must be prepaid via the City to insure continued coverage.
23.40.060 Leave of [A]Absence with [P]Pay.
(a) Employees may request leave of absence with pay for:
(1) Witness or Jury Duty. When a City employee is called for jury duty or is
subpoenaed as a witness, he or she shall not suffer any loss of his or her regular City
compensation during such absence; however, he or she shall be required to transfer
any compensation he or she receives for the performance of such duty to the City. Time
not worked because of such duty shall not affect annual leave accrual.
(2) Military Leave. Employee’s shall be eligible for military leave or associated benefits
in compliance with State and Federal law. [AN EMPLOYEE WHO HAS COMPLETED
THE PROBATIONARY PERIOD AND WHO IS A MEMBER OF THE NATIONAL
GUARD OR RESERVE COMPONENT OF THE ARMED FORCES 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 ONE (1) PERIOD NOT EXCEEDING FIFTEEN (15) CONSECUTIVE DAYS IN
ANY ONE (1) CALENDAR YEAR. HOWEVER, BECAUSE POLICE, FIRE, AND
COMMUNICATIONS EMPLOYEES HAVE A TWELVE (12) MONTH PROBATIONARY
PERIOD RATHER THAN THE SIX (6) MONTH PROBATIONARY PERIOD FOR
OTHER CLASSIFIED EMPLOYEES, THEY SHALL BE ELIGIBLE FOR MILITARY
LEAVE AFTER SIX (6) MONTHS OF SERVICE. SUCH LEAVE SHALL BE GRANTED
WITHOUT LOSS OF TIME, PAY (DIFFERENCE BETWEEN REGULAR AND
MILITARY PAY INCLUDING COLA, BUT NOT INCLUDING OTHER REGULAR
ALLOWANCES), OR OTHER LEAVE, AND WITHOUT IMPAIRMENT OF MERIT
RATINGS OR OTHER RIGHTS OR BENEFITS TO WHICH HE OR SHE IS ENTITLED.
MILITARY LEAVE WITH PAY SHALL BE GRANTED ONLY WHEN AN EMPLOYEE
RECEIVES BONA FIDE ORDERS TO TEMPORARY ACTIVE OR TRAINING DUTY,
AND SHALL NOT BE PAID IF THE EMPLOYEE DOES NOT RETURN TO HIS OR
HER POSITION IMMEDIATELY FOLLOWING THE EXPIRATION OF THE PERIOD
FOR WHICH HE OR SHE WAS ORDERED TO DUTY.]
(3) Conferences, Conventions and Other Related City Business. Decisions
concerning attendance at conferences, conventions, or other functions pertaining to
City business at City expense shall be made by the department heads with the approval
of the City Manager. Permission shall be granted on the basis of an employee’s
participation in or the direct relationship of the function to the City. Members of
professional societies may be permitted to attend meetings of their society when such
attendance is considered to be in the best interest of the City.
(4) Death in the Immediate Family. Leave of absence with pay is provided to assist
an employee who must be absent from work as a result of a death in the immediate
family. The employee’s absence would be for funeral attendance, or to handle matters
arising due to the death of an immediate family member, that cannot practicably be
taken care of outside of regular business hours. Upon the City Manager’s approval,
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employees shall be entitled to the following leave, which will not directly affect their
personal leave account: three (3) working days, up to twenty-four (24) hours maximum.
23.40.070 Educational opportunities.
(a) The City shall reimburse an employee for the full amount of tuition for courses directly
related to the employee’s work and conducted outside the employee’s regular working hours,
provided that:
(1) Funds for such expenditures are available in the current budget;
(2) The employee has made application for approval of the course to his or her
department head and the department head subsequently gives such approval; and
(3) The employee submits evidence of satisfactory completion of the course; and
(4) The employee is not receiving reimbursement for tuition from any other source.
(b) Courses which are only offered during regular working hours maybe approved by the
department head with full tuition reimbursement therefor provided time off can be arranged
conveniently and reasonable arrangements can be made to make up time off.
(c) The City shall allow time off with pay and shall reimburse an employee for the expenses
of attending classes, lectures, conferences, or conventions when attendance is on an
assignment basis with prior approval of the employee’s department head.
(d) Normally, the cost of textbooks and technical publications required for such courses
shall be the responsibility of the employee. If the City purchases any of the textbooks and
publications for such courses, the textbooks and publications shall become the property of
the City.
23.40.080 Retirement.
Eligible employees are required to participate in the State Public Employees’ Retirement
System (PERS) unless the employee’s category or class of employment has been exempted by
amendment to the City’s PERS Participation Agreement. Amendment to the City’s PERS
Participation Agreement for the purpose of exempting a class or category of employees must be
authorized by Resolution of the City Council.
23.40.090 Retirement age.
As authorized and required by Public Employees Retirement System.
23.40.095 Supplemental retirement.
All employees with six (6) months of service regularly scheduled to work fifteen (15) hours or
more per week shall be eligible to participate in a supplemental retirement program to be selected
by the City Manager. The City’s contribution on behalf of each eligible employee shall be four
percent (4%) of the first thirty-seven thousand five hundred dollars ($37,500.00) of base wages
earned in a calendar year. The contribution shall not apply to additional compensation to
employees, such as overtime pay, holiday pay, and qualification pay.
23.40.100 Social security.
Employees hired after April 1, 1986 must participate in the Medicare portion of Social Security
taxes, as required by the Federal government.
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23.40.110 Industrial accidents.
All employees shall be covered under the State of Alaska workers’ compensation program
for industrial accidents and disease. Benefits include medical treatment and care as well as
disability compensation during the periods of time lost from the job.
23.40.120 Medical and hospital insurance.
Medical and hospital insurance shall be provided by a group policy for all employees with a
percentage of plan costs paid by the City and a percentage paid by the employee unless the
employee declines such coverage. Life, major medical, dental, and vision insurance are included
as part of group insurance. The percentage of plan costs paid by the City and employees,
respectively, shall be approved by the Council annually during the budget process, or as
otherwise necessary after consideration of a recommendation and any alternatives submitted by
the City Manager.
23.40.130 Family leave.
(a) An employee is eligible to take family leave if the employee has been employed for: (1)
at least thirty-five (35) hours a week for at least six (6) consecutive months immediately
preceding the leave; or (2) at least seventeen and one-half (17.5) hours per week for twelve
(12) consecutive months immediately preceding the leave; or (3) at least one (1) year
immediately preceding the leave during which the employee has worked at least one
thousand two hundred fifty (1,250) hours. The leave may be unpaid leave. However, the
employee must exhaust all accrued annual leave before unpaid leave is allowed. The City
shall permit an employee to take family leave for a total of eighteen (18) work weeks within
a twelve (12) month period because of a serious health condition or pregnancy and childbirth,
adoption or foster placement. The right to take family leave for pregnancy and childbirth,
adoption or foster placement of a child expires one (1) year after the birth or placement of
the child. An eligible employee is entitled to take family leave:
(1) Because of pregnancy and the birth of a child of the employee or the placement of
a child, other than employee’s stepchild, with the employee for adoption or foster care;
(2) In order to care for the employee’s child, spouse, or parent who has a serious
health condition; in this paragraph, “child” includes the employee’s biological, adopted,
or foster child, stepchild, or legal ward; and
(3) Because of the employee’s own serious health condition.
(b) If a parent or child of two (2) employees employed by the City has a serious health
condition, the City is not required to grant family leave to both employees simultaneously.
(c) During the time that an employee is on leave under this section, the employer shall
maintain at its expense coverage under any group health plan at the level and under the
conditions that coverage would have been provided if the employee had been employed
continuously from the date the leave began to the date the employee returns from leave.
(d) At the expiration of leave granted under this section, the City shall restore the employee
to the same or a substantially similar position with the same benefits, pay, and other terms
and conditions of employment.
23.40.140 Employee transfer.
(a) A pregnant employee may request a transfer to a suitable position under this section.
The City may not fill the position with a person other than the requesting employee until the
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Ordinance No. 3018-2018
employer has offered the position to the employee and the employee has refused the offer.
A position is suitable if:
(1) It is an existing unfilled position in the same administrative division in which the
employee is currently employed and is less strenuous or less hazardous than the
employee’s current position;
(2) Transfer is recommended by a licensed health care provider;
(3) The employee is qualified and immediately able to perform the duties of the
position; and
(4) The transfer will not subject the City to legal liability under an employment contract.
(b) An employer shall compensate an employee who receives a transfer under this section
at a rate, as adjusted by changes to compensation that apply generally to the work force, at
which the position into which the employee transfers is compensated.
[23.40.150 DEFINITIONS.
IN KMC 23.40.130 THROUGH 23.40.140:
(A) “CHILD” MEANS AN INDIVIDUAL WHO IS:
(1) UNDER EIGHTEEN (18) YEARS OF AGE; OR
(2) EIGHTEEN (18) YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE
BECAUSE OF MENTAL OR PHYSICAL DISABILITY.
(B) “HEALTH CARE PROVIDER” MEANS: (1) A PHYSICIAN LICENSED UNDER AS
08.64, OR A DENTIST LICENSED UNDER AS 08.36, OR A PSYCHOLOGIST LICENSED
UNDER AS 08.86; OR (2) ANY OTHER PERSON DETERMINED BY THE SECRETARY OF
LABOR TO BE CAPABLE OF PROVIDING HEALTH CARE SERVICES.
(C) “LICENSED HEALTH CARE PROVIDER” MEANS A PHYSICIAN LICENSED UNDER
AS 08.64 OR A PSYCHOLOGIST LICENSED UNDER AS 08.86.
(D) “PARENT” MEANS A BIOLOGICAL OR ADOPTIVE PARENT, A PARENT-IN-LAW,
OR A STEP-PARENT.
(E) “SERIOUS HEALTH CONDITION” MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR
PHYSICAL OR MENTAL CONDITION THAT INVOLVES: (1) INPATIENT CARE IN A
HOSPITAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY; OR (2) CONTINUING
TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER.
(F) “SPOUSE” MEANS SOMEONE WITH WHOM THE EMPLOYEE HAS AN EXISTING
VALID MARRIAGE AS SET FORTH UNDER AS 25.05 AND SPECIFICALLY DOES NOT
INCLUDE AN UNMARRIED DOMESTIC PARTNER OF THE EMPLOYEE.
(G) “IMMEDIATE FAMILY” INCLUDES MOTHER, FATHER, SPOUSE, CHILDREN,
BROTHER, SISTER, MOTHER/FATHER-IN-LAW. THE CITY MANAGER MAY
DETERMINE “OTHER INDIVIDUALS” ARE IMMEDIATE FAMILY, PARENTS, CHILDREN,
SIBLINGS AND OTHERS INVOLVED IN THE SIGNIFICANT RAISING.]
Chapter 23.45 - PERFORMANCE EVALUATION
23.45.010 Purpose.
The primary purpose of the employee performance evaluation program is to inform
employees how well they are performing and to offer constructive criticism on how they can
improve their work performance. Performance evaluation shall also be considered in decisions
affecting pay advancement, promotions, demotions, dismissals, order of layoff, order of re-
employment, placement, and training needs.
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Ordinance No. 3018-2018
23.45.020 Periods of Evaluation.
Each employee [IN THE CLASSIFIED SERVICE] shall have his or her performance
evaluated at the following periods:
(a) End of Probationary Period. Each employee in the classified service shall be evaluated
thirty [(30)] days prior to the completion of his or her probationary period. The employee must
have an overall evaluation of at least “Meets Expectations” in order to become permanent
or, in the case of seasonal employees, be eligible for the next season’s employment.
(b) Annual. Each employee shall receive an annual performance evaluation thirty [(30)]
days prior to his or her anniversary date[.] and thirty days prior to the end of each season for
seasonal employees.
(c) Time of Separation. Each employee shall be evaluated at the time of separation and
such record shall become part of his or her permanent personnel file.
23.45.030 Performance [E]Evaluators.
(a) Rating Officer. The rating officer shall normally be the employee’s immediate
supervisor. The rating officer shall be responsible for completing a performance evaluation
report at the time prescribed for each employee under his or her supervision.
(b) Reviewing Officer. The reviewing officer shall normally be the rating officer’s immediate
supervisor or department head. The reviewing officer shall review the performance
evaluation report completed by each rating officer under his or her jurisdiction before the
report is discussed with the employee. The reviewing officer shall consider the performance
evaluations completed by the rating officer in evaluating the rating officer’s performance.
(c) Department Heads shall be evaluated by the City Manager.
23.45.040 Review of [P]Performance [R]Reports for Employees in the Classified Service.
The rating officer shall discuss the performance evaluation report with the employee in the
classified service before the report is made part of the employee’s permanent record. If the rating
officer plans to recommend the denial of an in-grade pay increment or recommend an
extraordinary increment, the report must be discussed with the reviewing officer and the City
Manager prior to review with the employee.
23.45.050 Unsatisfactory [E]Evaluation for Employees in the Classified Service.
Employees in the classified service who receive an overall rating of “Unsatisfactory” or
“Needs Improvement” on their annual evaluation shall not be eligible to be advanced a step
increment at appropriate annual, biennial or quadrennial anniversary dates. Employees in the
classified service who receive two [(2)] consecutive overall ratings of “unsatisfactory” shall be
subject to dismissal.
23.45.060 Performance [E]Evaluation [A]Appeal [P]Procedure for Employees in the
Classified Service.
[EMPLOYEES’ P]Performance evaluation reports for employees in the classified service
shall not be subject to the standard grievance procedure. Employees in the classified service shall
have the right to appeal their evaluation in accordance with the following procedure:
(a) Step 1. If, after a review of his or her performance evaluation report with the rating
officer, the employee feels that the report is unfair, he or she may request a meeting with the
reviewing officer by checking the appropriate section on the report. The rating officer will then
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Ordinance No. 3018-2018
immediately forward the report to the reviewing officer who will arrange to meet with the
employee within five (5) working days after receiving the report. The reviewing officer will
then forward a decision in writing to the employee within five (5) working days after the date
of their meeting.
(b) Step 2. In the event that the employee is dissatisfied with the decision of the reviewing
officer, he or she may, within five (5) working days of receipt of the decision, appeal his or
her performance evaluation report, in writing, to the City Manager. The City Manager shall,
within five (5) working days, meet and discuss the report with the employee. The City
Manager will, in writing, make a decision within ten (10) working days from the date of their
meeting. The decision of the City Manager will be final.
Chapter 23.50 - CLASSIFICATION PLAN
23.50.010 Employee [C]Classification.
City employees shall be classified by Class, Title, and Pay Range as follows:
CLASS CODE CLASS TITLE RANGE
(a) SUPERVISORY AND PROFESSIONAL
101 City Manager NG
102 City Attorney NG
103 City Clerk NG
104 Finance Director* 24
105 Public Works Director* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to City
Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
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Ordinance No. 3018-2018
CLASS CODE CLASS TITLE RANGE
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
(d) PUBLIC WORKS
401 Building Official 15
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation Operator 9
505 Parks, Beautification and Recreation Laborer 2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
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Ordinance No. 3018-2018
CLASS CODE CLASS TITLE RANGE
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Head[S] Service
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a fluctuating
and unpredictable training schedule, he or she shall be considered to work twelve (12) hours
per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number
of hours worked, whichever is greater. The normal work schedule at the academy shall be five
(5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated
in KMC 23.50.050(b)(l).
Chapter 23.55 - PAY PLAN
23.55.010 Exempt salaries.
Salaries of City Manager, City Attorney, and City Clerk shall be negotiated by the Council
and may be set by motion of Council.
23.55.015 – Department Head Service Salaries.
Salaries of employees in the Department Head Service shall be set by the City Manager
within the range approved by the City Council as approved through the budget process.
23.55.020 Compensation Structure by Grade for Employees in the Classified Service.
(a) Compensation structure by grade for employees in the classified service is hereby
established in accordance with the table that is appended to this title and which may be
amended, modified, or replaced by ordinance, in which case a copy of the amended,
modified, or replacement table shall be substituted for the prior table and placed in the code
at the end of this title.
(b) On completion of the probationary period, each permanent full-time employee in the
classified service, except seasonal employees, shall be advanced one [(1)] step. At
succeeding anniversary dates, subject to evaluation, employees in the classified service may
be advanced a step increment subject to City Manager approval. The time period normally
between steps B to C to D to E to F is one [(1)] year. The time normally between Steps F to
AA to BB to CC is two [(2)] years.
(c) On completion of the probationary period, each permanent part-time employee in the
classified service and seasonal employee shall be advanced one [(1)] step. At appropriate
biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent
annual evaluation being “Meets Expectations” or better, the employee, including seasonal
employees, may be advanced a step increment. The time period normally between steps B
to C to D to E to F is two [(2)] years. The time period normally between steps F to AA to BB
to CC is four [(4)] years.
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Ordinance No. 3018-2018
23.55.030 Qualification pay.
(a) In recognition of professional development, personal time, and effort of the individual to
achieve same, the following annual recognition entitlement is authorized, payable on a pro
rata monthly basis.
(b) This recognition entitlement is not considered when calculating hourly rates for annual
leave or holiday pay.
(1) Police Department. Certification in accordance with State of Alaska Certification
Standards.
Police Officer
Intermediate Certification $ 900/year
Advanced Certification $1,800/year
Police Sergeant
Intermediate Certification $ 900/year
Advanced Certification $1,800/year
Police Lieutenant
Advanced Certification $1,800/year
Police Chief
Advanced Certification $1,800/year
(2) Fire Department.
(i) Recognition entitlements for an associate degree in fire science is four hundred
eighty dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and
captain.
(ii) Recognition entitlements for EMT certification for eligible grades of fire fighter,
engineer, and captain are as follows:
EMT I Instructor $ 250/year
EMT II $ 500/year
EMT III $1,000/year (includes EMT II pay)
EMT-Paramedic $1,500/year (includes EMT II & III pay)
(iii) Recognition entitlements for driver/operator qualified personnel for eligible
grades of fire fighter as follows:
Driver/Operator
Qualified
One (1) pay range increase (Pay range
13 to Pay range 14)
(3) Water and Sewer Utility. Certification in accordance with the State ofAlaska
Certification Standards:
W & S II $ 300/year
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Ordinance No. 3018-2018
W & S III $ 480/year
(4) City Clerk’s Office. Certification in accordance with International Institute of
Municipal Clerks.
Certified Municipal Clerk 2.5% of the employee’s base pay
23.55.040 Uniform allowance.
(a) The following annual allowances are established to defer the cost of uniform cleaning,
maintenance, and replacement for second and succeeding years of service:
Police $800
Fire $500
Animal Control $500
Dispatch $300
Payment shall be made in advance in July and January installments.
(b) On hiring, the respective department head shall issue from stock or purchase from
appropriate funds a basic uniform and equipment issue.
(c) Public Works Departments, Water and Sewer, and Animal Control personnel shall be
authorized to purchase from appropriated funds, safety shoes, hard hats, and other OSHA
required items. Laundry service will also be provided for those clothing items furnished.
23.55.50 Hourly Rates.
(a) Hourly rates for employees in the classified service not exempted from minimum wage
and overtime provisions of the Fair Labor Standards Act (with various experience, skills, and
responsibilities) are hereby established in accordance with the table that is appended to this
title and which may be amended, modified, or replaced by ordinance, in which case a copy
of the amended, modified, or replacement table shall be substituted for the prior table and
placed in the Code at the end of this title.
23.55.060 Stand-by [P]Pay.
(a) Where employees in the classified service are placed on a stand-by status, they shall
be entitled to a 5% rate of pay computed against Step A of the pay range of the employee
for each hour in stand-by status.
(b) To be eligible for stand-by pay, an employee in the classified service must formally be
placed on stand-by status, with the approval of the City Manager, and the proper
documentation indicating such approval placed in the employee’s personnel records. An
employee in stand-by status must be available for call-outs, must be in a location whereby
the responsible City personnel can communicate with him or her, and comply with any other
requirements of the approved stand-by pay.
23.55.070 Call-out [P]Pay.
When employees in the classified service are called out to work outside of normal working
hours, they shall be paid a minimum of two [(2)] hours pay at overtime rates. Overtime hours
worked immediately prior to, or after, normal working hours will not be considered as a “call-out.”
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Ordinance No. 3018-2018
23.55.080 Longevity [P]Pay for Employees in the Classified Service.
All regular employees in the classified service who have received an overall rating of “Meets
Expectations” or better in their last performance evaluation and who have been at Step CC for a
period of at least two (2) years as of July 31st shall be paid a longevity bonus of two percent (2%)
of his or her annual pay rate (i.e., excluding overtime). The longevity pay shall be paid just once
a year on the August payroll, except that the longevity bonus in 2008 shall be paid after the
effective date of the ordinance codified in this section but prior to the end of the calendar year
2008. Notwithstanding the above, any employee in the classified service who has received a
range increase or a non cost of living pay increase within their current pay range within the twelve
(12) months prior to July 31st is not eligible for a longevity pay bonus.
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED AND
DEPARTMENT HEAD SERVICE EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE
PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
19 38.97 39.94 40.92 41.89 42.87 43.84 44.82 45.79 46.76
20 40.93 41.95 42.98 44.00 45.02 46.05 47.07 48.09 49.12
21 42.99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59
22 45.11 46.24 47.37 48.49 49.62 50.75 51.88 53.00 54.13
23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86
24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77
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Ordinance No. 3018-2018
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
13 20.77 21.29 21.81 22.33 22.85 23.37 23.89 24.40 24.92
14 21.82 22.37 22.91 23.46 24.00 24.55 25.09 25.64 26.18
15 22.91 23.48 24.06 24.63 25.20 25.77 26.35 26.92 27.49
16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87
17 25.26 25.89 26.52 27.15 27.79 28.42 29.05 29.68 30.31
FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
18 $77,209 – 101,907
19 $79,185 – 106,987
20 $85,134 – 112,387
21 $89,419 – 118,037
22 $93,829 – 123,849
23 $98,550 – 130,096
24 $103,604 – 136 754
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom
DATE: April 23, 2018
SUBJECT: Recommended Amendments to Ordinance No. 3018-2018 –Personnel
Regulations
____________________________________________________________________________
This memorandum provides suggested amendments to Ordinance 3018-2018 for purposes of
clarity and consistency. The suggested amendments are provided in red below.
1. The first amendment is to Section 2 of the Ordinance which amends the definitions in
Chapter 23.05- General Provisions. The amendments are intended to provide clarity in the
definition of “Department Head Service.”
23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service.
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments and who have been hired or completed a probationary period after June 1,
2018. Employees responsible to the City Manager for the administration of one or more
departments who have been hired and completed a probationary period before June 1, 2018
may enter the Department Head Service by written request to the City Manager.
Page 2 of 5
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.]
(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE.
(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) City Manager. A person directly responsible to the City Council who is authorized
and directed to exercise the powers and fulfill the duties as specified in the Charter and
Municipal Code of the City of Kenai.
Page 3 of 5
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is the
chief legal advisor to the Council and all other officers, departments and agencies of the City
government in matters relating to their official powers and duties.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
2. The second amendment is to clarify the pay schedule in Chapter 23.55- Pay Plan. Current
Department Heads will remain classified employees the suggested amendment reflects
this.
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED [AND
DEPARTMENT HEAD SERVICE] EMPLOYEES EXCLUDING [THOSE] EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
Page 4 of 5
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
19 38.97 39.94 40.92 41.89 42.87 43.84 44.82 45.79 46.76
20 40.93 41.95 42.98 44.00 45.02 46.05 47.07 48.09 49.12
21 42.99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59
22 45.11 46.24 47.37 48.49 49.62 50.75 51.88 53.00 54.13
23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86
24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
13 20.77 21.29 21.81 22.33 22.85 23.37 23.89 24.40 24.92
14 21.82 22.37 22.91 23.46 24.00 24.55 25.09 25.64 26.18
15 22.91 23.48 24.06 24.63 25.20 25.77 26.35 26.92 27.49
16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87
17 25.26 25.89 26.52 27.15 27.79 28.42 29.05 29.68 30.31
FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
Page 5 of 5
18 $77,209 – 101,907
19 $79,185 – 106,987
20 $85,134 – 112,387
21 $89,419 – 118,037
22 $93,829 – 123,849
23 $98,550 – 130,096
24 $103,604 – 136 754
3. Delete all of Section 46. This section is no longer needed based on the change in
23.05.070-Definitions, of the Department Head Service. This Change would require the
renumbering of Sections 47 and 48 as well.
[Section 46. Application: The provisions of this Ordinance will only apply to Department
Heads who have been hired by the City and completed a probationary period by June 1, 2018.
Department Heads who completed their probationary period before June 1, 2018, may
individually chose to enter the Department Head Service and have the Ordinance apply to
their employment by written notice to the City Manager.]
Section 46. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 47. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.