HomeMy WebLinkAboutOrdinance No. 3031-2018_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member Molloy
CITY OF KENAI
ORDINANCE NO. 3031-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 23.10.020-UNCLASSIFIED SERVICE, TO ALLOW GREATER FLEXIBILITY
IN CERTAIN CITY BENEFITS RECEIVED BY THE CITY MANAGER, ATTORNEY, AND CLERK,
FOR PURPOSES OF RECRUITMENT AND RETENTION.
WHEREAS, Kenai Municipal Code 23.10.020 provides in relevant part, a list of certain benefits
the City Manager, Clerk and Attorney receive; and,
WHEREAS, similar to recently enacted Ordinance No. 3018-2018, allowing more flexibility in
compensation for department heads, allowing greater flexibility in certain benefits received by the
City Manager, Attorney and Clerk is intended to improve recruitment and retention in these
positions; and,
WHEREAS, the three positions each have a separate employment agreement negotiated with
the City Council, which along with other employment terms is a preferred place for benefits listed
in 23.10.020 regarding, leave, insurance, hours of work, holidays, per diem and others to be
maintained; and,
WHEREAS, allowing certain benefits to be negotiated between the Council and its employees is
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. 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 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, 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, City Clerk and City Attorney. The City Manager, City Clerk and City
Attorney 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 negotiated with the Council
and incorporated into an employment agreement. [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,
Ordinance No. 3031 -2018
Page 2 of 2
..
23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120 , AND 23.40 .130.) The Counc il
shall by resolution determine whether KMC 23.40.080 applies to the posit ion 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 Profess ional 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 provis ions of this chapter
shall apply to such positions but only insofar as they are appl icable.
Section 2. 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 ord i nance even
without such part, provision, or application.
Section 3. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 20 1h day of June, 2018.
~/\/ ~ BRIAN GABRIEL SR., MAYOR
New Text Un derlined; [DELETED TEXT BRACKETED]
Introduced: June 6, 2018
Enacted : June 20 , 2018
Effective : Jul y 20, 20 18
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council Members
FROM: Council Member Molloy
DATE: May 29, 2018
SUBJECT: Ordinance No. 3031, Amending Municipal Code 23.10.020 To
Allow Greater Flexibility In Certain City Benefits Received By
The City Manager, Attorney, And Clerk, For Purposes Of
Recruitment And Retention
______________________________________________________________________
Ordinance No. 3031-2018 is intended to allow the Council more flexibility in
employment agreement negotiations with the City Manager, City Clerk, and City
Attorney, the purpose being to maintain and improve recruitment and retention for these
positions. Additionally, negotiating terms other than compensation can result in costs
savings to the City while providing other benefits to the Council’s direct employees, and
avoid reliance on citations to code sections.
Your consideration is appreciated.