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HomeMy WebLinkAboutOrdinance No. 3210-2021_____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3210-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE SECTIONS 23.25.020 - PAY PLAN AND ADOPTION, 23.55.020 – COMPENSATION STRUCTURE BY GRADE FOR EMPLOYEES IN THE CLASSIFIED SERVICE, 23.55.050 – HOURLY RATES, REMOVING THE APPENDED SALARY SCHEDULE FROM THE CITY’S CODE OF ORDINANCES TO ALLOW FOR ADOPTION OF THE SALARY SCHEDULE THROUGH THE ORDINANCE ADOPTING A BUDGET FOR THE FOLLOWING FISCAL YEAR OR BY RESOLUTION. WHEREAS, the City of Kenai fiscal year budget includes the annual Salary Schedule, which reflects cost of living allowance increases or personnel amendments approved by City Council and is adopted annually with the budget for the following fiscal year; and, WHEREAS, the current fiscal year Salary Schedule for classified employees and department head service employees is appended to Kenai Municipal Code Chapter 23.55; and, WHEREAS, the City Manager is responsible for administration of the Personnel Code and preparing recommended revisions and amendments as necessary; and, WHEREAS, concurrent adoption of the Salary Schedule with the budget is necessary to assure that the City Council can consider the financial implications of any changes to the Salary Schedule on the annual budget; and, WHEREAS, by requiring the current fiscal year Salary Schedule to be appended to Code, which requires 30 days to become effective, the City is prevented from adopting the budget for the following fiscal year after June 1st as allowed by Kenai Municipal Code 7.25.010 (g), which allows the budget to be adopted following a public hearing up to the tenth day of June; and, WHEREAS, amending the process for adopting the Salary Schedule to allow adoption by the budget ordinance or by resolution ensures public notification and an opportunity to be heard concerning the salary ranges and steps for City employees prior to its effective date as well as allow for greater flexibility in adopting the budget for the following fiscal year; and, WHEREAS, amending Kenai Municipal Code to remove the appended Salary Schedule table allows concurrent adopting of the salary schedule and the budget for the following fiscal year up to the tenth day of June and is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.020 – Pay plan and adoption, is hereby amended as follows: AMENDED BY SUBSTITUTION Ordinance No. 3210-2021 Page 2 of 3 _____________________________________________________________________________________ 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 (1) of the pay ranges provided in the pay plan. A salary schedule [FOR THE DEPARTMENT HEAD SERVICE SHALL BE PART OF THE PAY PLAN. THE COUNCIL SHALL ADOPT A PLAN AND RULES BY ORDINANCE SALARY SCHEDULE] shall be effective upon enactment by City Council of the ordinance adopting a budget for the following fiscal year or by resolution. Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.020 – Compensation structure by grade for employees in the classified service, is hereby amended as follows: (a)Compensation structure by grade for employees in the classified service is hereby established in accordance with the [TABLE THAT IS APPENDED TO THIS TITLE AND WHICH MAY BE AMENDED, MODIFIED, OR REPLACED BY ORDINANCE, IN WHICH CASE A COPY OF THE AMENDED, MODIFIED, OR REPLACEMENT TABLE SHALL BE SUBSTITUTED FOR THE PRIOR TABLE AND PLACED IN THE CODE AT THE END OF THIS TITLE] most recent Salary Schedule effective upon enactment by City Council of the ordinance adopting a budget for the following fiscal year or by resolution. Section 3. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.050 – Hourly rates is hereby amended as follows: (a)Hourly rates for employees in the classified service not exempted from minimum wage and overtime provisions of the Fair Labor Standards Act (with various experience, skills, and responsibilities) are hereby established in accordance with the [TABLE THAT IS APPENDED TO THIS TITLE AND WHICH MAY BE AMENDED, MODIFIED, OR REPLACED BY ORDINANCE, IN WHICH CASE A COPY OF THE AMENDED, MODIFIED, OR REPLACEMENT TABLE SHALL BE SUBSTITUTED FOR THE PRIOR TABLE AND PLACED IN THE CODE AT THE END OF THIS TITLE] most recent Salary Schedule effective upon enactment by City Council of the ordinance adopting a budget for the following fiscal year or by resolution. Section 4. 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 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect July 1, 2021. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of May, 2021. BRIAN GABRIEL SR., MAYOR Ordinance No. 3210-2021 Page 2 of 3 _____________________________________________________________________________________ ATTEST: ___________________________________ Jamie Heinz, MMC, City Clerk Approved by Finance: _________________ Introduced: April 21, 2021 Enacted: May 5, 2021 Effective: July 1, 2021 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: April 15, 2021 SUBJECT: Ordinance No. 3210-2021 – Salary Schedules Ordinance 3210-2021 addresses a long-standing concern regarding the City’s employee salary schedule. The Kenai Municipal Code requires that the salary schedule be adopted and appended to the pay plan, and under this process, the ordinance does not go into effect until one month after passage. It is also a requirement of Code that the City Council adopt a budget for the following fiscal year no later than June 10. Because the salary schedule is an integral component of the budget and should be considered concurrently with the budget, but is not effective until 30 days after adoption, the City is forced to adopt the budget a meeting earlier than Code allows. This Ordinance would amend the process for adopting the Salary Schedule to allow adoption by the budget Ordinance or resolution, which would ensure public notification and an opportunity to be heard concerning the salary ranges and steps for City employees prior to its effective date as well as allow for greater flexibility in adopting the budget for the following fiscal year. Your consideration is appreciated.