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HomeMy WebLinkAboutOrdinance No. 3267-2022 SubstituteKENAI Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3267-2022 (SUBSTITUTE) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING COVID LEAVE FOR CITY EMPLOYEES THAT TEST POSITIVE FOR COVID-19, AND AUTHORIZING THE USE OF FUNDS FROM A GRANT FROM THE STATE OF ALASKA - DEPARTMENT OF HEALTH AND SOCIAL SERVICES — DIVISION OF PUBLIC HEALTH — COVID-19 EMERGENCY OPERATIONS CENTER TO FUND THE LEAVE AND COVID-19 TESTING. WHEREAS, the City of Kenai was awarded a grant for $326,985.32, enacted through Ordinance 3208-2021, to support COVID-19 related activities related to recovery and prevention strategies; and, WHEREAS, recent expansion of this grant allows funding to be used for leave time of employees who contract COVID-19 and are required by City policy and CDC recommendations to be away from work due to illness; and, WHEREAS, this additional leave, to be used for employees who test positive for COVID-19, may be used by employees in lieu of their personal leave; and, WHEREAS, as the result of new variants to the virus, the State of Alaska and the United States continues to see high levels of COVID transmission among all populations; and, WHEREAS, it is in the best interest of the City to keep and promote a healthy working environment for all employees ensuring its capacity to provide essential services to the community; and, WHEREAS, addition of this leave will encourage employees to test for and stay home if they test positive for COVID-19, thereby protecting other City employees and the community from further spread; and, WHEREAS, due to the recent near exponential growth of the omicron variant and the increasing number of employees impacted by the virus, temporary COVID-19 employee leave will be provided retroactively to January 20, 2022; and, WHEREAS, authorizing the expansion on the use of grant funds for COVID-19 employee leave, is in the best interest of the City; and, WHEREAS, placing reasonable expenditure limits on these funds, ensures efficient use of grant funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Ordinance No. 3267-2022 Page 2 of 2 Section 1. That notwithstanding the provisions of Kenai Municipal Code 23.40.030 — Annual Leave, the City Manager is authorized to use funding approved through Ordinance 3208-2021, not to exceed $110,000, to provide leave for use by employees testing positive for COVID-19 beginning January 20, 2022 to support the safety of employees and the public, to execute all needed grant agreements, and expend the funds in accordance with grant provisions, and this ordinance. The leave provisions authorized by this ordinance may be repealed at any time by Council resolution and without further legislative action will sunset on June 30, 2022. Section 2. That the City Manager is authorized to use funding approved through Ordinance 3208-2021, not to exceed $50,000, to provide COVID-19 testing for City employees and immediate family members only unless needed for emergency overflow if local testing facilities are overwhelmed. Section 3. 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. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of February, 2022. ATTEST: Mic elle a er, C, City Clerk X 74,4-r BRIAN GABRIEL SR., MAYOR Introduced: January 19, 2022 Enacted: February 2, 2022 Effective: February 2, 2022 New Text Underlined; [DELETED TEXT BRACKETED] I OV KENAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Paul Ostrander, City Manager DATE: January 25, 2022 SUBJECT: Substitute Ordinance 3267-2022 — Authorizing COVID Leave This substitute ordinance makes several amendments to the original ordinance. Because of the significant increase in COVID cases in our community and within our organization due to the Omicron variant, it became apparent prior to introduction of this ordinance that the availability of COVID leave immediately after introduction was necessary to keep our employees healthy and to continue to provide essential services. This substitute amends the original ordinance to make COVID leave available retroactively, beginning on January 20, 2022. Additionally, Council Member Winger suggested that the amount of grant funds that would be expended on COVID leave be capped at $110,000, and that the costs associated with testing also be authorized to be paid for out of these grant funds and capped at $50,000. These changes are incorporated into this substitute and are appropriate amendments that both expand our ability to effectively use these grant funds and also put reasonable restrictions on the amount of grant funds that can be utilized. This Ordinance is needed to protect public health, safety and welfare. Your consideration is appreciated. c�