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HomeMy WebLinkAboutOrd2013-013 Sponsored by: Hunt Introduction: December 9, 2013 him Public Hearing: December 16, 2013 Enactment: December 16, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING EMPLOYEES OF THE SEWARD COMMUNITY HEALTH CENTER TO BE NON-PERS EMPLOYEES OF THE CITY FOR A LIMITED TIME, AND AMENDING PORTIONS OF TITLES 2 AND 3 OF THE SEWARD CITY CODE WHEREAS, the City Council approved Resolution 2010-109 on November 8, 2010 directing the City Manager to submit an application for federal funding to establish a Federal Qualified Community Health Center; and WHEREAS, the City Council approved Ordinance 2010-008 on December 13, 2010 establishing a Board of Directors of the Seward Community Health Center ("CHC"); and WHEREAS, in accordance with the federal statutes and regulations regarding Federal Qualified Community Health Centers, the City appointed the initial Board of Directors; and hop WHEREAS, the City and the CHC partnered to apply to the federal Health Resources and Services Administration for grant funding for a Federal Qualified Community Health Center; and WHEREAS, the grant application was approved and the City is working with CHC to be able to provide an operating clinic in February 2014; and WHEREAS, the City Council held a work session November 25, 2013 to discuss whether the clinic employees should be City employees, under what terms, and for how long; and WHEREAS, the City Council finds that it is in the best interests of the City of Seward to temporarily employ CHC staff so that employees can obtain City benefits and the CHC can adopt certain of the City's employment procedures,allowing the CHC Board to focus on other operational matters during the initial operating period. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, HEREBY ORDAINS that: Section 1. Chapter 2.40 ESTABLISHMENT OF SEWARD COMMUNITY HEALTH CENTER BOARD of the code of the City of Seward,Alaska is hereby amended to read as follows: CITY OF SEWARD, ALASKA ORDINANCE 2013-013 Page 2 of 6 Strikeout = Delete Bold = New 2.40.010 Purpose. It is the purpose of this chapter to authorize : • .•- -. •-• •. the bBoard of dDirectors for the Seward Community Health Center,an independent non-profit entity, to operate a community health center in Seward. The city and the Board intends to work cooperatively together with such entity to improve access to primary health care in the community, pursuant to Section 330 of the Public Health Service Act (42 U.S.C. § 254b). 2.40.020 SCHC Board. A. There is established the Seward Community Health Center ("SCHC") Board of Directors ("Board"):, serving as the Co-applicant Board providing the required community- based governance for the community health center. The initial members of the Board shall be appointed by the city council. Chapter 2.35 Indemnification of the Seward city code does not apply : Et. - E :: : - - - :- • - • - : - , - - . • - - . B. The Board shall operate the SCHC consistent with the requirements of federally qualified health centers under Section 330 of the Public Health Service Act(42 U.S.C.§254b), in the best interests of the community, this chapter 2.40 of the Seward City Code, and in ils■ accordance with its own bylaws. B. The Board shall consist of nine to twenty five persons having an interest in the health Board shall be served by the SCHC and shall, as a group, be representative of the area served by SCHC in terms of demographic terms such as age,gender,race,and ethnicity. No more than 50%of . - - - - • - •:. - - O . ••• - , • - : - • • -•. gt. --- -- :- •-• •- access to confidential patient records. C. Each board member shall be appointed for a term of three(3)years or the unexpired •- ' - : - :-, • - :- and Secretary shall be elected for a term of one (1) year or the unexpired portion of his or her predecessor's term. - - - : : •: : : -- -- office for the best interests of SCHC as the Board deems sufficient, including when a member: 1. Moves outside of the area served by SCHC; eml 2. Is absent from three (3) consecutive meetings or from three (3) meetings - . • : -- Et. :; : CITY OF SEWARD, ALASKA ORDINANCE 2013-013 Page 3 of 6 it 3. Is convicted of a felony offense, or an offense involving a violation of the duties of the office. 2.40.030 Powers and Duties of the Board. A. The Board shall create operate SCHC consistent with the requirements of community health centers under Section 330 of the Public Health Service Act (42 U.S.C. § 254b), and shall appoint an Executive Director for SCHC, who shall serve at the pleasure of the Board. The - - . • • !. - . - - - •- - . . -- : -. . The Board shall submit an annual budget for the health center to the council for approval,as a co-applicant requirement of Section 330. The Board shall submit the budget no later than October 1 of each year,for the following fiscal year. If the Board unreasonably fails to approve an annual budget, the City may still submit the annual funding request under Section 330 of the Federal Public Health Service Act. No budget shall become effective without council approval. B. The Board shall be authorized to: 1. Select the services to be provided 2. Determine the hours during which services will be provided 3. Hire an Executive Director of the SCHC. -. - . - ---- -. -. _- - . . . •- - • . , that if the Board's failure to approve the annual budget is unreasonable, the City may still submit the annual funding request under Section 330 of the Federal Public Health Service -- _ - e • - • • proposed budget for the following fiscal year. No budget shall become effective without council approval. 5. Establish general policies for the SCHC except where the human resource management and fiscal policies of the City may apply. 6. Employ or be responsible for the employment of SCHC employees, and 7. Perform other duties as the City Council may request. C. Board meetings shall be subject to the following: 1. The Board shall elect annually from its members a chairperson to conduct the Chairperson. The Executive Director shall choose an SCHC staff person or other person to Lim 2. The Board shall generally meet monthly but no less than 12 times per year. All meetings may be attended via teleconference. CITY OF SEWARD, ALASKA ORDINANCE 2013-013 Page4of6 3. Special meetings may be called at any time by the Executive Director, the Board Chairperson, or by a signed petition of a majority of the Board members. A Board meeting will be held with two (2) weeks of such a request. /I. Board members may vote at regular or special meetings when a quorum is . • • .. -- • - - - . ° . quorum is present. 5. The elected secretary, or a member appointed when the secretary is absent, minutes of each Board meeting. Minutes of the previous Board meeting will be reviewed and approved at the beginning of each Board meeting. Board minutes shall be made available to SCHC staff and members of the public upon request. 6. All SCHC Board meetings shall be open to the public. 7. The Board may hold an executive session that is closed to the public for specific actions requiring the protection of information, such as discussions about pending litigation, protected health information, personnel evaluations or proprietary business information. B. The Board shall provide annually all the SCHC records necessary to assure that the SCHC operations comply with applicable Federal, State and local laws and regulations. C. The Board shall enter into a co-applicant agreement with the City of Seward. 2.40.040. City Powers and Duties. A. The city shall have access to SCHC records necessary to assure that the SCHC operations comply with applicable Federal, State and local laws and regulations. The Board shall cause SCHC to file for independent non profit 501(3)(c) status with the Internal Revenue Service. B. The city shall have the right to approve the selection of an executive director of SCHC. B. The City shall provide fiscal oversight in accordance with current law and City policies. C. The City Council shall be responsible for adopting the community health center's annual operating and capital budgets as finally approved by the Board; the City Council may not unilaterally revise a budget approved by the Board or approve an alternate budget for the community health center without review and final approval by the Board, which then returns to council as governed in Seward City Code 2.40.030 (a). CITY OF SEWARD, ALASKA ORDINANCE 2013-013 Page 5 of 6 l L SCHC, assure accountability for SCHC resources, approve the annual SCHC community health D. If approved by council resolution, the city may provide human resources, risk management, legal, accounting, and general administrative services to the SCHC. Section 2. Section 3.01.020 of the Seward City Code is amended to read as follows: Strikeout = Delete Bold = New 3.01.020. Scope. A. This title establishes policies and procedures for personnel administration for all employees of the city except the city manager, the city attorney,the city clerk, the mayor,members of the city council and members of city boards and commissions. The provisions of this title may apply to the city manager, the city attorney, or the city clerk only to the extent that they are incorporated by specific reference in a written employment contract with the city. B. Where a provision of this title conflicts with a provision of a collective bargaining agreement covering city employees, the provision of the collective bargaining agreement shall govern. This title shall govern personnel policies and procedures for city employees covered by a collective bargaining agreement to the extent that its provisions do not conflict with provisions of the collective bargaining agreement. C. For purposes of health insurance,and any other aspects of employment agreed upon in a co-applicant agreement approved by city council, Employees of the Seward Community Health Center shall be deemed city employees. Such agreement will require the health center to be fully and solely responsible for all aspects of employment,including payroll administration, hiring, training, supervision, discipline, grievances, and termination. The health center may adopt provisions of this title as its employment policies and procedures. The health clinic will maintain health insurance,liability insurance,and workers' compensation for so long as health center employees remain City employees. The health center may provide retirement benefits but health center employees shall not be covered by PERS. Section 3. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 16111 day of December, 2013. CITY OF SEWARD, ALASKA ORDINANCE 2013-013 Page 6of6 ari THE CITY OF SEWARD, ALASKA A14&°'(31°Ij can Bardarson, Mayor AYES: Keil, Shafer, Casagranda, Terry, Squires, Butts, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: .1• canna Kinn, MC C,ty Clerk (City Seal) ••v"•I,,,, i _fir w • ® , SEAL • O F° s� a OQ�. :�...i r,:,i COUNCIL AGENDA STATEMENT cm of Meeting Date: December 9, 2013 /644 1.t41 From: James Hunt,City Manager Agenda Item: Community Health Center Employees to be Employees of the City of Seward - BACKGROUND&JUSTIFICATION: The City of Seward and the Seward Community Health Center (SCHC) Board are co-applicants in the newly funded Section 330 federally qualified health center (FQHC) in Seward. As the entities work together to improve access to primary healthcare in Seward, it appears that City employment of the SCHC employees will help to strengthen the safety net of the newly established clinic, improving the opportunity for the clinic to recruit and retain qualified employees, and giving the clinic a strong foundation on which to begin operation. In particular, employees will have access to City health insurance and other benefits, which are considered to be attractive benefits for prospective clinic employees. SCHC employees are expressly not to be included in the Public Employees Retirement System. The City may offer additional support to the SCHC, if approved by Council resolution, in the form of human resource assistance, processing payroll and accounts payables, general administrative and legal support, and other requested support as may be requested by SCHC, and as the City staff is able to provide. The Seward City Council authorized the creation of the Seward Community Health Center (SCHC) and Board (Board) when it enacted Ordinance 2010-008 in December, 2010, formalizing the powers and duties of the Board. Since that time, the SCHC has become a 501(C)(3) non-profit corporation, now subject to its own bylaws and federal requirements of Section 330, so many of the provisions of the Ordinance which established the SCHC Board are now in conflict with the bylaws of the organization and the requirements of federal regulations. For that reason, it is important to update the Ordinance to reflect the new legal status of the SCHC, as well as to address the status of the employees of the clinic as City employees. The SCHC Board has requested that the City Council employ the clinic employees for the initial period of start-up, and that the issue of employment be revisited within the next few years, to determine whether it is possible for the SCHC clinic to stand-alone and employ providers and employees on its own. For that reason, this Ordinance authorizes the employees of the clinic to be non-PERS City employees for a limited period of time,to give the Council and the Board the opportunity to revisit this issue in the future. INTENT: The intent of this action is to authorize the employees of the Seward Community Health Center to be employees of the City for a limited period of time. This issue will be revisited by the City Council and Seward Community Health Center Board in the future. The employees of the clinic will be entirely subject to the personnel and employment policies of the SCHC rather than the City's personnel policies, and the SCHC will be solely responsible for all aspects of employment of SCHC employees, to include wage and salary structure (pay scale, merit increases, cola, etc.), personnel administration, hiring, training, supervision, discipline, grievances, termination, etc. The Seward City Council will not have any involvement in employment matters of the SCHC other than if the Ordinance authorizes Council to authorize the selection of the executive director by the SCHC Board. Neither will the city manager of the City have any involvement in employment matters of the SCHC. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan(document source here):p. 12 "We value effective, accessible 1. and affordable healthcare"; "encourage cooperation between all healthcare X providers"; 2. Strategic Plan(document source here): X 3. Other(list): X All'ORNEY REVIEW: ___XYes No FISCAL NOTE: The personnel costs associated with employees of the Seward Community Health Center will be costs borne by the Seward Community Health Center. While the City may assist with processing payroll and payables,all personnel and other costs paid on behalf of the SCHC by the City, will be reimbursed by the SCHC and are considered costs of the SCHC. 44 ) Approved by Finance Department: 'Y RECOMMENDATION:OM I naria 2°16-Q1 3 Council approve Fiese41601-204-3— authorizing the employees of the Seward Community Health Center to be employees of the City of Seward for a limited time.