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HomeMy WebLinkAboutORDINANCE 1114-1986Suggested b7i Adminiatrati9n CITY OF KENAI ORDINANCE NO. 1114-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAII ALASKA* AMENDING KENAI MUNICIPAL CODE TITLE 23 TO BRING THE PERSONNEL REGULATIONS IN COMPLIANCE WITH THE. FAIR LABOR STANDARDS ACT (FLSA) e WHEREAS9 1985 amendments to the FLSA made substantial changes to the Act and delayed its coverage for traditional functions of state and local governments until April 159 19861 and, WHEREAS# although 56 hours average per week are the normal hours worked for most Fire Department employees, the FLSA requires overtime to be paid in some circumstances when Fire Department employees work only their normal shiftei andq WHEREAS, the FLSA provides an exemption from overtime requirements for seasonal Parke and Recreational employees$ andp WHEREASt the regular rate of psy, which is the basis for overtime calculation, must include shift pay and qualification pay, which have been excluded from regular rate of pay in the current Code. NOWt THEREFORE9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: KNC 23.25.060(b)(4) is amended as followas (4) Before overtime may be paid, Public Safety and Sewer Treatment Plant employees must be in a psld staL+:d for their normal work week9 as follows: Police 40 hours Fire 56 hours Communications 40 hours Sewer Treatment Plant 40 hours AN �-) Section 2: The City of Kenai Code of Ordinaneea in hereby emus by adding a new subsection to be numbered 23.25.060(f) which shall read as follows: (f) Seasonal Parke and Recreation employees that work for seven months or lees in the calendar year, and are exempt from the overtime requirements of the Fair Labor Standards Acts, are exempted from the above overtime and maximum compensatory time accusoo'krttion requirements. Sects 3: KMC 2345.065tc) 1e amenaea ae Toaaowo: (c) The above rates will be computed against Step A of the pay range of the employee. If determined to be eligible, the employee will receive the computed dollar amount for the whole month. If ineligible, no shift differential pay will be allowed for thmt month. If the employee is eligible based upon a schedule of a combination of ehifte, he will be paid at the rate corresponding to the majority of time worked. Shift pay Is not to be considered in computing [ANY OTHER COMPENSATION, SUCH AS OVERTIME,] annual leave[,] or holiday pay. Section 4: KMC 23.55.WU M is amenaea ee TOa1owa. (b) This recognition entitlement is not considered when calculating hourly rates for [OVERTIME, DOUBLE-TIME,] annual leave[,] or hi,11day pay. (1) Police Department: Certification in accordance with State of Alaska Certification Standards. Police Otficer Intermediate Certification $ 900/year Advanced Certification $19800/year Police Sergeant Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Lieutenant Advanced Certification $1,800/year (2) Fire Department: [I] Recognition entitlements for an associate degree in fire science is $480 per year. Eligible grades are firefighter, engineer, III] Recognition entitlements and captain. for EMT certification for eligible grades of firefighter, engineer, and captain are as follows: EMT I Instructor $ 250/year EMT II $ 500/year EMT III $1,000/year (includab EMT ii pay) EMT -Paramedic $1,500/year (includes EMT II A III pay) ... � � _ :.�. _' �R _ ...: •� � `y ru, ass._ _ � - . _+ - -MEW W (3) Water and sewer utility, Certification in accordance with the State of Alaska Certification Standarde, M di S 11 300/Year f, _ P -= p & S III 480/year a �; PASSE 0 8Y THE COUNCIL OF THE CITY OF KENA19 ALASKA, this fifth ., day of Marcht 1986.Plia NEReMAYUR ATTEST, �. . et VhelanvWeff;2--ef6A First Reeding: February 199 1986 Second Readings March 5, 1986 :: Effective Dates April 1SP 1986 ::::• =u' Approved by Finance: 2/3/86 .- J T'i- - -- -- —at 3= �U h' - r.p 3; =ref .. �� _. ._ _ .� � T4� '� �� a i,r oL n"T•� � .0 •i1",f?� �, -tom .� ' ._` 1� , _ �� .._ . �;=• . , ' � - n. W _.. _. " ,. _ .... - .. _ C. - • Ali .` 'ti ... p � 19 A.: _ hGf'iWeJ p�n��s9 DRAFT M M TO$ All Department Heads FROM: William J. Brighton. City Manager DATS I March 6, 1986 r' SOWNTt Compensatory (comp) Time j The City Code (VA 23.25.060) sets out the rules for cosy time. Overtime or comp time arises when an employee is in a paid status for, hours in excess of his normal work week. The Code is silent regarding the rate a! coop time. However, effective April 15, 1986s the lair Labor Standards Act (FL9A) requires that camp time given in lieu of .V•` -,.' overtime be at time and one half. The following is effective April 15s 1986: z"1OV@&S other tbsa Motmeat Heads t '"ILA aural ft"MalAm x _150"atum awl. for t ess employees, comp t me must be given at time and one-hel! i! it is in lieu of overtime. As long as an employee's paid status is � t_ limited to his normal work week, he is not in an *vertigo otatus and, therefore, not iu a comp time states. For instance, if a shop employee works an extra 2 hours (a total of 10) on Thursday, and works 6 hours '' :_UM Oil Friday, he is not over 40 hours for the week and he receives no overtime. In this case, the 2 hours he took off on Friday were not camp ties. His t3ormal shift was simply altered so that he put in his _ 40 hours in a different way than usual.44 However, wing this same example, if the employee works his normal 8 hours on Friday, he now has worked 42 hours in the week. It the _.__ _ _ ___ ___-4 __. Department Head elects to give his comp time instead Of overtime pay* v he suet be given 3 hours off. Therefores as often as possible, if you decide to give an employes time Ogg for axcoss hours worked, you should give the tine off uu an hour -for -hour basis in the same work week. You should mot allow y*uc ,s employees the option of determining for themselves when to take the ties off. If he understands the rules, no will surely choose to two the time in a following week. The masiaif earned at time and one- v, accumulation is still 8 hours. half s that is S and one-third ho3•rs of overtime worked. ^l 711111 qv _ „ - , 0 r� Pave Z Damaettau ly Ya and aamael r Chit Attosaa These are considered exempt under t e FLOA and never earn comp time at 8 'gin time and one-half. The rules for these employees remain the sane: hours maximum accumulation at straight time. Excess hours worked after.._ the 8 hour maximum is reached are lost. 8s�a�a_oaaI arb and taereatioa pl and ��a`s teen Q`�torexe� mpt theseemployees fe a work overtire paid camp time requirements.a' at straight time. Unless the employee objects, the extra hours may be compensated at the and of the season. : >w Q • = a� � .: r5 . - c•a L. TF r < Al ,r•O _x