HomeMy WebLinkAboutOrdinance No. 2697-2013Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2697 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 23.25.070, ACTING POSITIONS, TO PROVIDE
FOR CONSISTENT APPLICATION TO EMPLOYEES WITH DIFFERENT WORK
SCHEDULES.
WHEREAS, acting pay is currently available to employees temporarily assigned to and
performing duties of a position with a higher pay range for a period of five consecutive
days or more; and,
WHEREAS, current fulltime City employees' work schedules include five (5) eight (8)
hour work days per week, four (4) ten (10) hour work days per week, and employees in
fire protection activities work seventy -two (72) hours in a nine (9) day cycle; and,
WHEREAS, KMC 23.25.070 currently benefits employees working five eight hour shifts
more than employees working other shift schedules; and,
WHEREAS, in order to treat all positions as equitably as possible for temporary
assignment to a position with higher pay, the duration of the assignment to qualify for
acting pay should be measured in work hours as opposed to number of consecutive
days; and,
WHEREAS, measuring work periods in hours as opposed to days is consistent with
other City practices and the Federal Fair Labor Standards Act, and,
WHEREAS, for payment purposes the City equates employees in fire protection
activities working fifty-six (56) hours to other employees working forty (40) hours; and,
WHEREAS, equal application of KMC 23.25.070 is in the best interest of the City and
its employees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 23.25.070 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 23.25.070, Acting positions, is hereby amended as
follows:
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2697 -2013
Page 2 of 2
23.25.070 Acting positions.
Compensation During Temporary Assignment. An employee who is temporarily
assigned to and performs duties of a position with a higher pay range for a period of
[FIVE (5) CONSECUTIVE DAYS OR MORE] forty (40) or more consecutive regular work
consecutive regular work hours for employees performing fire protection activities
shall be paid at the first step of the higher pay range, or, the employee shall be
granted a one (1) step pay increase, whichever is higher, for the period worked in the
temporary assignment. An employee who is temporarily assigned to a position with a
lower pay range, for any period, shall not receive a reduction in pay. No such
temporary assignment shall exceed six (6) months. Such acting appointments shall be
in writing and the employee must perform the duties of the position.
Section 3. Severability: 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: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect July 1, 2013.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May,
2013.
PAT PORTER, MAYOR
A ,ST: '
/6
Sarkd y Modigg, City Clerk
Approved by Finance:
Introduced: May 1, 2013
Adopted: May 15, 2013
Effective: July 1, 2013
New Text Underlined; [DELETED TEXT BRACKETED]
To:
4.1. From:
Rick Koch, City Manager
"Village with a Past, C# with a Future"
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 2211 FAX: 907 - 283 -3014
Terry Eubank, Finance Director
Date: April 25, 2013
Re: Ordinance 2697 -2013
The purpose of this memo is to provide support for adoption of Ordinance 2697 -2013.
Ordinance 2697 -2013 will effect changes to KMC 23.25.070 providing for consistent application
to employees no matter their work shift. Currently KMC 23.25.070 requires an employee to
work in the higher capacity for five consecutive days. With City employees working a variety of
shifts, (5) five (8) eight hour days per week, (4) four (10) ten hour days per week, or (72)
seventy -two hours in a (9) nine day period, (5) five consecutive days means something different
for each shift and creates inconsistency in the application of 23.25.070.
Ordinance 2697 -2013 seeks to treat every shift consistently by linking eligibility for Acting
Position status to a number of hours worked, (40) forty hours for all employees not engaged in
fire protection activities and (56) fifty -six hours for those that are engaged in fire protection
activities.