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HomeMy WebLinkAboutOrdinance No. 3028-2018_____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3028-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 23.25.060 – OVERTIME, 23.30.050 – BUSINESS HOURS AND HOURS OF WORK, AND 23.40.020 – HOLIDAYS TO ELIMINATE THE SHIFT SCHEDULE FOR THE SEWER TREATMENT PLANT EMPLOYEES. WHEREAS, the Public Works Department (Department) recommends a change in sewer treatment plant staff work schedules to eliminate staffing 10 hours per day, 365 days per year; and, WHEREAS, a work schedule requiring regular attendance Monday thru Friday and limited hours on weekends for required testing will provide increased time when multiple sewer treatment plant staff members work simultaneously allowing completion of projects where safety protocols require multiple staff members; and, WHEREAS, overall expenditures of the Water and Sewer Special Revenue Fund will decrease by an estimated $16,360 in FY2019 as a result of the proposed change; and, WHEREAS, the Department believes the efficiencies gained by this schedule change are in the best interest of the Department, the sewer treatment plant staff, and the operations of the utility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. 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)(Employees in the Classified Service (excluding public safety [SEWER TREATMENT PLANT] and temporary employees): Ordinance No. 3028-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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) 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 and [,] 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, and 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 As required by the Fair fire protection activities Labor Standards Act Communications 40 hours [SEWER TREATMENT PLANT 40 HOURS] Ordinance No. 3028-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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) 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 2. 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 Hours and Hours of 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., Police and Fire 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]c) 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. Section 3. Amendment of Section 23.40.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.020 – Holidays, is hereby amended as follows: Ordinance No. 3028-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 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) (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) (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. Section 4. 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. Ordinance No. 3028-2018 Page 2 of 5 Section 5. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption . ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 20 day of June, 2018. L _;_t/ ff .---........ New Text Underlined; [DELETED TEXT B RAC KETED] Introduced : June 6, 2018 Enacted: June 20, 2018 Effective: July 20, 2018 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: May 30, 2018 SUBJECT: Ordinance No. 3028-2018 ______________________________________________________________________ The purpose of this memo is to request approval for a change in the sewer treatment plant staff work schedules to eliminate staffing 10 hours per day, 365 days per year. The Public Works Department believes a regular work schedule attendance of Monday through Friday, with limited weekend hours to complete required testing, will provide better coverage of the facility. Allowing the completion of various routine maintenance projects where safety protocols require multiple staff members. The schedule changes will result in an estimated decrease of $16,360.00 in overall expenditures from the Water & Sewer Fund. The Public Works Department believes the efficiencies gained by this schedule change, the increased benefit to the safe operations of the facility with multiple staff present throughout the day, is in the best interest of the City. Thank you for your consideration.