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HomeMy WebLinkAboutOrd1995-005 . . Sponsored by: City Clerk Introduction Date: April 24, 1995 Public Hearing Date: May 8. 1995 CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING TITLE 3 OF THE SEWARD CITY CODE CONCERNING THE CITY CLERK DEPARTMENT, AND MAKING OTHER TECHNICAL REVISIONS TO THAT TITLE WHEREAS, on October 4, 1994, the voters of the City of Seward, Alaska, approved a proposition amending the Seward City Charter to establish a City Clerk Department administered by the City Clerk, and specifying the authority of the City Clerk in personnel matters related to the City Clerk Department; and WHEREAS, the City Council wishes to amend Title 3 of the Seward City Code to conform to the City Charter amendments described above and to make necessary technical revisions to that title; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Section 3.01.010 of the Seward City Code is repealed and reenacted to read as follows: 3.01.010 Title. This title may be known and cited as the personnel ordinance of the City of Seward. Section 2. Section 3.01.020 of the Seward City Code is repealed and reenacted to read as follows: 3.01.020 Scove. A. This title establishes policies and procedures for personnel adminis- tration for all officers and employees of the city other than elective officers, appointive officers and members of city boards and commissions. However, the provisions of this title may apply to an appointive officer to the extent that they are incorporated by reference in the employment contract between the city and the appointive officer. B. Where a provision of this title conflicts with a provision of a collective bargaining agreement covering city employees, the provision of the collective bargaining agreement shall govern. This title shall govern personnel policies and procedures for city employees covered by a collective bargaining CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 agreement to the extent that its provisions do not conflict with provisions of the collective bargaining agreement. Section 3. Section 3.01.030 of the Seward City Code is repealed and reenacted to read as follows: 3.01.030 Amendments. Upon the passage of an amendment to this title, the city personnel director shall distribute to all employees replacement pages for the city personnel manual incorporating the amendment. Section 4. Section 3.01.035 of the Seward City Code is amended by adding the following definitions: "Appointing authority" means the city manager, except that the city clerk shall be the appointing authority for all positions in the city clerk department. "Department head" means each of the following: the director of finance and administration, the director of engineering and utilities, the harbormaster, the chief of police, the fire chief, the director of community development, the director of parks and recreation, and the librarian. Section 5. Section 3.05.015.B.8 is amended to read as follows: B. City manafler. The city manager shall have the responsibility and authority to: 8. appoint and dismiss all city emvlovees [ADMINISTRATIVE OFFICERSJ except those appointed by the council or city clerk as stated in the charter. (See also H 2.20.010 and 2.20.015.) Section 6. Section 3.05.015 of the Seward City Code is amended by adding a new subsection C as follows and relettering the following subsections accordingly: c. City Clerk. The city clerk shall have the responsibility and authority to: 1. Administer recruitment and selectionfor positions in the city clerk department; and 2. Exercise all the authority assigned to a department head by the provisions of this title, provided that when the city clerk takes and action authorized for a department head under this title, the action is not subject to delegation from, or approval of, the city manager. -2- I I I CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 Section 7. Section 3.20.010 of the Seward City Code is amended to read as follows: 3.20.010 Policy. It shall be the policy of the eity of Seward to recruit and select the most qualified person for positions in the city's service. To ensure that this policy is carried out, it shall be the responsibility of the avvointim.! authority [CITY MANAGERJ to: 4JIJ. conduct recruitment and selection in an affirmative manner to ensure open competition; !l[2]. provide equal employment opportunity; g3] prohibit discrimination because of race, age, disability, political affiliation, religion, sex, national origin or any other discriminatorv factor vrohibited bv law. The standards set forth in the Americans with Disabilities Act of 1990 will be followed in the selection of employees of the city. Section 8. Section 3.20.015 of the Seward City Code is amended to read as follows: 3.20.015 Recruitment method. The appointinf.! authority [CITY MANAGERJ shall develop and conduct an active recruitment program designed to meet current and projected manpower needs. Recruitment will be tailored to the various classes of positions to be filled and will be directed to all sources likely to yield qualified candidates. Section 9. Section 3.20.025 of the Seward City Code is amended to read as follows: 3.20.025 Avvlication form. All applications for employment shall be made on forms prescribed by the avvointinf.! authority [CITY MANAGER]. Such forms shall require background information to include training, experience and other pertinent information. All applications must be signed and the avpointing authority [CITY MANAGER] shall require proof of statements. Application forms shall not elicit any information concerning race, politics, religion [OR] national origin, marital or family status. Section 10. Section 3.20.035 of the Seward City Code is amended to read as follows: 3.20.035 Reiection of avvlicants. A. The apvointinf.! authority [eITY MANAGERJ may reject any application which indicates that the applicant does not have minimum qualifica- tions established for the position. Applications may also be rejected if the applicant: 1. has deliberately falsified any information on the application form; -3- CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 2. is unable to meet the physical and other requirements which have been demonstrated as necessary to peiform the work of the position; 3. is unable to meet the mental requirements necessary to perform the work; 4. does not meet the legal age limits or other requirements established by state law; 5. has established an unsatisfactory employment record of such nature as to demonstrate unsuitability for the position. B. Whenever an application is rejected, notice of such rejection shall be promptly made to the applicant. Section 11. Section 3.25.010 of the Seward City Code is amended to read as follows: 3.25.010 Selection devices. The appointinf! authoritv(eITY MANAGER}, in conjunction with the department heads suvervisinf! the vositions, shall determine[IS RESPONSIBLE FOR DETERMINING} the selection device or devices to be used to obtain the best qualified candidates for each class of positions. Selection devices shall be utilized separately or in various combinations as appropriate to the class and available manpower resources. Such selection devices may include work sample grfOFJ performance tests, practice written tests, individual physical examinations, background and reference inquiries and evaluation of training and experience. Section 12. Section 3.25.030 of the Seward City Code is repealed and reenacted to read as follows: 3.25.030 Method of rating. The appointing authority shall establish a minimum or passing rating for each device used in the selection process. The final rating shall be determined for applicants with passing ratings in accordance with the weight establishedfor each device as contained in the job announcement. Section 13. Section 3.25.035.C of the Seward City Code is amended to read as follows: C. Promoted emvlovee vrobationary. When it becomes clear that an employee serving a promotional probationary period is not performing adequately, the employee shall be so informed in writing~ with a copy to the avvointing authoritv(CITY MANAGER]. If reassignment is found to be necessary, the employee shall be reassigned to a position in his previous class and his anniversary date shall remain unaffected. Section 14. Section 3.25.045 of the Seward City Code is amended to read as follows: -4- I I I CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 3.25.045 Emergencv avvointments. The armointinf! authority may authorize emergency appointments not to exceed thirty calendar days [MAY BE AUTHORIZEDJ without recourse to usual certification procedures. Such appointments shall be made only in cases of an unforeseen emergency and when necessary to prevent impairment of city services. Emergency appointments are not entitled to any fringe benefits. Section 15. Section 3.25.050 of the Seward City Code is repealed and reenacted to read as follows: 3.25.050 Term aDDointments. 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 six months and less than two years for a specific purpose or project. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee, except that a term employee appointed to a position of less than one year shall not accumulate annual leave or be authorized military, education or maternity leave. However, leave benefits shall be paid 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. Section 16. Section 3.30.015 of the Seward City Code is repealed and reenacted to read as follows: 3.30.015 Administration. The appointing authority shall administer the evaluation of employee performance. Administering the evaluation of employee performance shall include advising and assisting employees, rating officers and reviewing officers to assure that performance evaluation procedures are handled in accordance with the provisions stated in this chapter. Section 17. Section 3.30.025.B of the Seward City Code is repealed and reenacted to read as follows: B. Reviewing officer. The reviewing officer shall be the rating officer's immediate supervisor. The reviewing officer shall review the performance evaluation report completed by each rating officer under his jurisdiction before the report is discussed with the employee. The reviewing officer shall consider the performance evaluations completed by the rating officer when evaluating the rating officer's performance. The reviewing officer for a department head acting -5- CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 as rating officer shall be the appointing authority. There shall be no review of the appointing authority acting as rating officer. Section 18. Section 3.30.030 of the Seward City Code is repealed and reenacted to read as follows: 3.30.030 Review of verformance report. The rating officer shall discuss the performance evaluation report with the employee before the report is made part of the employee's permanent record Before discussing with an employee a performance evaluation report recommend- ing the denial of a step increase or the granting of more than one step increase, the rating officer shall discuss the report with the reviewing officer and the appointing authority. Section 19. Section 3.30.055 of the Seward City Code is repealed and reenacted to read as follows: 3.30.055 Susvension without vav. Except as this section provides otherwise, the appointing authority, or a department head with prior approval of the city manager, may suspend an employee without pay (i) for cause for a period not to exceed thirty calendar days in any calendar year or (ii) while disciplinary charges against the employee are pending final disposition. A suspension shall be recorded in writing and a personnel evaluation report shall be completedfor any suspended employee. Both documents shall be reviewed with the employee immediately after preparation if possible. Following this action, a copy shall be given to the employee and a copy forwarded immediately to the appointing authority. Section 20. Section 3.40.015 of the Seward City Code is repealed and reenacted to read as follows: 3. 40. 015 Suvervision of grievance vrocedure. The appointing authority shall oversee the handling of all employee grievances so that they are processed in accordance with the procedures stated in this chapter. Supervisors and department heads shall keep the appointing authority informed of all grievances in progress. -6- . I . CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 Section 21. Section 3.40.030 of the Seward City Code is amended to read as follows: 3.40.030 Grievance vrocedures steps. A grievance shall be handled in the following manner: Stev 1. The aggrieved employee or group of employees shall present the grievance orally to the immediate supervisor within five working days of its occurrence, not including the day of the occurrence. The supervisor shall give an oral reply within three working days of the date of presentation of the grievance, not including the date of presentation. Stev 2. If the grievance is not settled in Step 1, it shall be prepared in detail, shall be reduced to writing, dated, signed by the aggrieved employee or group of employees and shall be presented to the department head within five working days after the supervisor's oral reply is given. The department head shall reply in writing to the grievance within five working days of the date of the presentation of the written grievance, not including the date of the presentation. Step 3. If the grievance of an emplovee or $!TOUP of emvlovees in the city clerk devartment is not settled at Stev 2, the emvlovee or f!rouv of emplovees shall vroceed directly to Stev 4. If the grievance of any other emvlovee or f!TOUV of emvlovees is not settled in Step 2, the written grievance shall be presented along with all pertinent correspondence, records and information accumulated to date to the city manager within five working days after the department head's response is given, not including the day the response is given, with a copy going to the department head. The city manager may meet with the aggrieved employee or group of employees, the immediately supervisory personnel and the department head. The city manager shall reply to the grievance in writing within five working days of the date of presentation of the written grievance, not including the day of presentation. Step 4. a. If not satisfied with the [e1TY MANAGER 'SJ decision of the avpointing authority in the preceding step, an employee or group of employees may request a hearing before an appeal board bv submitting a reauest for a hearing to the avvointing authority within five working davs after receiving the decision from which the avveal is taken. not including the dav the decision is received. The appeal board shall consist of three people chosen from a list of available local representatives of management and labor who are not city of Seward employees or elected officials. The appointing authoritvfC1TY MANAG- ER J will select one person from the list, the employee shall select one person from the list and the third person shall be mutually agreed upon. In the even of inability to agree on a third member, the employee and avvointinf! authoritvfCITY MANAGERJ will alternately strike names from the list until only one name remains. The remaining name will be the third board member. The employee will be given the first opportunity to strike a name from the list. The appeal board will agree to designate one of its members as chairman. -7- CITY OF SEWARD, ALASKA ORDINANCE NO. 95-05 b. The board shall conduct the hearing expeditiously and in a manner to obtain a clear understanding of the facts. The procedure shall be informal. Technical rules regarding evidence and witnesses do not apply. Witnesses will be considered on duty status if they would otherwise be on duty at the time of the hearing. Witnesses shall be encouraged to express themselvesjUlly without fear of intimidation or reprisal, c. The board shall submit a written report of its findings and determination to all interested parties within five working days after hearing testimony. The decision of the board is the final step within the administrative process of the city of Seward. Section 22. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of May, 1995. THE CITY OF SEWARD, ALASKA tJOAre t&. ~~ Dave W. Crane Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Darling, King, O'Brien, Sieminski None Deeter None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~f~ City Attorney , . ~ . ;"C.'':..."..,.h -8-