HomeMy WebLinkAboutRES2025-098 SPEA Agreement1
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Sponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2025-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE BARGAINING AGREEMENT BETWEEN
THE CITY OF SEWARD AND THE SEWARD PUBLIC EMPLOYEES
ASSOCIATION, COVERING TERMS AND CONDITIONS OF
EMPLOYMENT FOR ALL MEMBERS OF THE COLLECTIVE
BARGAINING UNIT, EFFECTIVE JANUARY 1, 2026 AND ENDING
DECEMBER 31, 2028
WHEREAS, the current agreement between the City of Seward and the Seward Public
Employees Association (SPEA), as approved by Resolution 2022-080, will expire on December
31, 2025; and
WHEREAS, negotiation teams for the City of Seward and SPEA met to negotiate a three-
year agreement for the period of January 1, 2026 through December 31, 2028; and
WHEREAS, on September 17, 2025, voting closed for SPEA members to approve the
proposed bargaining agreement; and
WHEREAS, SPEA voted to approve the proposed bargaining agreement attached to this
agreement for ratification.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to enter into a bargaining agreement
with the Seward Public Employees Association for the period of January 1, 2026 — December 31,
2028, in substantially the form as attached herein.
Section 2. This agreement shall go into effect on January 1, 2026.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 13th
day of October 2025.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION 2025-098
Page 2 of 2
AYES: Barnwell, Crites, Osenga, Wells, McClure
NOES: None
ABSENT: Finch, Warner
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
(City Seal)
City Council Agenda Statement
Meeting Date: October 13, 2025
To: City Council
Through: Kat Sorensen, City Manager
Subject: Resolution 2025-XXX: Approving the Bargaining Agreement Between the
City of Seward and the Seward Public Employees Association, Covering
Terms and Conditions of Employment for All Members of the Collective
Bargaining Unit, Effective January 1, 2026 and Ending December 31, 2028
Background and justification:
The collective bargaining agreement between the City of Seward and the Seward Public
Employees Association (SPEA) expires on December 31, 2025. SPEA represents all employees
included in the collective bargaining unit.
This contract constitutes the fourth collective bargaining agreement with the City of Seward. The
intent is to provide for a fair and equitable term and conditions of employment for all members of
the bargaining unit.
On January 1, 2026, employees will receive a 3% (COLA) cost of living increase. On January 1,
2027, employees will receive a (COLA) cost of living increase based on the U.S. Department of
Labor Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska for calendar
(January — December) year 2026 (Annual average) plus 0.5% but shall not be less than 2.5% or
exceed 5%. On January 1, 2028, employees will receive a (COLA) cost of living increase based
on the CPI-U plus 0.5% but shall not be less than 2.5% and shall not exceed 5%.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Total amount of funds listed in this legislation:
This legislation (V):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Affected Fund (✓):
General
Boat Harbor
Motor Pool
Available Fund Balance
SMIC
Parking
Other
Electric
Water
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
S41-9"zne
Attorney Review
Yes
Attorney Signature:
Not applicable Comments:
Administration Recommendation
X
Adopt Resolution
Other:
BARGAINING AGREEMENT
Between the
CITY OF SEWARD
Seward, Alaska
And the
ALASKA PUBLIC EMPLOYEES ASSOCIATION
Representing the
SEWARD PUBLIC EMPLOYEES ASSOCIATION
January 1, 2026 — December 31, 2028
SPEA Collective Bargaining Agreement 2026-2028
Contents
ARTICLE 1 - PREAMBLE AND PURPOSE 6
ARTICLE 2 - RECOGNITION AND MANAGEMENT RIGHTS 6
2.1 Recognition & Rights 6
2.2 Excluded Positions 6
2.3 Purpose of Bargaining 7
2.4 Alaska Labor Relations Agency (ALRA) 7
2.5 Management Rights 8
2.6 Contracting Work 9
2.7 Labor Management Committee 9
ARTICLE 3 - UNION MEMBERSHIP AND DUES 9
3.1 Membership Requirements 9
3.2 Dues/Fees 10
3.3 Payroll Deductions 10
3.4 Union and Employee Responsibility 10
3.5 Union Representatives and Activities 11
3.6 Union Leave and Leave Bank 12
3.7 Meeting Space 13
3.8 Bulletin Board 13
ARTICLE 4 - JOB CLASSIFICATION, JOB DESCRIPTIONS & PAY PLAN 13
4.1 Classification Rights and Duty 13
4.2 Job Descriptions 14
4.3 Duties of Employees 14
4.4 Qualifications Statements 14
4.5 Job Titles 14
4.6 Review of Job Classifications and Job Classes 15
4.7 Wage Schedule 15
ARTICLE 5 - PERSONNEL ACTIONS 15
5.1 Personnel Actions 15
5.2 Definitions 16
5.3 Job Announcements 16
5.4 Types of Appointments 17
5.5 Promotion 19
5.6 Transfers 19
ARTICLE 6 - PROBATIONARY PERIODS 20
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SPEA Collective Bargaining Agreement 2026-2028
6.1 Newly Hired Positions 20
6.2 Probationary Period after Promotion 20
6.3 Probationary Period after Demotion 21
6.4 Discipline or Separation During Probationary Period 21
ARTICLE 7 - PERFORMANCE EVALUATIONS & PERSONNEL FILES 21
7.1 Performance Evaluations 21
7.2 Periods of Evaluations 22
7.3 The Evaluation Process 22
7.4 Personnel Files 23
ARTICLE 8 - DISCIPLINE AND DISCHARGE 23
8.1 General Policy 23
8.2 Disciplinary Action Procedure 24
8.3 Right to Union Representative During Investigative Interview 25
8.4 Just Cause 25
8.5 Garrity Rights for Licensed Personnel of Police Department 27
ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURES 27
9.1 Definition of Grievance 27
9.2 Procedural Steps 27
9.3 Time Limitations 28
9.4 Extension of Time Limits 29
9.5 Appeal to Arbitration 29
9.6 Selection of Arbitrator 29
9.7 Arbitrator's Jurisdiction 29
9.8 Fees and Expenses of Arbitration 30
9.9 Extension of Time Frames 30
9.10 Delivery of Grievances and Responses 30
9.11 Sole and Exclusive Nature of Grievance Procedure 30
ARTICLE 10 - SEPARATION/SENIORITY/LAYOFF 30
10.1 Actions That Constitute Separation from City Service 30
10.2 Resignations 31
10.3 Medical Separation 31
10.4 Dismissal for Just Cause 31
10.5 Seniority 31
10.6 Layoffs 32
10.7 Dismissal Notice or Severance Pay 33
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SPEA Collective Bargaining Agreement 2026-2028
10.8 Separation Paperwork 33
ARTICLE 11 - PAY AND PAYROLL 34
11.1 Wage Schedule and Pay Rates 34
11.2 Starting Rate on Initial Employment 35
11.3 Rate of Pay on Promotion 35
11.4 Rate of Pay for a Reclassification of a Position 36
11.5 Upward or Downward Range Change of a Job Class 36
11.6 Promotion Following Demotion In lieu of Layoff 36
11.7 Transfers 36
11.8 Demotion 36
11.9 Completion of Probation 36
11.10 Annual Step Increase 37
11.11 Acting Appointments 37
11.12 Field Training/School Resource Officer 38
11.13 Overtime 38
11.14 Call -Out Pay 38
11.15 Stand -By Pay 38
11.16 Stand -By Pay for Police Officers 39
11.17 Shift Differential 39
11.18 Payroll and Pay Periods 39
11.19 Longevity Steps 40
ARTICLE 12 - HOURS OF WORK 40
12.1 Hours of Work and Scheduling 40
12.2 Temporary Schedules 41
12.3 Lunch/Break Period 42
12.4 Changes of Permanent Schedules 42
ARTICLE 13 - HOLIDAYS 43
13.1. Recognized Holidays with Pay 43
13.2 Holiday Falling on a Regular Day Off 43
13.3 Computation of Holiday Pay 43
13.4 Forfeiture of Holiday Pay 44
ARTICLE 14 - PAID TIME OFF/LEAVE 44
14.1 Paid Time Off ("PTO") 44
14.2 Leave Accrual Rate 45
14.3 Leave Anniversary Date 46
SPEA Collective Bargaining Agreement 2026-2028
14.4 Maximum Accrual 46
14.5 Payment of PTO upon Termination 46
14.6 PTO Leave Cash -Out 46
14.7 Donated Leave 47
14.8 Military Leave 47
14.9 Worker's Compensation 48
14.10 Jury Duty / Court Leave 48
14.11 Leave Without Pay 49
14.12 Family and/or Medical Leave of Absence 49
14.13 Bereavement Leave 49
14.14 Definition of "Immediate Family" 49
ARTICLE 15 - WORK RULES 50
15.1 Work Rules 50
15.2 Protection of Rights 50
15.3 Non -Discrimination 50
15.4 Employee Indemnification 51
15.5 No Poly or Lie Detector 51
15.6 Outside Employment 51
15.7 Unlawful Acts Prohibited 51
15.8 Gifts and Gratuities 52
15.9 Employment of Relatives 52
15.10 Political Activities 53
ARTICLE 16 - SAFETY 53
16.1 Safety Rules 53
16.2 Drug Testing 53
16.3 Safety Devices and Uniforms 54
ARTICLE 17 - BENEFITS 54
17.1 Health Insurance 54
17.2 Health Insurance Renewal or Replacement 54
17.3 Annual Retention Bonus 55
17.4 Retirement 55
17.5 Training/Professional Development 56
ARTICLE 18 — LEGAL TRUST FUND 56
18.1 Legal Trust Fund for Bargaining Unit Members 56
ARTICLE 19 - STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE 57
SPEA Collective Bargaining Agreement 2026-2028
19.1 Strike/Lockout 57
19.2 Picket Lines 57
ARTICLE 20 - GENERAL PROVISIONS 57
20.1 Duration 57
20.2 Severability 57
20.3 Waiver of Bargaining Rights and Amendments to Agreement 58
20.4 Changes to Agreement 58
Appendix A 60
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SPEA Collective Bargaining Agreement 2026-2028
ARTICLE 1- PREAMBLE AND PURPOSE
This Agreement is made and entered into between the City of Seward, hereinafter referred to
as the "City," and the Seward Public Employees Association, referred to as the "Union."
The purpose of this Agreement is to set forth the terms and conditions of employment with
the City and to promote orderly and peaceful labor relations.
The parties recognize that the interests of the community and the job security of the
Employees depend upon the City's success in establishing proper and cost-efficient service to
the community. To these ends, the City and the Union encourage, to the fullest degree, friendly
and cooperative relations between their respective representatives at all levels and among all
Employees.
The parties also agree that it is their mutual intent to maintain and strengthen the
merit principles in the bargaining unit.
ARTICLE 2 - RECOGNITION AND MANAGEMENT RIGHTS
2.1 Recognition & Rights
The City recognizes the Union as the sole bargaining agent for and exclusive representative
of all regular City employees, except those listed in 2.2, for collective bargaining with
respect to salaries, wages, hours, and other terms and conditions of employment. The City
shall not negotiate, confer, or handle grievances with any Employee organization other than
the Union or its designee on matters concerning unit members of the Seward Public
Employees Association (SPEA). SPEA contracts with the Alaska Public Employees Association
(APEA/AFT) for services and has authority to administer the contract and acts as SPEA's
agent.
A current list of those job classifications covered and not covered by this Agreement will be
updated and maintained as necessary by Human Resources.
2.2 Excluded Positions
1. This Agreement excludes from the bargaining unit the following positions:
Deputy City Manager, Executive Assistant to the City Manager, Finance
Director, Deputy Finance Director, IT Director, Deputy City Clerk, Human
Resource Manager, Community Development Director, Community Development
Planner, Police Chief, Deputy Chief of Police, Fire Chief, Deputy Fire Chief,
Public Works Director, Parks and Recreation Director, Park and Recreation
Deputy Director, Library & Museum Director, Library & Museum Deputy
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SPEA Collective Bargaining Agreement 2026-2028
Director, Harbormaster, Deputy Harbormaster.
Electric Director, Electric Operations Supervisor, Field Engineer, Lineman, and
Plant Operator.
2. If SPEA deems an excluded position should be included in SPEA, a Unit
Clarification Petition will be submitted to the Alaska Labor Relations
Agency (ALRA).
2.3 Purpose of Bargaining
The City and the Union now enter into an Agreement reached through collective bargaining
which will have the following purposes:
1. To promote fair, reasonable, consistent, and safe working conditions.
2. To recognize the legitimate, reasonable employment -related interests of
the Union to participate through collective bargaining in the determination
of the terms and conditions of Employees' employment with the City.
3. To promote harmonious relations between the City and the Union.
4. To promote individual efficiency in service to the citizens of the City of Seward.
5. To avoid any interference with efficient and safe operation of the City of Seward.
6. To provide a basis for the adjustment of any matter of mutual interest by
means of amicable discussion.
7. To contribute to the continuation of good Employee relations and to be in
all respects in the best public interest.
2.4 Alaska Labor Relations Agency (ALRA)
Both parties recognize that the Alaska Labor Relations Agency (ALRA) retains its authority to
determine bargaining unit assignments. New positions and/or classifications created by the
Employer shall be placed in the appropriate bargaining unit consistent with prior ALRA
rulings. The SPEA shall be notified of all new job classifications created, or revisions to
existing classifications, within ten (10) working days of such action. The notification shall
include a copy of the job class specifications. Notification shall be via email and job class
specification shall be attached.
No filled position shall be removed from this bargaining unit without written notification to
SPEA. If SPEA does not file a written petition with the ALRA challenging the proposed
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SPEA Collective Bargaining Agreement 2026-2028
bargaining unit change within fifteen (15) working days of receipt of the notice to SPEA, the
Employer is free to take the proposed action.
No filled position shall be changed to exempt or partially exempt status without at least thirty
(30) calendar days' notice to SPEA prior to submitting the request to ALRA. Concurrent with
the notice, the Employer shall provide a written explanation of the transfer request to SPEA.
2.5 Management Rights
It is recognized that the Employer retains the right, except otherwise expressly provided in
this Agreement, to manage the affairs of the City of Seward and to direct its workforce. Such
functions of the Employer include, but are not limited to the following:
1. Determine the overall mission and purpose of the City.
2. Determining the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted and the priorities
therefor.
3. Determine the overall methods, processes, means, job classification and
descriptions, work schedules, work assignments, and personnel by which the work of
the City is to be conducted.
4. Direct, supervise, hire, recruit, select, promote, train, evaluate, transfer within a
job classification, assign, and schedule Employees.
5. Discipline Employees for just cause.
6. Lay off Employees from duties because of lack of work or funds or under conditions
where the City determines that continued work would be inefficient or
nonproductive.
7. Establish reasonable work rules, assign the hours of work, and assign Employees to
shifts of its designation.
8. Adopt policies, regulations, educational programs, safety programs, and any other
measurers, not in conflict with this Agreement, necessary to assure the efficient and
effective operations of the City.
9. Contract out work if no Employee covered by this Agreement will be laid off or have
their hours of work cut.
10. Develop and/or modify job descriptions.
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SPEA Collective Bargaining Agreement 2026-2028
2.6 Contracting Work
It is the general policy of the City to continue to utilize its Employees to perform the work they
are qualified to perform. However, the City reserves the right to contract out any work it deems
necessary, in the interest of efficiency, improved work product, economy, or emergency, as
long as no Employee covered by this Agreement will be laid off or have their hours of work
cut.
2.7 Labor Management Committee
To facilitate communication between the parties and to promote a climate conducive to
constructive employee relations, a joint Labor -Management Committee will be established to
discuss matters of mutual interest.
The Labor Management Committee shall meet at least once a quarter to discuss items of mutual
interest pertaining to this agreement or impacting bargaining unit members. Additional
meetings may be called through meeting requests. The Union will submit all meeting requests to
the City Manager and the City will submit all responses or requests to the APEA/AFT
Representative and President of the Union. Both parties agree to respond in good faith to
requests to convene a meeting of the Labor Management committee within five (5) business
days receiving such a request.
Committee size will be determined by mutually agreed -upon arrangements at the appropriate
level and shall include an equal number of Union appointees and City appointees and shall be
chaired by the City Manager or their designee.
Approved time spent in meetings (including actual and necessary travel time) will neither be
charged to leave credits nor considered as overtime worked. Management will make every
effort to reschedule shift assignments or days off so that meetings fall during working hours of
the Union members. Labor -Management committee meetings will be conducted in good faith.
The committee shall have no authority to contravene any provisions of this agreement, nor
enter into any agreements binding the parties. Matters requiring a Letter of Agreement shall not
be implemented until a signed Letter of Agreement has been approved by the designated City
representative(s) and designated SPEA Negotiators.
ARTICLE 3 - UNION MEMBERSHIP AND DUES
3.1 Membership
The City will not in any manner, directly or indirectly, attempt to interfere with matters
between any of its employees and the Union. It will not in any manner restrain, or attempt
to restrain, any employee from belonging to the Union or from taking an active part in the
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SPEA Collective Bargaining Agreement 2026-2028
Union. The City will not discriminate or retaliate against any employee because of their
Union membership, including but not limited to the filing of a grievance or providing
evidence or testimony in arbitration or other hearing.
The City will provide the name, personal email, personal phone number, address, and job
title of a new eligible Employee twenty-four (24) hours before the new Employee's start
date. The Union shall provide the Employee with a copy of this Agreement and provide the
City with the Union approved membership dues/fees form. The City will provide the Union
with a copy of the membership dues/fees form submitted by an employee to the City.
3.2 Dues/Fees
Upon written authorization of an Employee on a form provided by the Union, the City shall
deduct from the Employee's paycheck the monthly amount of union dues or agency fees and
transmit such amount to the Union.
1. Membership Dues: Membership dues and fees for Employees who join the Union
shall be collected in accordance with the bylaws of the Union.
2. Voluntary Agency Fees: Employees covered by this Agreement who choose to
become a Voluntary Agency Fee Payer shall have such fees collected in accordance
with the bylaws of the Union.
3.3 Payroll Deductions
1. The payment of membership dues or voluntary agency fees shall commence with
the first payday of the month after thirty-one (31) calendar days following the initial
date of employment.
2. The City shall promptly pay to the Union those authorized membership dues/agency
fees deducted from Employee wages each month. Employees, who choose to change
their status from membership to a voluntary agency fee payer or to a non-member,
may do so after written notice to the Union and the City Administration. Such status
change shall become effective immediately based on the date of the written notice.
Any adjustments to the deductions shall occur at the next full pay period.
3.4 Union and Employee Responsibility
This Agreement is binding for every Employee in the bargaining unit. Each Employee,
individually and collectively, accepts full responsibility for carrying out all the provisions of
this Agreement. The Union agrees that it shall actively dissuade absenteeism and tardiness,
all forms of illegal harassment, and any other practices which may hamper the City's
operation. The Union will support the City's efforts to eliminate waste and inefficiency, to
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SPEA Collective Bargaining Agreement 2026-2028
improve the quality of work, and to promote harmonious relations between the City and
Employees. The Union shall make every effort to see that Employees obey all City workplace
policies, procedures, rules, and instructions which are not in conflict with the terms of this
Agreement.
3.5 Union Representatives and Activities
1. The Union may have six (6) Employee Representatives who shall be authorized to
handle complaints and grievances arising under this Agreement. The Union shall
provide to the City a list of all authorized Employee Representatives. The Union may
designate different Employee Representatives at any time within thirty (30) calendar
days written notice to the City Administration.
2. An Employee Representative may make reasonable visits within the work area the
Employee represents for the purposes of handling specific complaints and
grievances arising under this Agreement. The Employee Representative shall first
notify and obtain the approval of the Department Head in advance of such visit,
advising the Department Head where the Employee Representative shall be and
how long the Employee Representative anticipates such visit shall take. The
Employee Representative shall arrange such visits to occur at times when they will
least impact City operations and the performance of work. Prior to conducting such
visits, the Employee Representative shall fill out the appropriate time record
recording the time the Representative left the work assignment/area. Upon
concluding the visit, the Employee Representative shall promptly notify the
Department Head that the visit was concluded, and that the Representative has returned to
the work assignment/area, at which time the Representative shall record on the
appropriate time record that the visit has concluded. All time spent on such visits shall be
designated on the time record as Union Leave and deducted from the appropriate Union
Leave account.
3. The Union may have representatives who are not Employees of the City who also
shall be authorized to speak for the Union in all matters governed by this Agreement
and shall be permitted to visit any work area for the purpose of administering this
Agreement at reasonable times upon advance approval of the City Administration or
designee. Such approval will not be unreasonably denied. The Union shall arrange
such visits to occur at times when they will least impact City operations and the
performance of work. The Union shall provide to the City a list of all such authorized
representatives.
4. During working hours, the Employee Representative may handle complaints and
grievances arising under this Agreement with the proper City Representative. These
visits shall be scheduled, held and accounted for in the same manner and in
accordance with the procedures set forth in Section 2 above. Employee
Representatives will not leave their work duties during emergency or critical
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SPEA Collective Bargaining Agreement 2026-2028
situations.
5. Upon the concurrence of the Department Head and when the normal flow of work
will not be unduly disrupted, the Employee Representative will be allowed to confer
periodically and for a reasonable length of time with Employer Representatives to
work out solutions to problems on matters not deemed critical but which, because
of convenience to both management and labor, can be moved toward resolution.
These visits shall also be scheduled, held and accounted for in the same manner and
in accordance with the procedures set forth in Section 2 above.
3.6 Union Leave and Leave Bank
1. Employees granted Union leave shall be paid for their leave time from the Union
Business Leave Bank as set out in Subsection 2 below, so long as there is
accumulated leave in the bank. The City shall not be obligated to compensate the
Employee Representatives for any time spent on Union leave. The hours spent on
Union leave will not be counted as hours worked for purposes of computing
overtime. Union leave shall be granted in the following manner:
a. No more than six (6) Employee members of the Union negotiating committee
shall receive Union leave for all time necessary for the conduct of contract
negotiations, including reasonable time for negotiating committee meetings
outside of the negotiations themselves.
b. Union leave shall be granted for all reasonable time necessary to process
grievances, including arbitrations, for grievants, Employee Representatives and
elected Union officers who may be involved, and witnesses.
c. Employee Representatives shall be granted up to five (5) workdays per calendar
year of Union leave to attend Union sponsored training.
d. Elected Union officers shall be granted a reasonable amount of Union leave for
the purpose of conducting Union business. Such time shall not normally exceed
four (4) hours per week.
e. Union leave will not be unreasonably denied. However, it is understood and
agreed that such leave may be denied if the Employee's services are needed by
the City. Requests for association business leave will normally be made through
the Union President or designee. The Union will endeavor to give as much
notice as possible for business leave.
2. Union Business Leave Bank
a. There is hereby created a Union Business Leave Bank which shall be administered
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SPEA Collective Bargaining Agreement 2026-2028
by the Employer with records kept by the Employer. The Bank shall be
established by an automatic transfer each January 16 of two (2) hours of PTO
leave from the leave account of each Employee in the bargaining unit. If an
Employee does not have two
(2) hours of PTO leave as of January 16, the two (2) hours shall be transferred
when the Employee has accrued them. The Bank will be used consistent with the
terms of this Article.
b. The Union may cancel the automatic leave deduction for any year in which
enough cash is available for purposes of the Bank.
c. The Employer agrees that reasonable effort will be made to release
Employees consistent with the terms of this Article. However, the parties
recognize that situations may arise that prevent representatives from
being released.
3.7 Meeting Space
Where there is available meeting space in City owned facilities, such space may be used
for meetings by the Union at no cost to the Union with a written reasonable notice to the
City. Approval shall not be unreasonably denied.
3.8 Bulletin Board
The Union shall have the right to use bulletin board space at mutually agreeable locations
for the purposes of posting Union information. The union contract and union calendar shall
be placed in all city Employee break rooms and shall be plainly visible.
ARTICLE 4 - JOB CLASSIFICATION, JOB DESCRIPTIONS & PAY PLAN
It is the obligation of the City to establish and maintain a classification system and a pay plan.
4.1 Classification Rights and Duty
1. The City shall have sole authority and duty to establish, decide, determine, and
designate all occupational classifications it has to offer Employees, including the right
to establish new classifications, reclassify, change, consolidate or abolish existing
classifications at any time, and to determine job content, duties and responsibilities.
The City shall also have the authority to allocate and reallocate positions.
2. The City may establish new classifications and rates for classifications. The City shall
notify the Union when any new classification is established within ten (10) working
days of such action. The notification shall include a copy of the job class
specifications. Unless otherwise agreed by the parties, notification shall be via email
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SPEA Collective Bargaining Agreement 2026-2028
and job class specification shall be attached. In the event the Union, within five (5)
calendar days thereafter, notifies the City in writing that it disagrees with said rate,
the matter shall be subject to negotiations between the parties. The rate shall be
effective as of the first date Employees were assigned to the classification.
4.2 Job Descriptions
The City shall maintain job descriptions which identify essential functions but are not
inclusive of every duty of a position. Job descriptions shall include a statement of
qualifications consistent with Section 4.4 below. The City will notify the Union of proposed
changes to Job Descriptions which will impact Employees currently employed in the affected
position(s) within ten (10) working days prior to being adopted. The notification shall include
a copy of the job class description. Notification shall be via email and job class specification
shall be attached. In the event the Union, within five (5) calendar days thereafter, notifies
the City in writing that it disagrees with said rate, the matter shall be subject to negotiations
between the parties.
4.3 Duties of Employees
An Employee may be required by the City to perform the duties described in the job
description for the Employee's class as well as any other duties which the Employee has the
skills and qualifications to perform.
4.4 Qualifications Statements
The qualifications statements in each job description establish minimum requirements that
must be met by an individual before consideration for appointment or promotion to a
position. Common alternative combinations of education, training or experience are
specified in the job description.
4.5 Job Titles
1. Official Job Titles: Each position shall have an official job title which is specified in
the classification plan and is used to identify each individual position. The official
job title shall be used to designate positions in all budget estimates, payroll
documents, and personnel records and reports.
2. Working Job Titles: For all purposes other than those described in Subsection 1
above, any suitable working job title may be used.
3. Position Levels: The job titles are generally indicative of the work of the position and
of the level of its importance and responsibility. Where Roman numerals or
numbers are affixed at the end of a title to indicate level within an occupation
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SPEA Collective Bargaining Agreement 2026-2028
subseries, the higher numbers represent the higher levels.
4.6 Review of Job Classifications and Job Classes
1. The City Manager shall provide for a systematic and periodic review of classes of
positions if the City Manager determines, in his or her sole discretion, that duties,
responsibilities, and authority have changed substantially, or other conditions,
including but not limited to an Employee request for review, warrant such a review.
The City Manager shall allow the Union and Employees to provide input into such a
review.
2. When an Employee, or the Union acting on the behalf of an Employee, feels that
the duties and responsibilities of his/her position are not accurately reflected in
the job description, the Employee or the Union will provide a written request in
writing to Human Resource Officer to re -analyze the job description.
3. The Union may appeal in writing the findings of the Human Resources Officer to the
City Manager within ten (10) working days. The City Manager will render a decision
within thirty (30) working days.
4. The Union may request not more than three (3) studies of significant substance
under Subsection 2 above in a calendar year.
4.7 Wage Schedule
The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate,
and maximum rates of pay for all positions. 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. The City Administration shall be responsible for developing the pay plan and
pay schedule.
a. The Salary Schedule is posted in Appendix A.
ARTICLE 5 - PERSONNEL ACTIONS
5.1 Personnel Actions
The City shall have the sole and exclusive right to make appointments, including but not
limited to recruiting, examining, selecting, promoting, and transferring Employees of its
choosing and to determine the times and methods of such actions. The City retains the right
to fill any position from outside the bargaining unit, although the City recognizes the benefits
of selecting a qualified Employee covered by this Agreement who has applied for a vacancy.
All personnel actions shall be documented.
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5.2 Definitions
1. "Appointing authority" means the City Manager, except that the City Clerk shall be
the appointing authority for all positions in the City Clerk Department.
2. "Department Head" means each of the following: The Finance Director, the Director
of Community Development, the Director of Electric Utility, the Public Works
Director, the Harbormaster, the Chief of Police, the Fire Chief, the Director of Parks
and Recreation, the IT Director, and the Library & Museum Director.
3. "Personnel officer" means the Human Resource Manager.
4. "Exempt employee" means 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.
5. "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.
6. "Regular position" means a position which is expected to exist for more than nine
(9) months.
7. "Full-time employee" means an employee who regularly works forty (40) hours
per week.
8. "Part-time employee" means an employee who regularly works one (1) to thirty-four
(34) hours per week.
9. "Probationary employee" means an employee who has not yet completed
the probationary period imposed (reference the article not the code).
5.3 Job Announcements
1. The City shall post all bargaining unit position job openings, whether newly created
or vacant, at mutually agreeable locations in each department for a period of five (5)
calendar days prior to the expiration date for submission of applications. The posting
timeframe may be shortened when required by circumstances beyond the City's
control or where necessary to ensure the continuity of City operations. Justification
must be provided in the announcement and to the union.
2. All qualified bargaining unit members who hold regular status and submit an
application for a posted vacancy will be considered for any job vacancy covered by
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this Agreement along with any other applicants.
3. Qualified Employees covered by this Agreement who apply for any vacancy shall
be granted an interview for the position. The City acknowledges the value of
current Employees and agrees to give Employees who interview for a vacant
position full and fair consideration.
5.4 Types of Appointments
1. Emergency Appointment: The appointing authority may authorize emergency
appointments not to exceed thirty (30) 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 benefits.
a. The City shall notify the Union in writing of an Emergency appointment or
reappointment no later than 10 (ten) days after such an appointment. The
notification shall include, but not be limited to, the position title, length of
appointment, pay, description of unforeseen emergency, and description of
impairment to the city.
2. On -call Appointment: Employees may be hired on an on -call basis upon the
recommendation of the Department Head and approval of the City Manager.
On -call appointments may be for no more than 180 calendar days.
a. The City shall notify the Union in writing of an On -call appointment or
reappointment no later than 10 (ten) days after such appointment. The
notification shall include, but not be limited to, the position title, length of
the appointment, pay, and summary of the recommendation by the
Department Head.
3. Probationary Appointment: All appointments to positions in City service, including new
hires, rehires, demotions for disciplinary reasons, and promotions shall be on a
probationary basis. Length of probation period for a regular full-time employee is 180
calendar days unless probation is extended.
4. Regular Appointment: A regular appointment occurs after an Employee has
satisfactorily completed a probationary appointment to the position.
5. Temporary Appointment/Seasonal Appointments:
a. Temporary appointments shall not exceed nine (9) consecutive months.
Consecutive nine -month appointments cannot be served without a break.
A break is defined as one (1) entire pay period off.
i. The City shall notify the Union in writing of a Temporary appointment
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or reappointment no later than 10 (ten) days after such appointment.
The notification shall include, but not be limited to, the position title
and description, project description, length of appointment, length of a
break (if the appointment is consecutive), and pay.
ii. A temporary appointment may be terminated at any point for
positions which have a full-time position already established with the
City, should a full-time employee become available.
b. Seasonal Appointment: 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 Temporary appointments. No Employee shall have the absolute right to
continue employment in any particular position.
c. Employees hired on a temporary or seasonal basis with prior City work status
may be given preference for re-employment for the same position on the
recommendation of the Department Head and approval of the City Manager.
Job announcements for temporary or season positions shall contain notice that
persons with priority City work status may be accorded preference for re-
employment.
6. 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 (9) months and less than two (2) 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 leave. However, annual leave shall be
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.
a. The City shall notify the Union in writing of a Term appointment or
reappointment no later than 10 (ten) days after such an appointment. The
notification shall include, but not be limited to, the position title and description,
project description, length of appointment, and pay.
7. Acting Appointment / Temporary Assignment:
a. An acting appointment is made when a qualified Employee may be required to
serve temporarily in a higher -level position.
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b. Time in an acting appointment may be counted toward experience for the class
of position.
c. Employees filling an acting assignment shall not be asked or allowed to do jobs
or tasks that they are not adequately trained or licensed to do. An Employee
who obtains an acting appointment shall not always be required to perform all
the duties and responsibilities assigned to the incumbent. The duties and
responsibilities that are assigned to the Employee who has obtained the acting
appointment shall be determined by the City Administration.
d. When an Employee is temporarily assigned to a position with a higher pay range
for a period of at least three (3) consecutive days, or when the Department
Head is out of state, but less than thirty (30) days, they shall be compensated
above their base rate by twenty-five percent (25%). If an Employee's base rate is
the maximum of the pay range, they shall be compensated above the maximum
pay step by twenty-five percent (25%). If the assignment is for a period of thirty
(30) calendar days or more, they shall be paid at the first step of the higher pay
range or they shall be given a twenty-five percent (25%) 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. An
Employee acting in an exempt position will still receive their hourly rate plus
twenty-five percent (25%) and will be paid for overtime at time and a half.
5.5 Promotion
A promotion is the filling of a vacancy by the advancement of an Employee from a position
having a lower pay range. Promotions shall be based upon qualifications. All promotions
shall be advertised for seven (7) days to all City Employees. All qualified City Employees
shall be allowed to apply and complete the interview process before the position is posted
to the public.
5.6 Transfers
A transfer is the lateral movement from one bargaining unit position to another position in
the same or a parallel class in the same pay range without any break in service. The transfer
may be within a department, or from one department to another. An Employee must meet
the minimum qualifications for the position the Employee transfers to.
1. Voluntary Employee Requested Transfer: An Employee may request a transfer within
or between departments by submitting the request in writing to the City
Administrators. The request must include a current job application providing
evidence of qualification for the requested position. Upon approval of the City
Administration, or designee, and before completion of any transfer, the Employee
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shall be notified in writing of any change in status, including pay step, anniversary
date, length of service, and requirement for serving a probationary period.
2. Reasonable Accommodation: A transfer may be offered to a qualified Employee with a
disability under the Americans with Disabilities Act. Failure to accept an offered
transfer in this situation may result in administrative separation if the Employee is
unable to perform the essential functions of his/her current position without
accommodation and if the Employer can demonstrate that an accommodation would
impose an undue hardship.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 Newly Hired Positions
1. The probationary period for full time positions is one hundred and eighty (180)
calendar days.
2. The probationary period for part-time positions is five hundred and twenty (520)
hours of consecutive service.
3. Probationary appointments entitle a newly hired Employee to the same
benefits available to an Employee who has obtained a regular appointment,
subject to the conditions of the benefit plans, and unless otherwise specified in
this Agreement.
4. The Employee shall acquire regular status on the first working day following
completion of the probationary period unless action is taken to separate the
Employee or to extend the probationary period in writing prior to the end of the
probationary appointment. The probationary period may be extended for a period of
time not to exceed ninety (90) calendar days. Such an extension does not affect or
change the initial hire anniversary date with the City for the Employee.
6.2 Probationary Period after Promotion
1. Regular Employees who are promoted shall serve a new probationary period of one
hundred and eighty (180) calendar days in the new position. An Employee who
holds regular status in any position and who subsequently accepts a promotion to a
new position retains return rights to return to the last position in which the
Employee held regular status if the position is vacant when the employee requests
to return. The Employee may exercise these rights voluntarily at any time prior to
completion of probation in the new position or upon notification that Employee has
failed to satisfactorily complete probation in the new position. An Employee who
exercises this return right shall not be required to serve a probationary period in a
position where the Employee has already held regular status. Return rights do not
apply to an Employee disciplined for just cause.
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2. Unless the continuity of City services is at risk, the promoted Employee's previous
position will not be filled for fourteen (14) days in order for the newly promoted
Employee and the City to determine if the promotion is a proper fit. Either the
Employee or the City can invoke return rights to the Employee's previous position
during this time for any reason or no reason.
3. A promoted Employee who returns to a previous position, regardless of the reason,
will be returned to the range and step the Employee held prior to promotion.
4. Employees who promote or transfer out of the bargaining unit have no rights to
return to their former bargaining unit position.
5. Promotional probationary employee means an employee who has not successfully
completed a probationary period for a position into which the employee was
promoted or hired.
6.3 Probationary Period after Demotion
When a Regular Employee is demoted for a non -disciplinary reason to a position in a job
classification where the Employee had previously completed a probationary period, no
probationary period shall be served. When a Regular Employee demotes into a position that
the Employee has not previously held regular status, the Employee shall be placed on a six
(6) month probationary period.
6.4 Discipline or Separation During Probationary Period
At any time during the probationary period, a newly hired Employee serves "at will" and may
be disciplined or discharged for any reason or no reason. Just cause is not required for any
form of discipline or separation during the probationary period under these circumstances.
ARTICLE 7 - PERFORMANCE EVALUATIONS & PERSONNEL FILES
7.1 Performance Evaluations
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 evaluations shall also be considered in
decisions affecting salary advancement, promotions, reassignments, dismissal, and training
needs.
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7.2 Periods of Evaluations
1. End of Probationary Period: Each Employee shall be evaluated within ten (10)
working days prior to the completion of their probationary period. If the
probationary period ends without being extended or the employee being
terminated, it is assumed the Employee performance is satisfactory even if a
performance review is not completed, and shall receive their pay increase.
2. Annual: Each Employee shall receive an annual performance evaluation. (see 7.3.5)
3. Special: A special performance evaluation may be completed when there is a
significant change either upward or downward in the Employee's performance.
7.3 The Evaluation Process
1. Rating 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. In the case of unsatisfactory performance,
the rating officer will include written comments as to the 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, but such form shall not be considered incomplete or invalid
because the Employee fails or refuses to sign it.
2. Reviewing Officer: The reviewing officer shall be the rating officer's immediate
supervisor. The reviewing officer shall review the performance evaluation completed
by each rating officer under their jurisdiction before the report is discussed with the
Employee. The reviewing officer shall consider the performance evaluation
completed by the rating officer when evaluating the rating officer's performance.
3. The Employee shall be allowed five (5) calendar days to prepare written comments
which will become part of the evaluation. No further comments or changes may be
made on the form by management after it has been submitted to the Employee for
final signature. The original performance evaluation shall be filed in the Employee's
personnel file with a copy of the final document provided to the Employee.
4. Police officers shall not be evaluated on the number of traffic stops and citations
they write or the number of arrests they make, unless they are provided written
directive by the department head, to the extent that the number of stops, citations
or arrests is indicative of performance, the figures may be considered during an
evaluation in conjunction with other factors.
5. Employees who receive an overall rating of "unsatisfactory" on their annual
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evaluation shall not be eligible to receive a step increase. Any unsatisfactory
performance evaluation will require review and concurrence by the City Manager.
6. When an annual evaluation is not completed and discussed with the Employee
within thirty (30) calendar days following the Employee's anniversary date in a
position, it is assumed the Employee is meeting performance expectations, unless
shown otherwise by substantial evidence. If a performance evaluation is not
completed timely through no fault of the Employee, it is assumed the Employee
performance is satisfactory, and shall receive their pay increase.
7.4 Personnel Files
1. The City shall maintain a confidential personnel file for each Employee in the
Human Resources office. No confidential or protected information will be
maintained by any individual City department unless specifically identified within
this Agreement or required by law.
2. An Employee shall have access to their personnel file in a reasonable period of
time following notice to the Human Resources office. Employees shall also be
provided a copy of the Employee's personnel file, or any parts thereof, within a
reasonable period of time following the Employee's request for a copy.
3. The Union, or any other third party, shall have access to an Employee's personnel file
only upon written authorization by the Employee specifying what files or documents
the Union or third party may review.
4. The Union Shall be present at an Employee's exit interview upon written request to
the Human Resource Manager and with the written authorization of the employee.
5. Nothing in this Section precludes the City from releasing an Employee's personnel file
as required by law or a court order.
ARTICLE 8 - DISCIPLINE AND DISCHARGE
8.1 General Policy
1. All Employees shall be informed of applicable standards of performance and
personal conduct. All City Employees shall have in their possession a copy of an
up-to-date personnel regulations manual.
2. All disciplinary actions 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
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behavior did occur, that it represents behavior that should be disciplined, that the
discipline is appropriate and that the behavior shall not be repeated. If agreed
errors are found, the letter shall be revised and again reviewed. Comments of the
Employee shall be entered under the appropriate heading.
8.2 Disciplinary Action Procedure
1. Regular Employees: The City shall notify SPEA Employees of meetings to be held that
may result in discipline in writing. The notification shall include the purpose of the
meeting, the date, time, and place that the meeting will be held, and that the
Employee has the right to request Union representation. Also, the notification will
allow twenty- four (24) hours as described in Section 8.3(2) to arrange for
appropriate representation to be secured if the Employee so desires. No Regular
(non -probationary) Employee shall be disciplined without just cause. The City will
follow the principle of progressive discipline at the appropriate steps and as applicable.
Progressive discipline steps may include but are not limited to:
a. oral reprimand (memorialized in writing);
b. written reprimand;
c. suspension without pay;
d. demotion; or
e. dismissal.
2. Probationary Employees: At any time during the probationary period, a new or
rehired Employee may be disciplined or discharged for any reason or no reason.
Just cause is not required for any form of discipline or separation during the
probationary period.
3. Mitigating circumstances may be considered when evaluating a just cause
disciplinary situation, to include the Employee's past performance, length of service,
and existence of past discipline.
4. A Bargaining Unit Member will have the right to examine his or her personnel files.
Reasonable requests for copies of material contained in personnel files will be
honored. Upon written request to the City Administration, disciplinary material may
be removed after two (2) years. In the event the requested material is not removed,
the bargaining unit member will be informed of the reasons why and the conditions
necessary for its removal.
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8.3 Right to Union Representative During Investigative Interview
1. Employees will be entitled to their Weingarten rights when answering questions
asked by their supervisor or by a City representative, when they believe their
response to the question(s) could lead to their being disciplined or terminated or
adversely affect their personal working conditions.
2. Employees shall be given twenty-four (24) working hours' notice of a
disciplinary interview, so they can arrange to have their Union representative
present.
3. The City will provide a copy of notices of a disciplinary interview to the Union
President and the APEA/AFT Field Representative.
8.4 Just Cause
"Just cause" means that justification exists for a proposed disciplinary action.
"Just cause" includes, but is not limited to, the following:
1. Insubordination, including failure to comply with a supervisor's instruction and
work assignment.
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. Drugs and Alcohol.
a. Employees will be terminated for use or possession of alcohol, marijuana 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 workplace.
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,
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SPEA Collective Bargaining Agreement 2026-2028
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.
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 worksite 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.
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 regulations.
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. Loss of necessary license or required certification for the position.
17. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal from
employment; or
18. Any other conduct commonly recognized by reasonable persons as justification for discipline,
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including dismissal.
8.5 Garrity Rights for Licensed Personnel of Police Department
Uniformed personnel of the Police Department shall be accorded the protections and
obligations provided in Garrity v. New Jersey, which requires, among other things, warnings
concerning right to counsel and the potential uses of statements made in the course of
investigatory interviews.
ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURES
9.1 Definition of Grievance
A grievance is a dispute involving the interpretation, application, or alleged violation of any
provision of this Agreement. It is the mutual intent of both parties to resolve any differences
at the lowest level. All Employees shall be encouraged to bring any disagreements to their
immediate supervisor initially to resolve such problems through informal and free
communication before the formal grievance procedure begins.
9.2 Procedural Steps
1. All grievances presented at Step 2 of this Article and beyond shall set forth: the
facts giving rise to the grievance; the provision(s) of the Agreement alleged to have
been violated; the names of the aggrieved Employee(s); and the remedy sought.
All grievances at Step 2 and beyond shall be signed and dated by the aggrieved
Employee and/or Union representative. All written answers submitted by the City
shall be signed and dated by the appropriate City representative.
2. Grievances involving a disciplinary suspension, or a termination of employment, must
be entered into the formal grievance procedure at the Step 2 level.
Step 1: The aggrieved Employee or group of Employees shall present the
grievance orally to the immediate supervisor within ten (10) working days of its
occurrence, not including the day of the occurrence. Pre -grievance discussion will
not extend the ten (10) working day period. The supervisor or department head
shall give an oral reply within five (5) working days of the date of presentation of
the grievance, not including the date of presentation.
Step 2: Written Grievance to Department Head. The Employee, through the
Union, no later than fifteen (15) working days after the event giving rise to the
grievance, or fifteen (15) working days after the Employee or Union should
reasonably have learned of the event giving rise to the grievance, whichever is
later, must submit a written grievance to the Department Head. The Department
Head shall give Employee written answer to the grievance within fifteen (15)
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working days after receipt of the grievance.
Step 3: Written Appeal to the City Administration. A grievance appealing a
dismissal of a grievance, or a grievance not settled at Step 2 shall be filed at Step
3. The Employee, through the Union, no later than fifteen (15) working days
after a dismissal or the receipt of the Department Head's written answer at Step
2 may file a written appeal of that answer to the City Administration. No later
than fifteen (15) working days after receipt of the written appeal, the City
Administration, or designee, shall meet with the Employee and the Union
representative. The City Administration, or designee, shall give Employee written
answer to the grievance within fifteen (15) working days after such meeting,
which answer shall be final and
binding on the Employee, the Union, and the City, unless it is timely appealed to
arbitration by the Union in accordance with the procedures set forth in Section
9.5 of this Article.
Step 4: Appeal to Arbitration per Section 9.5.
3. 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.
9.3 Time Limitations
1. If the grievance procedures are not initiated within the established time limits,
the Employee shall be considered as having waived his/her right to grieve the
particular violation or complaint.
2. Any grievance not taken to the next step of the grievance procedure within
the established time limits shall be considered settled based on the last reply
made.
3. If the City fails to meet or answer any grievance within the established time limits,
such grievance shall automatically advance to the next step.
4. If the grievance hearing before the appeal board under Step 4 of the grievance
procedure is not held within ninety (90) 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.
5. The time limitations set forth in this Article are of the essence of this Agreement. No
grievance shall be valid unless it is submitted or appealed within the time limits set
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forth in this Article. If the grievance is not timely submitted at Step 1 or Step 2, it
shall be deemed waived. If the grievance is not timely appealed to Step 2 or beyond,
it shall be deemed to have been settled in accordance with the City's Step 2 answer. If
the City fails without reasonable cause to request an extension or otherwise
communicate with the aggrieved party within the time limits or in the manner set
forth in this Article, the Union shall be granted the remedy requested. Any default
remedy cannot be used as precedent against the City if a similar situation arises in
the future.
9.4 Extension of Time Limits
The established time limits may be extended by mutual consent of the parties 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.
9.5 Appeal to Arbitration
Any grievance, as defined in Section 9.1 of this Article, that has been properly and timely
processed through the grievance procedure set forth in Sections 9.2 through 9.4 of this
Article and that has not been settled at the conclusion thereof, may be appealed to
arbitration by the Union by serving the City with written notice of its intent to appeal. The
failure to appeal a grievance to arbitration in accordance with Section 9.6 within fifteen (15)
working days after receipt of the written answer of the City at Step 3 of the grievance
procedure set forth in Section 9.2 of this Article shall constitute a waiver of the Union's right
to appeal to arbitration, and the written answer of the City at Step 3 of the grievance
procedure shall be final and binding on the aggrieved Employee, the City, and the Union.
9.6 Selection of Arbitrator
Unless otherwise agreed, no later than fifteen (15) working days after the Union serves the
City with written notice of intent to appeal a grievance to arbitration, the City and the Union
shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish to the
City and the Union a list of seven (7) qualified and impartial arbitrators. After receipt of that
list, the City and the Union shall alternatingly strike names from the list until only one (1)
name remains (the order of striking to be determined by the toss of a coin flipped by the
Union Representative and called by the City). The arbitrator whose name remains shall hear
the grievance.
9.7 Arbitrator's Jurisdiction
The jurisdiction and authority of the arbitrator and his or her opinion and award shall be
confined exclusively to the interpretation and/or application of the express provision(s) of
this Agreement at issue between the Union and the City. The arbitrator shall have no
authority to add to, detract from, alter, amend, or modify any provision of this Agreement.
The arbitrator shall not hear or decide more than one (1) grievance without the consent of
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the City. The written award of the arbitrator of any grievance adjudicated within his or her
jurisdiction and authority shall be final and binding on the aggrieved Employee, the Union,
and the City.
9.8 Fees and Expenses of Arbitration
The losing party as determined by the arbitrator shall bear the fee of the arbitrator; if, in the
opinion of the arbitrator, neither party can be considered the losing party, then such fees
should be apportioned as determined by the arbitrator.
9.9 Extension of Time Frames
Time frames for the grievance/arbitration process may be extended only by mutual
agreement of the Union and the City.
9.10 Delivery of Grievances and Responses
1. Grievances and responses shall be delivered by electronic communication.
2. For the purposes of the time frames in this Article, a grievance or response delivered
by electronic communication shall be considered submitted on the date the
electronic communication is sent, but the time for response or for filing the next
step shall not begin until the day after the electronic communication is sent. If the
last day of a time period falls on a Saturday, Sunday, or holiday, the period will be
extended until the next business day.
9.11 Sole and Exclusive Nature of Grievance Procedure
The grievance procedures of this Agreement are the sole and exclusive remedies of the
Employees of the City of Seward alleging violations of this Agreement and/or any disciplinary
actions or complaints.
ARTICLE 10 - SEPARATION/SENIORITY/LAYOFF
10.1 Actions That Constitute Separation from City Service
An Employee shall be separated from City service upon the occurrence of any of the
following, including but not limited to, resignation, medical separation, retirement, dismissal
for cause, release during probationary period, job abandonment, or layoff.
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10.2 Resignations
1. Notice of Resignation: An Employee who desires to resign in good standing shall give
at least fourteen (14) calendar days' written notice to their immediate supervisor.
Members of the Police and Fire Departments must provide at least thirty (30)
calendar days' advance written notice. The period of notice may be reduced or
waived by the City upon recommendation of the Department Head. A notice of
resignation shall become part of the personnel file. Employees who resign or are
terminated shall be paid in accordance with state and federal law.
2. Withdrawal of Resignation: An Employee may withdraw his or her resignation prior to
the effective date stated in the notice of resignation only with the written approval of
the Department Head and the City Administration.
3. Failure to Give Adequate Notice: 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.
4. Effective Date of Resignation: The effective date of resignation pursuant to a notice
of resignation shall be the last day on which the Employee works.
10.3 Medical Separation
An Employee who is unable to return to work following approved medical leave, with or
without pay, shall be separated in good standing from City of Seward employment.
Depending on the type of injury or illness, and whether it happened on or off the job, the
Employee may be able to take part in either the Long -Term Disability Program with the City
of Seward health benefit plan or the Long -Term Disability Plan under the retirement
system. Employees are responsible to make themselves aware of the particular
requirements in both Long -Term Disability plans and should contact the City if further
information is required, beyond what is provided in the plan documents.
10.4 Dismissal for Just Cause
1. The City Manager or Department Head, upon approval of the City Manager, may
dismiss a regular Employee for just cause, as stated in Article 8, Section 8.4.
2. The appropriate steps of progressive discipline shall be followed.
10.5 Seniority
1. Seniority means the total length of service and continuous employment with the
Employer in positions covered by this Agreement. Employees shall not accumulate
seniority during their probationary period. After an Employee has completed their
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probationary period and has been granted regular status, their seniority shall be
dated from the date of their employment. Leave without pay shall not be used in
the calculation of seniority.
2. The Seniority of an Employee shall terminate under any of the following conditions:
a. When laid off for a period of twenty-four (24) consecutive months;
b. When an Employee resigns from employment with the Employer;
c. When an Employee is discharged for just cause; or
d. When an Employee who is temporarily laid off fails to return to work within fourteen
(14) calendar days after written notice by certified mail to the Employee's last
known address (or delivered to the Employee personally) requesting such return
and, if such Employee fails to notify the City of the Employee's intention to return
to work within forty-eight (48) hours after receiving such notification or arrange
for a mutually agreeable return date.
3. 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 and
determining the order that employees shall be released, and consideration shall then be
given to employee's 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. There will be no discrimination based on
union membership or lack thereof.
10.6 Layoffs
1. The decision to lay off Employees shall be made solely by the City and shall not
reflect discredit upon the services of the Employee.
2. Notice Requirements:
a. An Employee shall be given at least thirty (30) calendar days advance notice
of a layoff.
b. The Union shall be notified in writing of any proposed layoff concurrently with
the Employee. The Union and City agree to discuss alternatives to the proposed
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layoff prior to the effective date of the layoff and to negotiate the effects of any
layoff if so requested by the other party.
3. The City shall not lay off an Employee and reclassify their former position with
the intention of filling the position with a temporary hire.
4. Layoffs may occur for any of the following reasons:
a. reduction in force because of a shortage or reduction of work or funds;
b. the abolition of a position;
c. change in departmental organization;
d. termination of a grant; or any other legitimate business reason
not inconsistent with the terms of this Agreement.
5. A regular Employee shall be offered a vacant position for which the Employee is
qualified in lieu of layoff. The Employee will be subject to the same qualifications
review as any new Employee to determine an appropriate wage.
6. A regular Employee retains the right to be recalled to a vacant position in the same
or similar job class, in the same or different department that the Employee
previously was regularly employed, for one (1) year after the layoff so long as the
Employee has indicated that the Employee is qualified and interested and available
to return to work.
7. Regular or probationary Employees shall not be laid off while
casual/temporary Employees are in a position in the same department for
which the regular or probationary Employees meet the minimum
qualifications.
10.7 Dismissal Notice or Severance Pay
In the case where a regular Employee who has completed a probationary period is laid off,
the City shall give the Employee forty five (45) days' notice or forty five (45) days of
severance pay.
10.8 Separation Paperwork
On or before the Employee's last day of work, the Employee shall complete all separation
paperwork and return all City property as required by the City.
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ARTICLE 11- PAY AND PAYROLL
The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate,
and maximum rates of pay for all positions. 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. The City Administration shall be responsible for developing the pay plan and
pay schedule.
The parties agree to discuss steps and years of services during the next negotiation cycle, as
the parties agree that years of service are important and alternatives to the longevity bonus
should be discussed during the next negotiation including possibly reflecting years of service
in an employee's range and step.
11.1 Wage Schedule and Pay Rates
1. On January 1, 2026, employees will receive a 3% (COLA) cost of living increase. The Salary
Schedule for the first year of the contract (January 1, 2026 — December 31, 2026) is posted in
Appendix A.
2. On January 1, 2027, employees will receive a (COLA) cost of living increase added to the
Salary Schedule in Appendix A. The increase will be based on the U.S. Department of Labor
Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska for calendar
(January — December) year 2026 (Annual average) plus a half a percent (0.5%), but shall not
be less than two and a half percent (2.5%) or exceed five percent (5%).
The City shall provide the 2027 Salary Schedule to the Union and make it available to
employees covered by this contract.
CPI-U for Urban Alaska Calendar Year 2026
COLA Effective January 1,
2027
Less than 2%
2.5%
Greater than or equal to 2% and
equal to or less than 4.5%
CPI-U + 0.5%
Greater than 4.5%
5%
3. On January 1, 2028, employees will receive a (COLA) cost of living increase added to the
2027 Salary Schedule. The increase shall be based on the U.S. Department of Labor
Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska for calendar
(January — December) year 2027 (Annual average) plus a half a percent (0.5%) but shall not
be less than two and a half percent (2.5%) and shall not exceed five percent (5%).
The City shall provide the 2028 Salary Schedule to the Union and make it available to
employees covered by this contract.
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CPI-U for Urban Alaska Calendar Year 2027
COLA Effective January 1, 2028
Less than 2%
2.5%
Greater than or equal to 2% and equal
to or less than 4.5%
CPI-U + 0.5%
Greater than 4.5%
5%
4. If the City Council adopts an ordinance that freezes wages for all City employees, the
parties agree to confer immediately for the purpose of arriving at a mutually
satisfactory letter of agreement.
11.2 Starting Rate on Initial Employment
1. The entrance pay rate shall normally be the minimum rate in the pay range (step A)
prescribed for the class.
2. If an applicant demonstrates experience, skills, and/or education beyond the minimum
required for the position as specified in the position description, a department head, subject
to the approval of the City Manager, may make an appointment above the entrance pay rate
up to step E in recognition of the qualifications.
3. In no instance shall an appointment be made above step E except with the approval of the
City Manager.
11.3 Rate of Pay on Promotion
1. When an Employee is promoted from one position to another having a higher pay
range, the Employee shall receive an increase of not less than one pay step. If the
Employee's current rate of pay is below the minimum rate of the new position, the
pay shall be increased to the minimum step of the new position. If the Employee's
current rate of pay falls within the range of the new position, the pay shall be
adjusted to the next higher pay step in the range for the new position which is at
least equal to one step increase above his/her current pay rate.
2. Upon completion of an approved course of education, including training that results in
a job -related certification, an Employee will receive a one-step increase in pay effective
in the next payroll cycle, limited to once per calendar year. The Employee shall furnish
all relevant diplomas, certificates, transcripts, or other documentation prior to
processing. City Administration shall compile and maintain a list of valid trainings and
certifications that meet the requirements of this increase and shall submit the current
list for review by SPEA no later than March 15 of every year. An Employee may petition
to the City Manager or the City Manager's designee for consideration of an education
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program that is not on the pre -approved list.
11.4 Rate of Pay for a Reclassification of a Position
In any case where a position is reclassified, the pay step of the Employee occupying the
position shall be that step in the new range which will provide the Employee with initial
compensation at least equal to the step held in the old range. Anniversary date remains
unchanged and no additional probationary period shall be required beyond that required of
the position that is reclassified if the essential functions are the same between the old and
new classification. In the event the reclassification results in a pay decrease, the Employee's
rate of pay shall be frozen.
11.5 Upward or Downward Range Change of a Job Class
In the case of a proposed decrease in the pay range for a class of positions, employees keep
their current rate of pay.
11.6 Promotion Following Demotion In lieu of Layoff
If within one (1) year following a demotion in lieu of layoff, an Employee is reassigned back
to a position in the former job classification the Employee was in at the time of Layoff, the
Employee shall be placed at the same range and step the Employee was paid at prior to the
demotion in lieu of layoff.
11.7 Transfers
When an Employee is assigned to a new position in the same class for which the Employee is
qualified, the Employee shall be transferred at the step the Employee was receiving, and no
probationary period shall be served. The Employee's anniversary date shall remain the same
as in the former position.
11.8 Demotion
When an Employee is demoted, the Employee's pay step shall be that step which is
determined by the Department Head and approved in advance by the City Administration.
11.9 Completion of Probation
Upon satisfactory completion of the probationary period after initial appointment, the
entrance salary of the Employee shall be advanced one step.
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11.10 Annual Step Increase
1. Employees who receive a performance evaluation of average or good to excellent
shall receive an annual step increase.
2. A new Employee, after serving a 180-day 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 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 P, he/she
must continue to demonstrate satisfactory service.
3. 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 transfer that may occur
during the course of an Employee's service with the City, except for a period of leave
without pay in excess of thirty (30) days, in which case the Employee's anniversary
date and length of service date shall advance by the number of days in excess of
thirty (30).
4. Current regular Employees will be placed at the step and pay that reflects actual and
credited years of service in their current department. Employees may receive
credited service through the evaluation process or advance step placement.
5. In the event of a future wage and/or classification study in which grades and/or
steps are changed, no regular Employee may be placed below their current step
and pay per article 11.10.4.
11.11 Acting Appointments
When any Employee is temporarily assigned to a position with a higher pay range for a
period of at least three (3) consecutive days but less than thirty (30) days, he/she shall be
compensated above his/her base rate by twenty-five percent (25%). If an Employee's base
rate is the maximum of the pay range, he/she shall be compensated above the maximum
pay step by twenty-five percent (25%). If the assignment is for a period of thirty (30)
calendar days or more, he/she shall be paid at the first step of the higher pay range or
he/she shall be given a twenty- five percent (25%) 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. An Employee acting in an exempt position will still
receive his or her hourly rate plus twenty-five percent (25%) and will be paid for overtime at
time and a half.
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11.12 Field Training/School Resource Officer
Police Officers, Dispatchers and Correctional Officers assigned Field Training Officer (FTO)
and School Resource Officer (SRO) duties shall receive a pay differential of two and one-half
percent (2.5%) for each hour so worked as an FTO or SRO. Individuals lacking documentation
of attendance at a formalized FTO training program are not eligible for FTO pay.
11.13 Overtime
1. All overtime work by a non-exempt Employee must have the prior written approval
of the Department Head. The Department Head shall review the record and certify
overtime approved for payment.
2. Non-exempt Employees shall be paid at one and one-half (1.5) times their regular
rate of pay for all hours actually worked in excess of their regularly scheduled shift
or forty
(40) hour consecutive hours without having at least one day off.
3. For employees who are working a 12-hour schedule (4 days on and 3 days off / 4
days off and 3 days on) to work more than 40 hours consecutive without receiving
overtime pay. They shall be paid overtime for more than 80 hours worked in a pay
period.
11.14 Call -Out Pay
1. Employees shall receive overtime pay if their normal shift has been completed and
after returning home they are "called out" to perform additional work by their
supervisor or if the Employee's supervisor requires the Employee to report before
Employee's normal shift is scheduled to begin. This "call out pay" shall have a two (2)
hour minimum.
2. Supervisors called off duty for questions from subordinates shall be paid in
15- minute increments of overtime.
3. Early Call -Out. An employee called into work between the hours of midnight and 7
am shall receive time and a half the employee's regular pay rate. The employee's
pay rate will revert to the employee's regular pay rate at 7 am on the employee's
normal schedule workday.
11.15 Stand -By Pay
Only Department Heads are authorized to create a stand-by schedule. Employees that are
placed on a schedule and must remain available for work after regular scheduled hours shall
be
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designated as Stand -By and receive two (2) hour of overtime at his or her regular rate of pay
with a two (2) hour minimum for a call -out. Employees receiving stand-by pay must answer
any incoming calls and be able to respond within thirty (30) minutes of the call being placed.
11.16 Stand -By Pay for Police Officers
An Officer will be placed on a schedule and designated as on call, subject to Stand -By Pay
11.15, on Friday and Saturday nights when only one officer is assigned to work a shift.
11.17 Shift Differential
Shift differential compensation applies to all Employees of those departments which
schedule work twenty-four (24) hours per day who are not exempt from the overtime
requirements of the Federal Fair Labor Standards Act on the following bases:
1. Swing shift: The Employee who is assigned to swing shifts shall receive three percent
(3%) additional pay to his/her current salary for the period he/she serves on swing
shift.
2. Graveyard shift: The Employee who is assigned to graveyard shifts shall receive six
percent (6%) additional pay to his/her current salary for the period he/she serves on
graveyard shift.
11.18 Payroll and Pay Periods
1. Nothing in this Agreement shall prohibit retroactive pay approved by the City Council
or required because of administrative oversight or error as determined by the City
Administration. Personnel action implementing any change in status or pay shall be
effective upon approval of the City Administration provided such changes are
received by the Payroll Office at least ten (10) working days prior to the effective
date.
2. The payroll period shall consist of the period from midnight Sunday to the
following midnight Sunday. The standard work day shall be midnight to
midnight.
3. Each Employee is responsible for a true and accurate reporting of actual hours worked.
a. Department Heads, or designee, shall be responsible for providing the
information needed to correctly process the payroll.
4. Break in service is defined as at least one (1) entire pay period off.
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11.19 Longevity Steps:
Upon receiving a merit increase that places the employee at Step P within their respective range, the
employee shall enter Longevity. The conditions to receive a merit increase while in Longevity shall be as
follows:
1. When an employee reaches the longevity steps of their assigned pay level, the employee shall
remain at each step for two (or more) years.
2. When the employee completes two (or more) years at each step, the employee moves to the next
step, provided the employee has received two consecutive evaluations with an overall rating of
"satisfactory" or higher on the employee's performance evaluations and worked continuously as a
regular or part-time employee.
3. If an employee in longevity receives an "unsatisfactory" or lower annual evaluation in either of the
two years required to receive a step increase, the employee will not be granted a pay increase until
the employee receives two consecutive "satisfactory" or higher evaluations.
4. Employees in longevity are prohibited from skipping steps and must remain at each step as
indicated.
5. Each step provides a 2% increase.
ARTICLE 12 - HOURS OF WORK
12.1 Hours of Work and Scheduling
1. Regular Hours of Work and Shifts: Regular working hours of City Employees shall
consist of a five (5) day week, eight (8) hours a day, forty (40) hours a week. The
standard work week shall consist of the period from midnight Saturday to the
following midnight Saturday. The standard workday shall consist of the period
between midnight and midnight.
2. Modified Schedule: Upon request and with approval of the Department Head, an
Employee may work a designated schedule period (e.g. 7:00 a.m. to 6:00 p.m.)
during which Employees may select an eight (8) or ten (10) or twelve (12) hour
work period, with the approval of their Department Head.
3. Department Heads may, with at least two (2) weeks advance written notice to
affected Employees, revise the schedule from an eight (8) hour workday to a ten (10)
hour workday or a twelve (12) hour workday or the reverse. Employees shall also
have the right to request their schedule be changed from an eight (8) hour workday
to a ten (10) hour workday or a twelve (12) hour workday or the reverse. Approval of
such a request is at the discretion of the Department Head but shall be
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SPEA Collective Bargaining Agreement 2026-2028
accommodated whenever it will not adversely affect the needs of the Department.
4. Employees of the Police Department work a varied shift totaling forty (40) hours
or more weekly.
a. Employees assigned a 12 hour schedule may work more than 40 hours a week
without being paid overtime so long as they do not exceed 80 hours in a two
week "work period." Employees will be paid overtime for hours worked in
excess of 12 hours worked in a day and in excess of 80 hours in a two -week
period.
b. All other employees working 12-hour shifts who are not exempt from the
overtime requirements of the federal Fair Labor Standards Act shall be paid at
time and one half for work over 12 hours in a day or 80 hour work period.
c. Employees assigned to work 12-hour shifts shall be assigned to day, swing or
grave shift. Shift times may be delegated by the Department Head. Swing shift
is paid a three percent 3% differential and grave shift is paid a six percent 6%
differential.
d. If a shift is temporarily adjusted to meet the needs of the department and
ends during the normal scheduled shift, shift differential will be based on the
normal scheduled shift and be pursuant to Section11.17 of the contract.
e. Holidays are paid at 8 hours a day at the current rate of pay. Arrangements need
to be made to work 4 hours at the current rate of pay or arrange to take annual
leave for 4 hours on the holiday, or pursuant to Article 13 of the contract.
f. An annual leave day off is 12 hours of leave.
5. An Employee's work schedule shall normally provide two (2) consecutive days off,
unless an emergency situation arises.
6. Nothing in this Agreement precludes Employees from requesting different work
hours or a different shift than that designated by the Employee's Department Head.
With the approval of the Department Head, flexible work hours may be
implemented on a departmental basis to accommodate Employees. The City will
endeavor to work with Employees and grant their requests based on seniority and
when operational requirements allow.
12.2 Temporary Schedules
Department Heads may implement temporary shifting of Employees' working hours to meet
routine needs. Changes of more than thirty (30) minutes may not be approved without a
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minimum of one (1) week's advance notice to the affected Employees. Nothing in this
paragraph precludes temporary changes in Employee working hours in an emergency
situation. If the essential functions of a position include emergency response during non-
scheduled hours, refusal to work an alternate schedule or extra hours in an emergency
situation without cause could result in discipline, up to and including dismissal.
12.3 Lunch/Break Period
1. Department Heads shall authorize either a one (1) hour or a half (1/2) hour unpaid
lunch period to meet operational staffing requirements. Such periods will normally be
taken at mid -shift. Employees who are not authorized a specific unpaid lunch period
under this Section will be allowed to take lunch when work permits. If, at the City's
direction, the Employee works through lunch, the Employee shall be paid for such
time.
2. Employees may work straight shifts with no lunch break if approved by the
Department Head. Straight shifts will be considered a Modified Schedule and
subjected to the terms of Subsection 12.1.2. A straight shift or "working through
lunch" is not available on an ad -hoc basis to allow an Employee to "make up time" if
he/she is unable to work the regularly scheduled shift for the day.
3. All Bargaining Unit Members are allowed one (1) relief period not to exceed fifteen
(15) minutes during the first half of the shift and one (1) relief period not to exceed
fifteen (15) minutes during the second half of the shift. Breaks shall not be
scheduled to extend the meal break, unless by mutual agreement. The relief period
shall be taken in a manner which does not interrupt the flow of work.
4. Police Officers and other first responders get a paid lunch under FLSA because they
are required to respond to calls.
Any City Employee called out during off hours for four (4) hours or more will be provided for
a meal. If a meal cannot be provided, a meal will be reimbursed up to the applicable per
diem rate.
12.4 Changes of Permanent Schedules
All changes to permanent working schedules shall provide those Employees affected at
least fourteen (14) calendar days' notice of any such change, except in unforeseen
emergency situations or when the Employees waive the need for notice, or they will be
paid at time and one-half (1.5) the Employee's regular rate of pay for hours worked
during the notice period.
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ARTICLE 13 - HOLIDAYS
13.1. Recognized Holidays with Pay
The following days will be recognized as holidays with pay for all Employees in full and part-
time positions.
New Year's Day Veterans Day
President's Day Thanksgiving Day
Seward's Day Day after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas
Day Labor Day
Alaska Day
and such other days as may be proclaimed by the Mayor, Governor, or President. Each full-time
employee shall also have one floating holiday per year, which may be scheduled with department head
approval. A floating holiday in any calendar year not taken by December 31 will be forfeited.
13.2 Holiday Falling on a Regular Day Off
When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as
the holiday. When a recognized holiday falls on a Sunday, the Monday following shall be
recognized as the holiday. When a full-time Employee's regularly scheduled time off falls on
a recognized holiday, the City Administration shall allow, if scheduling permits, that
Employee to take another day off during the pay period as the Employee's recognized
holiday. In such a case, the Employee's timesheet will reflect the holiday on the alternate
date, with all other compensable time recorded as per the Employee's normal Schedule.
If the Employee is unable to take the time off, the Employee shall be compensated with
regular pay equivalent to the number of hours in an Employee's regular shift in lieu of the
holiday. The hours will be recorded on the Employee's timesheet on the date of the
recognized holiday. This payment is in addition to and does not impact pay (wages) for hours
actually worked during the pay period, whether hours actually worked include a recognized
holiday (Section 13.1) or regularly scheduled workdays. This may result in holiday hours
entered for a normal day off with no compensable time or holiday hours recorded in
addition to actual hours worked on the date of the recognized holiday.
13.3 Computation of Holiday Pay
1. Full -Time Employees: Full-time employees shall receive their regular straight time
rate of pay for recognized holidays.
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a. The number of hours included in holiday pay is equal to the number of hours
worked in an Employee's assigned shift and shall be paid at the shift differential
of the shift the employee worked.
b. In the event the employee is scheduled off, the employee shall be paid 8 hours
of holiday pay.
2. Part -Time Employees: Part-time employees shall receive pay for recognized
holidays based on their position's percentage of a full-time position.
a. The number of hours included in holiday pay is equal to the number of
hours worked in an Employee's assigned shift and shall be paid at the
shift differential of the shift the employee worked.
b. In the event the employee is scheduled off, the employee shall be paid 8
hours of holiday pay.
3. Holiday during Paid Time Off: A recognized holiday occurring during an Employee's
PTO leave shall not be counted as a day of PTO leave.
13.4 Forfeiture of Holiday Pay
Employees shall forfeit their right to payment for any holiday if they are on leave without
pay (to include injury, military, or other non-compensable leave status) or have an
unexcused absence on the Employee's last regularly scheduled workday before such
holiday or on the Employee's next regularly -scheduled workday following such holiday.
ARTICLE 14 - PAID TIME OFF/LEAVE
14.1 Paid Time Off ("PTO")
1. Annual leave shall be used for any and all purposes for which sick and/or
annual leave has heretofore been used.
2. Requests for Time Off
a. Requests to take Annual leave for other than illness or injury must be requested
in writing and require written approval. Leave requests require the prior
written approval of the supervisor before any leave is taken. Employees in a
probationary status may only take personal leave if the leave was approved
prior to hire, (or) with Department Head approval, (or) if the leave is due to
injury or illness as described in Subsection 3 below.
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b. Employee requests to take Annual leave shall be given full consideration and, to
the extent practicable, approved. However, the parties agree that the final
decision with regard to approval or disapproval of any request shall be based on
the supervisor's determination of operational needs. The employee's supervisor
shall respond to an Employee's request for time off within fourteen (14) calendar
days for leave requested thirty (30) days in advance. In the event of multiple
requests for the same timeframe, the Department Head may consider the
Employee's seniority.
c. Annual leave may not be approved for Employees following notice of intended
resignation and Employees may not without permission of the Department Head
be kept on leave status to "run out" their PTO balance prior to termination.
d. Annual leave must be pre -approved, and therefore cannot be used in lieu
of tardiness or for a same -day request, except as noted in Subsection 3
below.
3. Requests for time off due to illness and injury.
a. When an Employee needs to use Annual leave for illness or injury, the
Employee shall notify the supervisor of their expected absence not later than
the start of the Employee's scheduled shift.
b. When a member takes three (3) or more consecutive workdays of Annual leave
due to an illness or injury (not necessarily consecutive calendar days), the
supervisor shall require the member to provide a physician's certificate stating
the reason for the absence.
14.2 Leave Accrual Rate
1. All Regular Employees holding permanent or probationary status will accrue leave
as follows:
Years of Services Hours Per Year Hours Pay Period
0 — 2 160 6.15
3 — 5 200 7.69
6 — 9 240 9.23
10 —14 303.33 11.67
15 + 347.1 13.35
2. The minimum numbers of hours of annual leave that must be taken yearly are
as follows:
a. For personnel with less than three years of service, 40 hours of leave must
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be used.
b. For personnel with three to six years of service, 60 hours of leave must be used.
c. For personnel with six years of service or more, 80 hours of leave must be used.
d. These limitations shall not apply to new employees until January 1 of the
second calendar year following the hire's date.
3. It shall be the responsibility of the department head to see that each employee under the
supervisor's 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 the supervisor's department failed to take the minimum annual leave hours
required. Such The documentation letter shall be made a part of the personnel file of the
employee in question. The city manager may waive these leave use requirements.
4. Probationary employees may use their leave with the department of head approval.
5. Leave does not accrue during periods of leave without pay.
14.3 Leave Anniversary Date
Changes in the leave accrual rate take effect on the first day of the pay period immediately
following the date on which the Employee completes the prescribed period of service.
14.4 Maximum Accrual
The maximum leave which may be in annual leave balance is 720 hours.
14.5 Payment of PTO upon Termination
Upon separation during initial probation, PTO shall not be granted or paid the employee. In
other separations, the PTO balance shall be paid in a lump sum based on the employee's
regular rate of pay.
14.6 PTO Leave Cash -Out
Any employee who has a balance of more than 240 hours of annual leave may submit a request to cash -
in any number of annual leave hours at the employee's regular rate of pay so that the balance of
remaining leave does not reduce the leave balance below 240 hours. An employee may submit such
leave cash -in requests no more than twice in any given fiscal year. 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 annual leave at his/hcr the employee's regular rate of
46
SPEA Collective Bargaining Agreement 2026-2028
pay, provided that in no case shall a cash -in be allowed to reduce an employee's annual leave balance
below 40 hours.
14.7 Donated Leave
Employees may request donations of annual leave when a necessitated absence from work
extends beyond the amount of personal leave an employee has available. Such requests
shall be made to the City Manager and are subject to City Manager approval.
a. The criteria for what events necessitate an absence from work shall include any
FMLA qualifying event and any other event the City manager deems to be a
qualifying event.
b. Upon a request for donated leave being approved by the City Manager, an email
shall be distributed to all City employees requesting donated leave. The request
shall include, but not be limited to, the employee's name, position, and general
reason for the need for additional leave. No request shall be sent without the
employee's prior approval. No confidential information shall be required for the
email.
c. No employee shall be required to donate leave for any request. All donations
shall be voluntary.
d. Donated leave shall not count towards minimum leave use requirements.
e. 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.
14.8 Military Leave
Employees shall be entitled to military leave in accordance with State law, including but not
limited to AS 39.20.340, and Federal law, including but not limited to USERRA.
a. 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 such
manner that the individual will not suffer a decrease in income or a loss of
benefits during the first 30 days of the military active duty or training period.
b. The city manager will be provided with a copy of the individual's orders to duty
c. The absence will be recorded during the first thirty calendar days
as administrative leave without charge to annual leave.
d. 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.
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SPEA Collective Bargaining Agreement 2026-2028
e. An employee called to active duty for a period exceeding 30 calendar days
shall be granted a leave of absence without pay for a period terminating 90
calendar days beyond termination of such active duty.
14.9 Worker's Compensation
1. An employee injured in the line of duty shall be entitled to workers' compensation
pay from the city's insurance carrier without deduction from annual leave balance
for up to six weeks. During the six weeks, the city shall pay the difference between
what the employee receives from the insurance carries and the amount the
employee would have received working 40 hours at their base rate. Retirement
benefits, annual leave accrual, and medical insurance coverage shall continue.
2. After six weeks have expired, the employee may elect to use annual leave. At that
time the employee will retain his/her insurance workers' compensation benefits.
While on annual leave, retirement benefits, annual leave accrual, and medical
insurance coverage shall continue.
3. After all annual leave has expired, or if the employee elects not to use annual leave,
the employee will receive only insurance workers' 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.
14.10 Jury Duty / Court Leave
Jury Duty shall be treated as administrative leave (with pay) from the City. Services 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 duty 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 to the City,
except the fees paid for court duty which occurs on the Employee's normal non -work days
may be retained by the Employee. Witness service for any purpose other than those
described above will be covered by annual leave or leave without pay and any fees received
in this connection may be retained by the Employee.
Employees serving on jury duty during their regular time off will be allowed to flex the time
to their regular work week or receive overtime pay at the discretion of the department
head.
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SPEA Collective Bargaining Agreement 2026-2028
14.11 Leave Without Pay
1. Leave without pay may be granted to an employee upon recommendation of
the department head and approval of the city manager.
2. Each request for leave shall be considered in the light of the circumstances
involved and the needs of the city.
3. Leave without pay shall not be requested nor granted until all annual leave has
been exhausted, except when an employee is absent and drawing workers'
compensation pay.
4. Normally, not more than 90 calendar days leave without pay may be granted
for personal reasons, unless the employee is on Family Medical Leave
(FMLA).
5. 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.
14.12 Family and/or Medical Leave of Absence
The City shall comply with the federal Family and Medical Leave Act (FMLA) and the State of
Alaska Family Leave Act (AFLA). FMLA and AFLA, when both are applicable, run concurrently,
and paid leave, when available, is charged during periods of approved family leave until
exhausted. During family leave, when the Employee is receiving no pay from the City, the
Employee is still responsible for remitting the Employee portion of any benefit -related
charges to maintain the benefit.
14.13 Bereavement Leave
Each full-time Employee shall be eligible for seven (7) consecutive working days of leave for use
upon the death of a member of the Employee's immediate family limited to one time per
calendar year. Such leave shall not be deducted from the Employee's PTO account.
Leave without pay up to an additional five days will be granted and may be
extended with approval from the City Manager.
14.14 Definition of "Immediate Family"
As related to this section, "immediate family" means the following: spouse, father, mother,
brother, sister, son, daughter, grandfather and grandmother including adopted, step or foster,
and mothers and fathers-in-law and legal guardians. _
49
SPEA Collective Bargaining Agreement 2026-2028
ARTICLE 15 - WORK RULES
15.1 Work Rules
The City shall have the right to establish and notify Employees of workplace policies,
procedures, and/or rules regarding any matter, and to require Employees to abide by such
policies, procedures, and/or rules, so long as such policies, procedures, and/or rules are not
inconsistent with any express provision of this Agreement. An arbitrator shall have no
authority to interpret, apply, add to, detract from, alter, amend, or modify such policies,
procedures, and/or rules.
15.2 Protection of Rights
An Employee shall not be required, in the performance of his or her duties, to violate any
federal, state, or local law. In performing his or her duties, an Employee shall comply with all
applicable federal, state, and local laws.
1. Each Employee is required to act with due care and regard for Employee's own
safety and that of fellow Employees and to respect the person and property of
other Employees and persons.
2. The City agrees that it will not deduct the cost of lost, missing, stolen, or
damaged property belonging to the City from an Employee's pay, provided the
loss or damage was not willfully or negligently caused by or through the actions
of the Employee.
3. It is recognized that GPS in City vehicles is a valuable and necessary safety tool.
a. GPS tracking shall not be used to initiate any formal action, including
discipline, demotion, or discharge. GPS tracking shall not be solely used to
begin an investigation.
b. GPS tracking can be used to further an investigation already in progress. GPS
tracking may also be used for health and safety purposes, such as to locate a
City vehicle when the driver has missed security check -ins, when a City vehicle
has been involved in an accident, or to resolve a citizen's formal written driving
complaint involving a City vehicle.
c. For good cause shown, City and SPEA shall have the right to review all GPS tracking
records of all City vehicles for the time period under investigation.
15.3 Non -Discrimination
1. Employees shall not be discriminated against with respect to compensation or terms
or conditions of employment because of race, national origin, color, age, creed,
religion, sex, sexual orientation, gender identity, political affiliation, marital status,
ancestry, disability, or status as a disabled veteran.
50
SPEA Collective Bargaining Agreement 2026-2028
2. The Employer and Union agree to comply with all state, federal, and local laws, rules,
or regulations prohibiting discrimination against any person with regard to all
aspects of employment or membership. Anti -discrimination laws shall take
precedence over the terms of this contract.
3. No Bargaining Unit Member shall be discriminated against for upholding lawful
union activities. Employees, who serve on an SPEA committee or committees or
serve as Employee Representative or as an officer of SPEA, shall not lose his/her
position or be discriminated against for these reasons.
15.4 Employee Indemnification
The City shall indemnify Employees as required by law.
15.5 No Polygraph or Lie Detector
The City agrees that it will not require, request, suggest, or cause any Employee, or
applicants for employment, to submit to examination by a polygraph or other kind of lie
detector as defined by 29 U.S.C. 2001. No examination by polygraph or other lie detector
shall be used in any personnel decisions, including discipline, discharge, or promotion. This
does not prohibit legitimate polygraph use for law enforcement pre- employment
screening.
15.6 Outside Employment
No Employee shall be employed by or engage in work for an employer other than the City,
including but not limited to self-employment, during the Employee's work hours. Nor shall
any Employee be employed in a position that presents a conflict of interest in regard to the
Employee's duties to the City. A conflict of interest shall be defined as: 1) when the
Employee's outside employment is likely to benefit from the Employee's position with the
City 2) when the outside employment is likely to cause the Employee's performance to
diminish and 3) when the Employee's City job duties involve regulating the proposed
employer.
15.7 Unlawful Acts Prohibited
1. No Employee shall willfully, negligently, or corruptly make any false statement,
certificate, mark, rating, or report in regard to any test, certification, or appointment
held or made, or in any manner commit or attempt to commit any fraud with respect to
reports, paperwork, or other duties that are required of the Employee under this
Agreement, City rules, policies, or procedures, or federal, state, or local laws.
2. No person seeking appointment to, or promotion in, City service shall, either directly or
indirectly, give, promise, render, or pay any money, service, or other valuable thing to
any person for, or on account of, or in connection with, his or her test, appointment,
proposed appointment, promotion, or proposed promotion.
51
SPEA Collective Bargaining Agreement 2026-2028
3. No Employee of the City, examiner, or other person shall defeat, deceive, or obstruct
any person in his or her right to examinations, eligibility certification, or appointment
under these rules, or furnish to any person any special or secret information for the
purpose of affecting the rights or prospects of any person with respect to employment
in the City service.
4. Discrimination against any person in recruitment, examination, appointment, training,
promotion, retention, discipline, or any other aspects of personnel administration
because of political or religious opinions or affiliations or because of race, color, creed,
sex, sexual orientation, gender identification, religion, national origin or ancestry, age,
or disability, except where physical requirements constitute a bona fide occupational
qualification necessary to proper and efficient administration, is prohibited.
15.8 Gifts and Gratuities
1. 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 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 encourage special consideration with respect to municipal operations, such offers
shall be reported without delay to the Employee's immediate supervisor who in turn will
inform the Department Head.
2. If there should be any doubt whether a gift or gratuities is of such significance as to create
undue influence upon the Employee, the matter shall be reported to the Department
Head. If any Employee shall knowingly accept any gift or gratuity which creates undue
influence or results in special consideration which benefits the giver, the Employee is
subject to progressive discipline, up to and including dismissal for just cause.
15.9 Employment of Relatives
No person may be employed in any 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 member 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 purpose of this Section, a family member
shall be defined as follows:
a. 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; step -children and their spouses; grand -stepchildren and their children; aunts;
uncles; nieces; and nephews.
b. If two Employees marry or otherwise become related (as defined by immediate family
52
SPEA Collective Bargaining Agreement 2026-2028
member), neither of the Employees will be allowed to hold supervisory authority over
the other one.
15.10 Political Activity
1. An Employee, who is elected as a member of the Seward City Council or to a state or
national elected political office, shall immediately resign from City employment. In this
Section, "elected" means the status of a candidate upon certification of a local election or
at the time the candidate is sworn into a state or national office following an election.
2. An Employee who is a political candidate for any elected office shall not conduct political
activities during work time or on City owned property. Use of City equipment to conduct
any political or personal activities is strictly prohibited.
ARTICLE 16 - SAFETY
16.1 Safety Rules
1. Safety rules, policies and procedures of the City, which the City may modify from time
to time, are incorporated by reference and made part of this Agreement. All
Employees must at all times comply with such safety rules, policies and procedures.
Any Employee who is injured on the job must make an immediate report to the
Employee's supervisor, no matter how slight the injury. Failure of an Employee to
follow safety rules, including the immediate reporting of injuries, may result in
discipline up to and including dismissal through the progressive discipline process.
2. The City and Union are mutually committed to the reasonable efforts to maintain safe
and healthful working conditions for all Employees. It shall not be a violation of this
Agreement or grounds for discipline or dismissal if an Employee, in good faith, refuses
to work in/on what the Employee reasonably believes to be unsafe conditions for his
or her job which would subject the Employee to serious injury or death. Whenever
possible, an Employee must first seek from the City a correction of the dangerous
condition. Employees shall not knowingly continue to work in what they know to be a
dangerous condition.
3. An Employee who notices an unsafe work condition is mandated to report the
unsafe condition to their immediate supervisor. The immediate supervisor shall
proceed to copy the City's designated OSHA Safety Officer or Human Resources
Administration.
16.2 Drug Testing
The City and Union agree that any drug and/or alcohol testing policy or procedure adopted
by the City Council or required by law shall be applicable to the Employees covered by this
Agreement. Failure of an Employee to comply with such policy or procedure shall be
53
SPEA Collective Bargaining Agreement 2026-2028
grounds for discipline up to and including dismissal.
16.3 Safety Devices and Uniforms
The City shall provide all devices, apparel or equipment necessary for an Employee's safety
in accordance with applicable laws. Additionally, the City shall provide special tools,
equipment, clothing and uniforms it deems necessary to accomplish work assignments. All
items provided to Employees in accordance with this Section are the property of the City,
may be used only for official work purposes, and when practicable, shall remain in their place
of employment at all times that the property is not in use by the Employee and shall be
returned in good working order upon separation from City service.
ARTICLE 17 - BENEFITS
17.1 Health Insurance
1. The City will provide all full-time Employees and their qualified dependents a
benefit package in accordance with Council approved policies. Full-time Employees
are those Employees who are normally scheduled to work thirty (30) or more hours
a week. Employees are solely responsible for any personal tax liability incurred for
said benefits.
a. Employees in positions exposed to unique hazards or which exhibit a proven risk
for the development of certain illnesses will be provided with medically
recommended immunizations or preventative screenings.
2. The City shall pay to the health insurance program, in the manner as determined
by Council for all Employees. If the City wishes to increase the employee health
insurance cost share, the parties will renegotiate the contribution amounts, if
necessary.
17.2 Health Insurance Renewal or Replacement
1. The parties agree to discuss healthcare and health insurance renewal through the Labor
Management Committee in Article 2, Section 7.
a. The Labor Management Committee shall have access to analyses of current plan
administration, claims payment administration, benefit plan design and utilization conducted
by or for the City. A representative of the carrier and any paid consultant shall be available to
the Committee, as required. As a minimum, the City will provide, through either the carrier
or the Consultant, quarterly reports of utilization by the City employees.
b. The Labor Management Committee may, by majority vote, make recommendations for
changes to the City Manager concerning any provision of efficient, effective health care
benefits including but not limited to utilization review, pre -certification requirements, cost
containment measures, employee education and preferred provider arrangements.
54
SPEA Collective Bargaining Agreement 2026-2028
c. Within ten (10) working days of receipt of all health insurance options each year the City
shall provide a copy of the options received to the Labor Management Committee. The City
shall review the options with the Labor Management Committee prior to reviewing or
replacing the health insurance program.
17.3 Annual Retention Bonus
1. All regular Employees, after completion of one (1) years' service equal to two
thousand and eighty (2,080) hours, shall be paid Annual pay at the rate of one and a
half percent (1.5%) of the employee's regular salary.
2. All regular Employees, after completion of five (5) years' service equal to ten
thousand and four hundred (10,400) hours, shall see the Annual pay rate increase to
two percent (2%) of the employee's regular salary.
3. All regular Employees, after completion of ten (10) years' service equal to twenty
thousand and eight hundred hours (20,800) hours, shall see the Annual pay rate
increase to two and a half percent (2.5%) of the employee's regular salary.
4. All regular Employees, after completion of fifteen (15) years' service equal to thirty-
one thousand and two hundred (31,200) hours, shall see the Annual pay rate increase
to three percent (3%) of the employee's regular salary.
5. All regular Employees, after completion of twenty (20) years' service equal to forty-
one thousand and six hundred (41,600) hours, shall see the Annual Pay rate increase
to three and a half percent (3.5%) of the employee's regular salary.
6. All regular Employees, after completion of twenty-five (25) years' service equal to
fifty-two thousand (52,000) hours, shall see the Annual pay rate increase to four
percent (4%) of the employee's regular salary.
7. Any break in City employment longer than thirty (30) calendar days will advance
the eligibility date by the number of days in excess of thirty (30). Time served as
a temporary Employee shall not be included.
8. Annual pay shall be paid once each year on the first pay day of December.
17.4 Retirement
1. The City has in effect a retirement plan with the Public Employees Retirement
System (PERS) for all eligible City Employees included in this Agreement.
55
SPEA Collective Bargaining Agreement 2026-2028
17.5 Training/Professional Development
1. The City and Union agree that education and training may enhance an Employee's
job performance and prepare the Employee for career advancement within the City.
To that end, the City and Union encourage Employees to take advantage of City -
sponsored training and/or professional development programs.
2. Department Heads shall provide active leadership in developing the Employees
under their supervision. In this capacity, they shall:
a. Cooperate closely with the city manager in determining the current and
future employee development needs in the department.
b. Participate with the city manager in developing and implementing
employee development programs
c. Budget sufficient funds to secure needed career development programs
d. Evaluate the effectiveness of completed career development programs and
make recommendations for improvement where appropriate
e. Assure that Employees are provided with sufficient time to participate in
career development programs.
ARTICLE 18 - LEGAL TRUST FUND
18.1 Legal Trust Fund for Bargaining Unit Members
In addition to the wages paid per Article 11, the Employer agrees to pay the Alaska Public Employees
Association/AFT Legal Trust Fund (hereinafter the Fund) $12.00 per month per Bargaining Unit
Member in pay status in the month in which the contribution is made.
1. The Employer will remit the amount due for the previous month to the Fund by the
tenth (10th) of each month.
2. The Fund will be sponsored and administered by APEA/AFT and the Employer will have
no voice in the amount or type of service provided by this plan, however, services must
be equally available to bargaining unit members, regardless of union membership, and
will not be used in actions involving or in a position adverse to the City of Seward. The
Fund will attempt to obtain the maximum service possible for the employees.
3. This Article confers only the right to demand and enforce payment of the required
contributions. Failure by the City to remit the required contribution does not give rise to
any grievance or cause of action by SPEA, its members or any other person for other
harm or damages that might result from the failure to remit the required contribution.
56
SPEA Collective Bargaining Agreement 2026-2028
The provision or retention of legal assistance under this Article is the sole and exclusive
responsibility of SPEA and/or the member. Unless such actions are taken to demand and
enforce payment by the City of the required contributions, SPEA agrees to defend,
indemnify and hold harmless the City against any and all legal actions, orders,
judgments or other decisions rendered in any proceeding as a result of the
implementation of this Article.
ARTICLE 19 - STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE
19.1 Strike/Lockout
The parties agree that there shall be no strikes, work stoppages, or lockouts during the life of
this Agreement.
19.2 Picket Lines
The parties agree that it shall be a violation of this Agreement and it shall be cause for
disciplinary action in the event an Employee refuses to go through or work behind any picket
line. The City specifically retains all of its rights under AS 23.40.200.
ARTICLE 20 - GENERAL PROVISIONS
20.1 Duration
This Agreement shall become effective January 1, 2026,and shall continue in full force and effect
through midnight, December 31, 2028. Thereafter, it shall automatically renew itself and
continue in full force and effect from year to year unless written notice of election to terminate
or modify any provision of this Agreement is given by one party not later than January 1st of
any succeeding year.
20.2 Severability
1. Violations: If any term or provision of this Agreement is, at any time during the life of
this Agreement, adjudged by a court or administrative body of competent jurisdiction
to conflict with any law, such term or provision shall become invalid and
unenforceable, but such invalidity or unenforceability shall not impair or affect any
other term or provision of this Agreement.
2. Replacement: If a determination or decision is made pursuant to Subsection 1 of this
Article that part of this Agreement is found to be in violation of law, the parties to
this Agreement shall convene for the purpose of negotiating a satisfactory substitute
for the invalidated article, section or portion thereof.
57
SPEA Collective Bargaining Agreement 2026-2028
3. Printing of the Agreement: The parties agree that a Union representative and a
person appointed by the City will meet and mutually agree on the format, size, and
specifications of the Agreement to be printed. The Union shall print or be responsible
for the printing of the Agreement. The parties will designate the number of copies of
the Agreement each desire and each party will be responsible for the cost involved in
printing that number of copies.
20.3 Waiver of Bargaining Rights and Amendments to Agreement
During the negotiations resulting in this Agreement, the City and the Union each had the
unlimited right and opportunity to make demands and proposals with respect to any subject
matter as to which the Alaska Public Employment Relations Act imposes an obligation to
bargain. This Agreement contains the entire understanding, undertaking, and agreement of
the City and the Union, after exercise of the right and opportunity referred to in the first
sentence of this Section, and finally determines all matters of collective bargaining for its
term.
20.4 Changes to Agreement
This Agreement may be amended with the mutual consent of the parties. Changes in
this Agreement, whether by addition, deletion, amended or modification, must be
reduced to writing and extended by both the City and Union in the form of a Letter of
Agreement.
58
SPEA Collective Bargaining Agreement 2026-2028
COLLECTIVE BARGAINING AGREEMENT
SEWARD PUBLIC EMPLOYEES ASSOCIATION CITY OF SEWARD
Shane Hand, President Kat Sorenson, City Manager
Mac Clark, Negotiator Jason Bickling, Deputy City Manager
Misha Gray, Negotiator Sully Jusino, Finance Director
George O'Dell, Negotiator Ashleigh Lipsey, HR Manager
Lindsay Kavanaugh, APEA Staff
59
SPEA Collective Bargaining Agreement 2026-2028
APPENDIX A SALARY SCHEDULE FOR 2026 PAY RANGES
with 3% COLA
FY26 3°/s COLA Increase
Grade
Position
grin
I Longevity Steps
Gads
A I R I C I D I E I F I 6 I I I I I 3 I R I L I M I R I C I P
1 1 2 I 3 I 4 I 5 I 6 I 7
1
5easona l5 17 & under Campground & Park Plaint Ades
20.19
20.69
21.71
21.74
32.29
22.84
23,41
24.00
24.61!
75.21
75.84
26AR
17,15
27.93
21153
39.24
29.63
30A2
31.03
3L6S
1228
32.93
3339
1
2
Seasorra is 18 & up, Firelighter! EMT.
21.81
22,35
22.91
2348
34.07
24.67
25,29
35.9I
26.57
27.23
27.91
28.61
39,33
30,015
3051
31.56
32.21
32.66
3331
3418
34.81
33.56
3628
2
3
Building CuStadlan, Fee Apparatus OperaIM', ReCl'Batlorlal 513e[1a II SG Program
Assistant Teen Res Room
23.55
34.14
24.74
2536
35.99
26.69
27.31
37.49
711.69
39.41
30.15
31199
31.67
32,48
33.28
34.11
34.79
35A6
36.19
36.32
17,66
38.41
39.18
3
4
ACCt Tech lltl lrt9 Cashier, DMV CIerk,DBLtrIC lltl lrt5 iaShreY, Fire Lreutenan[',
!Jimmy ode, Library Technldan
2543
26,07
26.72
2739
28,07
21.71
29,50
30.23
30.99
31.76
32,56
33.37
34,21
35,05
3594
36.84
37.17
1E.31
19179
19.87
40.67
41.46
4231
4
5
ACO Assistant Campground Coordinator, Executive Assistant, 5p0115 R ReC Manager
27.47
28.16
21.16
2938
3032
31.01
31,85
32.85
33.47
34.30
35.16
36.04
36,94
37.87
3281
39.78
40.66
41.30
4222
4306
4391
45.90
45.70
5
6
AC[.°um5 Payable. Assistant to €Mel, Firefighter/EMT, Harbor 013410 Manage, Park
Maintenance Supervisor, Payroll Tech, MN Tern, W/W OET
29.67
30.41
31.17
3195
32.75
3356
3 .40
35.26
36.14
37.05
37.97
38.92
39.90
489
0.
4192
42.96
43.82
44.70
45_S4
96.81
47.44
48.19
4939
6
7
ACO Supervlsol, Accounting Tech 11, Curator, Dispatcher, Electric °Rice Manager,
Rl erightel Engineer, Harter waiter 11, u1rary Deputy Director, Maintenance
Mechanic Willi Level I
3704
32.24
33.66
3450
3537
36.25
37.16
38.68
39.04
40.01
41.61
4234
43.09
4417
45.27
46.90
47.33
46.7E
46.24
69.71
6L11
62.26
5316
7
8
Accountrrg Tech III, Deputy City Clerte, Dispatch Supervisor, Manor Worker I11, 17
Tech. Shop Fore man. Street For email, W/W Level 11
34.60
35.47
36.35
37.26
38.19
39.15
90.13
41.13
42.16
43.21
44.79
45.40
96.54
47.70
48.89
50.11
SL12
52.14
63.1E
5415
66_11
96.44
1.T.5.7
8
9
sanding 0tri[.al, Fre Marshal, MAR Deputy Dllector, P2001 pincer, Senior
Accountant
37.37
38.39
39.26
40.24
91.25
42.28
43.39
44.92
45.53
96.67
47.84
49.03
50.26
5152
52.89
54.12
55.21
56.11
61.44
5256
99.76
69.95
62.17
9
10
M1113e1, senior 1T Tec2 067w FdhenWm
40.36
41,37
42.40
43.46
44,55
45166
46,81
47.98
49.17
50.40
51.66
52.95
54,28
55.64
57.03
58.95
59.62
60.81
6255
63.27
9434
65.,61
67.14
10
11
Deputy harbormaster, MR Manager, Patrol Sgt
43.59
94,68
45.10
46.94
98,11
4932
59.55
51.81
53.11
54.44
55.10
57.19
58,62
60.09
6159
63.13
64.39
65.68
6699
6433
64.70
71,69
1232
11
12
Community Development Director, Deputy Finance DIrea07, IT Director, Library
Museum Dlre[toi, PIR Dlre1tor
47.98
48,25
49.46
50.79
51,96
53.26
54,59
55.96
57.36
58.79
60.26
61.77
63,31
64.89
6652
68.18
69.14
70.93
7236
71.60
75.7E
76,76
76.12
12.
13
Deputy City Manager, Deputy FIIe Chief, Deputy Police Chrel, Marhprmaster, EBCDIC
COS Supervisor
50.84
52,11
53.42
54.75
56,12
5732
58,96
60.44
61.95
63.49
65.08
66.71
68,38
70.09
7154
73.63
75.11
74.61
78-14
79.70
81-30
112.92
ass
13
19
Electric General Manage, Finance Director, Fire Chlet, Police Chief, Public Works
Director
54.91
56.28
57.69
5913
60.61
62.12
63.68
66.37
66.90
68.57
70.29
7305
73.65
75.64
7759
79.53
E1.17
E7.74
8439
8626
87.60
69.56
9135
14
2 YRS 4 YRS 6 YRS 8 YRS 10 YRS 12 YRS 14 YRS
•FllellghteI 29 hi shires
L°ngeYlty Steps
• When an employee reaches the longevity steps of they assigned par level, the employee shall remain at each step for two f or more) years.
• When the employee completes two (or morel years at each step, the employee moves to the next step, provided the employee received an overall rating of
satisfactory or higher on the employees pertnrnance evaluanon and waked o°nL nxluslr as a regular lulltlme or part -brave employee.
• Employees In longevity are pi ohlinted from skipping steps and must remain at each step as Indicated.