HomeMy WebLinkAboutORDINANCE 0336-1977CITY OF KENAI
ORDINANCE 335-??
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI ESTABLISHING
AND UPDATING THE PERgOI~L'~EL POLICIES, PRACTICES AND REGULATIONS
OF THE CITY OF KENAI, AS AME~VW.f).
BE IT ORDAINED by the Council of the City of Kenai, Alaska that the
Code of the City of Kenat is hereby amended by adding thereto a new chapter,
Chapter 22, .Personnel Regulations, which shall read in its entirety as
~ollows:
CHAPTER 22
PERSONNEL REGULATION8
Table of Contents
ARTICLE I General
A. Employment - Oualifieatious and Fitness
B. Incentives and Conditions
C. Uniformity of Classification end Compensation
D. Appointmente
E. Morale
F. Tenure
ARTICLE II Categories of Service
A. Oenoral
B. Exempt Service
C. Classified Set,dee
ARTICLE Ill Admtniotration
ARTICLE IV Claesification
A. Initial Classification
B. Roview of Classification Plan
C. Adjustments to Orgm~ization
ARTICLE V Compenoaflon
A. Pay Plan - Development
B. Pay Plan - Adoption
C. Pa}, Plan - Amendment
D. Appointee Compensation
E. Pay Day
F. Overtime
G. Acting Positrons
H. P~omotion
ARTICLE VI Personnel Poltcieg and Procedures
A. General
B. Appointment
C. Probationary Period
D. Merit/Growth/Evaluation
E. Horn's of Work
F. Attendance
G. Personnel Records
H. Transfers
I. Layoffs
J. Outside ~mployment
K. Travel Exp~nses
L. Moving Expenses - New Employees
M. In-Service Training
N. Relatives in City Service
ARTICLB VII General Conduct
A. Appearance
B. Causes for Warning, Suspension or Dismissal
C. Disciplinary Actions
D. G~'tevance Procedures
Resignation
F. Reemployment
G. Cost Conseioueness
H. Safety
I. Legal Liability
ARTICLE VIH Benefits
A. General
B. Holidays
C. Armtud Leave
D. Terminal Leave
Leave of Absence without Pay
F. Leave of Absence. with Pay
G. ]~ducation
H. Educational Opportunities
I. Retirement Age
J. Social Security
K. Industrial Accidents
L. Medical and Hospital Inaurance
M. Maternity Leave
ARTICLE IX Performance l~.valuation
A. Purpose
B. Periods of Evaluation
C. Performance Evaluations
D, Review of Performance Report
E. Unsatisfactory Evaluation
F. Appeal Procedure
ARTICLE X Classification Plan
ARTICLE XI Pay Plan
A. Exempt Salaries
B. Salary Structure -- By Grade
C. Uniform Allowance
ARTICLE XII Definitions
(Reserved)
(Reserve. d)
ARTICLE I. General Provisions
It is hereby declared, personnel policy of the City of Kenai, that:
Emplolnnent - Qualifications and Fitness:
Employment in City Government shall be based on qualification and
fitness, free of personal and political considerations, with equal opportunity
for all with no restrictions as to race, color, creed, religious affiiiations
or sex.
Incentives and Conditions:
Just and equitable incentives snd conditions of employment shall be
establi0hed and maintained to promote efficiency and economy in the
operations of the City government.
Ce
Unffoz~nity of Classification and Compensation:
Positions having similac duties and responsibilities shall be classified
and compensated on a uniform basis.
D. 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 filed.
E. 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.
Tenure of employees covered by this ordinance shall be subject to
good behavior, satisfactory performance of work, necessity for
the performance of work and the availability of funds.
ARTICLE
Ae
H. Categories of Service
(]eneral:
All offices and positions of the City are divided into classified service
and exempt 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 ss indicated in
below.
B. Exempt Service:
The exempt service shall include the following:
Mayor:
Mayor. Only the following provisions shall apply to the
Article VI - K-2 and K-4.
Article VIII ~ J. and K.
2. Other elected officials and members of boards or commissions.
Only the following provisions shall apply to such officials:
Article VI - K-2 and K-4
3. The following Council appointed administrative offices:
a. City Manager. The C~y Manager shall perform all those
duties mandated fox' 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:
Article V - Paragraph I~, Paragraph F-4.
Article VI - Parageaph B-l, ParasIraph K-2, 3, & 4.
Article VIII - Paragraphs B., C., O., H., J., K., L., & M.
b. City Clerk. Only those provisions specifically enumerated
under ",~" above (City ~/~anager) shall apply to the City Clerk.
c. City Attorney. Only those provisions specifically enumerated
under "a" above (City Manager) shall apply to the City Attorney.
4. Volunteer personnel and personnel appointed to serve without
pay. None of the provisions of this chapter shall apply to such
personnel.
5. Consultants and counsel rendering temporary professional services.
Such services shall be by contract and none of the provisions of this
chapter sh:Jl apply.
6. Positions involving seasonsal or temporary work. All of the
provisions of this chapter shall apply to such positions but only insofar
as they are applicable.
C. Classified Service:
The classified service shall include all other positions in the City service.
1. Ail perma~lent positions established by the annual budget or salary
guide adopted by resolution of tho City Council. Any now position created
at the start or during the budget year and either ratified o~ affirmed by
the City Council.
2. When this ordinance becomes effective, all persons then holding
positions included in the classified service:
a. Shall have permanent status if they have held their present
positions for at least six ($) months immediately preceding the
effactive date of this ordinance except for police, which shall
be twelve (12) months or;
b. Shall serve a probationary period of six (6) months from the
time of their appointment, which may be extended before acquiring
permanent status, if they have held their position for less th~m
six ($) months, with the exception of police, for which twelve 22)
months is substituted in the above for the stated six (8) month
period.
ARTICL.q III. Administration
The personnel program established by this ordinance shall be admin!~tered by the
City Manager. He shall administer all provisions of this ordinance and of the
personnel rules. He shall prepare and recommend revisions and amendments to
thiz ordinance as deemed necessary. The City Manager shall draft such rules as
may be necessary to carry out the provisions of this ordinance. 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 ~anal~er. much rules,
regulations and procedures shall be in harmony with the general rules of
the City Manager and provisions of this ordinance, and shall be binding on
the employees.
ARTICLE IV. Classification
A. Initial Classification:
The City Manager shall make analysis of the duties and responsibilities
of all positions in the classified service and shall recommend to the Council
a Job classification plan. F~ach position in the classified o~rvice 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
sufflcianfly 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 clap. s may c. ont~ip o.qepos, ittoo or mgl'e than one position. The
Council shall aaopt a emssmeatton p~n oy ora:nsnee.
B. Revisions ~ 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.
AdJuet. ments to Ori~anization:
Whenever a change in the organization of the City adminstratton is
brought about by changes ~n the classification system outlined above,
the City Manager shall submit to the Council a chart or table of
organization of the adminstration, indicating the new structure and
repo,.ting relationship.
ARTICLE V. Compensation
,Pay Plan - Dovelopment:
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 ss 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 th." pay plan shall be to provfde an appropriate salary structure to
recruit and retain en adequate supply of competent employees.
.pa~v Plan and 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 of the pay ranges provided in the
pay plan. The Council shall adopt a plan and T~iles by ordinance.
Pay Plan 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
reassi&,mnent of Job classes to different pay ranges. All modifications
shall apply uniformly to all positions in the same class.
Appointee Compensation:
1. Upon initial appointment to a position, the employee shall receive
the minimum salm'y for the class to which the position is allocated.
2. However, in the cases when unusual difficulty in filling the vacancy
is experienced, c,r when the appointee is exceptionally qualified, the
City Manager may cause the appointment to be made at a salary level
above the minimum, but not more than Level D for the same class.
Pay Day:
1. Normally, employees shall be paid on the lSth and last day of each
month. If the pay date falls on a Saturday, Sunday or a holiday,
employees shall be paid on the last working day preceding the pay
dste.
2. The mid-month pay shall be a pro rata draw or a share of net entitle-
ments for the monthly period, or period employed if a new employee.
3. Overtime payment, See Paragraph F.
Overtime:
I. Department heads and supervisors shall assign to each employee
regular work duties and responsibilities which can normally be
accomplished within the established workday end workweek.
e
When employees are required to work overtime, department heads
shall authorize compensatory time off or overtime pay. Determination
to grant cash or compensatory time off shall rest with the department
head, City Manager or acting department he~ds, who shall
give due consideration to desires of the employee, to budgetary
controls and to the provisions of Paraffraph V-F (3) of this Ordin~_nce.
Re!es for overtLrne shall be:
General Government - Regular Workday x I 1/2
,Saturday x 1 1/2
I4oliday (Normal Workday) x 2
1/2 which includes holiday pay
Holiday (Hours beyond 8) x 2
`sundays x 2
However, General Government employees must be in a paid status for
40 hours in the work week before overtime may be paid.
Public Safety - Regular Workday x I I/2
Saturday x 1 1/2
Holiday for which the employee is not schedule - x 2-1/2
which excludes holiday pay paid annually (Article VIII-H)
Holiday (hours beyond 8) x 2
Sunday for which the employee is net scheduled x 2
However, Public Safety employees must be in a paid status for their
normal work week, Police (40) before overtime may be paid. F~e
employees (56 hours average workweek) must be in a paid status for
the normal two-week work period 012 hours) before overtime may be
paid. Communications employees (42 bo,_,.? average) must be in a paid
status for the normal two we. ok period (84 hours) before overtime may
be paid. Overtime rates for individun! public safety employees attending
special activities not part of their usual work duties, the costs of which
are reimbursable to the City, will be calculated at 1-1/2 times the hourly
rate based on a 2080 hour year.
Compensatory time accumulation shall not exceed eight (8) hours. Op_ee
this maximum accumulation has been reached, all overtime compensation
earned by the employee shall automatically be paid in cash.
For some positions, overtime is considered part of the Job responsibility
and, therefore, does not Justify overtime pay. Cash compensation for
overtime shall not be granted to the following positions.
Department Heads or exempt personnel to which this provision applies.
In lieu of payment, tir0e off is authorized on a non-cumulative basis.
Overtime shall be paid one pay day in arrears.
.P. eting Positions
Compensation during temporary assignr.~ent: An employee who is
temporarily assigned to a position with a higher pay range for a
period of ten (I0) days or more shal be paid at the first step of the
higher pay range or, he shall be granted a one step pay increase,
whichever is higher, for the period worked in the temporary assign-
merit. An employee who is temporarily assigned to a posltt~-~ with a
lower pay range, for any period, shall not receive a reduction in pay.
No such temporary assi_amment shall exceed six (6) months.
Promotion:
When an employee is promoted from one class to another having e
higher pay range, he shall receive an increase of not less than one
pay step. If the employeefs current rate of pay is below the minimum
for the higher class, his pay shall be increased to the minimum rate
of the higher class. If the employee's current rate of pay falls within
the range of the higher class, his pay shall be adjusted to the next
higher pay step in the range for the higher class, which is at least
equal to one increment above his current pay rate.
ARTICLE VI. Personnel Policies and Procedures
A. General:
1. Recruitment and appointing authority shall be vested in the City
Manager.
2. Applicants must be United Stat~.s citizens in order to 'be employed
by the City.
3. Applicants for positions in the City semrice need not reside within the
City limits. Departmental Rules shall establish response times required
by that department.
4. Minimum age for City employment shall be in accordance with State
of Alaska laws.
5. Employment of qualified, handicapped persons shall be encouraged.
6. Employment rights for veterans shall be in accordance with applicable
State and Federal laws.
?. Applicants must possess an appropriate valid Alaska State Driver'o
License, should employment require operation of a motor vehicle.
8. Applicants must complete a City application form or submit a resume'
of suffio, iant detail to equate to a City form.
9. Preference in appointment shall be given to qualified City residents.
Appointment:
All appointments to vacancies shall be made solely on the basis of
merit, efficiency and fitness. Thesa qtt~ltles shall be determined
through careful and imparti~l evaluation of the following:
1. The applicant's level of training relative to the requirements
of the position fox, which applied.
2. The applicant's physical fitness relative to the requirements
of the position for which applied.
3, The results of an oral interview, sad
4. Whentwer practical, the results of a competitive written examination
or demonstration test, which shall be a fair and valid test of the abilities
and aptitudes of applicants for the duties to be performed.
No question in any test o~ in any application form or by any appointing
authority shall be so framed as to attempt to elicit information concerning
race, color, aneestr'y, sex, national origin, or political or reliplious
affiliation fo~ the purposes of discriminating,
Ail statements submitted on the employment application or attached resume
shall be subject to investigation and verification.
If required by the depai-tment, applicants shall be fingerprinted prior
to appointment.
Any Job applicant or employee may be required to take a physical exam-
inaticn. In caeca where a physical examination is deemed advisable, the
City shall pay the cost of the examination.
P~obaticnar]/ Period:
All original appointments shall be tenattve and subject to a probationary
peeled et no~ less than six (6) months consecutive service, except for
Police, which shall be normally twelve (12) months, subject to meeting
criteria fox' eertfficstion which, r~ay be accomplished following six (6)
months of service. Promotional appointment probationary period shall,
for all personnel, be not less than six ($) months.
In eases where the responsibilities of a position are such that a lonl~ler
period is neeessa~ to demonstrate an employee's qualifications, the
probationary period may be extended: however, no probational, period
shall be extended beyond twelve (12) months or eighteen (18) months
for police. The employee shall be notified in vn'iting of any extension and
the reasons therefere.
During the first six (6) months of probationary period, a new employee
(including poli~e) shall not be eligible for vacation benefits, but he
shall earn vacation credit fx*om the fh, st day of employment.
Upon completion of the probationary period, the employee shall be considered
as having ~atidactorily demonstrated qualifications for the position,
shqll gain regular ~tatus, one ~tep in pay raise, and shsll be so
informed through his supervise,.
During the probationary period, a new hire may be termina~d at any
time without appeal.
In the ease 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 was px'omoted, oven though this necessitates the layoff of the
employee occupying the position.
Mertt/G rowth/l~valuation:
1. Evaluations shall be required annually of all clsssffisd employees.
Supervisors shall indicate thereon his recommendation as to
whether or not the employee has merited a growth pay raise in accordance
with tho City Pay Plan, Article IX.
2. Approval of increment merit pay raises are vested in the City Planager.
Hours of Work:
1. The hours during which City offices and departments shall no~mally be
open for business shall be $: 00 a.m. to 5:00 p.m., DI'W - 8:00 a .m.
to 4:30 p .m., except 8at/Sun. holidays and further excepting Police m~d Fire
which shall be open for business 24 hours a day. The library and Animal
Control operations shall be open for business as authorized by the City
2. Public Safety employees, not including administrators, normal work
week is:
(a) Police - 4 shifts of I0 hours per week, 2.080 hours annually;
CO) Fire - 24 hours on, 24 hours off/equivalent of 56 hours per week,
2912 hours annually
(c) Communication - 12 hours on, 36 hours off/equivalent of 42 hours
pex, week, 2184 hours annually
3. All other employees normal workweek is 40 hours/$ hours a day,
2080 hours annually. Standard workday is midnight to midnight
succeeding. Standard workweek is midnight Sunday to midnight Sunday
succeeding. Operating hours may be adjusted to meet special s!tuations
on timely notice.
Attendance:
Employees shall be in attendance at their wo;'k in accordance with the rules
regarding hours of work, holidays and leaves of absence.
An employee shall not absent himself from work for any reason without
prior approval from his supervisor. When prior approval is not ootained,
m: employee, who for any reason fails to report to work, sltmll make
a sincere effort to notify his supervisor of his reason for betn~ absent.
If the absence continues beyond the first day, the employee shall notify
the supervisor on a dttily basis unless othpl~ q,'~ngem..ents have been
made with the supervisor.
Departments shall maintain records of employees' attendance.
Any unauthorized absence of an employee from duty shall be deemed to
be an absence without pay and may be cause fox, disciplinary action.
Personnel Records:
The City Manager shall cause a service or personnel record to be
maintained for each employee in the service of the City of Kenal.
The personnel record shall show the employee's name, title of
posttlon held, the department to which assil~ed, salary, change tn
employment status, training received, and such other information as may
be considered pertinent.
A pe~sormel action form shall be used as the single document to initiate
and update personnel records.
Employee pet, sonnel records shall be considered confidential and shall be
accessible only to the following:
(a) The employee concerned
(b) Selected Ci.'~, officials authorized by the City Manager
Deparlmental pez'sonnel ~es 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.
H. Transfers:
Requests from employees for t~ansfe~s from one dept~tment to another shall
bo made in writi~ &,';d shall be directed to the employee's present
department head end referred to the appropr4ate department head and the
appointing power. Such requests shall be given eonsidm, atton when ~
suitable vacancy occurs; however, no employee shall be transferred to a
position for which he does not possess the minimum qualifications.
I. Layoff:
If the~'e are changes of duties in the organization, lack of work or
lack et rands, 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 ave 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.
Outside Employment:
No full-time employee shall accept outside employment, whether part-
time, temporary or permanent that could reasonably interfere, conflict
or reflect on the City. It is the individual employees responsibility to
insure complfance with this section. Consultation with the individuals
depai~hiient head is strongly recommended before acceptance of
outside employment.
Travel Expense:
When employees ave required to travel outside the City on City business,
reimbursement, subject to advances received, for expenditures incurred
shall be determined as follows:
Prior to ~aveling outside the City, the employee shall obtain
permission for the trip and the mode of travel from the department
head.
2. Tr~vel on official business outside the City by a single individual
shall be via public carrier ce city-owned vehicle whenever practical.
If, for extenuating circumstances, the employee is authorized to use
c private vehicle, total mileage shall be paid at the rate of $ . 20
per mi~e for the first I00 miles, $ .I0 per mile for the next 100 mile=,
and $ .05 per mile thereafter. This rate includes all ~avel, tnstn, ance
and storage expenses of the vehicle.
3. Those employees who habitually use their privately owned vehicle for
City business shall be reimbursed $20.00 per month, subject to
authorization by the City Manager.
4. The authorized per diem rates a~e $20.00 per day plus lodging
expense. Part days will be reimbursed for actual costs incurred.
Claims fro' lodging expenses will be supported by receipts.
Movinl~ Expenses for New Employees:
Whenever a professional or technicallY t~alned person changes his place
of residence more than 50 miles, fox, the purpose of accepting employment
with the City, such a person may be reimbursed for actual and necessary
expenses undav the following conditions:
(a) 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.
(b) The maximum reimbursable shall be subject to negotiation at the
time of an offer of acceptance of appointment.
(c) To be eligible for the total allowance for an employee who is the
head of a household, his dependents must accompany him or join
him within one year of the date of his appointment.
(d) 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
re/mburse the City for all or part of such expenditures in the event
of voluntarily leaving City service within a pe,'iod of two years
according to the following schedule:
100%- Less than six (6) months
75% - Six months but less than twelve (12) months
50% - Twelve months but less than eighteen (18) months
25% - Eighteen months but less than twenty-four (24) months
9% - Two years and over
New employees may not be given an advance against moving expenses
without prior written approval of the City Manager.
In-Service Training:
The City Manager shell encourage training opportunities for employees
and supervisors in ox'der that services rendered to the City will be
more effective. He shall assist department heads in meeting Raining
programs dest~ned to meet immediate City-wide personnel needs and to
prepare employees for promotion to positions of greater responsibility.
Training sessions may be conducted during regular working hours
at the discretion of department heads.
Relatives in City Service:
Two members of an immediate family (spouse, children, brother, sister
or parents) shall not be employed under the same supervisor. ~either
shall two 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 immediate femfly.
The provisions of this section shall apply to promotions, demotions, transfers,
reinstatements and new appointments.
Cohabitation by adults of the opposite sex presumes a family relationship
and shall be construed as such.
ARTICLE VII. Genoral Conduct, Discipline, Termination and Appeal
Personal Appearance and Conduct:
Public relations shall be an integral pa~ of each employee's Job.
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 stands
of dress and ~ppearanee.
Employees shall be courteous, efficient and helpful to ever~yone in tho. ir
work and shall do the best Job possible, on avo.~y assignment.
B.Causes for Warning, Suspension o.r Dismissal:
Il/hen an employeets conduct falls below desirable ~andards, he may
be subject to disciplinary action.
General reasons for which an employee may be disciplined include:
(a) Drinking intoxicating bp. verages or use of non-pr'escl-lption
depressont, stimulant ~mlucinogentc or narcotic drugs on
the job or arriving on the job under the influence of intoxicattnp, beverages
or such drugs.
(b) Violation of a lawful duty;
(c) Insubordination;
(d) Breach of discipline;
(e) Being absent from work without first notifying and securing pe~;r~ission
from the employee's supervisors;
(f) Being habitually absent or tardy for any reason;
(g) Miseenduat;
(h) Conviotict2 of a felony or of a misdemeanor involving moral turptitude;
(i) Using religious, political or fraternal influence;
(J) Accepting fees, gifts, o~ other valuable things in the perfo:~nanee
of the employee's official duties for the City;
(Il) Inability to pti'form the assigned Job;
(1) Political aoltvity as restricted by the Charter.
Forms of Disciplinary Action:
Diseiplinar~ action ranges from oral or written reprimands to suspension,
demotion and finally aismtssal from the City service, and depends on the
severity of the offense as well as the number and the frequency of pt, ovious
acts of misconduct.
It shall 'be the duty of all City employees to comply with and to assist
in carrying into effect the provisions of the Cityts personnel ~.ules and
regulations. No employee shall ba disciplined except fo~' violation of
established rules and regulations, and such discipline shall be in
accordance with procedures established by tho personnel rules and
regulations.
Every department head shall discuss improper or inadequate performance
with tho employee in order to eorrect the deficiencies and to a'~,oid the need
to exercise disciplinary action. Otseipline shall be of increasingly progressive
severity whenever possible.
t
A written notice shall be given each employee for each disciplinary
action stating the reasons for the disciplinary ~etton and the date I! ~hall
take effect. The notio~ shall bo given to the employee at the time such
action is taken. A copy of the .ottce signed by the employee shall be
placed in the employee's personnel file and shall serve as prima facie
evidence of delivery.
All permanent employees shall have the right to appeal disciplinary
action taken against them within five (5) working days after the effective
date of disciplinary action. Appeals shall be made as grievances in
accordance with the provisions of Section 3.4 of this Ordinance.
Grievance Procedure:
The City shall promptly consider and equitably adjust employee
g~ievances relating to employment conditions and relationships.
Furthermore, the City desires to adjust the causes of grievances
informally - both supervisors and employees are expected to resolve
problems as they ariae.
The following steps shall be followed in submitting and processing a
g~'ievance:
(a) Step I - The aggreived employee or g~oup of employees shall
orally p_~esent the g?ievance to the immediate supervisor within
five (5) working days of the oceurrance, not including the date
of presentation.
(b) Step 2 - If the grievance is not settled in Step 1., it shall be
prepared in detail, shall be reduced to writing, st~all be dated,
shall be signed by the agg~'ieved employee or group of employees
and shall be presented to the department head within five (5) working
days after the supervisor's o~al reply is given, not including
the day that the answer is given.
(c) Step 3 - If the g~ievance 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 CiW Manager within
seven (?) working days after the department bead's response is
given, not including the day that the response is given. The City Manager
shall meet with the aggreived employee or group of employees, the
i~,medlato supervisor and the department head. The City Manager
shall reply to the grievance in writing within seven (7) working
days of the date of presentatior: of the written grievance. The decisio~
of the City Manager shall be final and binding on the employee or
group of employees.
If the grievance procedure~, are not initiated within the time limits established
by this section, the grievance shall be considered not to have existed.
Any grievance not takeii to ~,he 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.
If the City fails to meet or answer any grievance within the time limits
prescribe,i for such action by this section, such grievance shall
automatically advance to the next step. If the City fails to me~t 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.
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 ai~ parties involved. No
employee shall be disciplined or discriminated against in any way
bscause of the employee's proper use of the grievance procedure.
Re_s_ignatton:
To resign in geed standing, an employee shall fflve 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.
Failure to comply with this seetien shall be entered in the employee's
service record and may be cause fox' denying future employment with the
city.
Fe
~eemployment:
Permanent and prz~=-:Io--n, cry employees with s satisfactory record of service
who resign their positions (in accordance witP. the provisions of this ordinance
for resignation from the City service) may, on their written request, with-
draw such resignation within one year from the effective date thereof and be
consider~l on a prefe~'ential basis for re-employment in the same ox, com-
parable classification to one resigned from.
The preferential eligibility of all candidates for re-employment shall expi~'e
two years from the date on which they beeRme entttl~,~ to the re-employment
rights.
A re-employed individual shall acquire seniority based on the length of the
employee's continuous service to the City since the employee's last date of
hire.
Cost Conscious. ness:
City employees shall practice every economy possible in ~.he discharge of
their duties.
Employees are encouraged to reeomr~Jend to their supervisors work procedures
which will result in a cost saving or improved service to the public.
Safety:
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 regulation and discipline eonwo~s.
Department heads, supervisors and employees shall guard the safety of
themselves, fellow employees and the public.
When accidents occur on City property, the employee shall contact his
supervisor immcdiately and the supervisor shall complete an accident
form. In case of a motor vchiclc accident, the Police Department shall
also be notified immediately.
The City Manager shall be notified of ali accidents involving: City employees
and City equipment as soon as possible and not later than the next workday.
Legal Liabili~!
Employees shall abide by all laws and regulations which gove~n the performanoe
of their duties, and shall perform their duties as reasonable, prudent persons.
Defen~,e of legal claims against an employee relatin~r to an official status
with tho City, shall be the responsibility of the City.
If an employee is grossly negligent in the performance of duties and responsio
bilities and if an ~cident results from such ri.gl!gent performance of duties
and responsibilities or if a court of law finds that the employee willifully
exceeded his scope of duty and responsibility, the employee may be held
personally and legally liable.
ARTICLE VIII. P. eneflts
General:
All regular full time, regular part-time (15 hours and over per week) classified
employees are entitled to the following benefits as specified in this article.
Holidays:.
All regula.~ employees of the City 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.
(a) New Year's Day
Co) iYashington'o Birthday
(e) Memorial Day
(d) Independence Day
(e) Labor Day
(f) Alaska Day
(g) Veterans Day
(h) Thanksgiving Day
(i) Day after Thanksgiving
(J) Christmas Day
(k) A fieat~g holiday to be selected by the City Manager
If any such holiday falls on a Sunday, the following Monday shall bo. given as
a holiday. If such holiday falls on a Saturday, the preceeding Friday shall be
given as a holiday.
Ce
Any general government employee who works on a recognized holiday as part of
his regular work week shall be paid double time for that day which shall include
his regular pay, Any hours worked beyond normal on the holiday shall be paid
at two times their regular rate of pay. Public safety employees shall receive pro
rata an annual payment each December for appropriate holidays as follows:
Fireflghters (56 hour week)
Police (40 hour week)
Dispatchers (42 hour week)
1I. 2 hours pay per holiday
8 hours pay per holiday
9.6 hours pay per holiday
Holidays which occur during vacation shall not be charged o4~ainst such leave.
Annual Leave:
1. Accrunl Rate:
(a) Regular full-time classified and exempt employees less fireflghters and
eommunicatiens personnel:
16 hours per month - first two (2) years of service
15 hours per month - three (3) through five (5) years of service
20 hours per month - six (6) through ten ti0) years of service
22 hours per month - more than ten (10) years .of service
Regular part~time employees workin~ 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.
Fireflghters - Fire 2ngtneers -- Based on a 56 houl, week.
22.4 hours per month - first two (2) years of service
25.2 hours per month - three (3) through five (5) years of service
28.0 hours per month - six (6) through ten (I0) years of service
30.8 hours per month - more than ten (I0) years of service
o0
(c) Communications Personnel: (Bnsoxt on 42 hour week)
18.8 hours per month - first two (2) years of service
18.9 hours per month - three (3) through five {5) years of service
21.0 hours per month - six (6) through ten (10) years of ~ervice
23.1 hours per month - more than ten (10) years of service
Annual leave is charged on an hour for hour basis; i.e., normal workday
of eight hours would be charged at eight hour annual leave, 12 hour
workday - 12 hours annual leave, 10 hour workday - 10 hours annual
leave, 24 hour workday - 24 hours annual leave.
Leave continues to accrue during the period of time an employee is on
paid leave except during periods of terminal leave. Leave docs not
accrue during periods of leave without pay.
Accrued and unused leave may be carried over from one year to the next
fox' the purpose of accumulating an annual leave accoun¢ or ream'ye.
However, on December 31 of any year, an employee may not have more leave
to his/bm' credit than the total of 80 hours time~. the number of years of
City service to the nearest quarter, 112 hours for Fire, 84 hours for
Communications. The maximum leave bow's that may be accrued is 640
houra for regular classified and exempt, 896 hours for Fire and 768
hours for Communications.
Annual leave may bo used for any purpose dezlred 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.
It ts expected that each employee shall plan at a minimum eighty ($0)
hours of annual leave per year for General Government employees, 112
for Fire, 84 fo~ Communications, and effect appropriate coordination with
the Department head.
Excess leave above the amount authorized for accrual (Paragraph C~4)
above) existing on December 31 shall automatically be paid at the then
existing rate for the individual employee.
Department heads shall echedulo vacations fox, 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.
In the event of a significant illness or injury not covered by Workman's
Compensation, an individual permanent employee on exhausting annual
leave may borrow up to six-month entitlement (i.e., 6 x 16 hours)
to avoid a no-pay status.
Terminal Leave:
Upon separation during initial probation (first six (6) months for Police),
accrued annual leave shall not be I~/'anted nor paid to the employee. In
other sepat'ations, accrued leave shall be paid in a lump sum. The
salal~ 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 of
application for cash payment, or when resiffnation/sepavatton is si~T~ed
by the employee.
Leave
of Absence Without Pay:
Leave without pay may be granted to an employee upon recommenda'tion
of the department head and approval of the City Manager for up to 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 absented without pay is not authorized or permitted for othee employ-
merit. Leave without pay shall not be requested nor ffranted until such
time as all accrued annual leave has been exhausted, except when an
employee is absent and drawinff Workman's Compensation Pay.
If en employee uses more than 30 days total leave without pay during
his leave year, his merit anniversar~ and length of service dates shall
be advarmed by the number of days such leave without pay exceeds
thirty (30) days.
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 r~tts* be prepaid
via the City to insure eont/~ted coverage.
Leave of Absence with Pay:
Employees may request leave of absene~ with p~y for:
Witness or Jury Duty: When a City employee is called for Jury
duty or is subpoenaed as a witness, he shall not suffer any loss
of his regular City eompeneation during such absence; however,
he shall be required to t~'ansfer any compensation he receives for
the performance of such duty to the City. Time not worked because
of such duty shall not affect annual leove accrual.
Military Leave: An employee who has successfully completed the
probationary period and who is a member of the l~ational Guard
or a reserve component of the Armed Forces of the United States or
of the United States Public Health 8ervie;~ si~all bo entitled, upon
application, to a leave of abs .e!!..e.e,.from City ~mrvice foe a period not
exceeding fifteen (15) calendar days in any one calendar year.
Such leave shall be granted without loss of time, pay (difference
between regular and miltary 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 is entitled. Military
leave with pay shall be granted only when an employee receives bona
fide orders is temporary active or training duty, and shall not be
paid if the employee does not return to his position immediately
following the expiration of the period for which he was ordered to
duty.
Conferences and Conventions: Decisions concerning attendance at
conferences, conventions, or other meetings ~t City expens,? shall be
made by the department heads with the approval of the City Manager.
Permission shall be granted on the basis of an employeats pat'ticipation
in or the dh'eat relation of his work to the subject matter of the meeting.
Members of professional societies may be permitted to attend meetings
of theh, society when such attendance is considered to be in the best
interest of tho City.
Educational Opportunities:
The City shall reimburse an omp!oyee for I/2 the amount of tuition
for courses directly related to the employea's work and conducted
outside the omployeets regula~ working hours, provided that:
(a) Funds for such expenditures are available in the cra'rent budget,
(b)
The employee has made application for approval of the course
and tuition reimbursement to his department head at least ten
(lO) days prior to the registration for such course,
He
Le
(e) The employee aubmitf~ evidence of sattsfaeto~Y completion of
the course,
(d) The employee i~ not receiving reimbu~'sem~mt for tuition from
any other source.
Courses which are only offered during ~ef~lar wox.'king hours
may be approved by the department head provided time off ea~ be
a~ranged conveniently and reasonable arrangements can be made
to make up time off.
e
The City shall allow time off with pay and shall reimburse an employee
foe the expenses of attending classes, lectures, confeeenees or
conventions when attendance is on an assignment basis with prior
approval of thc employee*s department head.
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,
said textbooks and publications shall become the pt, operty of the City.
Retirement:
All full-time employment employees are required to p~wUcipate in the
8tats Public Employees Retirement System. See PRRS Handbook for details.
Retirement Ago:
Aa authorized and rquired by Public Employees Retirement System.
Social Security:
The City shall match the employee's contribution in the 8ocial Security Plan.
Industrial Accidents:
All employees shall be covered under the State of Alaska Workmen's
Compensation progeam for industrial aceidents and disease. Benefits
include medical treatment and ears as well as disability compensation
during the periods of time lost from the Job.
Medical and Hospital Insurance:
As provided by Group Policy G & G A836288A (Travelers Insurance
Company), at no cost to the employee. Life, major medical, hospitalization, dental
and vision insurance are included as part of C, roup Insurance.
Msterni~ Leave:
Immediately preceding and following childbirth, an employee is entitled
to take a total of nine (9) weeks leave. This leave will be charged first
to annual leave alid if this is insufficient to leave without pay for the bal-
ance of the period of nine (9) weeks.
Upon application and under extenuating circumstances, additional leave
may be granted by the appointing authority. A physician's certificate shall
be required to support the additional leave request. Where a maternity leave
of absence is taken in accordance with this section, the employee shall
accumulate service credit during such paid leave of absence.
ARTICLE IX. Performance Evaluation
A. Purpose:
The primary pm'pose of the employee performance evaluation program is to
inform employees hmv well they are performing and to offer constructive
criticism on how they can improve their wort: performance. Performance
evaluation shall also be considered in deeimons affecting ealary advancement,
promotions, demotions, dismissals, order of layoff, order of re-employment,
piaeement, and training needs.
Periods of Evaluation:
Each employee in the classified 8etwtee shall have his perfor~nanee evaluated
at the following periods:
I. End of Probationary Period
Each employee shall be evaluated thirty. (30) days prior to the completion
of his probationary period. The employee must have an overall evaluation
of at least "satisfactory,, in order to become permanent.
2. Annual
Each employee e.~_l! veeotve an annual pc~formanee evaluation thirty (30)
days prior to his anniversary date.
3. Time of Separation
Each employee shall be evaluated at the time of separation and such reeord
shall become part of his permanent personnel file.
Performance Evaluators:
I. 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 supervision.
2. Reviewing Oificer
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
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.
D. Review of Perfomance Reports:
The Rating Officer shall discuss the performance evaluation report with
the employee before the report is made part of the employee's permanent
record. If the Rating Officer plans to recommend the denial of an in-pyrade
salary 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.
1/. Unsatts~aotorl/ Evaluation:
Employees who receive an overall rating of "unsatisfactory" on their annual
evaluation shall not be eligible to receive an in-grade salary increment.
Employees who receive two consecutive overall ratings of "unsatisfactory"
sh,,lt be subject to dismissal.
Performance Eval ,uation Appeal P~ocedure:
Employees' performance evaluation reports shall not be subject to the standaud
grievance procedure. Employees shall have the right to appeal their evaluation
in accordance with the following procedure:
Step I - If, after a review of his performance evaluation report with the
Rating Officer, the employee feels that the report is unfair, he may
request a meeting with the Reviewing Officer by checking the appropriate
section on the report. The Rating Officer will then immediately forward
{he 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 (5) working days after the date of their meeting.
Step 2 - In the event that the employee is dissatisfied with the decision of
the Reviewing Officer, he may within five (5) working days of receipt
of the decision appeal his 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.
ARTICLE X. Classification Plan (Reserved)
ARTICLE XI. Pay Plan (Reserved)
Deftnitiona
ARTICLE XII.
As used in this ordinance the following terms shall have the meanings
indicated:
(a) Depax'tment: A major functional unit of the City gove~-nment
established by the City Council.
th) Department Head: A person directly responsible to the City
Manal~er for the administration of a department. Wherever under the
provisions of this chapter, approval of a deparhnent head is required,
if the person requesting approval is a department head, the approval
shall be obtained from the City Manager.
(c) Full-time Employee: An employee who works the norma~ art, aunt
of working hours for the class assigned.
(d) General Government Employee: A City employee other than a
Publie Safety employee.
(e) Grievance: An employee's oral or written expression of dis-
satisfaction with some aspect of his employment, a management decision
affecting him, or an alleged violation of his ~ights for the purpose
of attempting to gain an adjustment of said cause of dissatisfaction.
(f) Permanent Pm, t-time Employee: An employee who is employed
regulavl:,- for less than the normal number of working hours, but who
normally follsws a pre-determined, fixed patter~ of working hours.
(g) Permanent Employee: An employee who has been retained in his
appointed position after the completion of his probationary period.
(h) Probationary Emp1o~ee: An employee who has not yet completed his
probationary period.
(i) Probationary Period: A working test period during which an employee
is required to demonstrate his fitness for the duties to which he is appointed
hy actual performance of the duties of the position.
(j) Public Safety Employee: An person employed in the Police, Fire
or Communications departments.
(k) Sul~ervtsor: Any person who is responsible to a higher divisional
or departmental level of authority and who directs the work of others.
(1) Tempora~r Employee: An employee who has been appointed for
a limited period not to exceed six (6) months.
If any part, paragraph, section, provision or phrase of these regulations
shall be found unconstitutional, illegal or otherwise unenforceable, it is the
intent hereof that no other part of these regulations shall be affected thereby.
Resolutions 65-26, 68-32, 68-33, 70-18, 70-23, 75-33, and 75-51 are hereby
rescinded.
The effective date of this ordinance shall be July I, 1977.
PASSED BY TIlE COUNCIL OF THE CITY..0~. KENAI, ALASKA, this
May, 1977.
ATTEST:
Su.~'C. Peter, City Clerk
/~gS A. ELSON, MAYOR
FIRST READING: April 20, 1977
SECOND READING: _?_~y_ 4, 1977
EFFECTIVE DATE: Ju.l¥ l, I977
day of