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Home My WebLink AboutOrdinance No. 2696-2013Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2696 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 23.25.060, OVERTIME, AND 23.30.050, BUSINESS HOURS AND HOURS OF WORK, TO ACCOMMODATE A NEW WORK SCHEDULE FOR EMPLOYEES PERFORMING FIRE PROTECTION ACTIVITIES AND MINIMIZING THE FINANCIAL IMPACT OF THE CHANGE TO THE CITY BY REDUCING THE OVERTIME RATE FOR FIRE PROTECTION EMPLOYEES. WHEREAS, fire department personnel have requested a change in their work schedule from working seventy-two (72) hours in a nine (9) day cycle (twenty-four (24) on, twenty-four (24) off, for six (6) days then seventy -two (72) ofd to working forty-eight (48) hours in a six (6) day cycle (forty-eight (48) on, ninety -six (96) ofl); and, WHEREAS, KMC 23.30.050 currently defines the middle day off as a "Sunday" for fire protection personnel; and, WHEREAS, the proposed work schedule will result in sixty five percent (65 %) more "Sunday" hours, which under the current version of KMC 23.25.060 implicate an overtime rate of two (2) times the employees regular rate of pay; and, WHEREAS, the Administration and over 93% of current fire department personnel support amending the overtime rate in KMC 23.50.060 for fire protection employees for "Sundays" from two (2) times the regular rate of pay to one and one half (1 1/2) the regular rate of pay to offset the increased cost to the City of accommodating the proposed work schedule; and, WHEREAS, this proposed work schedule is an allowable schedule for those employees performing fire protection activities under the federal Fair Labor Standards Act; and, WHEREAS, KMC 23.30.050(b)(2) only allows for the current schedule and must be amended to accommodate the employee requested schedule; and, WHEREAS, KMC 23.20.050(b)(2) should be amended to allow for flexibility of schedules that best meets the City's needs now and in the future; and, WHEREAS, a reduction in fire department overtime is anticipated with the adoption of this new work schedule along with the reduction in the overtime rate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2696 -2013 Page 2 of 5 Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.35.060 of the Kenai Municipal Code: That the Kenai Municipal Code, Section 23.25.060, Overtime, is hereby amended as follows: 23.25.060 Overtime. (a) Department Heads and supervisors shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. (b) When employees are required to work overtime, Department Heads shall authorize compensatory time off or overtime pay. Determination to grant overtime pay or compensatory time off shall rest with the Department Head, City Manager, or acting Department Heads, who shall give due consideration to desires of the employee, to budgetary controls, and to the provisions of subsection (c) of this section. The City shall compensate employees for overtime work based upon the employee's regular rate of pay as follows: (1) General government employees (excluding sewer treatment plant and temporary employees): Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 2 Holiday 2 1/2 (2) Temporary Employees: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 Holiday 1 1/2 (3) General government and temporary employees must be in a paid status for forty (40) hours in the work week before overtime compensation will be paid. (4) [PUBLIC SAFETY] Police, Communications, and Sewer Treatment Plant Employees: Regular Pay Times Regular Work Day 1 1/2 Saturday [see KMC 23.30.050 (b) and (c)] 1 1/2 Sunday [see KMC 23.30.050 (b) and (c)] 2 Holiday [see KMC 23.40.020 (c) for treatment] New Text Underlined; [DELETED TEXT BRACKETED[ Ordinance No. 2696 -2013 Page 3 of 5 (5) Employees Engaged in Fire Protection Activities: Regular Pav Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 Holiday - ([5]6) [PUBLIC SAFETY] Police, communications, employees engaged in fire protection activities, and sewer treatment plant employees must be in a paid status for their normal work week, as follows, before overtime compensation will be paid: Police 40 hours [FIRE] Employees Engaged in Fire Protection Activities 156 HOURS] As required by the Fair Labor Standards Act Communications 40 hours Sewer Treatment Plant 40 hours However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's salary is compensation for the normal shifts specified in this Title. (c) Compensatory time accumulation shall not exceed the total number of hours equal to one regular shift of the employee. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. As a result, individuals in these positions shall not be paid overtime or allowed to accrue compensatory time. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end of the month to allow for processing of pay checks by the last pay day of the month. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. Section 3. Amendment of Section 23.30.050 of the Kenai Municipal Code: That the Kenai Municipal Code, Section 23.30.050, business hours and hours of work, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2696 -2013 Page 4 of 5 23.30.050 Business hours and hours of work. (a) The hours during which City offices and departments shall normally be open for business shall be 8:00 a.m. to 5:00 p.m. Public Works departments, 8:00 a.m. to 4:30 p.m., except Saturdays and Sundays, holidays, and further excepting Police and Fire which shall be open for business twenty-four (24) hours a day. The Library, Recreation Center, Senior Center, and Animal Control operations shall be open for business as authorized by the City Manager. (b) Public Safety employees, not including administrators, normal work week is: (1) Police and Communications, four (4) shifts of ten (10) hours per week, two thousand eighty (2,080) hours annually. When working this shift, first and third days off shall be treated as Saturdays and the middle day off (the second day) shall be treated as a Sunday for purposes of paying overtime; (2) [FIRE -24 HOURS ON, TWENTY -FOUR (24) HOURS OFF, FOR SIX (6) DAY CYCLE, THEN THREE (3) DAYS OFF - EQUIVALENT OF FIFTY -SIX (56) HOURS PER WEEK, TWO THOUSAND NINE HUNDRED TWELVE (2,912) HOURS ANNUALLY.] Employees performing fire protection activities as defined by the Fair Labor Standards Act (FLSA) may work any FLSA approved "7(k) Work Period" approved by the City Manager. [WHEN WORKING THIS SHIFT, FIRST AND THIRD DAYS OF THE THREE (3) DAY -OFF PERIOD SHALL BE TREATED AS SATURDAYS, AND THE MIDDLE DAY OFF SHALL BE TREATED AS SUNDAY FOR PURPOSES OF PAYING OVERTIME.] (c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that allows at least one (1) employee to be at the plant on a given day. When scheduled days off are two (2) consecutive calendar days, the first day off shall be treated as a Saturday and the second day off shall be treated as a Sunday for purposes of paying overtime. (d) All other employees' normal work week is forty (40) hours, two thousand eighty (2,080) hours annually. Standard work day is midnight to midnight succeeding. Standard work week is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted on timely notice. (e) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. These individuals are expected, however, to substantially conform to the normal work week as described in subparagraph (d) above. 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2696 -2013 Page 5 of 5 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 S. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. rz— PAT PORTER, MAYOR ATTEST: S44a Modiel, City Clerk Approved by Finance: `/ G� // ✓' -- Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Teat Underlined; [DELETED TEXT BRACKETED] M "V'liaye with a Past, C# with a Futurell 210 Fidalgo Avenue, Kenai, Alaska 99611 7794 d II Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 it 1991 MEMO* n TO: City Manager Koch VV FROM: Chief Tilly W DATE: April 25, 2013 SUBJECT: Ordinance No. 2696 -2013 This memo is written in support of Ordinance No. 2696 -2013. The altering of work schedules for the Fire Department was suggested to the Administration of the Fire Department by its members. Appropriate researches into the schedule change and the effects on the operation of the department have been considered. The alteration to the City Code that addresses double time days has been explained to the Fire Department employees and they have overwhelmingly agreed to the change so as to accommodate the implementation of this new schedule. It is agreed that the proposed changes in the City Code will allow for flexibility in the future for any subtle modification that may be needed to meet the demands of the City and will remain compliant with the FLSA standard. INTEROFFICE MEMORANDUM KENAI FIRE DEPARTMENT Date: 3/13/2013 To: All Personnel Cc: Chief Tilly From: BC Prior Subject 48/96 support Over the last few months we have been in discussions with City Administration, Line Personnel, and the City Attorney to change our municipal code to reflect a change from our current work schedule, to a 48/96 schedule. In an effort to possibly reduce overtime due to leave, and shift coverage, we have proposed the schedule above. However; one of the problems identified, was the fact that with the way the current Municipal Code is written, we would have an increase (50 %) in double time days. One of the recommendations to Line Personnel and City Administration was to eliminate the verbiage as it is written in Municipal Code towards double (2) time, for fire protection employees working on shift. This change would eliminate double (2) time and only have time and one half (1 '/2) as it relates to overtime. Both KMC 23.30.050 and 23.25.060 will be changed to reflect hours of work and Overtime hours. In our discussions with shifts about the possible elimination of double (2) time in order to make the 48/96 schedule work, you have supported that recommendation. In our last discussions with the City Manager and Finance Director, all personnel were given a draft Ordinance reflecting the changes noted above. By signing below you are verifying your support for the elimination of double (2) time as it relates to overtime for fire protection employees working a 48/96 schedule. PRINTED NAME SIGNATURE 1, /•!- / the COO' 40� 2. /�a5e ker 3. _/t 6� �D✓ iL� 4.4i��f 45)° kV V 6. �'%Ao 7. PRINTED NAME B. ��>✓F �-N S� 9. 10. �,r- r_ -p- e- .k� 13. 4-7� �h/�MSS f 14. 15. INTEROFFICE MEMO SIGNATURE