Loading...
HomeMy WebLinkAboutORDINANCE 1685-1996• Suggested by: Finance City of Kenai aRDINANCE N0.1685-96 • AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING TITLE 23, SECTIONS 23.10.020, 23.10.030, 23.25.060 (d), 23.25.060 (e), . 23.30.050, 23.40.030, OF THE KENAI MUIVICTPAL CODE TO BRING MtJNICIPA, PERSONNEL POLICIES INTO COMPLIANCE WITH THE PROVISIONS OF THE FAIR LABOR STANDARDS ACT. WHEREAS, the Fair Labor Standards Act (ELBA) sets forth Federal guidelines on numerous personnel issues to include overtime and compensatory time compensation; and WHEREAS, the FLSA provides exemptions from its provisions for certain classes of executive, supervisory, and professional employees; and WHEREAS, current provisions of Title 23 of the Kenai Municipal Code (KMC) do not authorize the payment of overtime to Department Heads but do allow Department Heads to accrue up to eight hours of compensatory time; and WHEREAS, current provisions of Title 23 of the KMC also require Department Heads to charge annual leave on an hour-for-hour basis; and WHEREAS, the manner in which these provisions of Title 23 of the KMC apply to Department Heads might be interpreted in such a way as to make them ineligible for an exemption from the FLSA and, thus, require the payment of overtime to them; and WHEREAS, it is clearly the intent of management that Department Heads are executive, supervisory, and professional employees who should be exempted from the provisions of the FLSA. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII, OF THE CITY OF KENAI, ALASKA, that Sections 23.10.020, 23.10.030, 23.25.060 (d), 23.25.060 (e), 23.30.050, 23.40.030 of the Kenai Municipal Code are amended as shown in the attached Exhibit A. _.,~. , . ,. ~ '7 3. Ordinance No. 1685-96 .Page TwQ r~ • PASSED BY THE COUi\ICIL t)F T1;IE CITY OF K~NAI, ALASKA, this 17th day of April, 1996. ATTEST: .-~~~ Carol L. Frees, City Clerk Approved by Finance (3/28/96) H. Ray d,Measles,~Vice Mayor Introduced: Apri13, 1996 Adopted: April 17, 1996 Effective: May 17, 1996 ,. ._ .. ~,. ~ f _ . . _ ~ :~ .. ,._..,.. ~ ...~ i ,....,~._. ,... .._,_ ,..,:~.,.__ ,~_..~,_...._~.._.~ ., ,. ._ ,. ,~ __ ,.. ,.. .._ _ ~._ ... _. ~_s_ Exhibit A Ordinance No. 1685-96 Page 3 Section ?3.10.020 Exempt ~g~: The exempt service shall include the fallowing: (a) Mayor and Councilmembers -Only the following provisions shall apply: KMC 23.30.110(b) and (d) and 23.40.080 (as applicable), .100 and 110. (b) Members of Boards or Commissions -Only the following provisions shall apply to such offiicials: KMC 23.30.110(b) and (d}. (c) The following Council-appointed administrative offices: (1) City l~ianager. The City Manager shall perform all those duties mandated for his 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 .060(d); KMC 23.30.110(b), (c) and (d); and KMC 23.40.020, .030, .040, .060, .070, .080, .095, .100, .110, .120, and .130. (2) City Clerk. Only those provisions specifically enumerated under (1) above shall apply to the City Clerk. (3) City Attorney. Only those provisions spec~cally enumerated under (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. ~ The following supervisory and professional positions of the exempt service_are cenAiderAC1 to be eYemnt f~'om the provisions of the Fair Labor Standards Act due to the -~_~- patu~rn,,of (fig, ition: Citx Manager ~itv Attorney Ci Clerk Section 23.10.030 Classified Service: The classified service shall include all other positions in the City service. (a) All positions established by the annual budget or salary guide adopted by resolurion of the City Council. Any new position created at the start or during the budget year and either raged or affirmed by the City Council. (b) When this ordinance becomes effective, all persons then holding positions included in the classified service: (1) Shall have regular status if they have held their present positions for at least six (6) months immediately preceding the effective date of this ordinance except for police, which shall be twelve (12) months, or; (2) Shall serve a probationary period of six {6) months from the time of their appointment, which may be extended before acquiring regular status, if they ;~ . ... ... .. No. 1685-96 . Pie 4 have held their position for less than six (6) .monthsk w(th the exceptipn af:police, for . which twelve (12) months is substituted in the above for tale stated six. (6) months period. ~c a foll u ' ' e from r ' • p , ~ ~,of ~,e p ' i ' ~~nance Director Public Works Director Police Chief Fi , ig~ Air,~ort Manager Senior Center Director Li i Parks and Recreation Director Section 23.25.060 Ov im : (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 I~Ianager, 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 salary schedules) shall be: (1) General Government (excluding Sewer Truest Plant): ~QUlar_Pay, T~ Regulaz Work 1~/~ Saturday 1 ~/se Sunday 2 Holiday 2i/z (2) General Government Employees must be in a paid status for forty (40) hours in the work week before overtime may be paid. (3) Public Safety and Sewer Treatment Plant: A >~. - . .. :.r y Fx6ibit A f~rdlnance ,.;,' - .r ' a: -. _. ~ :. it i i Fxbdbit A Ordinance No. 1686-96 Page 5 Rgeul~ar, Pav T~,,, imes Regular Work Day 1 ~/z Saturday [see KMC 23.30.OS0(b) and (c)] 1 ~/z Sunday [see KMC 23.30.050(b) and (c)] 2 Holiday [see ItMC 23.40.020(c) for treatment] (4) Before overtime may be paid, Public Safety and Sewer Treatment Plant employees must be in a paid status for their normal work week, as follows: Police 40 hours Fire 56 hours 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 eight hours. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) [FOR SOME POSITIONS, OVERTIME IS CONSIDERED PART OF THE JQB RESPONSIBILITY AND, THEREFORE, DOES NOT JUSTIFY OVERTIME PAY. CASH COMPENSATION FOR OVERTIME SHALL NOT BE GRANTED TO THE FOLIAV~ING POSITIONS - DEPART1ViENT HEADS OR EXEMPT PERSONNEL Tn WHICH THIS PROVISION APPLIES. IN LIEU OF PAYMENT, TIME OFF IS AUTHORIZED WITH A MAXIMUM ACCUMULATION OF EIGHT HOURS.] ~u,~sorv and professional 'i h l i i m r h " of the Fair L~r Standards A shall not be bound to a wo k we, ek of anv set nun~„ber of hours. The individ~,l$,~,n these positions are expected to work as manv hours as the ' 'i r 1 i' ii n 'd Qv 'me q~ allowed to accrue com,~gnsator~, time. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end of the month to allow for processing of pay checks by the last pay day of the month. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. Suvervisorv and p fession ,pc~itiQns f, the lassified and exe~p .services ' ' 'on 'r S A ' ' 'n 1 i in ' ' ' h ii n i h anv Qi~_____vendav on their timg sus. (f) Seasonal Parks and Recreation Employees that work for seven (7) months or less in the calendar ear, and are exempt from the overtime requirements of the Fair Labor Y ;., . << _ Exhibit A Ordinance No. 1685-96 Page 6 Standards Acts, are exempted from the above overtime and maximum compensatory time accumulation requirements. ~~aietess l~,ours ,~• (a) The hours during which Section 23 30.050 R Ci offices and departments shall normally be open for business shall be 8:00 a.m. to 5:00 ~ m to430p .m., Public Works departments • 5:00 a. :. .m., except Saturdays ~s 24 houyrs~a P n for busy holidays, and further excepting Po>rce and Fine which shall be ope da . The Library, Recreation Center, Senior Center, and Animal Control operations shall be Y 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 wee 2~ 0 hours annually. When working this sluPt, first and third days off~s~ala S nda for Saturdays and the middle day off (the second day) shall be trea Y purposes of paying overtime; c cle, then three (3) days off - (2) Fire - 24 hours on, 24 hours off, for six (6) day y uivalent of 56 hours per week, 2,912 hours annually. When working this shift, ~ t ~ -off 'od shall be treated as Saturdays, and the middle y third days of the tlUree-day P~ of in overtime. shall b treated as Sunday for purposes pay g (c) Sewer Treatment Plant employees work aforty-hour week on a shifu ~ is~that ~ are allows at least one employee to be at the plant on a given day. When ached y two consecutive calendar days, the first day off shall be treated as a Saturday and the second day off sha11 be treated as a Sunday for purposes of paying overtime. (d) All other employees' normal work week is forty hours/eight hours a daya2W08k hours annually. Standard work day is midnight to midnight succeeding. Standar week is midnight Sunday to nudiught Sunday succeeding• Qperating hours may be adjusted to meet special situations on timely notice. . ~1 - i - - i--n ifi u ~ ~ : _r •ws ~t':~ ~ ~1~n* Ctan[1~tdS ACt Sll~l_1 I1Q~~c -- -- -- d -^ri~ ;n subpar g~oh (d1 above. .,~~ ~.. Exhibit A Ordinance No. 1685-96 Page ? Scetion 23.40.030 Annual Leave: (a) Accrual rate: (1) FuU-time classified employees except certain Fire Department employees: 16 hours per month -first two (2) years of service. 18 hours per month -three tr~rough five years of service. 20 hours per month -six through ten years of service. 22 hours per month -more than ten years of service. ~J r, u (2) Fire (Based on a 56-hour week): 22.4 hours per month -first two years of service. 25.2 hours per month -three through five years of service. 28.0 hours per month -six through ten years of service. 30.8 hours per month -more than ten years of service. (b) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8) hours would be chazged at eight hours annual leave; 12 hour work day, 12 hours annual leave; ten hour work day, ten hours annual leave; 24 hour work day, 24 hours annual leave. (c) 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). L,~,ave does not accrue during periods of leave without pay. (d) Accrued' and unused leave may be carried over from one year to the next for the purpose of accumulating an annual leave account or reserve. The ma~cimum leave hours that may be accrued is 640 hours for classified ar~d exempt, and 896 hours for Fire Department employees working the 56-hour week. (e) 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. (f) It is required that each employee use a muiimum of 80 hours of leave per calendar year for employees working 40 hours per week, and 112 hours for employees working the equivalent of 56 hours per week, 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. (g) Excess leave above the amount authorized for accrual [Paragraph 3(d) above] existing on December 31st shall automatically be paid at the then existing rate for the individual employee. (h) 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. Exhibit A ` Ordinance i'~ta. ib8sw96 P 8 ..age {i) _ In the anent: of significant ill#te~s or injury not, covexed. by. ~V'ori~aaan's Coi»pensation, an employee on exhaustin8 annual lea~re may, with the approval of the City M[anageir, boxrow up to a s~cmon~th,enntlement (~.e,, b z lb hours) to avoid a no-pay status. (j) ~ dart-time empl~oy®es worl~inng fifteen f 1~) hours a weel~~ o~ moire shall accirue at-the same rate as a dull-time employes excxgt on a proportia~al t~asis as to hours. i~ 1 'f m 1 i f i x li 1 ei ght ( 8) ho urs o f ann ual ~~v e for t , dav . . . ., -', a . ~ i •i' a 4 .~. _. __..__ .-. ._.~f~._.r__.. ~_.-_. ..~._. _. __G..• _~.._.._. L•~.-.. ... .r...