HomeMy WebLinkAboutOrdinance No. 3275-2022X'
KENAI
CITY OF KENAI
ORDINANCE NO. 3275-2022
Sponsored by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE, CHAPTER 23.05 — GENERAL PROVISIONS, TO ADD A NEW CATEGORY
OF TEMPORARY EMPLOYEE TITLED "PROGRAM OR PROJECT EMPLOYEE" AND
CHAPTER 23.40 — BENEFITS, TO ESTABLISH BENEFITS FOR THIS CATEGORY AND MAKE
HOUSEKEEPING CHANGES.
WHEREAS, the City of Kenai participates in the State of Alaska Public Employees' Retirement
System (PERS), which requires eligible employees to participate unless the employee's category
or class of employment has been exempted from the City's PERS Participation Agreement with
the State of Alaska; and,
WHEREAS, the City defines temporary employees as employees hired for a pre -established
period, usually during peak workloads or for vacation relief and for not more than six months; and,
WHEREAS, temporary employees are not considered eligible to participate in PERS and are not
eligible for City benefits under current Code provisions; and,
WHEREAS, in certain circumstances, the City may need to extend the term of employment for a
temporary employee to supplement the workforce based on a skill shortage, increased workload,
or to implement a special project or assignment without adding permanent employees, which, if
later terminated, would be subject to substantial termination costs under the City's PERS
participation plan unless exempted; and,
WHEREAS, amendments to KMC 23.05.070 and 23.40.010 are necessary to allow the City to
hire or extend the term of employment for a temporary employee on a full or part-time basis for
more than six months in situations that warrant it; and,
WHEREAS, adding a new category of temporary employee titled "Program or Project Employee"
and exempting this category of employee from PERS by resolution amending the PERS
Participation Agreement will allow the City the ability to add or extend temporary positions that
would be eligible for City benefits without participating in PERS and incurring termination costs
when the term of temporary employment ends; and,
WHEREAS, amendments to the Kenai Municipal Code to add a new category of temporary
employee titled "Program or Project Employee," establish benefits for this category, and make
housekeeping changes to provide consistency in the City's Municipal Code is in the best interests
of the City of Kenai.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AS FOLLOWS:
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Ordinance No. 3275-2022
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Section 1. Amendment of Section 23.05.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.05.070 — Definitions, is amended as follows:
23.05.070 Definitions.
As used in this title, the following terms [SHALL] have the meanings [INDICATED] set forth in this
section:
"City Attorney" means [A PERSON] an employee appointed by and directly responsible to
the City Council[. HE OR SHE] who is the chief legal advisor to the Council and all other
officers, departments, and agencies of the City government in matters relating to their official
powers and duties.
"City Clerk" means an officer and employee of the City[,] appointed by and directly
responsible to the City Council[,] for an indefinite period of time [AND SHALL] who serves as
clerical officer of the Council.
"City Manager" means [a person] an officer and employee of the City directly responsible to
the City Council who is authorized and directed to exercise the powers and fulfill the duties
as specified in the Charter and Municipal Code of the City of Kenai.
"Classified service" means all paid employees not in the unclassified or department head
service.
"Department" means the smallest functional budgetary unit of the City government
established by the City Council.
Department Head Service. The department head service [SHALL] includes employees who
are directly responsible to the City Manager for the administration of one (1) or more
departments and who have been hired or completed a probationary period after June 1, 2018.
Employees responsible to the City Manager for the administration of one (1) or more
departments who have been hired and completed a probationary period before June 1, 2018,
may enter the department head service by written request to the City Manager.
Full -Time. Employees regularly scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered "full time."
"Grievance" means an employee's oral or written expression of dissatisfaction with some
aspect of [HIS OR HER[ employment, a management decision affecting [HIM OR HER]the
employee, or an alleged violation of [HIS OR HER] the employee's rights for the purpose of
attempting to gain an adjustment of said cause of dissatisfaction.
"Part-time" means employees regularly scheduled to workless than forty (40) hours per week.
Probationary Period. Normally six (6) months, except for Police, Communications and Fire,
which is normally twelve (12) months. This period can be extended up to, but no longer than,
twelve (12) months and eighteen (18) months, respectively.
"Program or project employee" means an employee who is hired for a temporary period that
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Ordinance No. 3275-2022
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regular and continuing function of a department or the City and that has an established
Probable date of termination.
"Promotion" means an advancement of an employee from one (1) job classification to a higher
job classification within the same department.
"Public safety employee" means a person employed in the Police, Fire, or Communications
Department.
"Regular" means employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
"Seasonal" means employees who perform seasonal work for a pre -established period of not
more than six (6) months during a twelve (12) month period. Seasonal employees may be
assigned a full-time or part-time schedule and are eligible for public employee retirement
benefits but are ineligible for other benefits [ANDI, including holiday pay. Seasonal employees
who have completed the probationary period may return to the seasonal position each season
subject to performance evaluations, general conduct and discipline, personnel rules and
policies of the City, layoff, reorganization and other business needs of the City.
"Supervisor" means [ANY PERSON] an employee who is responsible to a higher divisional
or department level of authority and who directs the work of others.
"Temporary employee' means an employee[S] who [AREis hired for a pre -established
period, usually during peak workloads or for vacation relief and for not more than six (6)
months. The[Y] employee may be assigned to work a full-time or part-time schedule[. THEY
ARE] and is ineligible for benefits [AND], including holiday pay.
"Transfer" means the movement of an employee from one (1) department to another
department, regardless of job classification.
Unclassified Service. The unclassified service [SHALL] includes all elected officials, City
Manager, City Attorney, City Clerk, seasonal [AND], temporary employees, and temporary
program or project employees. Members of boards, committees, commissions, volunteers,
contractors, and consultants are not employees.
Section 2. Amendment of Section 23.40.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.010 — General, is amended as follows:
23.40.010 General.
(a) All [NONTEMPORARY,] full-time[, NONTEMPORARY] or part-time [(FIFTEEN (15)
HOURS AND OVER PER WEEK)] employees in the classified [AND] or department head
service [EMPLOYEES] are entitled to the following benefits[, EXCEPT FOR MEDICAL AND
HOSPITAL INSURANCE WHICH SHALL BE AVAILABLE TO NONTEMPORARY
EMPLOYEES WORKING NO LESS THAN TWENTY-FIVE (25) HOURS PER WEEK,] as
specified in this chapter[.], except as follows:
(1) Part-time employees regularly scheduled to work less than fifteen (15) hours per week
are ineligible for benefits, notwithstanding any other provision of this chanter.
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(2) Part-time employees regularly scheduled to work (15) hours or more per week but less
than twenty-five (25) hours per week are eligible for benefits on a proportional basis,
except for medical and hospital insurance, notwithstanding any other provision of this
chapter.
(3) Temporary employees are ineligible for benefits.
(4) Program or project employees or employees in designated categories that are
ineligible to participate in the State Public Employee's Retirement System are eligible
for benefits on a proportional basis, except for participation in the State Public
Employees' Retirement System.
(b) A[N EMPLOYEE HIRED] participant working under the State of Alaska's Mature
Alaskans Seeking Skills Training (MASST) program [SHALL RECEIVE ONLY SOCIAL
SECURITY, MEDICARE (KMC 23.40.130), WORKERS COMPENSATION (KMC 23.40.110)
AND FAMILY LEAVE (KMC 23.40.130) BENEFITS. THE OTHER BENEFITS IN THIS
CHAPTER SHALL NOT APPLY TO PERSONS HIRED UNDER THE MASST PROGRAM.]
is not an employee of the City and is ineligible for benefits. The hourly trainin wage paid a
MASST [EMPLOYEE SHALL BE AS] participant is set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees' Retirement
System.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6T" DAY OF APRIL,
2022.
///Jim Glendening, Vice Mayor
Introduced: March 16, 2022
Enacted: April 6, 2022
Effective: May 6, 2022
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:' K E N A I
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 I wwwwkenaixity
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Christine Cunningham, Human Resource Director
DATE: March 8, 2022
SUBJECT: Ordinance No. 3275-2022 — Amending Kenai Municipal Code to Add a
New Category of Temporary Employee Titled "Program or Project
Employee" and Establish Benefits for this Category and Make
Housekeeping Changes
The Kenai Municipal Code (KMC) amendments requested in this ordinance are intended to create
a new category of Temporary Employee titled "Program or Project Employee" and establish
benefits for this new employee category.
KMC 23.05.070 defines temporary employees as employees hired for a pre -established period,
not to exceed six months. Temporary employees are ineligible for all City benefits, including
retirement, health insurance, leave, and holiday pay. As a participant in the State of Alaska Public
Employees' Retirement System (PERS), if the City wished to extend temporary employment
beyond six months, the City would be required to provide retirement benefits under the PERS
Participation Agreement with the State unless the position is exempted by resolution. KMC
23.40.010 addresses benefits for all non -temporary employees.
This ordinance would amend these two sections of the Code to create a new category of
temporary employee and establish benefits for this category, allowing the City to hire or extend
the term of employment for a temporary employee on a full or part-time basis for more than six
months in situations that warrant it, such as to supplement the workforce based on a skill shortage,
increased workload, or to implement a special project or assignment without adding permanent
employees. If enacted, this Ordinance allows for a new category of temporary employee to be
hired for a period exceeding six months without subjecting the City to the substantial costs of a
termination study (e.g., the requirement for a participating employer to pay for future benefits due
to participating employees whose coverage is terminated in an amount calculated by the State).
The amendment to the benefits section of Code provides benefits for this new employee category
on a proportional basis, except for participation in the State Public Employees' Retirement
System. A separate resolution would be prepared for public hearing at the April 6, 2022 City
Council Meeting to exempt this new category of employee from PERS.
This ordinance also addresses a number of housekeeping changes to provide consistency in the
City's Municipal Code as well as clarify that participants working under the State of Alaska's
Mature Alaskans Seeking Skills Training (MASST) program are not City employees. The MASST
training program is primarily utilized by the Senior Center, and the State of Alaska pays MASST
participants as well as provides workers' compensation benefits through a U.S. Department of
Labor grant.
If the City Council enacts Ordinance No. 3275-2022, the first example of how this new category
of employee might be utilized would be proposed by Administration as part of the annual budget
for the fiscal year 2023 to change the Temporary Grant Writer position from a 20 -hour to a 40 -
hour -per -week position to provide the necessary support to pursue grants for the Bluff
Stabilization Project as well as the funding opportunities that will be available through the Federal
Infrastructure Bill for a preestablished period exceeding six months without creating a permanent
position.
These amendments are anticipated to benefit the City by providing greater flexibility in recruitment
while providing a just and equitable compensation structure to recruit and retain an adequate
supply of competent employees.
Your consideration is appreciated
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