HomeMy WebLinkAboutOrd2000-011
I
I
I
Sponsored by: Janke
Introduction Date: April 24, 2000
Public Hearing Date: May 8, 2000
Enactment Date: May 8, 2000
CITY OF SEWARD, ALASKA
ORDINANCE 2000-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING TITLE 3, PERSONNEL MAKING CERTAIN
CHANGES TO COMPLY WITH VARIOUS LAWS AND POLICIES,
ELIMINATING OUTDATED LANGUAGE, AND REDUCING CONFLICTS
WITHING THE CODE
WHEREAS, several years ago a new insurance requirement by the AML/JIA
obligated the City to have our Personnel Code reviewed by our attorney; and
WHEREAS, the review was completed, however the changes have not yet been
implemented in Title 3; and
WHEREAS, a more recent review by the attorney, city manager, department heads,
payroll, personnel officer, and employees, found several minor items: gender specific
language, outdated job titles, outdated language, and items inconsistent with the
relatively new Americans with Disabilities Act and the Family Medical Leave Act; and
WHEREAS, the employees were given an opportunity to review the proposed
changes and provide their comments. Their questions have been answered and
wherever possible, included in the final proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Title 3 is amended as follows:
Strikoout = delete
Bold = new
S 3.01.010
PERSONNEL
TITLE 3
PERSONNEL 1
Chapter 3.01 Objectives and Scope
Chapter 3.05 Organization and Delegation of Authority
Chapter 3.10 Position Classification
Chapter 3.15 Salary Administration
Chapter 3.20 Recruitment
Chapter 3.25 Selection
Chapter 3.30 Performance Evaluation
Chapter 3.35 Employee Development
Chapter 3.40 Grievance Procedure
Chapter 3.45 Annual Leave
Chapter 3.50 Holidays \^Jith Pay
Chapter 3.55 Separations
Chapter 3.60 Special Provisions
Chapter 3.65 Collective Bargaining
Chapter 3.70 Standards Relating To Drugs and Alcohol
Chapter 3.75 Standards Relating To Employee Conduct
Chapter 3.80 Workers' Compensation
Chapter 3.01 Objectives and Scope
3.01.010 Title.
3.01.015 Purpose.
3.01.020 Scope.
3.01.025 Police Standards Act.
3.01.030 Amendments.
1 See AS 29.20.630 for state provisions prohibiting discriminating against municipal
employees; see AS 29.20.410 for state provisions allowing for the establishment of a
classified personnel system for municipal employees; see !l2.05.030 as to personnel
records being private; see !l2.01.015 as to workor's workers' compensation benefits.
Supplement No. 97-1
07/97
City of Seward
3-2
I
I
I
PERSONNEL
!i 3.01.010
3.01.035 Definitions.
3.01.010 Title.
This title may be known and cited as the personnel ordinance of the City of Seward.
(Ord. 437, 1977; Ord. 95-05)
Supplement No. 97-1
07/97
City of Seward
3-3
5 3.01.015
PERSONNEL
3.01.015 Purpose.
It is the purpose of this title to establish a system of uniform personnel policies and
procedures which shall improve the quality of personnel administration consistent with such
merit principles as:
1. recruiting, selecting and advancing employees on the basis of their relative ability,
knowledge and skills, including open consideration of qualified applicants for initial
appointment;
2. providing equitable and adequate compensation;
3. training employees, as needed, to assure high quality performance;
4. developing employees and improving their performance by correcting any
inadequate performance;
5. assuring equal opportunity and fair treatment of applic:mts ::md omployeos all
persons-in all aspects of the employer-employee relationship including selection,
recruitment, hiring, upgrading, promotion, training, transfer, layoff, recall and
termination by basing all personnel decisions on the individual's abilities and
performance ::md 311 other asp<3Gts of per-sennel 3dministmtion without regard to political
affiliation, race, color, pregnancy, ancestry, marital status, veteran status, disability,
religion, national origin, sex, age, h3ndicapped statl:ls, or roligious croed, or any other
discriminatory factor prohibited by law and with proper regard for tAeif the individual's
privacy provided, however, that state or federally mandated employment
requirements shall be observed. Applic3nts with physical h3ndic3ps will be given <3qual
consideration with other applic:mts for positions in which their handic3pped f:tatus doof: not
represent an unreasonable barri<3r to satisfactory performance of dutios;
6. assuring that employees are protected against coercion for partisan political
purposes and are prohibited from using their official authority for the purpose of interfering
with or affecting the result of an election or a nomination for office. (Ord. 437, 1977; Ord.
551, S 1, 1985)
3.01.020 Scope.
A. This title establishes policies and procedures for personnel administration for all
officors and employees of the city except the city manager, the city attorney, the city
clerk, the mayor, members of the city council other than <318ctivo officers, appointivo
officors and members of city boards and commissions. Howo'/or, The provisions of this
title apply to the city manager, the city attorney, or the city clerk an appointive officor
only to the extent that they are incorporated by specific reference in tR& a written
employment contract with the city amI tho appointi'/e officor.
B. Where a provision of this title conflicts with a provision of a collective bargaining
agreement covering city employees, the provision of the collective bargaining agreement
shall govern. This title shall govern personnel policies and procedures for city employees
covered by a collective bargaining agreement to the extent that its provisions do not conflict
with provisions of the collective bargaining agreement. (Ord. 437, 1977; Ord. 610, 1988;
Ord. 95-05)
Supplement No. 97-1
07/97
City of Seward
3-4
I
I
I
PERSONNEL
S 3.01.015
3.01.025 Police Standards Act.
The Seward police department shall be subject to these personnel regulations and, in
addition, shall observe all rules and regulations adopted by the Alaska Police Stand;:lrds
Council pursuant to AS 18.65.130-290. In the event of conflict, the standards and
regulations adopted by the Police Standards Council shall prevail over these personnel
regulations. (Ord. 437, 1977; Ord. 92-24)
3.01.030 Amendments.
Upon the passage of an amendment to this title, the city personnel director shall
distribute to all employees replacement pages for the city personnel manual incorporating
the amendment. (Ord. 437,1977; Ord. 610,1988; Ord. 95-05)
3.01.035 Definitions.
As used in this chapter:
A. "Anniversary date" is the date that an employee assumes regular status after the
successful completion of a probationary period. This date does not change regardless of
other personnel transactions, promotions, demotions or transfers that may occur during the
course of an employee's service with the city, except for periods of leave without pay as
outlined in S3.45.080.
B. "Appointing authority" means the city manager, except that the city clerk shall be the
appointing authority for all positions in the city clerk department.
C. "Break in service" is defined as at least one entire pay period off.
D. "COmpOn&3tory timo" moans tho moth09 of componsation for oyortimo to
non oxompt omployoOE: in tho form of timo off in lieu of cash compon&ation.
COmpOn&3tory timo i& mvardoc;l at tho r3to of timo and ono half for ooch hour of overtimo
workod.
€ D. "Department head" means each of the following: the director of finance and
ndministr3tion administrative services, the diroctor of ongineering and utilities manager
of engineering and utilities, the harbormaster, the chief of police, the fire chief, tAa
director of community developmont, the diroctor of parks and recreation director, and the
librari3n library director.
~ E. "Emergency employee" means an employee hired for less than thirty days
pursuant to
4-s3.25.045 of thi& code.
F. "Exempt employee" is an employee whose position is classified under the Fair
Labor Standards Act (FLSA) as an executive, professional or administrative position.
These positions are not subject to overtime compensation.
G. "Full-time employee" means an employee who regularly works forty hours per week.
H. "Graveyard shift" means any consecutive eight hour, regularly scheduled work shift
that begins at or after midnight and before 8:00 a.m.
I. "Holiday" is defined in ~3.50.01 0 and li3.50.015 of this code.
J. "On-call employee" means an employee hired on an on-call basis pursuant to
!!l3.25.040 of thi& codo. Appointments may be for an indefinite period.
Supplement No. 97-1
07/97
City of Seward
3-5
5 3.01.025
PERSONNEL
K. "Part-time employee" means an employee who regularly works less than forty hours
per week.
L. "Personnel Officer" means the director of the personnel department or his/her
designee.
M. "Probationary employee" means an employee who has not yet completed the
probationary period imposed under !!l3.25.035 A. of this Goda.
N. "Promotional probationary employee" means an employee who has not successfully
completed a probationary period imposed under !!l3.25.035 B. of this coda.
O. "Regular employee" means an employee in a regular position, full-time or part-time,
who has successfully completed all probationary periods and is not a temporary, seasonal,
on-call or emergency employee. Nothing in this section shall be deemed to imply that a
regular employee will always be employed by the city. A regular employee may be laid off,
dismissed, terminated or separated from city employment in accordance with the
provisions of this title.
P. "Regular position" means a position which is expected to exist for more than nine
months. It does not imply that the position will never be eliminated. A regular position may
be eliminated due to lack of work, lack of funds, reorganization of a department,
reassignment of duties or for any other reason. No employee shall have the absolute right
to continued employment in any particular position.
Q. "Regular rate of pay" means the hourly rate of pay actually paid an employee for the
normal, non-overtime work week for which he/she is employed.
R. "Seasonal employee" means an employee hired on a seasonal basis with an
expectation to return to their position consistent with the City's needs, although the
hiring will be temporary pursuant to 53.25.040. No employee shall have the absolute
right to continued employment in any particular position. tempor~rily pursl:Jont to
~d.25.040 of this code.
S. "Swing shift" means any consecutive eight hour, regularly scheduled shift that
begins at or after 4:00 p.m. and before midnight.
T. "Temporary employee" means an employee hired under the terms specified in
!!l3.25.040 of this coda.
U. "Term employee" means an employee in a position, full or part-time, that is designed
for a specified period of time of more than nine months and less than two years for a
specific purpose or project pursuant to !l3.25.050 of this codo.
V. "Work week" consists of a five day week, eight hours per day, forty hours per week,
pursuant to !!l3.15.055 of this coda. (Ord. 92-18; Ord. 95-05; Ord. 95-14; Ord. 96-04)
Supplement No. 97-1
07/97
City of Seward
3-6
I
I
I
PERSONNEL
!l 3.05.015
Chapter 3.05 Organization and Delegation of Authority
3.05.010 Purpose.
3.05.015 Responsibility and authority.
3.05.010 Purpose.
Proper organization and delegation of authority are essential to effective city
government administration and management. The responsibilities and authorities
delineated in this chapter are intended to establish a clear understanding of the role that
each segment of city government must play in order to create and administer a sound
personnel management program. (Ord. 437, 1977)
3.05.015 Responsibility and authority.
A. City council. The city council shall have overall responsibility and authority regarding
personnel matters including, but not limited to, the following:
1. approve the city's budget including requests for personnel management funds;
2. approve personnel policies and procedures developed by the city manager;
3. approve work rules established for the efficient operation of the city's work force;
4. appoint the city manager, city clerk and city attorney.
B. City manaqer. The city manager shall have the responsibility and authority to:
1. administer the personnel policies and procedures adopted by the city manager
and approved by the city council;
2. provide forthe establishment and maintenance of records of all employees in the
city service; such records to include the class title, pay and other pertinent data;
3. develop and administer an affirmative action program to provide for equal
opportunity in all aspects of city personnel administration;
4. foster and develop, in cooperation with appointing authorities and others,
programs for the improvement of employees' effectiveness and productivity, including
training, safety, health, counseling and welfare;
5. administer the city's recruitment and selection program;
6. ensure uniformity in the application of discipline and processing of employee
grievances;
7. prepare and adopt such forms, reports and procedures as may be necessary to
carry out the city's personnel program;
8. appoint and dismiss all city employees except those appointed by the councilor
city clerk as stated in the charter. (See also!l 2.20.010 and !l 2.20.015.)
C. City clerk. The city clerk shall have the responsibility and authority to:
1. A administer recruitment and selection for positions in the city clerk department;
and
2. e. exercise all the authority assigned to a department head by the provisions of
this title, provided that when the city clerk takes an action authorized for a department head
under this title, the action is not subject to delegation from, or approval of, the city
manager.
D. Department heads. Department heads shall have the responsibility and authority to:
Supplement No. 97-1
07/97
City of Seward
3-7
5 3.01.035
PERSONNEL
1. enforce the personnel policies and administer the merit system in their
department;
2. keep employees in their departments informed of current personnel policies and
procedures;
3. participate in the grievance procedures as specified (See Chaptor 53.40);
4. appoint employees to vacant positions within their respective departments in
accordance with established personnel rules and procedures;
5. develop training programs for employees within their respective departments;
{Changes for consistency with other sections that require approval of the city
manager.}
6. take corrective action within their respective departments to the extent
authorized in Title 3 and delegate such authority to supervisory personnel is as deemed
appropriate.
7. conduct orientation for all new employees. Such orientation shall include
introduction to fellow workers, work standards, safety regulations, break periods, supplies,
etc.;
8. have appointment and dismissal authority over all employees under the
department head's jurisdiction as delegated by the city manager, subject to the approval of
the city manager.
E. Supervisory personnel. Supervisory personnel shall have the responsibility and
authority to:
1. implement personnel policies, rules and regulations in the units under their
supervision;
2. take corrective action concerning employees under their supervision and make
recommendations as to hiring, firing, transfer, promotions and personnel evaluations;
3. train new employees and participate in the development of other employees;
4. evaluate employee performance (see Chapter 53.30);
5. participate in the grievance procedures as specified (see Chapter 53.40);
F. 6. in tho C3se of the ePersonnel officer, conduct orientation for all new employees
and have issued to each a copy of the current personnel regulations and position
descriptions which outline job duties; such orientation shall include but not be limited to pay
plan, insurance and retirement benefits, and any other city policies and/or procedures.
j:;. G. All emplovees. Employees of the city shall be presented with a copy of these
personnel rules on their hiring date and shall have the responsibility to:
1. read these rules and ask the immediate supervisor to explain the regulations if
questions arise;
2. understand the function of the department to which they are assigned and how
that function relates to the total mission of the city and all of its departments;
3. discuss with the immediate supervisor any questions relating to the interpretation
or application of these rules, either informally or formally through the grievance procedure;
4. bring to the attention of the immediate supervisor any change in duties as
outlined on the position description form given to the employee at hiring;
Supplement No. 97-1
07/97
City of Seward
3-8
I
I
I
PERSONNEL
S 3.05.010
5. submit in writing recommendations or comments to these rules to the city
manager. (Ord. 437, 1977; Ord. 95-05)
Chapter 3.10 Position Classification
3.10.010 Classification plan.
3.10.01!i Class specifications.
3.10.020 Purpose of the classification plan.
3.10.025 Development and administration.
3.10.030 Status of incumbents in reclassified positions.
3.10.035 I\ssignmont of tempor-nry suporvisor duties.
3.10.010 Classification plan.
The classification plan is the grouping of positions into appropriate classes which are
similar with respect to duties and responsibilities. Each class in the classification plan shall
be designated by a descriptive title and defined by a class specification. (Ord. 437, 1977)
3.10.015 Class specifications.
Class specifications are written descriptions of positions of each class included in the
classification plan. Specifications shall include a class title, a general statement of duties
and responsibilities, typical examples of duties performed and minimum qualification
requirements for entrance into a class. Special requirements, where appropriate, such as
license or certification, shall also be included. (Ord. 437, 1977)
3.10.020 Purpose of the classification plan.
The classification plan is an administrative tool that provides a system of standardized
titles and common job language and is critical to the effective administration of personnel
activities such as:
1. m:mpowor workforce planning and budgeting,
2. establishing job performance standards,
3. establishing fair and equitable pay,
4. developing training programs,
5. developing valid selection and recruitment programs,
6. establishing appropriate career lines. (Ord. 437, 1977)
3.10.025 Development and administration.
The city manager shall have the authority for the overall administration of the
classification plan. In developing the classification plan, helshe shall consult department
heads, key staff, employees and other technical resources as appropriate.
1. Allocation of positions. The city manager shall analyze and evaluate the duties,
responsibilities and qualifications required of each position in the classified service and
make recommendations to the city council regarding the allocation of each position to the
appropriate class.
Supplement No. 97-1
07/97
City of Seward
3-9
Ii 3.10.025
PERSONNEL
2. Maintenance of the classification plan. The city manager shall periodically review
the entire classification plan or any part thereof at his/her own initiative or at the
reasonable request of a department head or group of employees; provided, however, that
such a review shall be conducted at least once anAu311y every three years. The purpose
of such review shall be:
a. to ascertain whether or not the plan accurately reflects existing conditions;
b. to determine the accuracy of class specifications;
c. to assure that positions are properly classified.
3. Position descriptions. Position descriptions shall be supplied and kel'lt 13urmnt by
each city department for each position under the department's jurisdiction, subject to the
approval of the city manager. The personnel officer shall keep a file of all current job
descriptions.
4. New positions. When a new position is proposed or established, the department in
which it is created shall provide a written jOb description to the city manager, who shall
determine the proper classification or prepare a new classification description if an
appropriate classification does not exist. The city manager shall present his/her
recommendation to the city council for final approval.
5. Reorqanization of department. Whenever reorganization of a department or action
of the city council causes the duties of a position to change, or a position appears to have
been incorrectly allocated, the city manager shall, at the request of the department head or
a regular employee affected by the reclassification, investigate the duties of the position in
question. After conferring with department officials and the employee involved, and
reviewing all relevant data, the city manager shall recommend to the council any majef
reclassification of the position to tho 3ppropriate class. Reclassification shall not be used
to avoid the provisions of the personnel rules dealing with layoffs, demotions, promotions
or dismissals.
6. Effective date of chanqe. Classification actions shall be effective on the first day of
the pay period following approval by the city council. (Ord. 437,1977; Ord. 93-26)
3.10.030 Status of incumbents in reclassified positions.
In all cases of reclassification, the employee in the position shall be entitled to examine
and compete for the reclassified position. If ineligible for appointment to the reclassified
position, the employee shall be transferred, '* reassigned, or terminated by appropriate
action in accordance with the provisions of these rules. (Ord. 437, 1977)
3.10.0d5 .^.ssignment of temporary suporvisor dblties.
Whenover an omployee who is performing the same dutios as other employeos in tho
samo class is assignod Iill'lit9d supervisory dutios (Le., maintainin€l 3 bal3ncea workload
among a group, koeping reoorde; of work production and attondanco of employeos in the
samo entrance salary), and which dutios do not justify r~allocation to 3 sblpervisol)' olase;,
tho d9partment hoad may requost tho city m::mager to designate tho incumbont as a
tompoF3ry suporvisor.
/\11 temporary suporvisor assignmonts shall 130 FOvioVJ9d annually by the city manager to
im:uro th9 tomporal)' suporvisor critoria is current. This iG a tomporary obssification and
Supplement No. 97-1
07/97
City of Seward
3-10
I
I
I
PERSONNEL
S 3.10.025
f:hould not bo uf:ed to avoid tho provif:iom: of the personnol roguI3tionf:; in particul3r,
c31::1tion Sh311 bo usod to avoid usin~ tho tomporary suporvisor concopt 3S i:l moanf: to
financially rCl'Nard a f:onior...:orkor (soo also ~3.15.07Q). (Ord. 437,1977)
Chapter 3.15 Salary Administration
3.15.010 Pay plan.
3.15.015 Standards for development of the pay plan.
3.15.020 Development of the pay plan and pay schedule.
3.15.025 Administration of the pay plan.
3.15.030 Entrance pay rate.
3.15.035 Step increases.
3.15.040 Regular part-time employment.
3.15.045 Pay rate adjustments.
3.15.050 Compensation during temporary assignment.
3.15.055 Hours of work.
3.15.060 Overtime.
3.15.061 Stand-by time compensation.
3.15.065 Clothing allowance.
3.15.070 Pay for omployoos de6i~natod a6 temporary 6I::1per:isor.
3.15.075 Pay for employees designated as trainee.
3.15.080 Changing pay range assignments.
3.15.085 Longevity bonus.
3.15.090 Retirement.
3.15.095 Insurance and medical benefits.
3.15.100 Effective date of changes in pay.
3.15.010 Pay plan.
The pay plan shall include the schedule of pay ranges, consisting of minimum,
intermediate and maximum rates of pay for all claf:sos of positions in tho cla6sifiod f:orvico.
The objectives of the pay plan shall be to:
1. provide an appropriate salary structure to recruit and retain competent employees;
2. provide appropriate pay incentives for high employee productivity. (Ord. 437,1977)
3.15.015 Standards for development of the pay plan.
The development of the pay plan shall be directly linked with the classification plan and
shall be based on the principle of equal pay for equal work. Pay ranges within the pay plan
shall be determined with due regard to such factors as:
1. the relationship between classes,
2. the relative difficulty and responsibility of work,
3. the availability of applicants,
4. the prevailing rates of pay in both public service and private industry in the
appropriate recruiting market,
5. cost of living factors. (Ord. 437, 1977)
Supplement No. 97-1
07/97
City of Seward
3 -11
!i 3.10.030
PERSONNEL
3.15.020 Development of the pay plan and pay schedule.
The city manager shall be responsible for developing the pay plan and pay schedule
through the use of standards described above and in consultation with the city council and
employees.
(Ord. 437,1977)
3.15.025 Administration of the pay plan.
A. The city manager shall be responsible for administering the pay plan and keeping it
current through periodic reviews and comparative studies of pertinent factors affecting
levels of pay.
B. Cost of livinq allowance. The pay plan may be adjusted with the approval of the city
council on an annual basis on or seforo July I to reflect a cost of living allowance (COLA)
based on the May dO I\nchorago metFO\3olitan aroa figuro \3l:lslished by tho Buroau of Laser
Statistics, US Department of labor, Bureau of labor Statistics, consumer price index
for all urban consumers (CPI-U) for Anchorage, Alaska, for all non-union employees ill
tho olassifiod sorvico, provided that changes made, if any, in the pay plan to reflect a cost
of living allowance will be effective.MJ4 on the day authorized by the city council. (Ord.
437,1977; Ord. 576, ~3, 1986)
3.15.030 Entrance pay rate.
A. The entrance pay rate shall normally be the minimum rate in the pay range
prescribed for the class. A department head, subject to the approval of the city manager,
may make an appointment above the entrance pay rate only when there are no available
candidates at the entrance rate, or in recognition of exceptional qualifications. In no
instance shall an appointment be made above Step "C," except at the department head
level. In no instanco will on appointFFHmt bo FAade above tho miniFl1l:lm stop when qualified
applioants am available at the miniFAblm ontranoo rate.
B. Appointments con bo FRado at a rato belov: tho miniFRl:lm for the closs on a trainee
basis. .1\11 CET/\ appointFRonts shall be FAado as trainee a\3pointFAents (soe also
~d.15.(75). (Ora. 4d7, 1977)
3.15.035 Step increases.
A new employee, after serving a six-month probationary period of satisfactory
performance, shall receive a step increase. An employee who has transferred to a new
position and who must serve a promotional probationary period as defined in ~3.25.035,
Eiee6 shall receive a probationary step increase upon successful completion of the
promotional probationary period. A probationary step increase is a special, one time only,
step increase. For an employee to receive further step increases up to step J, "C" and
~ he/she must continue to demonstrate satisfactory service of a progressively greater
value. Boyond Gtop "D," eFAployeee: arc eligible for annual step increaeoE: on O::lch
armi'lorsary date thoreaftor up to "J" stop. Step increases are not automatic based upon
longevity and are awarded only where the department head feels the employee has
demonstrated service of a progressively greater value, progressively greater responsibility,
and performed beyond what normally would be expected for the city during the past
Supplement No. 97-1
07/97
City of Seward
3-12
I
I
I
PERSONNEL
S 3.15.020
anniversary year. Satisfactory performance alone shall not be grounds for a step increase.
(Ord. 534, 1984; Ord. 94-06)
3.15.040 Regular part-time employment.
A. Regular part-time employees who are not exempt from the overtime requiremeRts of
the federal Fair Labor Standards Act shall be compensated on an hourly basis equivalent
to the hourly rate established for the regular full-time employment at Step "AM of the pay
range for the actual number of hours worked in each payroll period. Initial salarios for
regular p3rt time omployees who aro oxempt fr:om tho overtime roquiroments of tho fodoral
F3ir Labor St3ndards Act shall be eawd on the hOl::lrly rato ostablishod for the rogulartblll
timo omploymont 3t Stop 'W' of tho P3Y range multipliod ey 2,080 3nd prorated to rofloct
tho omployoo's p3rt time status. (E.g., assuming Stop "fl." of tho 3pplicablo pay r3ngo is
$10 per hour, 3n oxempt omployee's s313ry for 'Norking h31f time v:ould bo oqual to $1 9 x
2,080 x 0.5 rog3rdless of tho actual numbor of hour~ worked.) Appointments shall be in
probationary status and a probationary pay increase shall be awarded, if earned, when U:le
regular hours worked have a cumulative total of one thousand forty ~ hours, which is
equivalent to a six-month probationary step increase as set forth in Soction S3.15.035.
B. A step increase shall be awarded, if earned, wAeA each time regular hours worked
have a cumulative total of two thousand eighty. hours. Part time omployeos who worked
3n averago of oighty hours 3 month for tho year shall bo ontitlod to group lifo 3nd hoalth
insur3nco 3nd rotiroment benofits 3ftor working 3 total of four thousand one hundrod sixty
hours. (See also Soctions s3.15.090 and S3.15.095.) (Ord. 437,1977; Ord. 94-33)
3.15.045 Pay rate adjustments.
The following personnel actions shall affect the pay status of an employee in the
manner described:
1. Transfers. When an employee is transferred from one Glass position to another
with a common pay range, he/she shall continue to receive the same rate of pay.
2. Promotions. When an employee is promoted from one Glass position to another
having a higher pay range, the employee shall receive an increase of not less than one pay
step (2.5%). If the employee's current rate of pay is below the minimum rate of the highor
Glass new position, the pay shall be increased to the minimum fate step of the highor
Glass new position. If the employee's current rate of pay falls within the range of the
highor class new position, the pay shall be adjusted to the next higher pay step in the
range for the highor class new position which is at least equal to one step increase above
his/her current pay rate.
3. Reassiqnments. When an employee is reassigned for cause, or for administrative
purposes, the pay shall be adjusted to fit the job according to the principles of classification
and equal pay for equal work.
4. Reinstatement of employees who have resiqned. a. No preferential pay treatment
shall be given to reinstated employees. The principles of job classification and equal pay
for equal work, which includes work experience, shall apply as if to a new employee.
b. An employee who has resigned due to special reasons such as, but not limited
to, family illness or educational leave (up to two years and with prior approval of the city
Supplement No. 97-1
07/97
City of Seward
3-13
S 3.15.040
PERSONNEL
manager) shall have reinstatement rights according to arrangements made in writing at the
time of the resignation and, provided, the job is available.
5. Reinstatement of veterans. A city employee who returns from military leave shall be
reappointed in accordance with the United States Code Annotated Title 50, War and
National Defense Military Selective Service Act of 1967; 459, Separation From Service (a),
(b), (c), (f) and (g).
6. Lavoffs. When an employee, following layoff, is re-employed in the same GIa6&
position from which he/she was laid off, he/she shall be placed in the same step which
he/she occupied at the time of layoff. When the employee is re-employed in a GIa6&
position having a lower pay range, his/her rate of pay shall be assigned according to
standard principles of job classification and equal pay for equal work.
7. Poli€Je recruit traininQ. The then current rate of pay for n police recruit shall ee
redl:lC08 according to tho following oE:ll:lation for the time that the rocrl:lit is tr-aveling to or
from or actl:lally attonding the [)o~artmont of Public Safety I\ca8omy in Sitka, ^Iaska:
[(curront hOl:lrly rate x 2080) : 12] x .001136 - basic trnining r3te]
In no ovont sh311 the Basic trnining rnte be Bolo'll tho minimum r3te required by law. (Ord.
4J7, 1977; Or-d. 913 01)
3.15.050 Compensation during temporary assignment.
When any employee is temporarily assigned to a position with a higher pay range for a
period of at least three consecutive days but less than thirty days, he/she shall be
compensated above his/her base rate by ten percent. If an employee's base rate is
the maximum of the pay range, he/she shall be compensated above the maximum
pay step by ten percent. If the assignment is for a period of thirty calendar days or
more, he/she shall be paid at the first step of the higher pay range or he/she shall be
grnntod a ono step pny given a ten percent increase as provided in the preceding
sentence, whichever is higher, for the full 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 tempor3ry assignmont sh311 oxceod six months.
(Ord. 437,1977)
3.15.055 Hours of work.
A. Regular working hours of city employees shall consist of a five-day week, eight
hours a day, forty hours a week. Special provisions for a modified schedule, such asa
four-day week, ten hours a day, forty hours a week may be permitted with approval
by the city manager. The standard work week shall consist of the period from midnight
Sunday Saturday to the following midnight Sunday Saturday. The standard work day
shall consist of the period from midnight to midnight. URless othol\vise pro'liEled, the hours
of re~l:Ilnr employment for city er:nployees sRall be fr-om 8:00 a.m. to 5:00 p.m. 'I.'ith an hour
for lunch.
B. Different schedules to meet departmental operating needs shall be established
and altered by department heads, with approval of the city manager. Temporary shifting of
employees' working hours to meet routine needs shall be done as necessary and approved
by the department head. (Ord. 437, 1977)
3.15.060 Overtime.
Supplement No. 97-1
07/97
City of Seward
3-14
I
I
I
PERSONNEL
5 3.15.060
A. Generally. Overtime compensation will be paid to all employees except those in
probationary, regular or acting positions determined to be exempt from the overtime
requirements of the federal Fair Labor Standards Act. Overtime shall be paid at time and
one-half of the employee's rogul:lr current rate of pay.
1. Rogular All employees who are not exempt from the overtime requirements of
the federal Fair Labor Standards Act and who are requested to work over 8 hours in a day
or forty hours in a week shall be paid at time and one-half for overtime hours.
2. ,^.II omployoss who::lro not exsRll:lt from tho o'Jortimo roquiromonts of the fodoFOl
F::Iir Labor St::lndards .^.ot sh::lll rocoi"e overtimo componsation at time ::Ind ono halffor any
and all hours v.<orkod o\'or 10 hOl:Jrs in a wook.
2. Employees working 10 hour shifts who are not exempt from the overtime
requirements of the federal Fair labor Standards Act and who are requested to work
over 10 hours in a day or forty hours in a week shall be paid at time and one-half for
overtime hours.
d. Unloss othorwiso agreed upon by the supervisor and tho omployeo, full time
omployoos who ::Iro not oxompt from tho ovortimo roql:Jiromonts of tho foderal Fair Labor
Stand::lrds /\ct who aro roque€ted to work hours which aro not in thoir hours of regular
employmont shall bo paid at time and one half for such hours workod.
4.,. 3. Regular employees who are not exempt from the overtime requirements of the
federal Fair Labor Standards Act and who aro roquostod to work on a holiday shall be paid
at time and one-half for all hours worked on such holiday in addition to holiday pay under
Chaptor 53.50.
B. Approval of overtime work. All overtime worked must have the approval of the
department head concerned prior to its performance, except in cases of emergency which
preclude such prior arrangements, and shall be paid in accordance with applicable foderal
and stato laws and policies. The department foreman head or other person in charge of
providing emergency service shall see that the overtime hours are properly recorded. The
department head shall review the record and certify to the finance department any overtime
approved for payment as soon as practical thereafter.
C. Overtime for police officers and police recruits.
1. Police officers. Police officers who are not exempt from the overtime
requirements of the federal Fair Labor Standards Act shall be entitled to overtime pay when
required to attend court session while not on regular duty.
2. Police recruits. For each day that a police recruit attends or travels to or from the
Department of Public Safety Academy in Sitka, Alaska, the recruit will be assigned an
eight-hour uninterrupted and unpaid sleep period in compliance with the federal Fair Labor
Standards Act. All remaining hours will be considered hours worked and the recruit will be
paid as follows:
a. Reqular duty day. The recruit shall be paid for: (1) eight hours at the basic
training rate determined pursuant to SGG !l3.15.045. 7~, provided, however, that if the
police recruit has worked more than forty hours in the work week that portion of the eight-
hour period that exceeds forty hours in the work week will be paid at one and one-half
times the basic training rate; and (2) for eight hours at one and one-half times the basic
training rate.
Supplement No. 97-1
07/97
City of Seward
3-15
5 3.15.060
PERSONNEL
b. ReQular day off. sixth and seventh day. and holiday. The recruit shall be paid
for sixteen hours at one and one-half times the basic training rate.
c. TraininQ rate. The current rate of pay for a police recruit shall be reduced
according to the following equation for the time that the recruit is traveling to or from
or actually attending the Department of Public Safety Academy iF! Sitka, Alaska:
[(current hourly rate x 2080) + 12] x .00156 = basic training rate]
In no event shall the basic training rate be below the minimum rate required by law.
(Ord. 437, 1977; Ord. 95-01)
D. Exceptions for shift rotation. An exception to overtime pay for work over eight hours in
a twenty-four hour period is that due to shift rotation, provided there has been off-time of at
least eight hours between shifts.
E. Shift differential. Shift differential compensation applies to all employees of those
departments which schedule work twenty four hours per day tho City of Sewal'€l who
are not exempt from the overtime requirements of the federal Fair Labor Standards Act on
the following bases:
1. SwinQ shift. The employee who is assigned to swing shifts shall receive two and
one-half percent additional pay to his/her regl::llar current salary for the period he/she
serves on swing shift. The term "swiFl9 shift" is defines as the hours from <1 :00 !'l.m. until
midFli~ht.
2. Graveyard shift. The employee who is assigned to graveyard shifts shall receive
five percent additional pay to his/her re~l::Ilar current salary for the period he/she serves on
graveyard shift. The term "gmveyarc:l shift" is definod as tho hOl::lrs from fTIidnight until 8:00
a-:Hh
(Ord. 437,1977; Ord. 594, 1987; Ord. 610,1988; Ord. 94-33; Ord. 94-42; Ord. 95-01)
3.15.061 Stand-by time compensation.
A. A non-exempt, full-time employee assigned by his/her supervisor to be on stand-by
during off-duty hours. under circumstances where the stand-by time does not qualify as
hours worked, shall be compensated one hour of overtime pay for each stand-by period
the employee is asked to serve when such stand-by is approved by the supervisor in
writing.
B. A stand-by period is defined as the period from the time the employee leaves
his/her work site after the conclusion of a normal work day to the following day when
he/she is scheduled to return to work. When an employee is placed on stand-by during
the weekend or on a holiday, each weekend day or holiday is considered a separate
stand-by period. For example. an employee who normally works 8:00 a.m. to 5:00 p.m.
Monday through Friday who is on stand-by from Thursday at 5:00 p.m. until 8:00 a.m.
Friday morning will be entitled to one hour of overtime pay for one stand-by period. The
same employee placed on standby from Friday at 5:00 p.m. until 8:00 a.m. Monday
morning will be entitled to three hours of overtime for three stand-by periods (one stand-by
period for Friday 5:00 p.m. to 8:00 a.m. Saturday, one stand-by period for 8:00 a.m.
Saturday to 8:00 a.m. Sunday, and one stand-by period for 8:00 a.m. Sunday to 8:00 a.m.
Monday).
Supplement No. 97-1
07/97
City of Seward
3 -16
I
I
I
PERSONNEL
5 3.15.061
C. The employee shall be required to be reachable by supervisors by telephone, radio
or electronic paging device.
D. The employee is free to pursue personal activities as long as communications a~e
possible and the employee is in a state of readiness to respond in a reasonable amount of
time to a call for service.
E. If called to perform duties during the off-duty hours, the employee shall be
compensated for a minimum of two hours at overtime rates addressed in subsoctions
53.15.060 A,. and B. of this ch3pter. (Ord. 94-02)
3.15.065 Clothing allowance.
Members of the police department shall be provided with two complete uniforms per
year. All uniforms are the property of the city of Seward and shall be returned to the city
before the separation from city service. (Ord. 437, 1977)
3.18.070 P3Y for employeos dosign3tod as temporary suporvisor.
^n employoo who is designates as a tomporary sl::lpervisor shall bo compensated
3bove his base r3to by ten perm:mt offoctive the first say of tho now 3pproved status. At
such time 3S 3n employeo coases to function as teR'lporary suporvisor, the employeo's pay
Sh311 revert to tho b3so r3to. If an employoo's base r3to is the maximum of tho pay r3ngo,
tho tompor3ry supervisor shall bo compensated abo'/o tho m3ximum P3Y step by ten
porcent. (Ord. 137,1977)
3.15.075 Pay for employees designated as trainee.
A. An employee who is appointed to a class of position as a trainee shall have his/her
hiring rate of pay reduced from the first step of the assigned pay range by five percent for
each six-month period of anticipated training required for the employee to reach full
performance. Work performance of an employee in a training status shall be evaluated at
least once every six months for the duration of the training.
B. Employees in training positions are entitled to all benefits available to regular
employees. Trainees shall be hired in probationary status and shall be awarded a
probationary pay increase, if earned. They are eligible for a step increase the same as
regular employees upon reaching full performance. Length of service date shall be the
date of appointment to trainee position; anniversary date shall be established as the Gate
of hire. completion of probation date. (Ord. 437,1977)
3.15.080 Changing pay range assignments.
INhon a c13ss P3Y range is changod through re3ssignment, the base r3to of omployoos
occupying positions in the class shall Be adjustod 3S follows:
1. Reassignod to highar pay r3nga. If the class is reassignod to a highor pay r3ngo, all
omployoos in positions affected shall havo thoir base r3tos incr03sod to t\vo 3nd ona h31f
porcent for 03ch pay rango adv3ncod, not to exceod tho maximum of tho now r~mgo.
2. Roassignod to lower pay rango. If tho class is re3ssigned to 3 lowor P3Y r3ngo, 311
omployeos in positions 3ffoctad shall not receive roductions in their b3so r3ta salary upon
P3Y r3ngo ro3ssignmont. Employees whose base r3tos axcood the m3ximum rata of tho
Supplement No. 97-1
07/97
City of Seward
3-17
Ii 3.15.061
PERSONNEL
new pay range will romain uRGhaFl~eEll:-.mtil the base ratos aro encompassod within the pay
ran~e. (Ord. 4d7, 1977)
When a pay range for a class of employees is readjusted for reasons such as
reclassification or reassignment of duties, the base rate of employees occupying
positions in the class shall be adjusted as follows:
1. Adiustments to Hiaher Pay Ranae. If the pay range is adjusted upward, all
employees in the positions affected shall be compensated at a rate equal to the
employees pre-adjusted rate increased by one step for each pay range advanced, not
to exceed the maximum of the new range. Future increases will be measured from
the pay range as adjusted.
2. Adiustment to a Lower Pay Ranae. If the pay range is adjusted to a lower
range, employees in positions affected shall not receive reductions in their base rate
salary upon pay range adjustment. If an employee's pre-adjustment base rate
exceeds the maximum rate of the new pay range, the employee's rate of pay will
remain unchanged until that rate corresponds with a step within the adjusted pay
range. (Ord. 437, 1977)
3.15.085 Longevity bonus.
A. l\ regular fl:lll time or All regular part timo employees, after completion of one
year's service, equal to two thousand eighty hours (2,OgO hOuFS), shall be paid longevity
pay at the rate of one percent of his/her regular annual salary. For 3ccounting purJi)osos,
and so th3t the omployoos shall h3ve an additional cheGk at Christmas timo, 3111 Longevity
pay shall be paid once each year on the first pay day of December.
B. Any break in city employment longer than thirty calendar days will advance the
eligibility date by the number of days in excess of thirty. Time served as temporary
employee shall not be included. (Ord. 437, 1977)
3.15.090 Retirement.
The city has in effect a retirement plan with the Public Employees Retirement
System (PERS) for all eligible city employees as set forth under by city council Rosoll:ltion
No. 7g 4d. (Ord. 437,1977; Ord. 636,1990)
3.15.095 Insurance and medical benefits.
A. Regular city employees shall be entitled to participate in the group life and health
program administered by the city manager and approved by the city council, provided they
work an average of thirty hours per week. The city shall contribute to each employee's
group health premium up to the maximum amount determined from time to time by the city
manager and approved by the city council. Absences due to paid leaves, some cases of
leave without pay and those absences covered by workers' compensation shall not
interfere with those benefits.
B. The t\','o appointive o#iQors, city manager ana Qity clerk, shall also partiQil3ate in
group life ana health programs.
Supplement No. 97-1
07/97
City of Seward
3-18
I
I
I
PERSONNEL
S 3.15.080
Co B. The personnel officer shall provide all eligible employees with applications and
information concerning these programs; the finance department shall provide for payroll
deductions to cover the employees' premiums. (Ord. 437,1977; Ord. 96-04)
3.15.100 Effective date of changes in pay.
A. Generally. Effective date of personnel transactions and implementing classification,
reclassification and special merit increases shall be the beginning date of the pay period
following effective date of change.
B. ReQular merit and probationary increases. Effective date of personnel actions
implementing approved regular merit and probationary increases shall be the day following
completion of specific period of service, or such later date as a deferred request may be
approved.
C. Promotions, reassiqnments and reinstatements. Effective date of personnel actions
implementing approved promotions, reassignments and reinstatements shall be the first
day of the new approved status.
D. Executions. Nothing in this section shall prohibit retroactive pay approved by the
councilor required because of administrative oversight or error. (Ord. 437, 1977)
Supplement No. 97-1
07/97
City of Seward
3-19
S 3.15.100
PERSONNEL
Chapter 3.20 Recruitment
3.20.010 Policy.
3.20.015 Recruitment method.
3.20.020 Job announcements and publicity.
3.20.025 Application form.
3.20.030 Physical examinations.
3.20.035 Rejection of applicants.
3.20.040 Pre-employment screening.
3.20.010 Policy.
It shall be the policy of the city of Seward to recruit and select the most qualified person
for positions in the city's service. To ensure that this policy is carried out, it shall be the
responsibility of the appointing authority to:
A. conduct recruitment and selection in an affirmative manner to ensure open
competition;
B. provide equal employment opportunity;
C. prohibit discrimination because of race, age, disability, political affiliation, religion,
sex, color, pregnancy, ancestry, marital status, veteran status, national origin or any
other discriminatory factor prohibited by law. The standards set forth in the American with
Disabilities Act of 1990 will be followed in the selection of employees of the city. (Ord.
437, 1977; Ord. 551, 32, 1985; Ord. 92-22; Ord. 95-05)
3.20.015 Recruitment method.
The appointing authority shall develop and conduct an active recruitment program
designed to meet current and projected manpowor workforce needs. Recruitment will be
tailored to the various classes of positions to be filled and will be directed to all sources
likely to yield qualified candidates. (Ord. 437, 1977; Ord. 95-05)
3.20.020 Job announcements and publicity.
In order to attract an adequate number of candidates for present or anticipated
vacancies and to permit successful competition with other employers, the personnel officer
shall issue job announcements and otherwise publicize vacancies through such media
which will include, but not be limited to, the local newspaper. Job announcements shall be
clear and readable. They shall include the job title, salary range, job qualification
requirements, examination information (including the time, place and manner of completing
applications and other pertinent information). Publicity for job vacancies shall be conducted
for a sufficient period of time to ensure reasonable opportunity for persons to apply and be
considered for employment. In any event, job vacancies shall be formally announced at
least ten calendar days prior to the closing date for filing applications. The city manager
may also initiate continuous recruitment programs for any class of positions as appropriate.
All job announcements for regular appointments shall be publicized first to all city
employees at least five calendar days prior to advertising publicly (see also 3 3.25.020).
(Ord. 437,1977; Ord. 587, ~1. 1987)
Supplement No. 97-1
07/97
City of Seward
3-20
I
I
I
PERSONNEL
!ii 3.20.010
3.20.025 Application form.
All applications for employment shall be made on forms prescribed by the appointing
authority. Such forms shall require background information to include training, experience
and other pertinent information. All applications must be signed and the appointing
authority shall require proof of statements. Application forms shall not elicit any information
concerning race, politics, religion, national origin, marital orfamily status. (Ord. 437,1977;
Ord. 95-05)
3.20.030 Physical examinations.
AU-a Employees in positions with high physical risk shall have the following physical
examination to be paid for by the city:
Pre-emplovment examination. A pre-employment examination by the physician of the
employee's choice; provided, however, that the cost of the examination shall be deducted
from the employee's final pay check if he/she voluntarily terminates employment ninety
days or less from the date of hire. (Ord. 437,1977; Ord. 593,1987)
3.20.035 Rejection of applicants.
A. The appointing authority may reject any application which indicates that the
applicant does not have minimum qualifications established for the position. Applications
may also be rejected if the applicant:
1. has deliberately falsified any information on the application form;
2. is unable to meet the physical, aM mental or other requirements which have
been demonstrated as necessary to perform the work of the position provided, however,
that the city shall comply with all applicable provisions of the Americans with
Disabilities Act of 1990;
d. is un3blo to moot tho mont31 roquiromonts noc9ss3ry to porform tho IJ/ork;
4. 3. does not meet the legal age limits or other requirements established by state
law;
~. 4. has established an unsatisfactory employment record of such nature as to
demonstrate unsuitability for the position.
B. Whenever an application is rejected, notice of such rejection shall be promptly made
to the applicant. (Ord. 437, 1977; Ord. 95-05)
3.20.040 Pre-employment screening.
For all regular city positions new hires will be required to undergo a criminal
background check. A criminal background check will be required for temporary
positions requiring public security, administrative confidentiality, working with
youth, or cash handling.
Chapter 3.25 Selection
3.25.010 Selection devices.
3.25.015 Confidentiality.
3.25.020 Open competitive selection.
Supplement No. 97-1
07/97
City of Seward
3-21
!l 3.20.030
PERSONNEL
3.25.025 Promotional selection.
3.25.030 Method of rating.
3.25.035 Probationary period.
3.25.040 Temporary, seasonal/temporary and on-call/temporary appointments.
3.25.045 Emergency appointments.
3.25.050 Term appointments.
3.25.010 Selection devices.
The appointing authority, in conjunction with the department heads supervising the
positions, shall determine the selection device or devices to be used to obtain the best
qualified candidates for each class of positions. Soloction sevicos shall be bltilized
sopaFatoly or in v::lriobls Gombinations as appmpriate to the class ::lnd available manpower
rosources. Such selection devices may include work sample or performance tests,
practical written tests, individual physical examinations, background and reference inquiries
and evaluation of training and experience provided, however, that the city shall comply
with all applicable provisions of the Americans with Disabilities Act of 1990. (Ord.
437,1977; Ord. 95-05)
3.25.015 Confidentiality.
Selection material shall be kFlO'lln disclosed only to the city manager, personnel officer
and the concerned department head and supervisor. Every precaution shall be exercised
by all persons participating in the development and maintenance of selection materials to
maintain the highest level of integrity and confidentiality. (Ord. 437, 1977)
3.25.020 Open competitive selection.
Job vacancies not filled by promotion or reassignment shall be open to all city
employees in the c1assifios serviGe who meet the prescribed minimum qualifications for the
position. (Ord. 437,1977)
3.25.025 Promotional selection.
Promotional selection shall be open to all city employees in the c1assifiod sorvice who
meet the prescribed minimum qualifications for the position. (Ord. 437, 1977)
3.25.030 Method of rating.
The appointing authority shall establish a minimum or passing rating for each device
used in the selection process. The final rating shall be determined for applicants with
passing ratings in accordance with the weight established for each device as contained in
the job announcement. (Ord. 437, 1977; Ord. 95-05)
3.25.035 Probationary period.
A. Generally. All appointments from o\3on compotitive lists are subject to a
probationary period of six months prior to the acquisition of regular status. Probationary
employees must obtain at least a satisfactory performance rating at the completion of their
probationary period in order to obtain regular status. Probationary periods can be
Supplement No. 97-1
07/97
City of Seward
3-22
I
I
I
PERSONNEL
5 3.25.010
extended if deemed necessary by the employee's supervisor. New hires in
probationary status may be terminated at any time during their probationary period with no
recourse to the grievance procedure.
B. Reassiqned employee probationary. When an employee is reassigned to a position
in :3 class where he/she previously held regular status, no probationary period shall be
served for:3 ro:3sE:ignmont for disciplinary roasons. When an employee is reassigned to a
position where he/she did not hold regular status, the department head shall decide
whether a probationary period shall be served, subject to the approval of the city manager.
The employee concerned shall be notified in writing of the decision before reassignment is
accomplished and, in oithor caso, the anniversary dato shall remain unaffoctod.
C. Promoted employee probationary. When it becomes clear that an employee serving
a promotional probationary period is not performing adequately, the employee shall be so
informed in writing with a copy to the appointing authority. If reassignment is found to be
necessary, the employee shall be reassigned to a position in his/her previous class and
his/her anniversary date shall remain unaffected.
D. Reinstated employee probationary. An employee reinstated within two years of
termination shall not be required to serve a probationary period unless rehired into a
different-6la6& position than previously served or if the previous probationary period was
not completed. (Ord. 437,1977; Ord. 95-05)
E. Sworn officers of the Police Department. Sworn officers of the Police
Department are required to serve the probationary period established by the Alaska
Police Standards Council in addition to the probationary period established by the
City. These periods shall run simultaneously.
3.25.040 Temporary, seasonal/temporary and on-call/tempoF:3ry appointments.
A. Temporary appointments shall not exceed nine consecutive months. No temporary
employee shall work more than nine months in a calendar year. Consecutive nine month
appointments cannot be served over adjoining years without a break in service as defined
in !l3.01.035 of this code.
B. Seasonal appointments shall be made on a seasonal basis with the
expectation that the employee will return to their position consistent with the City' s
needs, although the hiring will be temporary pursuant to 53.25.040A. No employee
shall have the absolute right to continued employment in any particular position.
g C. Employees hired on a temporary or seasonal basis with prior city work status
may be given preference for re-employment on the recommendation of the department
head and approval of the city manager. Job announcements for temporary or seasonal
positions shall contain notice that persons with prior city work status may be accorded
preference for re-employment.
G D. Employees may be hired on an on-call/temporary basis upon the
recommendation of the department head and approval of the city manager. On-call
appointments may be for an indefinite duration. (Ord. 437, 1977; Ord. 587, !l2, 1987; Ord.
95-14)
Supplement No. 97-1
07/97
City of Seward
3-23
5 3.25.035
PERSONNEL
3.25.045 Emergency appointments.
The appointing authority may authorize emergency appointments not to exceed thirty
calendar days without recourse to usual certification procedures. Such appointments shall
be made only in cases of an unforeseen emergency and when necessary to prevent
impairment to city services. Emergency appointments are not entitled to any tFiRg&
benefits. (Ord. 437,1977; Ord. 95-05)
3.25.050 Term appointments.
The appointing authority, or a department head with the approval of the city manager,
may appoint term employees. A term employee is an employee in a position, full or
part-time, that is designed for a specified period of time of more than nine months and less
than two years for a specific purpose or project. A person hired for a term appointment
shall be hired under the same provisions and have the same benefits as a regular
employee, except that a term employee appointed to a position of less than one year shall
not accumulate annual leave or be authorized military, or education or maternity leave.
However, annual leave beFlefit& shall be paid credited retroactive to the date of term
appointment if a term employee is appointed as a regular employee without a break in
service as an employee of the city. (Ord. 92-18; Ord. 95-05; Ord. 95-14)
Supplement No. 97-1
07/97
City of Seward
3-24
I
I
I
PERSONNEL
~ 3.25.050
Chapter 3.30 Performance Evaluation
3.30.010 Purpose.
3.30.015 Administration.
3.30.020 Periods of evaluation.
3.30.025 Evaluator and form of evaluation.
3.30.030 Review of performance report.
3.30.035 Unsatisfactory evaluation.
3.30.040 Employee appeal procedure.
3.30.045 Disciplinary action.
3.30.050 Disciplinary action procedure.
3.30.055 Suspension without pay.
3.30.060 Reassignment for disciplinary reasons.
3.30.065 R03ssignment without projudico.
3.30.010 Purpose.
The primary purpose of the employee performance evaluation program is to inform
employees how well they are performing and to offer constructive criticism on how they can
improve their work performance. Performance evaluation shall also be considered in
decisions affecting salary advancement, promotions, reassignments, dismissals, order of
layoff, order of re-employment, placement and training needs. (Ord. 437, 1977)
3.30.015 Administration.
The appointing authority shall administer the evaluation of employee performance.
Administering the evaluation of employee performance shall include advising and assisting
employees, rating officers and reviewing officers to assure that performance evaluation
procedures are handled in accordance with the provisions stated in this chapter. (Ord.
437,1977; Ord. 610,1988; Ord. 95-05)
3.30.020 Periods of evaluation.
Each regular employee in tho classifiod sOI'\'ice shall have his/her performance
evaluated the following times:
1. End of probationary period. Each employee shall be evaluated approximately ten
days prior to the completion of his/her probationary period. The employee must have an
overall evaluation of at least "satisfactory" in order to become a regular employee.
2. Annual. Each employee shall receive an annual performance evaluation ono month
prior to on or near his/her anniversary date. The employee's performance must have
been satisfactory for at least six months immediately prior to his/her date of rating in order
for him to receive his/her step increase.
3. Special. A special performance evaluation sRa# may be completed wheneveF.
a,-there is a significant change either upward or downward in the employee's
performancei. A special performance evaluation shall be completed when
&.---a supervisor permanently leaves his/her position. The supervisor shall complete
a performance report on each employee under his/her supervision who has not been
Supplement No. 97-1
07/97
City of Seward
3-25
5 3.30.010
PERSONNEL
evaluated within six months prior to the date the supervisor is to leave his/her position.
(Ord. 437,1977)
3.30.025 Evaluator and form of evaluation.
A. Ratinq officer. The rating officer shall be the employee's immediate supervisor. The
rating officer shall be responsible for completing a performance evaluation on the form
provided and approved by the city at the time prescribed for each employee under
his/her supervision. In the case of unsatisfactory performance, the rating officer will
include written comments as to remedial actions required by the employee. The
completed evaluation shall be discussed with the employee, and the employee will
be allowed to add comments if desired. After the discussion is completed, both the
rating officer and the employee shall sign the completed evaluation form.
B. Reviewinq officer. The reviewing officer shall be the rating officer's immediate
supervisor. The reviewing officer shall review the performance evaluation report completed
by each rating officer under his/her jurisdiction before the report is discussed with the
employee. The reviewing officer shall consider the performance evaluations completed by
the rating officer when evaluating the rating officer's performance. The reviewing officer for
a department head acting as rating officer shall be the appointing authority. There shall be
no review of the appointing authority acting as rating officer.
C. FOrl'T'l of evaluation. The porformance ovah:lation form ghall be a lotter from tho
rating officer which gtatos that the omployoo'g porformanGo has beon 9iscussed with tho
omployoe. This lotter 'Nill be si€)nod by the rating officer and tho omployoo. The lettor will
bo aCGepte9 a& e'li9once of &atisfactory porformanGo.
The only 9ovi::1tion fFOm this procodur.e will bo in tho caso of outstanding or
Llnsatisfactory performanGo. Performance of this natl:lro 'J/ill be explaineEl in fl:Ill. In the
case of 1:1 RS::ltisfactory performanGe, the rating officer will al&o mako writton Gomment a& to
romodial action ::lnd tho ornployee will bo allowod to add Gommonts. (Ord. 437,1977; Ord.
468, 1978; Ord. 95-05)
3.30.030 Review of performance report.
The rating officer shall discuss the performance evaluation report with the employee
before the report is made part of the employee's permanent record personnel file. Before
discussing with an employee a performance evaluation report recommending the denial of
a step increase or the grantin€) of more thaR ORe step inGrease, the rating officer shall
discuss the report with the reviewing officer and the appointing authority. (Ord. 437,1977;
Ord. 95-05)
3.30.035 Unsatisfactory evaluation.
Employees who receive an overall rating of "unsatisfactory" on their annual evaluation
shall not be eligible to receive a step increase (see !!i3.15.035). (Ord. 437, 1977)
3.30.040 Employee appeal procedure.
See Chapter 53.40, grievance procedure. (Ord. 437, 1977)
Supplement No. 97-1
07/97
City of Seward
3-26
I
I
I
PERSONNEL
S 3.30.025
3.30.045 Disciplinary action.
All employees shall be informed of standards of performance and personal conduct of
city employees in various positions. Employees shall be acquainted with the various
provisions of disciplinary action regulations. All city employees shall have in their
possession a copy of an up-to-date personnel regulations manual. A copy is always
available in the personnel officer's office. (Ord. 437, 1977)
3.30.050 Disciplinary action procedure.
A. All disciplinary actions, except oral admonitions, shall be documented in writing and
presented to the employee and placed in the employee's personnel file. The letter shall be
reviewed with the employee and sincere efforts shall be made to obtain agreement with the
employee that facts are stated correctly, that the inappropriate or incorrect behavior did
occur, that it did represent behavior that should be disciplined, that the discipline is
appropriate and that the behavior will not be repeated. If errors are found, the letter shall
be redone and again reviewed. Comments of the employee shall be entered under that
heading. He/She shall be requested to sign the memo and informed that his/her signature
indicates only hislher agreement that the memo accurately records the discussion. If
he/she refuses to sign the memo, the statement shall be entered:
"(Employee's Name) read the contents on (date) and refused to sign."
B. One copy of each completed report shall be forwarded immediately to the city
manager's office for review and inclusion in the employee's personnel file. A copy shall be
given to the employee. The supervisor may, if necessary, complete reviews of the
employee's progress in correcting the cause of the original action at scheduled intervals
throughout the following twelve months. These reports shall be made in writing. Upon
request ofthe employee, +- twelve months from the date of the action concerned, the city
manager shall review the disciplinary action and if no subsequent report of similar
violations has been made, the department head shall be notified to return department and
division copies to the affected employee. The original shall be sealed in a confidential
envelope and replaced in the employee's personnel file. The envelope shall not be
referred to again unless there is a later occurrence requiring further discipline. (Ord.437,
1977)
3.30.055 Suspension without pay.2
Except as this section provides otherwise, the appointing authority, or a department
head with prior approval of the city manager, may suspend an employee without pay (i) for
cause for a period not to exceed thirty calendar days in any calendar year or (ii) while
disciplinary charges against the employee are pending final disposition. A suspension
shall be recorded in writing and a porE;onnol ovaluation roport E;hall bo complotod for :my
E;uE;pondod omployoo. Both All documents shall be reviewed with the employee
2See !!l3.55.020, Dismissal for disciplinary reasons
Supplement No. 97-1
07/97
City of Seward
3-27
5 3.30.050
PERSONNEL
immediately after preparation if possible. Following this action, a copy shall be given to the
employee and a copy forwarded immediately to the appointing authority. (Ord. 437,1977;
Ord. 94-01; Ord. 95-05)
3.30.060 Reassignment for EliscipliRary reasons.
An appointing authority may reassign an employee for any reasonable administrative
reason, for disciplinary reasons in accordance with other provisions of these regulations,
or upon the request of the employee. Reassignment for disciplinary reasons is
considered as a more moderate penalty than dismissal and may be offered in lieu thereof,
as approved by the city manager, when mitigating circumstances warrant such leniency
(see also ~3.15.045 3) (Ord. 437,1977)
d.30.06!5 Roassignmont withol::lt prejl::ldice.
3.dO.06!5 Roassignmont withol::lt prejudice.
Roassignmont without prejl::Jeice shall not bo eonsiderm:l a pl::lnitive action. /\1'1
appointing authority may reassign an employoe in accordance with other provisions of
theso regl::llations for any of tho following reasons:
1. iRability to perform dl::lties adoql::lately for reasons that are the fault of the eml'lloyee
such as physical or functional disability, laek of necessary qualifications or lack of aptitude;
2. layoff bocal::l€o of lack of work or funds or abolition of positions. When employeos
am bid off, tho appointing authority shall eonsidor tho advisability of r.eassigning them to
vacant positions in lower elassifications for which they am ql::lalifiod;
3. personal masons. There am a variety of masons why an omployeo might '....ish to
",:ork in a position on a 1000\'er 10'/01 class, sl::lch 3S pen;onality GonfliGts and being I'llaceEl in a
now class sories whom now oxperienGo and gmator Iikolihood of advanGoment am
availablo (seo also !!d.1!5.01!5 d.). (OrEl.1d7, 1977)
Supplement No. 97-1
07/97
City of Seward
3-28
I
I
I
PERSONNEL
S 3.30.065
Chapter 3.35 Employee Development
3.35.010 Purpose.
3.35.015 Development and administration.
3.35.010 Purpose.
The purpose of the employee development program shall be to foster and promote the
training and development of employees in order to:
1. improve the quality of services to the city;
2. equip employees for career advancement within the city service;
3. provide a reservoir of occupational skills necessary to meet current and future
employment needs. (Ord. 437,1977)
3.35.015 Development and administration.
A. The city manager shall have overall responsibility for the development,
administration and coordination of the employee development program and shall:
1. assist the department heads in developing and implementing employee
development programs to meet the current and future needs of their departments and to
increase employee efficiency;
2. conduct or coordinate employee development programs to meet the common
needs of all departments;
3. maintain a file of current information and materials on job requirements, training
opportunities, employee development manuals and other employee development literature;
4. maintain a record of all training conducted and ensure that authorized employee
development programs are properly administered;
5. periodically analyze and evaluate the overall development needs of employees
within the city service;
6. assure that all employees receive equal consideration for appropriate training
opportunities;
7. assure that employee personnel files are updated upon successful completion of
any employee development activities to insure maximum consideration for placements,
transfers and promotions.
B. Department heads shall provide active leadership in developing the employees
under their supervision. In this capacity, they shall:
1. cooperate closely with the city manager in determining the current and future
employee development needs in the department;
2. participate with the city manager in developing and implementing employee
development programs;
3. budget sufficient funds to secure needed career development programs;
4. evaluate the effectiveness of completed career development programs and
make recommendations for improvement where appropriate;
5. assure that employees are provided with sufficient time to participate in career
development programs. (Ord. 437, 1977)
Supplement No. 97-1
07/97
City of Seward
3-29
5 3.35.010
PERSONNEL
Chapter 3.40 Grievance Procedure
3.40.010 Policy.
3.40.015 Supervision of grievance procedure.
3.40.020 Definition of a grievance.
3.40.025 Discussion of a problem with supervisor.
3.40.030 Grievance procedure steps.
3.40.035 Employee representation.
3.40.040 Disciplinary action.
3.40.045 Violation of grievance procedure.
3.40.050 Time limits.
3.40.055 Extension of time limits.
3.40.060 No discrimination or reprisals.
3.40.010 Policy.
It is the policy of the city of Seward to treat all employees equitably and fairly in matters
affecting their employment. Each employee of the city will be provided ample opportunity
to understand and resolve matters affecting employment which the employee documents
as being a violation of rules and regulations. The presentation of any grievance shall be
the right of each employee without fear of reprisal. (Ord. 437, 1977)
3.40.015 Supervision of grievance procedure.
The appointing authority shall oversee the handling of all employee grievances so that
they are processed in accordance with the procedures stated in this chapter. Supervisors
and department heads shall keep the appointing authority informed of all grievances in
progress. (Ord. 437, 1977; Ord. 610, 1988; Ord. 95-05)
3.40.020 Definition of a grievance.
A grievance is a written complaint by the employee or group of employees alleging a
violation of a section or sections of the city charter, city code, personnel rules and
regulations, or departmental rules and regulations, which pertain to the terms or conditions
of such employment by the city of Seward. (Ord. 437,1977)
3.40.025 Discussion of a problem with supervisor.
Any employee having a problem regarding employment shall first and promptly discuss
the problem with the immediate supervisor. Ifthe problem is not settled and the problem is
defined as a grievance, the employee has the right to present the grievance in accordance
with the procedure outlined in !ii3.40.030. (Ord. 437, 1977)
3.40.030 Grievance procedure steps.
A grievance shall be handled in the following manner:
Step 1. The aggrieved employee or group of employees shall present the grievance
orally to the immediate supervisor within five working days of its occurrence, not including
the day of the occurrence. Pre-grievance discussion required in 53.40.025 will not
Supplement No. 97-1
07/97
City of Seward
3-30
I
I
I
PERSONNEL
!i 3.40.010
extend the five day period. The supervisor shall give an oral reply within three working
days of the date of presentation of the grievance, not including the date of presentation.
Step 2. If the grievance is not settled in Step 1, it shall be prepared in detail, shall be
reduced to writing, dated, signed by the aggrieved employee or group of employees and
shall be presented to the department head within five working days after the supervisor's
oral reply is given. The department head shall reply in writing to the grievance within five
working days of the date of the presentation of the written grievance, not including the day
of the presentation.
Step 3. If the grievance of an employee or group of employees in the city clerk
department is not settled at Step 2, the employee or group of employees shall proceed
directly to Step 4. If the grievance of any other employee or group of employees is not
settled in Step 2, the written grievance shall be presented along with all pertinent
correspondence, records and information accumulated to date to the city manager within
five working days after the department head's response is given, not including the day the
response is given, with a copy going to the department head. The city manager may meet
with the aggrieved employee or group of employees, the immediate supervisory personnel
and the department head. The city manager shall reply to the grievance in writing within
five working days of the date of presentation of the written grievance. not including the day
of presentation.
Step 4. a. If not satisfied with the decision of the appointing authority in the
preceding step, an employee or group of employees may request a hearing before an
appeal board by submitting a request for a hearing to the appointing authority within five
working days after receiving the decision from which the appeal is taken, not including the
day the decision is received. The appeal board shall consist of three people chosen from a
list of available local representatives of management and labor who are not city of Seward
employees or elected city officials. The appointing authority will select one person from the
list, the employee shall select one person from the list and the third person shall be
mutually agreed upon. In the event of inability to agree on a third member, the employee
and appointing authority will alternately strike names from the list until only one name
remains. The remaining name will be the third board member. The employee will be given
the first opportunity to strike a name from the list. The appeal board will agree to designate
one of its members as chairman.
b. The board shall conduct the hearing expeditiously and in a manner to obtain a
clear understanding of the facts. The procedure shall be informal. Technical rules
regarding evidence and witnesses do not apply. Witnesses will be considered on duty
status if they would otherwise be on duty at the time of the hearing. Witnesses shall be
encouraged to express themselves fully without fear of intimidation or reprisal. The
hearing shall be recorded.
c. The board shall submit a written report of its findings and determinations to all
interested parties within five working days after hearing testimony. The decision of the
board is the final step within the administrative process of the city of Seward. (Ord.437,
1977; Ord. 95-05)
3.40.035 Employee representation.
Supplement No. 97-1
07/97
City of Seward
3-31
S 3.40.035
PERSONNEL
Each employee shall be afforded an opportunity to be represented at each ofthe above
steps. At Stops 1 ana/or 2 of tho grievance I3I'OGeal:lro, the employee may be aGGOmf>l:mied
by a representative of his choice who shall bo any other fl:lll time omployoo of the city. At
Stops a and/or 4 of the grie'l(lI'lGe I3r:oGodure, the eml3loyoo may be aCGoml3aAiea by a
representative of his/her or l:Ier choice. Employees shall contact and discuss their
problems with their representative only during break periods, lunch hour, before or after
work or at any other time when they are not on duty. However, grievance hearings may be
held during work hours. (Ord. 437, 1977)
3.40.040 Disciplinary action.
All appeals from disciplinary action shall be initiated at Step 3 of the grievance
procedure. (Ord. 437,1977)
3.40.045 Violation of grievance procedure.
Any employee who takes omployment problems a grievable issue outside the city
without first attempting to resolve said problems in accordance with the grievance
procedure shall be subject to disciplinary action. However, nothing in this chapter shall be
deemed to revoke any legal means of redress to the courts. (Ord. 437, 1977; Ord. 610,
1988)
3.40.050 Time limits.
A. If the grievance procedures are not initiated within the time limits established by this
chapter, the employee shall be considered as having waived his/her right to grieve the
particular violation and initiation of a grievance for the same act or omission is thereafter
barred.
B. Any grievance not taken to the next step of the grievance procedure within the time
limits established by this chapter shall be considered settled on the basis of the last reply
made and received in accordance with the provisions of this chapter.
C. If the city fails to meet or answer any grievance within the time limits prescribed for
such action by this chapter, such grievance shall automatically advance to the next step. #
the Gity fails to meot or answer any grievanGe at Step 4 of the grio'Jance woceauro within
tho timo limits woscribod for sl:lGh aGtion by this chal3tor, it shall bo Eloomed that the Gity
has considered the grievanGe to Be in favor of tl:le grievant ana shall rosolvo the mattor
accordingly. (Ord. 437,1977; Ord. 610,1988)
D. If the grievance hearing before the appeal board under step 4 of the grievance
procedure is not held within ninety days from the date of the hearing request, the
grievance shall be considered abandoned and the matter shall end, except if failure
to hold the hearing is caused by the City's refusal to meet at any time during that
period, it shall be deemed that the City has considered the grievance to be in favor of
the grievant and shall resolve the matter accordingly.
3.40.055 Extension of time limits.
Supplement No. 97-1
07/97
City of Seward
3-32
I
I
I
PERSONNEL
S 3.40.055
The time limits prescribed in this chapter for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties so involved.
Likewise, any step in the grievance procedure may be eliminated by mutual consent.
Mutual consent shall be indicated in writing and shall be signed by all parties. (Ord.437,
1977; Ord. 610,1988)
3.40.060 No discrimination or reprisals.
Employees are entitled to have grievances resolved without fear of recrimination or
penalty. Employees shall be free from interference, restraint, coercion, discrimination or
reprisal in utilizing or for utilizing the grievance procedures contained in this chapter.
Employees shall be free from interference, restraint, coercion, discrimination or reprisal in
testifying in a grievance procedure conducted under this chapter. (Ord. 437, 1977; Ord.
92-23)
Supplement No. 97-1
07/97
City of Seward
J-33
S 3.40.060
PERSONNEL
Chapter 3.45 Annual Leave
3.45.010 Annual leave entitlement.
3.45.015 Annual leave accrual rate.
3.45.020 Leave accrual while employee is on paid leave.
3.45.025 Computation of leave accrual for pormanont regular part-time employees.
3.45.030 Temporary appointment leave accrual.
3.45.035 Maximum hours which may be accumulated.
3.45.040 Annual leave use.
3.45.045 Exceptions.
3.45.050 Cash-in-lieu-of annual leave.
3.45.055 Disposition of <lccrued annual leave balance upon separation.
3.45.060 Reinstated employee leave.
3.45.065 Military leave.
3.45.070 Jury leave.
3.45.075 Leave without pay.
3.45.080 Change of anniversary date due to leave without pay.
3.45.085 Unauthorized leave.
3.45.090 Education leave with pay.
3.45.095 Family and medical leave.
3.45.010 Annual leave entitlement.
Classified Regular employees shall be entitled to leave accrual benefits. Leavo
provisions of thoE:o regulations are applicablo to th€l appointive officors, city manager and
city clerk (Ord. 437,1977)
3.45.015 Annual leave accrual rate.
A. Annual leave shall accrue at the following rates for full-time personnel based upon
initial dato of employment continuous length of service:
1. For personnel omployed up to with less than three years of service, the accrual
rate shall be thirteen and one-third hours per month of service or one hundred sixty hours
per year;
2. For personnel omployoa fr-om with three to six years of service, the accrual rate
shall be sixteen and two-thirds hours per month of service or two hundred hours per year;
and
3. For personnel omployed with six years of service or more, the accrual rate shall
be twenty hours per month of service or two hundred forty hours per year.
B. Within the discretion of the city manager, annual leave accrual for department
heads may be increased at the time of initial appointment by applying s3.45.015(A)2
in place of s3.45.015(A)1. A department head initially hired with leave established
under S3.45.015(A)2 may achieve leave under s3.45.015(A)3 after three years of
service.
Supplement No. 97-1
07/97
City of Seward
3-34
I
I
I
PERSONNEL
~ 3.45.010
Be. No leave request will be honored unless it is determined that the employee has a
sufficient annual leave accruod balance. It will be the decision of the city manager to
grant leave without pay. (Ord. 437,1977; Ord. 612, 3,1989; Ord. 92-11)
3.45.020 Leave accrual while employee is on paid leave.
Leave continues to accrue during the period of time an employee is on paid leave.
Leave does not accrue during periods of leave without pay nor during a poriod of torminnl
leave. (Ord. 437,1977)
3.45.025 Computation of leave accrual for permanont regular part-time employees.
Regular part-time employees shall accrue leave at the same rate as regular full-time
employees, except that leave shall be in the proportion of actual hours worked to the
number of normal duty hours in a month for a full-time employee. (Ord. 437, 1977)
3.45.030 Temporary appointment leave accrual.
Temporary appointments shall not accrue leave. (Ord. 437, 1977)
3.45.035 Maximum hours which may be accumulntod in annual leave balance
The maximum leave which may be accumulatod in annual leave balance is 720 hours.
3.45.040 Annual leave use.
A. Timinq of use. Employees who are entitled to accrue annual leave upon
satisfactory completion of their initial probationary period shall receive credit for annual
leave accrued since date of appointment. Leave shall be due and usable upon completion
of probationary period.
B. Reqular use of annual leave. Annual leave may be used for any purpose desired by
the employee. The employee has the right to determine when he/she shall use it. He/She
shall be allowed to use any amount of nccruod annual leave at the time he/she desires
that will not be detrimental to departmental operations, as determined by the department
head. Tho longor the period of loavo roqum:tod, the longer shall bo tho ndvanco notico to
onnblo schoduling. When the need for annual leave is foreseeable, annual leave
should be requested on the proper form at least thirty (30) days in advance. If the
exact date upon which annual leave will be commenced cannot be precisely
determined, or if the need for annual leave is not foreseeable, notice must be given
as soon as practical under the circumstances. lfthe employee desires to change or
extend the dates of scheduled annual leave, the employee shall notify employee's
immediate supervisor as soon as possible. Requests for changes or extensions of
leave other than for FMLA leave may be denied unless adequate notice is provided.
C. Amount of leave which must be taken yearly. 1. The minimum numbers of hours of
annual leave that must be taken yearly are as follows:
a. For personnel omployod up to with less than three years of service, eighty
hours of leave must be used;
b. For personnel omployed from with three to six years of service, one hundred
hours of leave must be used;
Supplement No. 97-1
07/97
City of Seward
3-35
S 3.45.020
PERSONNEL
c. For personnel employed with six years of service or more, one hundred
twenty hours of leave must be used.
d. These limitations shall not apply to new employees until ~ January 1 of the
second calendar year following date of hire.
2. It shall be the responsibility of the department head to see that each employee
under his/her supervision has taken the minimum annual hours of leave required by this
section. The department head shall provide in writing to the city manager the reasons an
employee in his/her department failed to take the minimum annual leave hours required.
Such letter shall be made a part of the personnel file of the employee in question. The city
manager may waive these leave use requirements.
D. Recoqnized holiday occurrinq durinq annual leave time. A recognized holiday
occurring during an employee's annual leave shall not be counted as a day of annual.
leave.
E. Use of ::mnualleave for illness. Medical Certification
1. Extondod sick \oavo. Accruod :mnualleave may be usod whon the omployee is
sick or injurod while not in work statl:ls. Extoneed 3osonco on sick leavo, three or more
consocl:lti'lo work days missod due to jllAoss, hospital or modical oeservation ortreatmont
may be requirod to 130 certifiod 8ya physician, surgoon, psychiatrist, dentist or othor such
licensed profossional person. When, because of a serious health condition of the
employee or the employee's family member as defined in the FMLA and FMLA case
law, the employee seeks annual leave the city reserves the right to require the
employee, at employee's own expense, to obtain medical certification of the need for
or duration of leave on a form provided by the city. The city may request a medical
certification, in writing, (a) within two business days after the employee gives notice
ofthe need for leave, (b) within two business days after leave commences if no prior
notice was given by the employee, or (c) when the city has reason to question the
appropriateness of the employee's use of annual leave or the duration of annual
leave being used.
2. When a medical certification is requested by the city, the employee must
provide said certification within fifteen (15) calendar days unless it is not practical to
do so despite good faith efforts on the part of the employee.
3. If the city questions the adequacy of a medical certification the city can, at
its own expense, require a second opinion by a health care provider of its choice. If
the first and second opinions conflict, the city can require, at its expense, a third
opinion from a health care provider agreed to by both the city and the employee.
The third opinion is binding.
4. If a medical certification is requested by the city but is not submitted by the
employee within the time frame specified above, or if the medical certification does
not substantiate the need for leave and/or the duration of leave taken, the employee
will not be considered to be on FMLA leave and may be subject to disciplinary action
for failing to receive prior approval for leave without pay. Pending receipt of the
Supplement No. 97-1
07/97
City of Seward
3-36
I
I
I
PERSONNEL
S 3.45.040
second and/or third opinion, if any, the employee is provisionally entitled to annual
leave.
5. a. The city may require, at the employee's expense, recertification every
thirty (30) days for pregnancy or chronic or permanent conditions under the
continuing supervision of a health care provider. Ifthe circumstances described by
the previous certification have changed significantly or the city receives information
that casts doubt upon the employee's stated reason for the absence in which case
the city may seek recertification at the employee's expense more often.
b. If the original certification states a minimum period that an absence will
be required, the city may not request recertification until that period has passed
unless the employee requests an extension of leave, circumstances described by the
previous certification have changed significantly, or the employer receives
information that casts doubt upon the continuing validity of the certification.
c. The employee must provide a required recertification within fifteen (15)
calendar days unless it is not practical under the circumstances to do so despite the
employee's good faith efforts.
6. Fitness for duty certifications. If an employee is absent for more than three
(3) consecutive work days due to a serious health condition, a fitness-for-duty
certificate completed by the employee's health care provider may be requested upon
return to work.
2. durinq workmon's componsation 100'10.
1. /\n omployoe injures in the lino of duty sh311 be ontitlod to v:ithout sesuction from
accruod loavo for up to six .....ooks. If an eR'll'3leyee rec:;eives such P3Y during the tiR'le he is
alw reooi'.'ing workR'len's Gompens3tion, ho shall return his full workmen's componsation
paymont to tho oity until such timo that ho is no longor rec:;eiving city P3Y, oxooJ)t l'3ay
recoi'lod by uso of annualloa'.'o.
2. .^.ftor six 'Noeks h3ve oxpired, tho eR'lJ)loyee n:l3Y use 3nnualloavo. While on
annual 100'10, tho omployoo will rot3in his workmon's oompons3tion bonofits. I\fter 311
annuall03vo has oxpirod, tho omployoo .....iII reooive only workmon's compons3tion 100'10.
All fringo bonofits will continue to 3ccruo. This is to be in effoct until a doctor's statomont is
submitted 3dvising that tho oml'3loyee is physically fit and oapable to porform his job
doscription.
~. F. death in immediate familv. Accruod annual leave not to excood ton days may be
used upon the death of members of the immediate family of the employee. Leave
without pay up to 10 days will be granted and may be extended with approval by the
city manager. As related to this section, "immediate family" means the following: spouse,
father, mother, brother, sister, son, daughter, grandfather and grandmother. (Ord. 437,
1977; Ord. 468, 1978; Ord. 92-11)
3.45.045 Exceptions.
Whenever, in the opinion of the city manager, it is not feasible nor in the best interest of
the city service to grant leave to any employee, such employee shall not be penalized by
loss of earned annual leave and the limitations of aoorues le3vo accumulation Sh311 bo
tomporarily
Supplement No. 97-1
07/97
City of Seward
3-37
S 3.45.040
PERSONNEL
Sl,JSflOnded in such cases. The decision of the city manager shall govern as to the future
expenditure of such leave. (Ord. 437, 1977)
3.45.050 Cash-in-lieu-of annual leave.
A. Any employee who has accrl:led a balance of more than two hundred forty hours of
annual leave may submit a request to cash-in any number of acerl::lod annual leave hours
at the employee's Cl,Jrrent regular rate of pay so that the balance of remaining leave does
not reduce the accrl,Jed leave balance amount below two hundred forty hours. An
employee may submit such leave cash-in requests no more than twice in any given fiscal
year.
B. The leave use requirements as stated in [:;3.45.040 are not diminished or alleviated
by cash-in of accrl::leg annual leave.
C. In documented cases of unforeseen financial emergencies, consistent with city
policies of deferred compensation cash-in, the city manager may authorize the city to
purchase an employee's aeerl,Jeg annual leave at hislher curr.ont regular rate of pay,
provided that in no case shall a cash-in be allowed to reduce an employee's accrl,Jed
annual leave balance below eighty forty hours.
D. Donation of annual leave to another employee will be allowed in cases of serious,
unforeseen medical emergency circumstances and upon approval by the city manager.
The value of the donated leave time will be computed at the regular rate of pay of the
donating employee and converted into hours of equal value based,upon the regular rate of
pay of the receiving employee. All guidelines set forth by the city manager shall be
observed. (Ord. 572, 1986; Ord. 93-24; Ord. 96-14)
3.45.055 Disposition of acerl,Jed annual leave balance upon separation.
Upon separation during initial probation, accn:lOd annual leave shall not be granted nor
paid to the employee. In other separations, acerl,Jeg the annual leave balance shall be
paid in a lump sum based on the employee's regular rate of pay. The salary or hOl,Jrly
rate to Be l,Jseg in cOFApl,JtinQ tt:le cash f'}ayment shall Be that rate which is Bein€) r:ecoivog
by the oFAflloyeo on gato of af'}fllieatioR for €lash f'}aYFTlont or resignation/soparation notice is
signed by tho oFAf'}loyee. (Ord. 437,1977)
3.45.060 Reinstated employee leave.
Reinstated employees hired within two years of termination, who have had at least one
year of total service and who have successfully completed their probationary period in
previous service, shall be permitted to use their acerued annual leave immediately witt:lol::lt
ha'/ing to wait one year froFA latest rehire gate. (Ord. 437, 1977)
3.45.065 Military leave.
Absence from city duty for the purpose of participating as a member of a United States
reserve component, either in active military service of the state or in military training, is
authorized and will be treated administratively (in the case of the employee who has
completed probationary service) in such manner that the individual will not suffer a
decrease in income or a loss of benefits during the first thirty days of the military active duty
Supplement No. 97-1
07/97
City of Seward
J-38
I
I
I
PERSONNEL
S 3.45.055
or training period. The city manager will be provided with a copy of the individual's orders
to duty. The absence will be recorded during the first thirty calendar days as administrative
leave without charge to annual leave. For not to exceed this period, the city will pay the
difference between the amount paid by the military, excluding allowances, and the sum the
employee would have received for city work during the same period at the regular rate. An
employee called to active duty for a period exceeding thirty calendar days shall be granted
a leave of absence without pay for a period terminating ninety calendar days beyond
termination of such active duty. (Ord. 437, 1977)
3.45.070 Jury duty leave.
Jury duty shall be treated as administrative leave from city duty without loss of
longevity, leave or pay. Service in court when subpoenaed as a witness on behalf of the
city, or when called as an expert on a matter of city concern, or relating to a municipal
function, will be treated the same as jury duty. In order to be entitled to jury leave, the
employee shall provide the department head with written proof of the requirement of
his/her presence for the hours claimed. Fees paid by the court (other than travel and
subsistence allowance) will be turned in for 8of3asit to the city!s goner31 fund, except that
fees paid for court duty which occurs on the employee's normal non-work days may be
retained by the employee. Witness service for the purpose other than just described will
be covered by annual leave or leave without pay and any fees received in this connection
may be retained by the individual. (Ord. 437, 1977)
3.45.075 Leave without pay.
A. Purpose and conditions. Leave without pay may be granted to an employee
upon recommendation of the department head and approval of the city manager. Each
request for such leave shall be considered in the light of the circumstances involved and
the needs of the org::miz3tion city. Leave without pay shall not be requested nor granted
until such time as all accruod annual leave has been exhausted, except when an employee
is absent and drawing workman's workers' compensation pay. Normally, not more than
sixty calendar days leave without pay may be granted for personal reasons. No benefits
will accrue while on leave without pay except medical insurance which will continue to be
paid as long as the employee is employed by the city.
B. Education leave without pay. Leave without pay may be granted to an employee
for training in subjects related to his/her public service. Employees who have
demonstrated above average performance with the city for a minimum of two years of
service shall be considered for such leave, providing the work situation permits a
temporary absence without serious effect upon the department's schedule of activities. A
maximum of ninety days leave may be granted in such cases. No benefits shall accrue
while on this type of leave without pay, except medical insurance, which will continue to be
paid as long as the employee is employed by the city.
C. Famil',' and/or modical 103'10 without pay. Employee€: roqllocting bmily and/or
modic31 103'10 undor st3tO and fedorallaw 3m roquirod to comply with tho roquiromonts
cont3ined in ~ d.4 5.095. C. Notice Employees seeking leave without pay for any
reason are required to request such leave at least thirty (30) days before the leave
Supplement No. 97-1
07/97
City of Seward
3-39
5 3.45.075
PERSONNEL
without pay is to begin if the need for leave is foreseeable. If thirty (30) days notice
is not practical, notice must be given as soon as possible under the circumstances.
If employee desires to change the dates of scheduled leave without payor extend
the period of leave without pay, the employee shall notify employee's immediate
supervisor as soon as possible. Requests for changes or extensions of leave other
than for FMLA-qualifying leave may be denied at the sole discretion of the city
manager.
D. Eml'lloyoes seoking family anG/or meGical leavo beyond that roqblireG ey
state/foGomllaVJ and eFFll'lloyees sooking l::Inpaid leavo for any other mason am mquireG to
reGll::lost sblQh loa':e at least thirty days bofore tho l::Inl'laid lea':o is to Bogin if tho need for
loa'/o is foreseeable. If thirty E1ays netiQe is not pFaotioal, AotiQe FF1l::Jst 1:>0 €liven as soon as
possible.
D. When, because of a serious health condition of the employee or the
employee's family member as defined in the FMLA, the employee seeks leave
without pay the employee must comply with the medical certification requirements
contained in 53.45.040.
E. The city may mquir.o, at its eiscretion, that a roquest for l::Inpaid modical leave
beyonG that roquired by state and/or foderallaw Be sUPl'lortod tly a certification issl::led by
tho health caro provider of the employoo or tho employoo's ill family momtlor. (Ord.437,
1977, Ord. 92-21, Ord. 94-21)
E. Fitness for duty certifications. An employee who takes leave without pay for a
serious health condition shall comply with the fitness for duty certifications
requirements contained in 53.40.040.
3.45.080 Change of anniversary date due to leave without pay.
If an employee uses more than thirty calendar days total leave without pay during
his/her leave year, his/her anniversary and length of service dates shall be advanced by
the number of days such leave without pay exceeds thirty. (Ord. 437, 1977)
3.45.085 Unauthorized leave.
Any absence not authorized and approved in accordance with provisions of these
regulations shall be without pay for the period of absence and shall be grounds for
disciplinary action. (Ord. 437.1977)
3.45.090 Education leave with pay.
Leave with pay, not to exceed three months, may be authorized to include time to
complete advance training programs. Employees who have demonstrated above average
performance with the city for a minimum of two years of service (omployeos of police aAd
firo Elepartments shall be oli!'}iele after a miniml::lm of one year) shall be considered for such
leave, providing the work situation permits a temporary absence without serious effect
upon the department's schedule of activities. Should an employee terminate prior to
working one year after completion of the approved training program, the employee will be
Supplement No. 97-1
07/97
City of Seward
]-40
I
I
I
PERSONNEL
5 3.45.085
subject to forfeiture of accumulat9d annual leave or salary in the amount equal to salary
paid to the employee during the training program. (Ord.437, 1977)
3.45.095 Family and medical leave.
A. Generallv. Family and medical leave will be provided as required by state and
federal law and case law in effect at the time that the employee requests family andfel::
medical leave. Eligible employees are entitled, pursuant to state and federal law, to
take FMLA leave: (1) for the birth of a child of the employee, the adoption of a child
by the employee, or for the placement of a foster child with the employee; (2) to care
for the employee's spouse, son, daughter, or parent with a serious health condition;
or (3) because of a serious health condition that makes the employee unable to
perform the functions of the employee's job.
B. Substitution of annual leave. An eligible employee taking family and/or medical
leave under state and federal law for any reason is required to substitute 3ccruod annual
leave for such leave until all accruQd annual leave is exhausted. Once accrued annual
leave is exhausted, any remaining period of family and/or medical leave will be leave
without pay.
C. Calculatinq entitlement. State and fed9rallaw entitles an eligible employee to take,
for certain qualifying reasons up to eighteen workweeks of medical leave in a 24-month
period and eighteen workweeks of family leave in a 12-month period. An eligible
employee's FMLA leave entitlement will be calculated using a rolling entitlement
period measured backward from the date the leave is used.
D. Employooc raquocting family and medical lea\,Q am raquirod to comply 'Nith the
thirty day notico raquiramont, the certific3tion rQquirQmont and othor raquiramonts of thQ
Fodoral Family and Medical L9aVQ ^ct whon such roquiromontc ara 3pplic3blo.
D. Notice. When an employee is required to substitute annual leave for unpaid
FMLA leave the employee shall comply with the notice requirements found in
53.45.040. When an employee intends to use unpaid FMLA leave the employee shall
comply with the notice requirements found in 53.45.075.
E. Medical certifications. When, because of a serious health condition of the
employee or the employee's spouse, son, daughter, or parent, the employee (a) is
required to substitute annual leave for unpaid FMLA leave, or (b) seeks to use
unpaid FMLA leave, the employee must comply with the medical certification
requirements contained in 53.45.040.
F. Fitness for duty certifications. An employee who takes paid or unpaid FMLA
leave for a serious health condition shall comply with the fitness for duty
certification requirements contained in 53.45.040.
G. Benefits durinq unpaid FMLA leave. While an employee is on unpaid
family/medical leave, no benefits will accrue except h031th medical insurance, which will
continue to be paid as long as the employee is employed by the city. (Ord. 437,1977;
Ord. 94-21)
Supplement No. 97-1
07/97
City of Seward
3-41
Ii 3.50.010
PERSONNEL
Chapter 3.50 Holidays "'.lith Pay
3.50.010 Recognized city holidays.
3.50.015 Holiday falling on a Saturday or Sunday.
3.50.020 Holiday during annual leave.
3.50.025 Holiday falling between two days of leave without pay.
3.50.030 Computation of holiday pay for regular part-time employees.
3.50.010 Recognized city holidays.
The following holidays shall be recognized as holidays with pay for all employees in
regular full-time, regular part-time and trainee positions who are in pay status the day
before and the day after the recognized holidays:
New Year's Day; President's Day; Seward's Day; Memorial Day; Independence
Day; Labor Day; Alaska Day; Veteran's Day; Thanksgiving Day and the day
immediately following Thanksgiving Day; one-half working day immediately
preceding Christmas Day and Christmas Day. (Ord. 437, 1977; Ord. 609, 1988;
Ord. 92-25)
Regular full-time employees shall be paid eight hours at their current rate of pay
for each holiday.
3.50.015 Holiday falling on a Saturday or Sunday.
When a recognized holiday falls on a Saturday, the preceding Friday shall be
recognized in lieu thereof and treated as a holiday with respect to overtime compensation.
When a recognized holiday falls on a Sunday, the Monday following shall be recognized in
lieu thereof and treated as a holiday with respect to overtime compensation. (Ord.437,
1977)
3.50.020 Holiday during annual leave.
A recognized city holiday which occurs during an employee's annual leave shall not be
counted as a day of annual leave. (Ord. 437, 1977)
3.50.025 Holiday falling between two days of leave without pay.
A holiday occurring between two days of leave without pay shall not be paid. (Ord. 437,
1977)
3.50.030 Computation of holiday pay for regular part-time employees.
A Regular part-time employee shall be paid based on their position's percentage of
a full-time position for tho aetual hOl:lrs he would h::wo normally worko9 on that particular
day. (Ord. 437, 1977)
Supplement No. 97-1
07/97
City of Seward
3-42
I
I
I
PERSONNEL
S 3.50.010
Chapter 3.55 Separations
3.55.010 Resignations.
3.55.015 Layoffs.
3.55.020 Dismissal for disciplinary reasons.
3.55.025 Dismiss31 withol:-Jt prejudico.
3.55.030 Dismissal notice or severance pay.
3.55.010 Resignations.
A. To resign in good standing, an employee who desires to terminate employment shall
give at least fourteen calendar days' written notice to his/her immediate supervisor. The
period of notice may be reduced or waived upon recommendation of the department head
and approval of the city manager for extenuating circumstances; i.e., Family Medical leave,
change of residence by unexpected military orders of the employee or spouse, etc. A
notice of resignation shall become part of the personnel file.
B. An employee may withdraw a resignation only under the following conditions:
1. the withdrawal is submitted to the department head before the effective date
stated in the notice of resignation;
2. the position has not been filled; and
3. the withdrawal is accepted in writing by the department head with approval of the
city manager.
C. Failure to give adequate notice shall be noted on the employee's separation
documents and shall constitute a factor in consideration of any future application for
employment with the city.
D. The effective date of termination pursuant to a notice of resignation shall be the last
day on which the employee works. The value of an employee's annual leave balance shall
be paid to himlher without undue delay with his/her final paycheck following separation.
There is no provision for terminal leave. (Ord. 437, 1977; Ord. 94-38)
3.55.015 Layoffs.
A. Examples of layoffs are:
1. abolishment of a position or shortage of work or funds;
2. completion of seasonal work for seasonal employees;
3. end of temporary appointment because of reinstatement of regular employee
returned from milit3ry or other approved leave and transfer to another position in tho S3mo
Glass has not been achieved.
B. When it is necessary to reduce the number of employees because of lack of work or
funds, or abolition of positions, the department head concerned shall make a thorough
investigation of the problem and report his/her findings and recommendations to the city
manager, who shall decide which employees shall be laid off. Analysis of proposed layoffs
shall consider first the types of activities to be curtailed and the classes of positions thereby
affected. The department head shall then proceed to the selection of individual employees
to be released. Employee efficiency shall be the major factor in determining the order in
which employees shall be released, and consideration shall then be given to employee's
Supplement No. 97-1
07/97
City of Seward
J-43
Ii 3.55.010
PERSONNEL
length of service with the city. Advisability of reassigning employees in higher classes to
lower classes for which they are qualified and laying off those in lower classes shall also be
considered. (Ord. 437, 1977)
3.55.020 Dismissal for disciplinary reasons.
A. The city manager or a department head, upon approval of the city manager, may
dismiss a regular employee for any just cause. Just cause includes, but is not limited to,
the following:
1. insubordination, including failure to comply with a supervisor's instructions and
work assignments;
2. dishonesty, either verbally, in writing or in action, including but not limited to.
falsification of employment application or other city documents and time sheets;
3. violation of sec CJ:lal'lter 53.70, standards relating to drugs and alcohol;
4. failure to comply with safety regulations;
5. fighting or other disorderly conduct on city premises or while on city business;
6. stealing of or unauthorized use of city tools, equipment or property;
7. recurring absenteeism, tardiness or leaving the work site early;
8. conviction of a crime which damages the image or reputation of the city or
conviction of a crime which impairs or compromises the employee's credibility,
eligibility, or fitness for work;
9. inefficiency, including waste of working time or materials;
10. failure to conduct oneself on duty in a cooperative manner within departmental
and city policies, practices and goals;
11. exhibiting on duty conduct or behaviors which interfere with the employee's
performance or the city's business, operations or image;
12. willful violation of any personnel regulation;
13. violations of applicable state or city laws and regulations concerning ethics and
conflicts of interest;
14. any act or omission which had or will have a material adverse effect on the
business, operations or financial condition of the city;
15. harassment of other employees or the public;
16. any other conduct identified in the Seward City Code as grounds for discipline or
dismissal from employment; or
17. any other conduct commonly recognized by reasonable persons as justification
for discipline, including dismissal.
B. Progressive discipline shall be followed when practical. However, when the severity
of the inappropriate conduct warrants, and it is in the best interest of the city, any of the
following forms of discipline may be imposed at any time so long as such discipline is
supported by just cause and the severity of the offense:
1. oral reprimand which shall be documented;
2. written reprimand;
3. suspension without pay;
4. dismissal.
Supplement No. 97-1
07/97
City of Seward
3-44
I
I
I
PERSONNEL
S 3.55.020
An immediate supervisor, department head or the city manager may issue oral or written
reprimands. Only the city manager or a department head, upon approval of the city
manager, may suspend without payor dismiss an employee for disciplinary reasons.
C. If an employee's continued presence on the job prior to the date of intended
disciplinary action poses a recognizable significant threat to the public health or safety orto
the business, operations or image of the city, such employee may be suspended with pay
immediately by the city manager, department head or supervisor until disciplinary action is
determined and administered.
D. A regular employee shall be granted a pre-termination hearing before his/her
supervisor and the city personnel officer before a disciplinary measure involving possible
dismissal is administered. (Ord. 437,1977; Ord. 93-01)
d.55.025 Di&missal 'Nithout prejl:Jdico.
^ departmont hood may dismiss on employoo without prejl:Jdice for ro;)sons that am not
diroctly tho fault of tho omployeo but which do lowor tho e;ervice or accomplie;hmont of the
omployoo below tho accoptaele level, for oxample:
1. lack of noco&&ary knowlodgo, e;kill, ability, undere;tanding or aptitl:Jde;
2. phy&ical or functional e;icknese; that may intorforo directly with e;l:Jccoe;e;ful
performanco of dutios, or that may caue;o e;o much abe;onco from tho job thot work ie;
e;orioue;ly impairod. (Ord. 1d7, 1977)
3.55.030 Dismissal notice or severance pay.
In the case where a regular employee who has completed a probationary period, is
laid off or dismissed withOl:Jt prejudico, the city shall give the employee two weeks' notice or
severance pay not to exceed two weeks. (Ord. 437, 1977)
Supplement No. 97-1
07/97
City of Seward
3-45
5 3.55.025
PERSONNEL
Chapter 3.60 Special Provisions
3.60.010 Gifts and gratuities.
3.60.015 Outside employment.
3.60.020 Employment of family members.
3.60.025 Travel expenses.
3.60.030 Moving expenses for new employees.
3.60.035 No right to strike.
3.60.010 Gifts and gratuities.
A. It shall be the responsibility of each city employee to remain free from indebtedness
or favors which would tend to create a conflict of interest between personal and official
interests or might reasonably be interpreted as affecting the impartiality of the individual
employee. If an employee is tendered or offered a gift or gratuity which would, in the eyes
of the public or public officials, be construed to be an attempt to bribe, influence or to
encourage special consideration with respect to municipal operations, such offer shall be
reported without delay to the employee's immediate supervisor who in turn will inform the
department head.
B. If there should be any doubt whether a gift or gratuity is of such significance as to
create undue influence upon the employee, the matter shall be reported to the department
head concerned. If any employee shall knowingly accept any gift or gratuity which creates
undue influence or results in special consideration which benefits the giver, then, with the
approval of the city manager, that employee shall be dismissed from the city service. (Ord.
437, 1977)
3.60.015 Outside employment.
A. No employee shall engage in any other employment, whether public, private or
self-employment, during scheduled work hours nor outside scheduled work hours if such
employment conflicts with the city's interests or adversely affects the employee's availability
and usefulness. Supervisors are responsible for informing all employees under their
supervision of the provisions of this regulation and the enforcement of it.
For the guidance of all management personnel and employees, the following types of
other employment are considered contrary to the city's interests and to adversely affect the
availability and usefulness of employees:
1. preparing financial reports subject to city audit, or review;
2. for department or division heads, or supervisory positions, to serve as an officer
of any union or association of city employees other than one representing such supervisory
position. This provision shall not apply to any employee holding such office at the time of
adoption of this regulation;
3. actively participating in management of any business organization that obtains,
or is attempting to obtain, funds or business from the city;
4. other employment wherein data or information to which access is provided by
city employment could be used.
Supplement No. 97-1
07/97
City of Seward
3-46
I
I
I
PERSONNEL
S 3.60.010
B. In administering this regulation, all management personnel shall encourage their
employees to obtain informal clearance from the city manager through their supervisor
before accepting other employment. (Ord. 437, 1977)
3.60.020 Employment of family members.
No person may be employed in a position supervised by a family member, provided this
will not prevent continued employment with the city of persons who are presently employed
at the adoption hereof. Additionally, family members shall not be placed in a position such
that one member is required or authorized to review the work, personnel documents,
expense account or time records of another family member. For the purposes of this
section, a family member shall be defined as follows:
spouse; parents; step-parents; brothers, sisters and their spouses; step-brothers,
step-sisters and their spouses; children and their spouses; father-in-law; mother-in-law;
sister-in-law; brother-in-law; grandparents and their spouses; grandchildren and their
spouses; stepchildren and their spouses; grand-stepchildren and their children; aunts;
uncles; nieces; nephews; and persons residing in the same household as the
employee. (Ord. 437,1977; Ord. 632,1990)
3.60.025 Travel expenses.
A. When employees in the city service are required to travel outside the city on city
business, reimbursement for expenses incurred shall be determined as follows:
1. Prior to traveling outside the city, the employee shall obtain approval for the trip
and the mode of travel from the city manager.
2. Travel on official business outside the city should be via public carrier or
city-owned vehicle. If an employee is authorized to use a private vehicle, mileage shall be
paid at the legally allowable rate as established by the Internal Revenue Service. This r3to
includos nil tr3'1ol, im;urance 3nd deFlreci3tioR exponso of the vohicle But doos not include
stor3go or Fl3rking oXFlensos.
3. Reimbursement for subsistence on official trips shall only be the amount of
actual and reasonable expenses incurred during the performance of official duty as a city
employee for the city's benefit.
B. City vehicles shall not be used for any private purpose.
(Ord. 437,1977; Ord. 556, 1986)
3.60.030 Moving expenses for new employees.
Whenever a professionally or technically trained person changes his/her place of
residence for the purpose of accepting employment with the city, such person shall be
reimbursed for actual and necessary expenses under the following conditions:
1. The employee must be appointed to a position of a class for which the city manager
certifies that such expenditure is necessary to recruit qualified employees.
2. The maximum reimbursable for a single employee shall be oight hundrod goll3rs
($300.00) sixteen hundred dollars ($1,600) and the maximum reimbursable for an
employee who is head of the household shall be WIO thous3nd dollars ($2,000.00) five
thousand dollars ($5,000).
Supplement No. 97-1
07/97
City of Seward
3-47
5 3.60.020
PERSONNEL
3. To be eligible for the total allowance for an employee who is head of a household,
his/her or her dependents must accompany him or her or join him or her within one year of
the date of appointment to city service.
4. New employees who are assisted with their moving expenses shall be required to
sign a transportation agreement prior to employment. The agreement shall stipulate that
the employee will reimburse the city for all or part of such expenditures in the event he/she
or sho voluntarily leaves city service, or is discharged for cause, within a period of two
years, according to the following schedule:
100% - Less than six months;
75% - Six but less than twelve months;
50% - Twelve but less than eighteen months;
25% - Eighteen but less than twenty-four months;
0% - Two years or more.
5. New employees may not be given an advance against moving expenses without
prior written approval of the city manager.
6. It is the responsibility of the appointing authority to see to it that prospective new
employees are aware of pertinent limitations of these regulations before a move is made.
7. New employees shall be advised by the appointing authority of dollar limitations, the
need for itemized receipts or invoices, the meaning of the transportation agreement and
other pertinent matters prior to their move.
8. Return transportation for the employee shall be provided by city as required by
state law. Return transportation for the employee's family and personal and
household goods shall be the sole responsibility of the employee. (Ord. 437, 1977)
3.60.035 No right to strike.
No city employee shall have the right to strike. A strike is defined as a concerted failure
to report for duty, a willful absence from work, a stoppage of work, or an abstinence from
the full and proper performance of duties for the purpose of inducing or coercing a change
in working conditions or compensation. The term strike includes any refusal to perform
regular duties while other city employees, or any other persons, are engaged in picketing or
any other work stoppage, slowdown or refusal. (Ord. 540, 1i 2, 1985)
Supplement No. 97-1
07/97
City of Seward
3-48
I
I
I
PERSONNEL
S 3.65.025
Chapter 3.65 Collective Bargaining
3.65.010 Freedom of choice.
3.65.015 Submission of collective bargaining agreements to the city council.
3.65.018 Construction project agreements.
3.65.020 Effective dates for agreements.
3.65.025 Appropriate bargaining unit.
3.65.010 Freedom of choice.
Upon the conclusion of the collective bargaining process and the approval of any such
contract by the city council as provided in !'l3.65.015, each city employee included within
the bargaining unit shall indicate whether that person wishes to be governed by the terms
and conditions contained in that agreement. If not, then the employee shall continue to be
subject to this personnel code and regulations and pay plan as they exist and may be
amended or changed. Neither the city nor any city employee shall discriminate against any
employee solely by reasons of that employee's exercise of this right to choose, although
differences between terms and conditions of employment set forth in the city personnel
code and those terms and conditions set forth in a collectively bargained agreement that
result in differential treatment will not be a violation of this title. Each new employee
likewise shall have the right to choose between the personnel code and any collectively
bargained agreement after being offered a position, but before beginning work. (Ord.540,
!'l 3(part), 1985)
3.65.015 Submission of collective bargaining agreements to the city council.
Any collectively bargained agreement is subject to approval by the city council. (Ord.
540, !'l3(part), 1985)
3.65.018 Construction project agreements.
Nothing in this code shall prevent an agreement with a labor organization relating to the
construction of a public project that requires the contracting or subcontracting of work
traditionally performed by employees represented by that labor organization to be
performed by a signatory to a current labor agreement with that labor organization. (Ord.
634,1990)
3.65.020 Effective dates for agreements.
All collectively bargained agreements shall expire on June 30 of the last contract year.
No agreement may require changes in wages or working conditions that are retroactive to
any date prior to the date of approval by the city council. (Ord. 540, !'l3(part), 1985)
3.65.025 Appropriate bargaining unit.
The city council shall determine, in each instance, the unit appropriate for purposes of
collective bargaining. In making its determination, the city council shall consider the
avoidance of fragmented bargaining units and any expressed desires of members of the
unit. (Ord. 540, !'l3(part), 1985)
Supplement No. 97-1
07/97
City of Seward
3-49
S 3.65.010
PERSONNEL
Chapter 3.70 Standards Relating To Drugs and Alcohol
3.70.010 Standard policies.
3.70.015 Prescribed medications.
3.70.020 Reporting convictions.
3.70.025 Consuming prohibited during shift breaks.
3.70.030 Reporting fit for work.
3.70.035 Nogligont hiring and pro employmont E:crooning.
3.70.040 Off-duty use affecting performance.
3.70.010 Standard policies.
A. Employees will be terminated for use or possession of alcohol or illegal drugs at the
work site during work hours. Unlawful manufacture, distribution, dispensing, posseSSion or
use of a controlled substance is prohibited in the work place.
B. Employees are encouraged to voluntarily seek professional support for drug or
alcohol-related problems. Employees who seek treatment shall discuss the situation with
their supervisors if leave time, with or without pay, is required for the employee to obtain
treatment or hospitalization.
1. Supervisors are encouraged to grant leave, with or without pay, for such
requests.
2. When leave without pay is involved, the employee shall provide a statement from
the attending physician or counselor to the supervisor, stating that treatment is being
received and describing the length of the treatment program.
3. An employee's job security or promotion opportunities shall not be jeopardized
by a request for leave to obtain counseling or treatment.
C. In all matters concerning employees' drug or alcohol-related problems, strict
confidentiality shall be maintained by supervisors, administrators and administrative
support personnel. (Ord. 644, 1991)
3.70.015 Prescribed medications.
Employees using prescribed medications that have side effects that may affect their
performance, their safety, or the safety of others are required to notify their supervisors of
such use and possible side effects. Supervisors may consider reassignment of duties for
those employees for those days. Failure to report the use of such a prescribed medication
with potential side effects that could affect an employee's work performance, safety, orthe
safety of others may result in disciplinary action. (Ord. 644, 1991)
3.70.020 Reporting convictions.
Employees must, no later than five days after conviction, notify their employer of such
conviction(s) for criminal drug statute violations occurring in the work place. (Ord. 644,
1991 )
3.70.025 Consuming prohibited during shift breaks.
Supplement No. 97-1
07/97
City of Seward
3-50
I
I
I
PERSONNEL
!l 3.70.010
Employees on breaks (~, lunch, dinner, rest breaks, etc.) are not allowed to return to
their work sites for the completion of their shift if alcohol or controlled substances are
consumed during the break. Employees shall not receive pay for the hours during which
they are not permitted to return to work for such reasons. (Ord. 644, 1991)
3.70.030 Reporting fit for work.
Employees are required to report to their work site in a condition that will allow them to
perform their required duties in a proper, safe manner. An employee who is temporarily
incapable of performing assigned or required job duties will be released from the work site
and, if necessary, returned to his/her or hor residence by a fellow employee. Employees
shall not receive pay for the hours of release. (Ord. 644, 1991)
3.70.0d5 Nogligont hiring 3nd pro oR'lployment screening.
Tho city will not hire 3n indivisl::I31 whm;o previous omployr-nent h3s boen 3d'lorsoly
3ffoctod by usa of illogal controllod sl::Ibst3ncos or alcohol 3buso. For city positions
roquiring public security, 3dministr3ti'lo confidenti3lity, working with youth 3nd cash
h3ndling, now hiros will be roquirog to undorgo a crimin31 b3ckgrOLJnd chock. (Ord. 644,
.t.WB
3.70.040 Off-duty use affecting performance.
Excessive use of alcohol off duty, or off-duty use or involvement with illegal drugs that
affects an employee's job performance or conduct may result in disciplinary action. (Ord.
644, 1991)
Supplement No. 97-1
07/97
City of Seward
3-51
It 3.70.025
PERSONNEL
Chapter 3.75 Standards Relating to Employee Conduct
3.75.010 Sexual Harassment
3.75.010 Sexual Harassment.
A. Sexual harassment is unlawful and violates city policy. No employee should be
subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or
physical. Sexual harassment does not refer to casual conversation or compliments of a
socially acceptable nature. It refers to behavior that is not welcome and that is personally
offensive, interferes with effectiveness, or creates uneasiness on the job. Such conduct,
whether committed by supervisors or non-supervisory personnel, is specifically prohibited.
This includes, but is not limited to, repeated offensive sexual flirtations, advances or
propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading
verbal comments about an individual or that individual's appearance, the display of sexually
suggestive objects or pictures, or any offensive or abusive physical contact.
B. No individual should imply to an employee that lack of cooperation of a sexual
nature would in some way negatively affect that person's employment, assignment,
compensation, advancements, career development, or any other condition of employment.
Any such actions are subject to punishment up to and including termination.
C. An employee who believes that he/she has been subjected to sexual harassment or
intimidation on the job must bring this to the immediate attention of either the employee's
supervisor, the personnel officer or the city manager. All such complaints will be promptly
and fairly investigated and, where appropriate, immediate corrective action will be taken.
To the highest degree possible, allowing for a fair investigation, all such complaint will be
treated in the strictest confidence. Employees shall not be retaliated against because they
have made complaints of sexual harassment. (Ord. 97-20)
Supplement No. 97-1
07/97
City of Seward
3-52
I
I
I
Chapter 3.80 Workers I Compensation
3.80.010 Workers I Compensation
3.80.010 Workers I Compensation.
A. An employee injured in the line of duty shall be entitled to workers I
compensation pay from the city without deduction from annual leave balance for up
to six weeks. Retirement benefits, annual leave accrual, and medical insurance
. coverage shall continue. If an employee receives workers I compensation pay from
the insurance carrier during the time he/she is also receiving workers I
compensation pay from the city, he/she shall return his/her full workers I
compensation pay from the insurance carrier to the city.
B. After six weeks have expired, the employee may elect to use annual leave.
At that time the employee will retain his/her insurance workers I compensation
benefits. While on annual leave, retirement benefits, annual leave accrual, and
medical insurance coverage shall continue.
C. After all annual leave has expired, or if the employee elects not to use
annual leave, the employee will receive only insurance workers I compensation
benefits and will be considered on leave without pay from the city. While on leave
without pay, retirement benefits and annual leave accrual are suspended, but
medical insurance coverage continues. This is to be in effect until a doctor's
statement is submitted advising that the employee is physically fit and capable to
perform his/her job description with or without reasonable accommodations.
!i 3.70.025
PERSONNEL
CITY OF SEWARD, ALASKA
ORDINANCE 2000-011
Section 2. This ordinance shall take effect ten (10) days after its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 8th
day of May, 2000.
THE CITY OF SEWARD, ALASKA
"U. If)~' ~ 1
Edgar Blatchford, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Brossow, Calhoon, Clark, King, Orr, Shafer, Blatchford
None
None
None
ATTEST:
n J
J#f"'" l~iYJ
Je Lewis:\for. a ick Reilly
City Clerk .J \""11I",,,
..,........ Or S€II'".,."'"
..... ~~ ........ ~~
(City Seal) ~ G ",o?-po~:"'" <> ~.
.. ..',r/ ~:......
~ ..,.to' "C)-..1-
: :~ -.- \ ~
: . i SEAL !"::
~,J.l . : =
~ ~ ~ . ...
.~ e".t'- '\.o,,,-:r
'::~ ,~~>~:v~ 1 ..Q,~..,~.:-
..."....:lOO. ......I...y.;~ ..4>
'/:::0.... ^'\ ~~..
It, , .... I'" .......~
""un""
Supplement No. 97-1
07/97
City of Seward
3-54