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HomeMy WebLinkAboutOrdinance No. 3454-2025Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3454-2025 AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 23.35.032 - ARBITRATION PANEL, TO AMEND THE MEMBER TERMS FROM INDEFINITE TERMS TO THREE-YEAR TERMS. WHEREAS, Kenai Municipal Code 23.35.032 establishes an Arbitration Panel to hear certain employer grievances; and, WHEREAS, the Arbitration Panel meets only on an as -needed basis, often times more than ten years pass between meetings; and, WHEREAS, currently membership terms are indefinite; and, WHEREAS, during the February 5, 2025 regular City Council meeting, the Council discussed the challenges of managing membership on the panel with indefinite terms for the members; and, WHEREAS, amendments to Kenai Municipal Code 23.35.032 establish three-year staggered terms for the twelve -member panel is in the City's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section of Kenai Municipal Code: That Kenai Municipal Code, Section 23.35.032 - Arbitration Panel is hereby amended as follows: 23.35.032 Arbitration Panel (a) There is hereby established an Arbitration Panel consisting of twelve (12) members who shall be chosen by the City Council from nominees made by City employees and by members of the City Council. (b) A member of the Arbitration Panel must be a resident of the City of Kenai and must not hold any other office or position in the government of the City of Kenai. If a member moves their residence outside of City limits or is elected or appointed as an officer or employee of the City. the term of such member will terminate immediatelv. (C) [MEMBERS OF THE PANEL SHALL SERVE FOR INDEFINITE TERMS UNTIL TERMINATION BY THE COUNCIL, RESIGNATION BY THE MEMBER, DEATH, MOVE FROM THE CITY OF KENAI, ELECTION OR APPOINTMENT AS AN OFFICER OR EMPLOYEE OF THE CITY OF KENAI, OR INCAPACITY OF THE MEMBER.] Terms of appointments will be for three years beginning January 1st and ending December 31st. Effective A ril 4 2025 terms will be staggered terms. terms for four members will be one- ear terms for four members will be two -years: and terms for four members will be for three -years: When an appointment is to fill a vacancy created prior to the end of a term. theap�ointment will be for the remainder of that term. (e) After completion of a full or partial term the City Council may reappoint the member or select a replacement from nominations received from City employees or Council members. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3454-2025 Page 2 of 2 ([D]D By adoption of the ordinance codified in this chapter, the city hereby waives any claim or cause of action it might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board. Any employee in the classified service, by filing an appeal under the provisions of this chapter, likewise waives any claim or cause of action such employee might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board, and if requested such employee will execute and file a formal waiver at time of filing appeal. Section 2. Severabiliiv: 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 3. Effective Date: That pursuant to KMC 1.15.070 ft this ordinance -shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5T" DAY OF MARCH, 2025. ATTEST: M. S� ne , MC, City Clerk Brian Gabriel Sr., Mayor Introduced: February 19, 2025 Enacted: March 5, 2025 Effective: April 4, 2025 New Text Underlined; [DELETED TEXT BRACKETED] r- - K NA 7 City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and City Council Members FROM: Shellie Saner, City Clerk DATE: February 6, 2025 SUBJECT: Ordinance No. 3454-2025 - Amending Kenai Municipal Code 23.35.032 - Arbitration Panel to Amend the Member Terms from Indefinite Terms to Three -Year Terms. Current Terms for the Arbitration Panel Terms for the Arbitration Panel are established in KMC 23.35.032(c) and are as follows: Members of the panel shall serve for indefinite terms until termination by the Council, resignation by the member, death, move from the City of Kenai, election or appointment as an officer or employee of the City of Kenai, or incapacity of the member. The Arbitration Panel meets only on an as -needed basis, and often more than ten years pass between meetings. The last appointment to the panel was in 2013. Serving on a group that meets infrequently and has indefinite terms creates challenges. Of the twelve members serving since 2013, three indicated they are willing to continue serving, four have indicated they are only interested in serving for one more year, three have moved out of the City, and two are deceased. There are currently five vacancies on the panel. Amending the terms to staggered three-year terms is recommended to effectively manage the membership of the Arbitration Panel and is consistent with how membership terms are managed for City Standing Commissions. During the February 5, 2025 City Council meeting, City Council provided general direction to the City Clerk to bring forward legislation amending the terms of the Arbitration Panel Members, establishing three-year staggered terms. This would include assigning initial terms as follows: • Four members to three-year terms • Four members to two-year terms • Four members to one-year terms The proposed change would allow for annual recruitment for the Arbitration Panel alongside other Commission recruitment. It would also ensure that sitting members remain interested in serving and remind members of the need to resign if they relocate outside the City.