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HomeMy WebLinkAboutOrdinance No. 2761-2014Suggested by: Administration CITY OF KENAI NO. 2761 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, TITLE 23, "PERSONNEL REGULATIONS," CHAPTERS 23.05 GENERAL PROVISIONS, 23.10 CATEGORIES OF SERVICE, 23.15 ADMINISTRATION, 23.25 COMPENSATION, 23.30 PERSONNEL POLICIES AND PROCEDURES, 23.35 GENERAL CONDUCT, DISCIPLINE, TERMINATION, AND APPEAL, AND 23.40 BENEFITS TO UPDATE PERSONNEL REGULATIONS WITH STATE AND FEDERAL LAW, AND MAKE TECHNICAL CHANGES, AND CORRECTIONS. WHEREAS, pursuant to KMC 23.15.010 the personnel program is administered by the City Manager and the City Manager recommends revisions and amendments to the regulations as deemed necessary; and, WHEREAS, in the process of updating the employee handbook, Administration conducted a review of the City's personnel regulations resulting in recommendations for amendments updating the City's Code to mirror State and Federal law terminology and, technical changes, and corrections to the personnel regulations; and, WHEREAS, the City Manager recommends amending KMC 23.05.010 and 23.30.020 (b) to include protected classes; 23.05.070 (a), 23.30.050 (e), and 23.40.030 (e) to amend the definition of "exempt;" 23.35.020 (b) (3) to remove the requirement employees provide medical information, and make other technical changes and corrections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.05.010 Employment - Qualifications of the Kenai Municipal Code: That Kenai Municipal Code Section 23.05.010 Employment - Qualifications, is hereby amended as follows: Employment in City Government shall be based on qualifications, free of personal and political considerations, with equal opportunity for all with no [UNLAWFUL RESTRICTIONS AS TO RACE, COLOR, CREED, RELIGIOUS AFFILIATIONS, AGE OR SEX] discrimination in employment on the basis of race color, religion sex sexual orientation, national origin, age, disability, marital status changes in marital status Pregnancy, parenthood, or genetic information. It is a policy of the City to not discriminate against the qualified disabled in employment. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 2 of 10 Section 3. Amendment of Section 23.05.070 (a) and (r) Definitions of the Kenai Municipal Code: That Kenai Municipal Code Section 23.05.070 (a) and (r) Definitions, is hereby amended as follows: (a) [EXEMPT SERVICE] Unclassified Service: [EXEMPT SERVICE] the unclassified service shall include all elected officials, City Manager, City Attorney, City Clerk, and temporary employees. Members of boards, committees, commissions, volunteers, contractors, and consultants are not employees. (r) Grievance: An employee's oral or written expression of dissatisfaction with some aspect of his or her employment, a management decision affecting him or her, or an alleged violation of his or her rights for the purpose of attempting to gain an adjustment of said cause of dissatisfaction. Section 4. Amendment of Section 23.10.010 General, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.10.010 General, is hereby amended as follows: 23.10.010 General. All offices and positions of the City are divided into classified service and [EXEMPT] unclassified service. All the provisions of this chapter shall apply to positions in the classified service. The provisions of this chapter shall apply to positions in the exempt service as indicated in KMC 23.10.020. Section 5. Amendment of Section 23.10.020 (a) and (b) Exempt service of the Kenai Municipal Code: That Kenai Municipal Code Section 23.10.020 (a) and (b) Exempt service, is hereby amended as follows: 23.10.020 [EXEMPT] Unclassified service. The [EXEMPT] unclassified service shall include the following: (a) Mayor and Council Members. Only the following provisions shall apply: KMC 23.30.110(b) and (d) and 23.40.080 (as applicable), 23.40. 100 and 23.40.110. (b) Members of Boards or Commissions. Only the following provisions shall apply to such officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40. 100 and 23.40.110. Section 6. Amendment of Section 23.10.030 Classified service, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.10.030 Classified service, is hereby amended as follows: 23.10.030 Classified service. The classified service shall include all other positions in the City service. (a) All positions established by the annual budget or compensation guide adopted by resolution of the City Council. Any new position created at the start or during the budget year and either ratified or affirmed by the City Council. (b) The following supervisory and professional positions of the classified service are considered to be exempt from the provisions of the Fair Labor Standards Act due to the nature of the position: Airport Manager New Text Underlined; (DELETED TEXT Ordinance No. 2761 -2014 Page 3 of 10 Finance Director Fire Chief [LIBRARIAN] Library Director Parks and Recreation Director Police Chief Police Lieutenant Public Works Director Public Works Manager Senior Center Director. Section 7. Amendment of Section 23.15.010 Administration by City Manager, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.15.0 10 Administration by City Manager, is hereby amended as follows: 23.15.010 Administration by City Manager. The personnel program established by this ordinance shall be administered by the City Manager. He or she shall administer all provisions of this ordinance and of the personnel rules. He or she shall prepare and recommend revisions and amendments to this ordinance as deemed necessary. The City Manager shall draft such rules as may be necessary to carry out the provisions of this ordinance. Such rules shall be uniform application except as specifically stated. Additionally, each department of the City is encouraged to establish departmental rules, regulations, and procedures subject to the approval of the City Manager. Such rules, regulations, and procedures shall be in harmony with the general rules of the City Manager and provisions of this ordinance, and shall be binding on the employees. Section 8. Amendment of Section 23.25.060 N Overtime, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.25.060 (b) Overtime, is hereby amended as follows: 23.25.060 Overtime. (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. Rates for overtime (in addition to regular compensation based upon compensation schedules) shall be 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 4 of 10 (2) Temporary employees: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 Holiday 1 '/z (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) Police, communications and sewer treatment plant employees: Regular Pay Times Regular Work Day 1 1/2 Saturday 1 1/2 Sunday [HOLIDAY] 2 (5) Employees engaged in fire protection activities: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 [HOLIDAY] (6) 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 Employees engaged in fire protection As required by the activities 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. Section 9. Amendment of Section 23.25.065(d) Shift differential nay, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.25.065(d) Shift differential pay, is hereby amended as follows: 23.25.065 Shift differential pay. (d) Eligible employees shall receive shift [DIFFERERENTIAL] differential pay for each eligible shift worked. New Tent Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 5 of 10 Section 10. Amendment of Section 23.30.0 10 (e) General, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.30.010 (e) General, is hereby amended as follows: 23.30.010 General. (e) Employment of qualified [, HANDICAPPED PERSONS] individuals with a disability shall be encouraged. Section 11. Amendment of Section 23 30 020 (b) Appointment of the Kenai Municipal Code: That Kenai Municipal Code Section 23.30.020 (b) Appointment, is hereby amended as follows: 23.30.020 Appointment. (b) No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, [ANCESTRY,] religion, sex, sexual orientation, national origin, age, disability, marital status, changes marital status, pregnancy, parenthood, genetic information or political [OR RELIGIOUS] affiliation for the purposes of discriminating. Section 12. Amendment of Section 23.30.050(a) and (e) Business hours and hours of work, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.30.050 (a) and (e) Business hours and hours of work, is hereby amended as follows: 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. (e) Supervisory and professional positions of the classified and [EXEMPT] unclassified 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 subsection (d). Section 13. dismissal, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.020 Causes for warning, suspension, or dismissal, is hereby amended as follows: 23.35.020 Causes for warning, suspension, or dismissal. (a) When an employee's conduct falls below desirable standards, he or she may be subject to disciplinary action. (b) General reasons for which an employee may be disciplined include: (1) Drinking intoxicating beverages on the job or arriving on the job under the influence of intoxicating beverages or such drugs. (2) Illegal possession of any controlled substance on the job. New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 6 of 10 (3) Ingestion, either on the job or within eight hours before reporting to work, of any controlled or other dangerous substance, unless prescribed by a licensed medical practitioner. Employees shall notify their immediate supervisor when required to use prescription medicine that they have been informed has the potential to impair job performance. [THE EMPLOYEE SHALL ADVISE THE SUPERVISOR OF THE KNOWN SIDE EFFECTS OF SUCH MEDICATION, AS WELL AS THE PRESCRIBED PERIOD OF USE.] No employee shall ingest any prescribed or over -the- counter medication in amounts beyond the recommended dosage. (4) Violation of a lawful duty. (5) Insubordination. (6) Breach of discipline. (7) Being absent from work without first notifying and securing permission from the employee's supervisors. (8) Being habitually absent or tardy for any reason. (9) Misconduct. (10) Conviction of a felony or a misdemeanor involving moral turpitude. (11) Using religious, political, or fraternal influence. (12) Accepting fees, gifts, or other valuable things in the return for performance of the employee's official duties for the City. (13) Inability to perform the assigned job. (14) Political activity as restricted by the Charter. (Ords. 336, 537, 1347 -89) (15) Failure to follow the City's alcohol and controlled substance abuse and testing policy as set forth in the City of Kenai Employee Handbook. (Ord. 1670 -95) (16) Knowingly or negligently failing to follow federal and state occupational safety and health regulations and City law and policy regarding the same. (Ord. 1670 -95) Section 14. Amendment of Section 23.35.034 Procedures on appeal of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.034 Procedures on appeal, is hereby amended as follows: 23.35.034 Procedures on appeal. (a) Within five (5) working days after the filing of a written appeal with the City Clerk, the City Manager or the designee of the City Manager shall file with the City Clerk an answer in writing to the appeal setting forth any facts which might be in dispute in the appeal, and setting forth the reasons why the actions are believed to be justified and the City Manager or his or her designee shall serve a copy of the answer on the employee in person or by ordinary mail to employee's home address. (b) Promptly after the appeal is filed, the City Clerk shall deliver a copy of the appeal to the City Manager. (c) The members of the Arbitration Panel shall be listed in alphabetical order, and will be called in rotation. Any member passed over because of illness or absence, or disqualified by an appealing employee or the administration, shall be treated as though he or she has served on the Personnel Board and will not be called again until his or her name comes up in the normal rotation. As soon as an appeal is filed with the City Clerk, the City Clerk will make contact and determine the New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 7 of 10 next five (5) members of the panel due and available for service during the following three (3) weeks, and shall notify the appealing employee of the five (5) members due for service. The appealing employee will advise the City Clerk within two (2) working days which member the employee wishes deleted from the list, and the City Clerk will then notify the City Manager or his or her designee of the four remaining members due for service. The City Manager or his or her designee will advise the Clerk within one (1) working day of the name of the member the administration wishes to delete from the list. Thereafter, the Clerk will notify the two (2) members of their disqualification and the other three members as to being chosen for service and will determine a date, time, and place when all three members may assemble for hearing, and will then notify the appealing employee and the City Manager or his or her designee of such date, time, and place of hearing. (d) At the time of hearing, the employee shall present any written evidence, oral testimony, or witnesses that he or she desires, and thereafter the City Manager or his or her designee shall present evidence, oral testimony, or witnesses as he or she deems fit, following which the parties may continue to present rebuttal testimony alternately until neither side has anything further to present. (e) After completion of presentation of testimony, the appealing employee may make any statement he or she desires by way of argument, which may be answered by the City Manager or his or her designee, and the appealing employee shall then have a final closing argument if he or she so desires. (fj If any member of the Personnel Board feels it necessary or desirable, he or she may call additional witnesses or call for presentation of additional testimony, adjourning the hearing to a future time for such presentation if necessary. (g) After presentation of all evidence and arguments, the Personnel Board shall go into executive session to make a determination of the appeal, and the Personnel Board shall make written findings of fact and conclusions as to the justness of the disciplinary action. (h) There shall be no formal restrictions on the kind of or form of evidence presented so long as it is pertinent to the appeal and is not unduly repetitive, but the Personnel Board by majority vote may limit repetitive evidence and may restrict evidence to matters pertinent to the hearing and to evidence which they would find credible. (i) The Personnel Board has power to uphold the disciplinary action, to set aside the disciplinary action completely restoring the appealing employee to his or her former position and to any and all pay which may have been lost because of the disciplinary action, or if the Personnel Board feels it necessary in the interest of justice that some disciplinary action be taken but that the particular disciplinary action was too extreme, it shall determine what the proper disciplinary action should be. (j) The decision of the Personnel Board may be made by a majority of the Board and shall be final and binding on the employee and on the City. (k) Copies of the appeal, the answer to the appeal, and the written decision of the Personnel Board shall become a part of the personnel file of the appealing employee. Section 15. Amendment of Section 23.35.080 (c) Safety, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.080(c) Safety, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 8 of 10 23.35.080 Safety. (c) When accidents occur on City property, the employee shall contact his or her supervisor immediately and the supervisor shall complete an accident form. In case of a motor vehicle accident, the Police Department shall also be notified immediately. Section 16. Amendment of Section 23.35.090(b) Legal liability, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.090(b) Legal liability, is hereby amended as follows: 23.35.090 Legal liability. (b) If an employee is grossly negligent in the performance of duties and responsibilities and if an accident results from such negligent performance of duties and responsibilities or if a court of law finds that the employee willfully exceeded his or her scope of duty and responsibility, the employee may be held personally and legally liable. Section 17. Amendment of Section 23.40.020 Holidays of the Kenai Municipal Code: That Kenai Municipal Code Section 23.40.020 Holidays, is hereby amended as follows: 23.40.020 Holidays. (a) Employees shall be entitled to the holidays listed below with pay. Full-time employees shall receive regular compensation; part -time employees shall be compensated in proportion to the number of hours they are normally scheduled to work. (b) (c) (1) New Year's Day (2) Washington's Birthday (the third Monday in February) (3) Memorial Day (the last Monday in May) (4) Independence Day (5) Labor Day (6) Alaska Day (7) Veteran's Day (8) Thanksgiving Day (9) Day after Thanksgiving (10) Christmas Day (11) A floating holiday subject to individual choice of each employee with five (5) working days notice to, and approval of, his or her immediate supervisor. If any such holiday falls on a Sunday, the following Monday shall be given as a holiday. If such holiday falls on a Saturday, the preceding Friday shall be given as a holiday. Public Safety and Sewer Treatment Plant employees who normally work holidays shall receive a [MONTHLY] payment for authorized holidays at 1 -1/2 times their normal hourly pay as follows: Fire [(56 -HOUR WEEK)] (7(k) Work Period): 11.2 hours pay per holiday. [FIRE, POLICE AND DISPATCH] Police, Communications, and Fire (40 -hour week): 8 (eight) hours pay per holiday. New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 9 of 10 Sewer Treatment Plant Employees (40 -hour week): 8 (eight) hours pay per holiday. Holidays which occur during [VACATION] annual leave shall be charged against such leave. Section 18. Amendment of Section 23.40.030 Annual leave, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.40.030 Annual leave, is hereby amended as follows: 23.40.030 Annual leave. (a) Annual leave is a combined vacation and sick leave. (b) Accrual rate: (1) Full-time classified employees except certain Fire Department employees: 7.3846 hours bi- weekly —first two (2) years of service. 8.3077 hours bi- weekly —three (3) through five (5) years of service. 9.2308 hours bi- weekly —six (6) through ten (10) years of service. 10.1538 hours bi- weekly —more than ten (10) years of service. (2) Fire [(BASED ON A FIFTY -SIX (56) HOUR WEEK)] (7(k) Work Period): 10.3385 hours bi- weekly —first two (2) years of service. 11.6308 hours bi- weekly —three (3) through five (5) years of service. 12.9231 hours bi- weekly —six (6) through ten (10) years of service. 14.2154 hours bi- weekly —more than ten (10) years of service. (c) Annual leave is charged on an hour - for -hour basis; i.e., normal work day of eight (8) hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve (12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four (24) hour work day, twenty-four (24) hours annual leave. (d) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave (leave time after which the employee does not intend to return to work). Leave does not accrue during periods of leave without pay. (e) Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued is six hundred forty (640) hours for classified and [EXEMPT] unclassified employees, and eight hundred ninety -six (896) hours for Fire Department employees working [THE FIFTY -SIX (56) HOUR WEEK.] a 7(k) Work Period. (f) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as unplanned are not controllable. However, planned absences must be coordinated with and approved by the appropriate department head. (g) It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, and one hundred twelve (112) hours for employees working [THE EQUIVALENT OF FIFTY -SIX (56) HOURS PER WEEK,] a 7(k) Work Period, and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference shall be deducted from available leave hours without any compensation to the employee. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2761 -2014 Page 10 of 10 (h) Excess leave above the amount authorized for accrual (subsection (a)(2)([D]e)) existing on December 31st shall automatically be paid at the then existing rate for the individual employee. (i) Department heads shall schedule vacations for their respective employees with due consideration for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. (j) In the event of significant illness or injury not covered by workers' compensation, or absence due to training or education an employee on exhausting annual leave may, with the approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x 7.3846 hours) to avoid a no -pay status. In the event the person's employment with the City ends prior to the borrowed leave being repaid, the employee must reimburse the City for the value of any leave not repaid. The City may deduct the value of any leave not repaid from the employee's final paycheck. (k) Part-time employees working fifteen (15) hours a week or more shall accrue at the same rate as a full -time employee except on a proportional basis as to hours. (1) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall have annual leave charged on an eight (8) hour /whole day basis. If any such employee is present for work during any portion of a day, that employee shall not be charged annual leave for that day. Conversely, if any such employee is absent from her or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays) that employee will be charged eight (8) hours of annual leave for that day. Section 19. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this August day of 20, 2014. ATTEST: SandolAolligh, Cik Clerk PAT PORTER, MAYOR Introduced: June 4, 2014 Adopted: August 20, 2014 Effective: September 19, 2014 New Tent Underlined; [DELETED TEXT BRACKETED] ��Villaye wdh a Past, C# with a Ft"re" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www dkenai.ak.us the city of N�IV MEMO: rV TO: Rick Koch, City Manager FROM: tyvchristine Cunningham, Assistant to City Manager/ Human Resource Specialist DATE: May 15, 2014 SUBJECT: Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 Kenai Mt .C! I I I I I r 2011 The purpose of this memo is to provide additional information in support of the referenced Ordinance. As a result of the recent update to the employee handbook, which required a review of the City's personnel regulations, the following revisions to the personnel regulations are recommended: KMC 23.05.010, Employment — Qualifications, amend to include protected classes as follows: Employment in City Government shall be based on qualifications, free of personal and political considerations, [UNLAWFUL RESTRICTIONS AS TO AFFILIATIONS, AGE OR SEX] discrin with equal opportunity for all with no RACE, COLOR, CREED, RELIGIOUS tat status, pregnancy, parenthood or genetic information. It is a policy of the to not discriminate against the qualified disabled in employment. The Genetic Information Nondiscrimination Act of 2008 (GINA) and the Alaska Human Rights Law, AK ST § 18.80.200 include protections based on genetic information and on marital status, changes in marital status, pregnancy, or parenthood, respectively. 2. KMC 23.05.070 (a) , amend definition of "exempt" as follows: [EXEMPT SERVICE] Unclassified Service: [EXEMPT SERVICE] the unclassified service shall include all elected officials, City Manager, City Attorney, City Clerk, and temporary employees. Members of boards, committees, commissions, volunteers, contractors, and consultants are not employees. Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 May 15, 2014 Page 2 of 4 The term "exempt" is also used in Code to refer to employees who are exempt from the provisions of the Fair Labor Standards Act (FLSA). 3. KMC 23.05.070 (r), amend "his" to gender - neutral "his or her" and "him" to "him or her." 4. KMC 23.10.020 (b), amend as a result of Ordinance No. 2312 -2008: Members of Boards or Commissions. Only the following provisions shall apply to such officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and 23.40.110. Ordinance No. 2312 -2008 amended KMC 14.05.010 by adding a new subsection to compensate Planning and Zoning Commissioners but did not amend KMC 23.10.020 (b) to provide for participation in the Medicare portion of Social Security taxes as required by the Federal government or cover compensated Commissioners under the State of Alaska workers' compensation program. These benefits have been provided to Planning and Zoning Commissioners since Ordinance No. 2312 -2008 became effective. 5. KMC 23.10.030 (b), amend "Librarian" to "Library Director" to match the Class Code in the Classification Plan under KMC 23.50.010. 6. KMC 23.15.010, Administration by City Manager, amend "he" to gender - neutral "he or she." 7. KMC 23.25.060, Overtime, amend to remove word "Holiday" Holiday pay for police, communications, sewer treatment plant employees and employees engaged in fire protection activities is included under KMC 23.40.020 (c) and is currently left blank under KMC 23.25.060 8. KMC 23.25.065 (d), correct spelling error, "differential." 9. KMC 23.30.010(e), amend to replace the term "handicapped" with more generally acceptable terminology as follows: Employment of qualified [, HANDICAPPED PERSONS] individuals with a disability shall be encouraged. The Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, are the primary laws dealing with disability discrimination and utilize the term "disabled." When identifying a person or persons with a disability, the pronoun should come first so it does not modify the person, i.e. "disabled person." 10. KMC 23.30.020 (b), amend to include protected classes as follows: No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, [ANCESTRY,] religion, sex, national origin, age, disability, marital status, Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 May 15, 2014 Page 3 of 4 or political [OR RELIGIOUS] affiliation for the purposes Amended language is consistent with proposed amendment to KMC 23.05.010, above, which includes protected classes covered by GINA and the Alaska Human Rights Law. National origin refers to "the country where a person was born, or, more broadly, the country from which his or her ancestors came" and is similar to "ancestry." 11. KMC 23.30.050 (e), amend "exempt' to "unclassified" in accordance with proposed amendment to KMC 23.05.070 (a), above. 12. KMC 23.35.020 (b) (3), amend to remove "The employee shall advise the supervisor of the known side effects of such medication, as well as the prescribed period of use." The Americans with Disabilities Act protects the privacy of employee medical information that is not job - related and consistent with business necessity with the exception of inquiries for occupations regulated by federal law (e.g. Federal Motor Carrier Safety Act). 13. KMC 23.35.034 (a), (c), (d), (e), and (i) amend instances of "his" to gender - neutral "his or her." 14. KMC 23.35.080 (c), amend "his" to gender - neutral "his or her." 15. KMC 23.35.090 (b), amend "his" to gender - neutral "his or her." 16. KMC 23.40.020 (a) (11), amend "he" to gender - neutral "he or she." 17. KMC 23.40.020 (c), amend to reflect Ordinance No. 2693 -2013, Ordinance No. 2696- 2013, and KMC 23.40.030 (a) as follows: Public Safety and Sewer Treatment Plant employees who normally work holidays shall receive a [MONTHLY] payment for authorized holidays at 1 -1/2 times their normal hourly pay as follows: Employees Engaged in Fire Protection Activities[(56 -HOUR WEEK)]: 11.2 hours pay per holiday. [FIRE, POLICE AND DISPATCH] Police, Communications, and Fire (40- hour week): 8 (eight) hours pay per holiday. Sewer Treatment Plant Employees (40 -hour week): 8 (eight) hours pay per holiday. Holidays which occur during [VACATION] annual leave shall be charged against such leave. Ordinance No. 2693 -2013 amended KMC 23.25.050, 23.25.060, and 23.40.030, 23 to provide for a bi- weekly pay period instead of a monthly pay period. Ordinance No. 2696- 2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule for employees engaged in fire protection activities. Annual leave is defined in KMC 23.40.030 as combined vacation and sick leave. 18. KMC 23.40.030 (b) (2), amend to reflect Ordinance No. 2696 -2013 as follows: Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 May 15, 2014 Page 4 of 4 (2) Fire [(BASED ON A FIFTY -SIX (56) HOUR WEEK)] Department employees engaged in fire protection activities: Ordinance No. 2696 -2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule other than the 56- hour -week schedule for employees engaged in fire protection activities. 19. KMC 23.40.030 (e), amend "exempt' to "unclassified" in accordance with proposed amendment to KMC 23.05.070 (a), above and to reflect Ordinance No. 2696 -2013 as follows: Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued is six hundred forty (640) hours for classified and [EXEMPT] unclassified employees, and eight hundred ninety -six (896) hours for Fire Department employees [WORKING THE FIFTY -SIX (56) HOUR WEEK.] engaged in fire protection activities. Ordinance No. 2696 -2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule other than the 56- hour -week schedule for employees engaged in fire protection activities. 20. KMC 23.40.030 (g), amend to reflect Ordinance No. 2696 -2013 as follows: It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, and one hundred twelve (112) hours for employees [WORKING THE EQUIVALENT OF FIFTY -SIX (56) HOURS PER WEEK,] engaged in fire protection activities and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference shall be deducted from available leave hours without any compensation to the employee. Ordinance No. 2696 -2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule other than the 56- hour -week schedule for employees engaged in fire protection activities. 21. KMC 23.40.030 (h), revise reference to subsection (d) to subsection (e), as follows: Excess leave above the amount authorized for accrual (subsection (a)(2)([D]e above)) existing on December 31st shall automatically be paid at the then existing rate for the individual employee. Ordinance No. 2278 -2008 amended KMC 23.40.030 and re- lettered sub - sections but did not amend the reference in section (h) 22. KMC 23.55.040 (a), amend "Dispatch" to "Communications" These amendments and Ordinance No. 2761 -2014 have been reviewed by the City Attorney. u " "Village with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Scott Bloom, City Attorney DATE: August 12, 2014 SUBJECT: Ordinance No. 2761 -2014, KMC 23.40.020 Holidays I recommend the following amendments to Sections 17 & 18 below, shown in bold to Ordinance 2761 -2014 to distinguish between applicable benefits for fire department employees who are working what is commonly referred to as a "7(k) Work Period "ill from those working a 40 hour/ week schedule. The proposed amended language is also consistent with other references to Fire Department employees in the City's code of ordinances. Section 17. Amendment of Section 23.40.020 Holidays, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.40.020 Holidays, is hereby amended as follows: 23.40.020 Holidays. (a) Employees shall be entitled to the holidays listed below with pay. Full -time employees shall receive regular compensation; part-time employees shall be compensated in proportion to the number of hours they are normally scheduled to work. (1) New Year's Day (2) Washington's Birthday (the third Monday in February) (3) Memorial Day (the last Monday in May) (4) Independence Day (5) Labor Day (6) Alaska Day (7) Veteran's Day (8) Thanksgiving Day (9) Day after Thanksgiving P] Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement may be paid overtime on a "work period" basis. A "work period" may be from 7 consecutive days to 28 consecutive days in length. August 12, 2014 Page 2 of 3 (10) Christmas Day (11) A floating holiday subject to individual choice of each employee with five (5) working days notice to, and approval of, his or her immediate supervisor. (b) If any such holiday falls on a Sunday, the following Monday shall be given as a holiday. If such holiday falls on a Saturday, the preceding Friday shall be given as a holiday. (c) Public Safety and Sewer Treatment Plant employees who normally work holidays shall receive a [MONTHLY] payment for authorized holidays at 1 -1/2 times their normal hourly pay as follows: Fire ([56 -HOUR WEEK] "7(k) Work Period" ): 11.2 hours pay per holiday. [FIRE, POLICE AND DISPATCH] Police, Communications, and Fire (40 -hour week): 8 (eight) hours pay per holiday. Sewer Treatment Plant Employees (40 -hour week): 8 (eight) hours pay per holiday. Holidays which occur during [VACATION] annual leave shall be charged against such leave. Section 18. Amendment of Section 23.40.030 Annual leave, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.40.030 Annual leave, is hereby amended as follows: 23.40.030 Annual leave. (a) Annual leave is a combined vacation and sick leave. (b) Accrual rate: (1) Full -time classified employees except certain Fire Department employees: 7.3846 hours bi- weekly —first two (2) years of service. 8.3077 hours bi- weekly —three (3) through five (5) years of service. 9.2308 hours bi- weekly —six (6) through ten (10) years of service. 10.1538 hours bi- weekly —more than ten (10) years of service. (2) Fire [BASED ON A FIFTY -SIX (56) HOUR WEEK] "7(k) Work Period ":) 10.3385 hours bi- weekly —first two (2) years of service. 11.6308 hours bi- weekly —three (3) through five (5) years of service. 12.9231 hours bi- weekly —six (6) through ten (10) years of service. 14.2154 hours bi- weekly —more than ten (10) years of service. (c) Annual leave is charged on an hour- for -hour basis; i.e., normal work day of eight (8) hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve (12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty -four (24) hour work day, twenty -four (24) hours annual leave. August 12, 2014 Page 3 of 3 (d) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave (leave time after which the employee does not intend to return to work). Leave does not accrue during periods of leave without pay. (e) Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued is six hundred forty (640) hours for classified and [EXEMPT] unclassified employees, and eight hundred ninety -six (896) hours for Fire Department employees working [THE FIFTY -SIX (56) HOUR WEEK] a "7(k) Work Period." (f) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as unplanned are not controllable. However, planned absences must be coordinated with and approved by the appropriate department head. (g) It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, and one hundred twelve (112) hours for employees working [THE EQUIVALENT OF FIFTY -SIX (56) HOURS PER WEEK] a "7(k) Work Period ", and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference shall be deducted from available leave hours without any compensation to the employee. (h) Excess leave above the amount authorized for accrual (subsection (a)(2)([D]e)) existing on December 31 st shall automatically be paid at the then existing rate for the individual employee. (i) Department heads shall schedule vacations for their respective employees with due consideration for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. 0) In the event of significant illness or injury not covered by workers' compensation, or absence due to training or education an employee on exhausting annual leave may, with the approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x 7.3846 hours) to avoid a no -pay status. In the event the person's employment with the City ends prior to the borrowed leave being repaid, the employee must reimburse the City for the value of any leave not repaid. The City may deduct the value of any leave not repaid from the employee's final paycheck. (k) Part-time employees working fifteen (15) hours a week or more shall accrue at the same rate as a full -time employee except on a proportional basis as to hours. (1) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall have annual leave charged on an eight (8) hour /whole day basis. If any such employee is present for work during any portion of a day, that employee shall not be charged annual leave for that day. Conversely, if any such employee is absent from her or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays) that employee will be charged eight (8) hours of annual leave for that day. YACity Attomey \Correspondence\2014 0811 Memo to Council for Pkt.docx i\A "Villa9e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIII�I 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: August 13, 2014 SUBJECT: Ordinance 2761 -2014 At the Council meeting of July 2, 2014 1 requested that this ordinance be postponed as I had questions regarding the designation of Council Members and Planning & Zoning Commission Members as employees. Having had the opportunity to discuss my questions with the City Attorney I believe that Council and Commission Members should be described as something other than employees; however, it is not a significant issue and I no longer have any reservations and /or questions regarding this ordinance.