HomeMy WebLinkAboutOrd2022-006 - Updating Title 3 Sponsored by: Bower
Introduction: February 28, 2022
Public Hearing: March 14, 2022
Enactment: March 14, 2022
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE TITLE 3 TO INTEGRATE ADOPTED SEWARD
PUBLIC EMPLOYEE ASSOCIATION UNION LANGUAGE AND TO
PROVIDE FOR CERTAIN CLARIFYING AMENDMENTS
WHEREAS, the Seward Public Employees Association contract was adopted on August
9, 2021; and
WHEREAS, administration desires to make certain provisions of the contract applicable
to non-union employees; and
WHEREAS, additional clarifying amendments were made throughout the Title.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 3 is hereby amended to read as follows (new language
is in bolded italics and underlined and deleted language is stricken):
TITLE 3- PERSONNEL
Chapter 3.01. - Objectives and Scope
3.01.010.-Title.
This title is be known and cited as the personnel ordinance of the City of Seward.
3.01.015.- Purpose.
It is the purpose of this title to establish a system of uniform personnel policies and procedures
which shall improve the quality of personnel administration consistent with such merit principles
as:
A. (4) Recruiting, selecting and advancing employees on the basis of their relative ability,
knowledge and skills, including open consideration of qualified applicants for initial
appointment;
B. (2)Providing equitable and adequate compensation;
C. (3)Training employees,as needed,to assure ensure staff are equipped to deliver high quality
performance;
D. (4) Developing employees and improving their performance by correcting any inadequate
performance;
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
E. (-53 Assuring Ensuring equal opportunity and fair treatment of all persons in all aspects of the
employer-employee relationship including, recruitment, hiring, upgrading, promotion,
training, transfer, layoff, recall and termination by basing all personnel decisions on the
individual's abilities and performance without regard to political affiliation, race, color,
pregnancy,ancestry,marital status,veteran status,disability,religion,national origin,sex,age,
sexual orientation or any other discriminatory factor prohibited by law and with proper regard
for the individual's privacy provided, however, that state or federally mandated employment
requirements shall be observed.
F. (6) Assuring that Ensuring employees are protected against coercion for partisan political
purposes and are prohibited from using their official authority for the purpose of interfering
with or affecting the result of an election or a nomination for office.
3.01.020-Scope.
A. Scope — all employees. 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. Scope—collective bargaining unit. Where a provision of this title conflicts with a provision
of a collective bargaining agreement covering cityemployees, 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.
3.01.025.-Police Standards Act.
The Seward Police Department shall be subject to these personnel regulations and, in addition,
shall observe all rules and regulations adopted by the Alaska Police Standards Council pursuant to
AS 18.65.130-290. In the event of conflict, the standards and regulations adopted by the police
standards council shall prevail over these personnel regulations.
3.01.030.-Amendments.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
Upon the passage of an amendment to this title, the human resources manager eity-persennel
director shall distribute to all employees' replacement pages for the city personnel manual
incorporating the amendment.
3.01.035.-Definitions.
As used in this chapter:
A. Anniversary date is the date that an employee assumes regular status after the successful
completion of a probationary period. This date does not change regardless of other personnel
transactions, promotions, demotions or transfers that may occur during the course of an
employee's service with the city, except for periods of leave without pay as outlined in §
3.45.080.
B. Appointing authority means the city manager, except that the city clerk shall be the appointing
authority for all positions in the city clerk's office depaftnient.
C. Break in service is defined as at least one entire pay period off.
D. Department head means each of the following: the finance director,
and—eoristruetion, the electric general director , public works
director,the harbormaster, the chief of police, the fire chief, the parks and recreation director
, and library and museum director, the librarian. IT director the
and the community development director.
E. Emergency employee means an employee hired for less than 30 days pursuant to § 3.25.045.
F. Exempt employee is an employee whose position is classified under the Fair Labor Standards
Act (FLSA) as an executive, professional or administrative position. These positions are not
subject to overtime compensation.
G. Full-time employee means an employee who regularly works 40 hours per week.
H. Graveyard shift means any consecutive eight hour, regularly scheduled work shift that begins
at or after midnight and before 8:00 a.m.
I. Holiday is defined in §§ 3.50.010 and 3.50.015.
J. Human resources manager means the director of the human resources department.
K. ( )On-call employee means an employee hired on an on-call basis pursuant to section 3.25.040.
Appointments may be for no more than 180 calendar days. eried.
L. (k)Part-time employee means an employee who regularly works less than 40 hours per week.
M. Probationary employee means an employee who has not yet completed the probationary period
imposed under§ 3.25.035(a).
N. Promotional probationary employee means an employee who has not successfully completed
a probationary period imposed under§ 3.25.035(b).
O. Regular employee means:
1. 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.
2. Nothing in this section shall be deemed to imply that a regular employee will always be
employed by the city.
3. A regular employee may be laid off, dismissed, terminated or separated from city
employment in accordance with the provisions of this title.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
P. Regular position means:
�
L A position which is expected to exist for more than nine months.
2. It-does-hot-imply There is no implication that the position will never be eliminated.
3. A regular position may be eliminated due to lack of work, lack of funds, reorganization of
a department,reassignment of duties or for any other reason.
4. No employee shall have the absolute right to continued employment in any particular
position.
Q. Regular rate of pay means the hourly rate of pay actually paid an employee for the normal,
non-overtime work week for which he/she the employee is employed.
R. Satisfactory means an acceptable, adequate or sufficient performance evaluation.
S. f Seasonal employee means an employee hired on a seasonal basis with an expectation to
return to their position consistent with the city's needs, although the hiring will be temporary
pursuant to § 3.25.040.No employee shall have the absolute right to continued employment in
any particular position.
T. (- 4 Swing shift means any consecutive eight hour, regularly scheduled shift that begins at or
after 4:00 p.m. and before midnight.
U. {-T--)Temporary employee means an employee hired under the terms specified in § 3.25.040.
V. f134 Term employee means an employee in a position, full or part-time, that is designed for a
specified period of time of more than nine months and less than two years for a specific purpose
or project pursuant to § 3.25.050.
W. P,4 Work week consists of a five-day week, eight hours per day, 40 hours per week,pursuant
to § 3.15.055.
Chapter 3.05.-Organization and Delegation of Authority
3.05.010.- Purpose.
Proper organization and delegation of authority are essential to effective city government
administration and management. The responsibilities and authorities delineated in this chapter are
intended to establish a clear understanding of the role that each segment of city government must
play in order to create and administer a sound personnel management program.
3.05.015.-Responsibility and authority.
A. City council. The city council shall have overall responsibility and authority regarding
personnel matters including,but not limited to, the following:
1. Approve all funds in the city's budget ' ;
2. Approve Adopt personnel policies ;
3. Approve work rules established for the efficient operation of the city's work force;
4. Appoint the city manager, city clerk and city attorney.
B. City manager. The city manager shall have the responsibility and authority to:
1. Administer the council adopted personnel policies pertaining to this title and procedures
approved adopted by the city manager and approved by-the-city ouncil;
2. Provide for the establishment and maintenance of records of all employees in the city
service;sueh the records to include the class title,pay and other pertinent data;
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
3. Develop and administer an affirmative action program to provide for equal opportunity in
all aspects of city personnel administration;
4. Foster and develop,in cooperation with appointing authorities and others,programs for the
improvement of employees' effectiveness and productivity, including training, safety,
health, counseling and welfare;
5. Administer the city's recruitment and selection program;
6. Ensure uniformity in the application of discipline and processing of employee grievances;
7. Prepare and adopt seek the forms,reports and procedures as may be necessary to carry out
the city's personnel program;
8. Appoint and dismiss all city employees except those appointed by the council or city clerk
as stated in the charter.
C. City clerk. The city clerk shall have the responsibility and authority to:
1. Administer recruitment and selection for positions in the city clerk department; and
2. Exercise all the authority assigned to the city manager regarding personnel matters
involving the City Clerk's Office or a department head by the provisions of this title]
positions or employees in the office of the city clerk. When the city
clerk takes an action authorized for the city manager ors department head under this title,
the action is not subject to delegation from,or approval of, the city manager.
D. Department heads. Department heads shall have the responsibility and authority to:
1. Enforce the personnel policies ;
2. Keep employees in their departments informed of current personnel policies and
procedures;
3. Participate in the grievance procedures as specified(S,ee-sectien-3,40);
4. Appoint employees to vacant positions within their respective departments in accordance
with established personnel rules and procedures;
5. Develop training programs for employees within their respective departments;
6. Take corrective action within their respective departments to the extent authorized in this
title Title 3 and delegate sash the authority to supervisory personnel as deemed appropriate.
7. Conduct orientation for all new employees. Such The orientation shall include introduction
to fellow workers,work standards, safety regulations,break periods, supplies, etc.
8. Have appointment and dismissal authority over all employees under the department head's
jurisdiction as delegated by the city manager, subject to the approval of the city manager.
E. Supervisory personnel. Supervisory personnel shall have the responsibility and authority to:
1. Implement personnel policies,rules and regulations in the units under their supervision;
2. Take corrective action concerning employees under their supervision and make
recommendations as to hiring, firing,transfer,promotions and personnel evaluations;
3. Train new employees and participate in the development of other employees;
4. Evaluate employee performance under the provisions of the title;(see-sestien--37-34);
5. Participate in the grievance procedures as specified in this title. (see-seetion 40).
F. Human resources manager. PersonnelPersennel—effieer. The human resources manager shall
conduct orientation for all new employees and have issued-to each new
employee a copy of the current personnel regulations and position descriptions which outline
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
job duties; suet, the orientation shall include but not be limited to pay plan, insurance and
retirement benefits,and any other city policies and/or procedures.
G. All employees. Employees of the city shall be presented with a copy of these personnel rules
on their hiring date and shall have the responsibility and ability to:
1. Read these rules and ask the immediate supervisor to explain the personnel rules
regulations if questions arise;
2. Understand the function of the department to which they are assigned and how that function
relates to the total mission of the city and all of its departments;
3. Discuss with the immediate supervisor any questions relating to the interpretation or
application of these rules,either informally or formally through the grievance procedure;
4. Bring to the attention of the immediate supervisor any change in duties as outlined on the
position description form given to the employee at hiring;
5. Submit in writing recommendations or comments to these rules to the city manager.
Chapter 3.10.- Position Classification
3.10.010. - Classification plan.
The classification plan is the grouping of positions into appropriate classes which are similar with
respect to duties and responsibilities. Each class in the classification plan shall be designated by a
descriptive title and defined by a class specification.
3.10.015.-Class specifications.
A. Class specifications are written descriptions of positions of each class included in the
classification plan.
B. Specifications shall include a class title, a general statement of duties and responsibilities,
typical examples of duties performed and minimum qualification requirements for entrance
into a class.
C. Special requirements, where appropriate, suet} the as license or certification, shall also be
included.
3.10.020.-Purpose of the classification plan.
The classification plan is an administrative tool that provides a system of standardized titles and
common job language and is critical to the effective administration of personnel activities such as:
A. (4)Work force planning and budgeting;
B. (2)Establishing job performance standards;
C. (33 Establishing fair and equitable pay;
D. (43 Developing training programs;
E. (3)Developing valid selection and recruitment programs;
F. (6)Establishing appropriate career lines.
3.10.025.—Classification plan—development and administration.
The city manager shall have the authority for the overall administration of the classification plan.
In developing the classification plan,he/she the city manager shall consult department heads,key
staff,employees and other technical resources as appropriate.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
A. H4 Allocation of positions. The city manager shall analyze and evaluate the duties,
responsibilities and qualifications required of each position in the classified service_and-make
class.
B. (24 Maintenance of the classification plan.The city manager shall periodically review the entire
classification plan or any part thereof at his/her the city manager's own initiative or at the
reasonable request of a department head or group of employees; provided, however, that the
susl3-a review shall be conducted at least every three years. The purpose of sueh the review is
to shall-be:
1. To Ascertain whether or not the plan accurately reflects existing conditions;
2. Te Determine the accuracy of class specifications;
3. To Assure that positions are properly classified.
C. (33 Position descriptions. Position descriptions shall be supplied by each city department for
each position under the department's jurisdiction, subject to the approval of the city manager.
The human resources manager personnel—eieer shall keep a file of all current job
descriptions.
D. (-43 New positions.
1. When a new position is proposed or established,the department initiating the new position
shall provide a written job description to the city manager.
2. The city manager who shall determine the proper classification or prepare a new
classification description if an appropriate classification does not exist.
3. The city manager shall make a present-hisLher recommendation to the city council for final
approval of the new position.
E. (33 Reorganization of department.
1. Whenever reorganization of a department or action of the city council causes the duties of
a position to change, or a position appears to have been incorrectly allocated, the city
manager shall, at the request of the department head or a regular employee affected by the
reclassification, investigate the duties of the position in question.
2. After conferring with department officials and the employee involved, and reviewing all
relevant data, the city manager shall
appropriately reclassify the position. Reclassification shall not be used to avoid the
provisions of the personnel rules dealing with layoffs, demotions, promotions or
dismissals.
F. ()Effective date of change. Classification actions shall be effective on the first day of the pay
period following approval by the city man ager eouneil.
3.10.030.-Status of incumbents in reclassified positions.
In all cases of reclassification, the employee in the position shall be entitled to examine and
compete for the reclassified position. If ineligible for appointment to the reclassified position, the
employee shall be transferred,reassigned, or terminated by appropriate action in accordance with
the provisions of these rules.
Chapter 3.15.-Salary Administration
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006 l
umi
3.15.010. - Pay plan.
The pay plan shall include the schedule of rates for all positions, pay ranges, consisting of
minimum, intermediate and maximum rates of pay for all positions. The objectives of the pay plan
shall be to:
A. (4) Provide an appropriate salary structure to recruit and retain competent employees;
B. (2) Provide appropriate pay incentives for high employee productivity.
3.15.015.—Pay plan standards .
The development-of-the pay plan shall be directly linked with the classification plan and shall be
based on the principle of equal pay for equal work. Pay ranges within the pay plan shall be
determined with due regard to such factors as:
A. (-I-)The relationship between classes;
B. (2)The relative difficulty and responsibility of work;
C. ( The availability of applicants;
D. (4) The prevailing rates of pay in both public service and private industry in the appropriate
recruiting market;
E. (53 Cost of living factors.
3.15.020.- Development of the pay plan and council approval. pay schedule.
A. The city manager shall be responsible for developing the pay plan and pay schedule through
the use of standards described in this chapter.
and-employees.
B. The city council shall, by separate resolution, approve the pay plan at the time the operating
budget is approved.
3.15.025.- Administration of the pay plan.
A. Responsibility. The city manager shall be responsible for administering the pay plan and
keeping it current through periodic reviews and comparative studies of pertinent factors
affecting levels of pay.
B. Cost of living allowance. The pay plan may be adjusted with the approval of the city council
on an annual basis to reflect a cost of living allowance (COLA) based on the US Department
of Labor, Bureau of Labor Statistics, consumer price index for all urban consumers (CPI-U)
for Anchorage, Alaska, for all non-union employees, provided that changes made, if any, in
the pay plan to reflect a cost of living allowance will be effective on the day authorized by the
city council.
3.15.030. - Entrance pay rate. •j
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
A. The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the
class.
B. A department head, subject to the approval of the city manager, may make an appointment
above the entrance pay rate only when there are no available candidates at the entrance rate, or
in recognition of exceptional qualifications.
C. In no instance shall an appointment be made above step "E"- 2.except-with the approval of
the city manager. at the department head level.
D. Open range positions.
1. Deputy department head or equivalent. Department heads may negotiate starting pay
within the appropriate open range, subject to the city manager's approval.
2. Department heads. The city manager may negotiate department head starting pay within
the appropriate open range.
3. The city manager shall obtain city council approval of any proposed wages exceeding
the amount listed in the open range wages.
3.15.035. - Step increases.
A. Probationary step increase. A probationary step increase is a special, one time only, step
increase.
1. New employee. A new employee, after serving a n probationary period of one
hundred and eighty (180) calendar days of satisfactory performance, shall receive a one-
�r. step increase.
2. New open range employee. An employee in an open range position shall be given a 3 to
5% pay increase for satisfactory performance. The department head shall provide
justification of the actual percentage increase to the city manager. The city manager
shall approve the appropriate increase.
3. Promotional probationary employee. An employee who has transferred to a new position
and who must serve a promotional probationary period as defined in section 3.25.035, shall
receive a probationary one-step increase upon successful completion of the promotional
probationary period.
B. Continued step increases.
1. Step increases are notutomatic based longevity n`l are awarded when the
department head feels the employee has demonstrated service of a progressively greater
value, progressively greater responsibility, and performed beyond what normally would be
expected for the city during the past year.
2. Employee must demonstrate satisfactory service.
a. For an employee to receive further step increases up to step P J, he/she the employee
must continue to demonstrate satisfactory service of a progressively greater value.
b. For an employee in an open range position to receive further increases within the
open range, the employee must continue to demonstrate satisfactory service of a
Lip progressively greater value.
C. Step increases are not automatic and are not based on longevity.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
3.15.040.-Regular part-time employment.
A. Regular part-time employees who are not exempt from the overtime requirements of the federal
Fair Labor Standards Act shall be compensated on an hourly basis equivalent to the hourly rate
established for the regular full-time employment at step "A" of the pay range for the actual
number of hours worked in each payroll period.
B. Appointments shall be in probationary status and a probationary pay increase shall be awarded,
if earned, when regular hours worked have a cumulative total of 1,040 hours, which is
equivalent to a six-month probationary step increase as set forth in section 3.15.035.
C. (13) An step increase shall be awarded, if earned, each time regular hours worked have a
cumulative total of 2080 twe-tlieusaftd-eighty.
3.15.045.-Pay rate adjustments.
The following personnel actions shall affect the pay status of an employee in the manner described:
A. (-14 Transfers. When an employee is transferred from one position to another with a common
pay range,he/she the employee shall continue to receive the same rate of pay.
B. (2)Promotions.
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.
2. 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.
3. 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 the employee's current pay rate.
C. ( Reassignments. When an employee is reassigned for cause,or for administrative purposes,
the pay shall be adjusted to fit the job according to the principles of classification and equal
pay for equal work.
D. (44 Reinstatement of employees who have resigned.
1. (a)No preferential pay treatment shall be given to reinstated employees. The principles of
job classification and equal pay for equal work, which includes work experience, shall
apply as if to a new employee.
2. (h)An employee who has resigned due to special reasons such as,but not limited to,family
illness or educational leave(up to two years and with prior approval of the city manager)
shall have reinstatement rights according to arrangements made in writing at the time of
the resignation and,provided,the job is available.
E. (3) Reinstatement of veterans. A city employee who returns from military leave shall be
reappointed in accordance with the United States Code Annotated Title 50, War and National
Defense Military Selective Service Act of 1967;459, Separation From Service(a),(b),(c),(f)
and(g).
F. (-)Layoffs.
1. When an employee, following layoff, is reemployed in the same position from which
he/she the employee was laid off, he/she the employee shall be placed in the same step
which he/she the employee occupied at the time of layoff
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
2. When the employee is reemployed in a position having a lower pay range, his/her the
employee's rate of pay shall be assigned according to standard principles of job
classification and equal pay for equal work.
3.15.050.-Compensation during temporary assignment.
A. When any employee is temporarily assigned to a position with a higher pay range for a period
of at least three consecutive days but less than 30 days, or when a department head is out of
state for any length of time, he/she the employee shall be compensated above his/her the
employee's base rate by 25 ten percent(25%),.
B. If an employee's base rate is the maximum of the pay range, he/she the employee shall be
compensated above the maximum pay range step by 25 ten percent(25%).
C. If the assignment is for a period of 30 calendar days or more,he/she the employee shall be paid
at the first step of the higher pay range or he/she the employee shall be given a 25 ten percent
(25%) increase as provided in the preceding sentence, whichever is higher, for the full period
worked in the temporary assignment.
D. An employee who is temporarily assigned to a position with a lower pay range for any period
shall not receive a reduction in pay.
3.15.055.-Hours of work.
A. Regular working hours of city employees shall consist of a five-day week, eight hours a day,
40 hours a week.
B. Special provisions for a modified schedule, such as a four-day week,ten hours a day,40 hours
a week may be permitted with approval by the city manager.
C. The standard work week shall consist of the period from midnight Saturday to the following
midnight Saturday.
D. The standard work day shall consist of the period from midnight to midnight.
E. Different schedules to meet departmental operating needs shall be established and altered by
department heads, with approval of the city manager.
F. Temporary shifting of employees' working hours to meet routine needs shall be done as
necessary and approved by the department head.
3.15.060.-Overtime.
A. Generally. Overtime compensation will be paid to all employees except those in probational.);
determined to be exempt from the overtime requirements of the
federal Fair Labor Standards Act.OvePtime-shall-be-paid-at4ime-md-ene-half-ef-the-empleyees
1. All employees who are not exempt from the overtime requirements of the federal Fair
Labor Standards Act and who are requested to work over eight hours in a day or 40 hours
in a week shall be paid at time and one-half for overtime hours.
2. Employees working ten hour shifts who are not exempt from the overtime requirements of
the Federal Fair Labor Standards Act and who are requested to work over ten hours in a
day or 40 hours in a week shall be paid at time and one-half for overtime hours.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-006
3. Regular employees who are not exempt from the overtime requirements of the Federal Fair
Labor Standards Act and who work on a holiday shall be paid at time and one-half for all
hours worked on such holiday in addition to holiday pay under section 3.50.
B. Approval of overtime work.
1. All overtime worked must have the approval of the department head concerned prior to the
employee working the overtime its perfrmance, except in cases of emergency which
preclude such prior arrangements,and shall be paid in accordance with applicable laws and
policies.
2. The department head or other person in charge of providing emergency service shall see
that the overtime hours are properly recorded. The department head shall review the record
and certify to the finance department any overtime approved for payment as soon as
practical thereafter.
C. Overtime for police officers and police recruits.
1. Police officers. Police officers who are not exempt from the overtime requirements of the
federal Fair Labor Standards Act shall be entitled to overtime pay when required to attend
court session while not on regular duty.
2. Police recruits.
a. Police officer recruits while attending the academy, will be paid their normal rate of
pay. Workdays for time sheet reporting purposes will be Monday through Friday
0800 hours to 1700 hours, with one hour for lunch included.
b. Overtime will be authorized for worked holidays and be claimed as 8 hours of holiday
pay and 8 hours of overtime.
c. No other overtime is authorized. For each dal,th t oliee reer-uit attends or travels to
f;.om the Department ofPublic S fet„ A,.a emy the recruit will be., ed., ght
hour, „terr„„ted and aid sleep p od i plianee witl, the Federal Fair l abor
alvul uiai arc.
Standards Act n ll r hours will be . sidered 1,ours , orked a„,l the r ,it
vsullcsur cr �
,ill be p id as follows•
e„r .,t tth rate deter.Y.i., t t 1 G 01 C 7
e-�as� �-acccnrizxre�--pu�u�s-re�cc�e�3-r�✓T
ided 1,owe„er that if tl,e police re„r„it has , „rked.„ a than 40 hours in tL,e,,ork
eel. that portio.. of the a ght hour period that a eeds n0 hours i., the, erk, eel. will
YY�VVI\ Cl lIAC l)VICIVI
be p>atdatone d-one 1,c-rlulf times the- tc t-Ec3 ?g rate d
Reviar-day-of an`a-seventh dda-y,,-and lrau7The-reemit-shall-be paid f r 1 6 Lours
at o nd e a halftimes the basic training rate
Training rate. The current rate of pay for a police recruit shall be reduced according to the
the Department of Public Safety Academy: [(Current hourly rate >< 2080) ° 12] x.00156 —
re
D. Exceptions for shift rotation. An exception to overtime pay for work over eight hours in a 24-
hour period is that due to shift rotation, provided there has been off-time of at least eight hours
between shifts.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
E. Shift differential. Shift differential compensation applies to all employees of those departments
which schedule work 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 two and one-half
percent(2.5%)additional pay to his/her-the employee's current salary for the period he/she
the employee serves on swing shift.
2. Graveyard shift. The employee who is assigned to graveyard shifts shall receive five
percent (5 additional pay to his/her the employee's current salary for the period he/she
the employee serves on graveyard shift.
3.15.061.-Stand-by time compensation.
A. Standby compensation. A non-exempt,full-time employee assigned by kiwi-lief the employee's
supervisor to be on stand-by during off-duty hours, under circumstances where the stand-by
time does not qualify as hours worked, shall be compensated eae two hours of overtime pay
for each stand-by period the employee is asked to serve when such stand-by is approved by the
supervisor in writing.
B. Standby period defined.
1. A stand-by period is defined as the period from the time the employee leaves his/her the
employee's work site after the conclusion of a normal work day to the following day when
he/she the employee is scheduled to return to work.
2. When an employee is placed on stand-by during the weekend or on a holiday, each
weekend day or holiday is considered a separate stand-by period. Fer-ex-amplean
empleyee-whe-nennally-werks-8i004enday-threugh-FFidawhe-is-en
stand by fom Thursday„t 5:00 p.m l 4 .. 11 Frid y ineri„g will be entitled to V
one
. .M. ...
Fridatat 5:00 r .,tit Q:00 p Monday till be entitled t„ three hours „f
C. Standby employee must be reachable. The employee shame is required to be reachable by
the employee's supervisors by telephone,radio or other electronic paging device.
D. Personal activities while on standby.The employee is free to pursue personal activities as long
as communications are possible and the employee is in a state of readiness to respond in a
reasonable amount of time to a call for service.
E. Compensation for duties performed while on standby. If called to perform duties during the
off-duty hours, the employee shall be compensated for a minimum of two hours at overtime
rates addressed in section 3.15.060(a)and(b).
3.15.065.—Police department clothing allowance.
A. Members of the police department shall be provided with two complete uniforms per every
other year, which includes two pairs of pants, two shirts, and one pair of boots.
B. All uniforms are the property of the city of Seward and shall be returned to the city before the
separation from city service.
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ORDINANCE 2022-006
3_1_5 n7c Da., f r e ployees designated +
✓.a✓.v i✓. a uJ
duration oft a training.
f
f .
3.15.080. - Changing pay range assignments.
When a pay range for a class of employees is readjusted for reasons such as reclassification or
reassignment of duties, the base rate of employees occupying positions in the class shall be
adjusted as follows:
A. (1)Adjustments to higher pay range. If the pay range is adjusted upward, all employees in the
positions affected shall be compensated at a rate equal to the employees pre-adjusted rate
increased by one step for each pay range advanced, not to exceed the maximum of the new
range. Future increases will be measured from the pay range as adjusted.
B. (-2-)Adjustment to a lower pay range. If the pay range is adjusted to a lower range, employees
in positions affected shall not receive reductions in their base rate salary upon pay range
adjustment. If an employee's pre-adjustment base rate exceeds the maximum rate of the new
pay range, the employee's rate of pay will remain unchanged until that rate corresponds with a
step within the adjusted pay range.
3.15.085. - Longevity bonus.
A. All regular employees, after completion of one year's service, equal to 2,080 hours, shall be
paid longevity pay at the rate of one percent of hider the employee regular annual salary.
B. Longevity pay shall be paid once each year on the first pay day of December.
C. (B) Any break in city employment longer than 30 calendar days will advance the eligibility
date by the number of days in excess of 30.
D. Time served as temporary employee shall not be included in the 2080 calculation.
3.15.090. - Retirement.
The city has in effect a retirement plan with the Public Employees Retirement System (PERS) for
all eligible city employees as set forth by city council.
3.15.095. - Insurance and medical benefits.
A. A regular city employees shall-be is entitled to participate in the group life and health program
administered by the city manager and approved by the city council,provided they-the employee
works an average of 30 hours per week.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
B. The city shall contribute to each regular city employee's group health premiums up to the
maximum amount determined from time to time by the city manager and approved by the city
council.
C. Absences due to paid leaves, some cases of leave without pay and those absences covered by
workers' compensation shall not interfere with these the benefits.
D. (h)The human resources manager pe shall provide all eligible employees with
applications and information concerning these programs; and the finance department shall
provide for payroll deductions to cover the employees'premiums.
3.15.100.-Effective date of changes in pay.
A. Generally. Effective date of personnel transactions and implementing classification,
reclassification and special merit increases shall be the beginning date of the pay period
following the effective date of change.
B. Regular merit and probationary increases. Effective date of personnel actions implementing
approved regular merit and probationary increases shall be the day following completion of
specific period of service, or such later date as a deferred request may be approved.
C. Promotions, reassignments and reinstatements. Effective date of personnel actions
implementing approved promotions,reassignments and reinstatements shall be the first day of
the new approved status.
D. Executions. Nothing in this section shall prohibit retroactive pay approved by the council or
required because of administrative oversight or error.
Chapter 3.20. - Recruitment
3.20.010.- Policy.
It shall-be the policy-o€is the City of Seward's policy 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 is the
appointing authority's responsibility to:
A. Conduct recruitment and selection in an affirmative manner to ensure open competition;
B. Provide equal employment opportunity;
C. Prohibit discrimination because of race,age,disability,political affiliation,religion,sex,color,
pregnancy, ancestry, marital status,veteran status, national origin or any other discriminatory
factor prohibited by law. The standards set forth in the American with Disabilities Act of 1990
will be followed in the selection of employees of the city.
3.20.015. - Recruitment method.
The appeinting-autheFity city manager or designee shall develop and conduct an active
recruitment program designed to meet current and projected work force 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.
3.20.020.-Job announcements and publicity.
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ORDINANCE 2022-006
A. In order to attract an adequate number of candidates for present or anticipated vacancies and
to permit successful competition with other employers, the human resources manager
persennel--offieer shall issue job announcements and otherwise publicize vacancies through
such media including , but not be limited to, the local newspaper and the
city's website.
B. Job announcements shall be clear and readable. They shall include the job title, salary range,
job qualification requirements,examination information(including the time,place and manner
of completing applications and other pertinent information).
C. Publicity for job vacancies shall be conducted for a sufficient period of time to ensure
reasonable opportunity for persons to apply and be considered for employment.
D. In any event,job vacancies shall be formally announced at least ten calendar days prior to the
closing date for filing applications.
E. The city manager may also initiate continuous recruitment programs for any class of positions
as appropriate.
F. All job announcements for regular appointments shall be publicized first to all city employees
at least five calendar days prior to advertising publicly .
3.20.025.-Application form.
A. All applications for employment shall be made on forms prescribed by the city manager
appainting-autho ity.
B. Sueh The forms shall require background information to include training,experience and other
pertinent information.
C. All applications must be signed and the appointing authority shall require proof of statements.
D. Application forms shall not elicit any information concerning race, politics, religion, national
origin,sexual orientation, marital or family status.
3.20.030.—Preemployment physical examinations.
A. Employees in positions with high physical risk shall have the-following a preemployment
physical examination.
B. The cost of the examination shall be to be paid for by the city_:
C. A pre-employment examination may be conducted by the
physician of the employee's choice; provided, however,that the cost of the examination shall
be deducted from the employee's final pay check if he/she the employee voluntarily terminates
employment 90 days or less from the date of hire.
3.20.035. -Rejection of applicants
A. The appointing authority may reject any application which indicates that the applicant does not
have meet the minimum qualifications established for the position. Applications may also be
rejected if the applicant:
1. Has deliberately falsified any information on the application form;
2. Is unable to meet the physical,mental or other requirementsbeen demonstrated
as necessary to perform the work of the position provided, however, that the city shall
comply with all applicable provisions of the Americans with Disabilities Act of-1990;
CITY OF SEWARD,ALASKA
111 ORDINANCE 2022-006
3. Does not meet the legal age limits or other requirements established by state law;
4. Has established an unsatisfactory employment record of such nature as to demonstrate
unsuitability for the position.
B. Whenever an application is rejected,notice of seek the rejection shall be promptly made to the
applicant by the human resources manager.
3.20.040.- Pre-employment screening.
A. Regular city positions. For all regular city positions, newly hired employees are be
required to undergo a criminal background check and may be subject to pre-hire drug testing
if required by the city drug-testing policy or federal law.
B. A criminal background check is will-be required for temporary positions requiring public
security, administrative confidentiality,working with youth,or cash handling.
Chapter 3.2.5. - Selection
3.25.010. - Selection devices.
A. The appointing authority, in conjunction with the department heads supervising the positions,
shall determine the selection device or devices to be-used-te obtain the best qualified candidates
for each position.
B. The Such selection devices may include work sample or performance tests, practical written
tests, individual physical examinations,background and reference inquiries and evaluation of
training and experience provided, however, that the city shall comply with all applicable
provisions of the Americans with Disabilities Act o€1990.
3.25.015.-Confidentiality.
Selection material shall be disclosed only to the city manager, human resources mana;;er,
personnel o f eer and the concerned department head and supervisor. Every precaution shall be
exercised by all persons participating in the development and maintenance of selection materials
to maintain the highest level of integrity and confidentiality.
3.25.020.-Open competitive selection.
Job vacancies shall be open to all city employees who
meet the prescribed minimum qualifications for the position.
3.25.030. - Method of rating.
The appointing authority shall establish a minimum or passing rating for each device used in the
selection process. The final rating shall be determined for applicants with passing ratings in
accordance with the weight established for each device as contained in the job announcement.
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ORDINANCE 2022-006
3.25.035.- Probationary period.
A. Probationary period—generally.All appointments are subject to a probationary period of 180
days,unless the probationary period is extended,six metes prior to the acquisition of regular
status.
B. Satisfactory performance rating required Probationary employees must obtain at least a
satisfactory performance rating at the completion of their probationary period in order to obtain
regular status. Probationary periods can be extended if deemed necessary by the employee's
supervisor.
C. Termination while on probationary status. At any time during the probationary period, a
newly hired employee serves "at will"and may be disciplined or discharged for any reason
or for no reason. Just cause is not required for any form of discipline or separation during
the probationary period, New hires rebationary status n y be terminated a*
with no recourse to the grievance procedure.
D. fb}Reassigned employee probationary.
1. When an employee is reassigned to a position where he/she the employee previously held
regular status,no probationary period shall be served.
2. When an employee is reassigned to a position where he/she the employee did not hold
regular status, the department head shall decide whether a probationary period shall be
served, subject to the approval of the city manager. The employee concerned shall be
notified in writing of the decision before reassignment is accomplished.
E. fel Promoted employee probationary.
1. When it becomes clear that an employee serving a promotional probationary period is not
performing adequately, the employee shall be so informed in writing with a copy to the
appointing authority.
2. If reassignment is found to be necessary, the employee shall be reassigned to a position in
his/her the employee's previous class and hisolker the employee's anniversary date shall
remain unaffected.
F. Reinstated employee probationary. An employee reinstated within two years of termination
shall not be required to serve a probationary period unless rehired into a different position than
previously served or if the previous probationary period was not completed.
G. Sworn officers of the police department. Sworn officers of the police department are required
to serve the probationary period established by the Alaska Police Standards Council in addition
to the probationary period established by the city. These periods shall run simultaneously.
3.25.040.-Temporary,seasonal and on-call appointments.
A. Temporary appointment—length of time.
1. Temporary appointments shall not exceed nine consecutive months.
2. No temporary employee shall work more than nine months in a calendar year.
3. Consecutive nine-month appointments cannot be served over adjeining years without a
break in service as defined in section 3.01.035.
B. Seasonal employees. 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,
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
although the hiring will be temporary pursuant to section 3.25.040(a).No employee shall have
the absolute right to continued employment in any particular position.
C. Temporary or seasonal employees with prior work status. Employees hired on a temporary
or seasonal basis with prior city work status may be given preference for reemployment on the
recommendation of the department head and approval of the city manager.Job announcements
for temporary or seasonal positions shall contain notice that persons with prior city work status
may be accorded preference for re-employment.
D. 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
3.25.045.-Emergency appointments.
A. The appointing authority may authorize emergency appointments not to exceed 30 calendar
days .
B. Such The appointments shall be made only in cases of an unforeseen emergency and when
necessary to prevent impairment to city services.
C. Emergency appointments are not entitled to any benefits.
3.25.050.-Term appointments.
A. The appointing authority, or a department head with the approval of the city manager, may
appoint term employees.
B. A term employee is an employee in a position, full or part-time,that is designed for a specified
period of time of more than nine months and less than two years for a specific purpose or
project.
C. 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
Chapter 3.30.- Performance Evaluation
3.30.010.-Purpose.
The primary purpose of the employee performance evaluation program is to inform employees
how well they are performing and to offer constructive criticism on how they can improve their
work performance. Performance evaluations shall also be considered in decisions affecting salary
advancement, promotions, reassignments, dismissals, order of layoff, order of reemployment,
placement and training needs.
3.30.015.-Administration.
The appointing authority shall administer the elation-ef employee performance evaluation.
Administering the employee performance evaluation shall include advising and
CITY OF SEWARD, ALASKA
ORDINANCE 2022-006
assisting employees, rating officers and reviewing officers to that ensure performance
evaluation procedures are handled in accordance with the provisions stated in this chapter.
3.30.020. - Periods of evaluation.
Each regular employee's shall-have-his/her performance shall be evaluated at the following times:
A. (-1-} End of probationary period.
1. Each employee shall be evaluated approximately ten days prior to the completion of his/her
the employee's probationary period.
2. The employee must have an overall evaluation of at least "satisfactory" in order to become
a regular employee.
3. If the probationary period ends without being extended or the employee being
terminated, it is assumed the employee's performance is satisfactory even if the
performance review is not completed. In this case, the employee shall receive their pay
increase.
B. fa)Annual.
1. Each employee shall receive an annual performance evaluation on or near higher the
employee's anniversary date except department heads and city manager staff shall receive
an annual performance evaluation in January of each year.
2. The employee must have an overall evaluation of at least "satisfactory"in order to The
»or to his/her al serf"mane e ^lua a receive a step increase. Imo
t111V1 LV 111 JI 1I
M M.. V
3. 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 the
employee shall receive their pay increase.
C. ( Special. A special performance evaluation may be completed when there is a significant
change either upward or downward in the employee's performance.
position,
3.30.025. - Evaluator and form of evaluation.
A. Rating officer.
I. The rating officer shall be the employee's immediate supervisor.
2. The rating officer shall be responsible for completing a performance evaluation on the form
provided and approved by the city manager at the time prescribed for each employee under
his/her the supervisor's supervision. ,
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
ff a th 1 shall ., the plet
B. Reviewing officer.
I. The reviewing officer shall be the rating officer's immediate supervisor.
2. The reviewing officer shall review the performance evaluation report completed by each
rating officer under lamer the rating officer's jurisdiction before the report is discussed
with the employee.
3. The reviewing officer shall consider the performance evaluations completed by the rating
officer when evaluating the rating officer's performance.
4. The reviewing officer for a department head acting as rating officer shall be the appointing
authority. There shall be no review of the appointing authority acting as rating officer.
3.30.030. - Review of performance report.
The rating officer shall discuss the performance evaluation report with the employee and the
employee will be allowed to add comments if desired, before the report is made part of the
employee's personnel file. ,
,Ffi nd the „ting_authorit.
3.30.035. - Unsatisfactory evaluation.
A. Before discussing an unsatisfactory evaluation that does not recommend a step increase
with an employee, the rating officer shall discuss the evaluation with the city manager.
B. In the case of unsatisfactory performance, the rating officer will include in the written
comments, remedial actions required by the employee.
C. Employees who receive an overall rating of"unsatisfactory" on their annual evaluation shall
not be eligible to receive a step increase. (see section 3.15.035).
3.30.037. —Employee signature.
After discussion of the performance evaluation is completed, both the rating officer and the
employee shall sign the completed evaluation form. However, the form shall not be considered
incomplete or invalid because the employee fails or refuses to sign it.
3.30.045. - Disciplinary action.
A. All employees shall be informed of applicable standards of performance and personal conduct
of city employees in various positions.
B. Employees shall be acquainted with the various provisions of disciplinary action regulations.
C. All city employees shall have in their possession a copy of an up-to-date personnel regulation's
manual.
D. A copy is always available in the human resources manager's personnel�er's office.
3.30.050. - Disciplinary action procedure.
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ORDINANCE 2022-006
A. Disciplinary action required in writing All disciplinary actions, except oral admonitions,
shall be documented in writings awl presented to the employees and placed in the employee's
personnel file.
1. The letter documentation shall be reviewed with the employee and sincere efforts shall be
made to obtain agreement with the employee that facts are stated correctly, that:
a. The inappropriate or incorrect behavior did occur,that did
b. It represented behavior that should be disciplined,that
c. The discipline is appropriate, and that
d. The employee will act to remedy the disciplinary issue and the unwanted behavior
will not be repeated.
2. If errors are found,the letter shall be redone and again reviewed.
3. The employee's comments of the employee shall be added
4. Ielshe The employee shall be requested to sign the memo document and informed that
his/her the employee's signature indicates only his/her the employee's agreement that the
memo document accurately records the discussion.
5. If he/she the employee refuses to sign the-me me document,the statement shall be entered:
"(Employee's Name)read the contents on(date) and refused to sign."
B. Document distribution and disciplinary review.
L (b) One copy of each completed cepeft document shall be forwarded immediately to the
city manager's office for review and inclusion in the employee's personnel file.
2. A copy shall be given to the employee. 111
3. The supervisor may, if necessary, complete reviews of the employee's progress it
correcting the cause of the original action at scheduled intervals throughout the following
12 months. These reports shall be made in writing.
4. Upon request of the employee, 12 months from the date of the action concerned, the city
manager shall review the disciplinary action and if no subsequent report of similar
violations has been made, the department head shall be notified to return department and
division copies to the affected employee. The original shall be sealed in a confidential
envelope and replaced in the employee's personnel file. The envelope shall not be referred
to again unless there is a later occurrence requiring further discipline.
3.30.055.-Suspension without pay.
A. 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:
L for cause for a period not to exceed thirty calendar days in any calendar year, or
2 while disciplinary charges against the employee are pending final disposition.
B. A suspension shall be recorded in writing.
C All documents shall be reviewed with the employee immediately after preparation if possible.
D. Following this action,a copy shall be given to the employee and a copy forwarded immediately
to the appointing authority.
3.30.060. - Reassignment.
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ORDINANCE 2022-006
An appointing authority may reassign an employee for any reasonable administrative reason, for
disciplinary reasons in accordance with other provisions of this title these-regulations,or upon the
request of the employee. Reassignment for disciplinary reasons is considered as a more moderate
penalty than dismissal and may be offered in lieu thereof, as approved by the city manager,when
mitigating circumstances warrant such leniency_ .
Chapter 3.35.-Employee Development
3.35.010.-Purpose.
The purpose of the employee development program shall be to foster and promote the training and
development of employees in order to:
A. (-1-)Improve the quality of services to the city;
B. (2)Equip employees for career advancement within the city service;
C. ( ))Provide a reservoir of occupational skills necessary to meet current and future employment
needs.
3.35.015.-Development and administration.
A. The city manager shall have overall responsibility for the development, administration and
coordination of the employee development program and shall:
1. Assist the department heads in developing and implementing employee development
programs to meet the current and future needs of their departments and to increase
employee efficiency;
2. Conduct or coordinate employee development programs to meet the common needs of all
departments;
3. Maintain a file of current information and materials on job requirements, training
opportunities,employee development manuals and other employee development literature;
4. Maintain a record of all training conducted and ensure that authorized employee
development programs are properly administered;
5. Periodically analyze and evaluate the overall development needs of employees within the
city service;
6. Assure that all employees receive equal consideration for appropriate training
opportunities;
7. Assure that employee personnel files are updated upon successful completion of any
employee development activities to insure maximum consideration for placements,
transfers and promotion,
B. Department heads shall provide active leadership in developing the employees under their
supervision. In this capacity,they the department head shall:
1. Cooperate closely with the city manager in determining the current and future employee
development needs in the department;
2. Participate with the city manager in developing and implementing employee development
programs;
3. Budget sufficient funds to secure needed career development programs;
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
4. Evaluate the effectiveness of completed career development programs and make
recommendations for improvement where appropriate;
5. Assure that employees are provided with sufficient time to participate in career
development programs.
Chapter 3.40.-Grievance Procedure
3.40.010.- Policy.
It is the policy of the City of Seward to treat all employees equitably and fairly in matters affecting
their employment. Pursuant to SCC 3.25.035(a), probationary employees, including seasonal
employees, are excluded from this grievance procedure,but may approach their supervisor or the
appropriate authority to report violations of city code or policy. The presentation of any grievance
shall be the right of each employee without fear of reprisal.
3.40.012. —Purpose.
The purpose of this chapter is to resolve disputes at the lowest level possible.Informal resolution
is encouraged The city has an open-door policy and all employees are encouraged to discuss
matters of concern with members of management, including the city manager at any time,
without having to file a formal grievance.
3.40.015. - Discussion of a problem with supervisor.
A. Any employee having a problem regarding employment shall first and promptly discuss the
problem with the immediate supervisor.
B. Where an employee disagrees with the supervisor's decision regarding a complaint, the
employee may document the disagreement for placement in their personnel file.
C. If the problem is not settled,the problem may be defined as a grievance, and the employee has
the right to present the grievance:
0&
D. No employee shall be intimidated, harassed, retaliated against,. or reflect in their evaluation
because they bring forward a problem, concern or grievance.
3.40.020.-Defmition of a grievance.
A. A grievance is a written complaint by the employee or group of employees alleging a specific
violation of rights under or failure to apply a section or sections of the city charter, city code,
personnel rules and regulations or misapplication or interpretation thereof, or departmental
rules and regulations,which directly pertain to the terms or conditions of employment of such
employee or group of employees by the City of Seward.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
B. A grievance is not to resolve general complaints or concerns regarding other employees.
Complaints are resolved at the department level.
C. Personnel policies and code guide the behavior and actions of employees; the grievance
process addresses the violation, misapplication or interpretation, or neglect of those policies
and code.
3.40.025.-Supervision of grievance procedure.
A. The appointing authority (city manager, or in regard to the city clerk's office, the city clerk)
shall oversee the handling of all employee grievances so that they are processed in accordance
with the procedures stated in this chapter.
B. Supervisors and department heads shall keep the city manager,or in regard to the city clerk's
office, the city clerk, appoint' and human resources manager sonnet officer
informed of all grievances in progress.
C. Assistance in understanding the grievance procedure will be provided by the human resources
manager personnel-e€fieer if requested.
3.40.030.-Grievance procedure steps.
A. General grievances. Disciplinary grievances involving dismissal, demotion, or unpaid
suspension of more than one week for regular non-appointed employees will proceed directly
to hearing in section B below. All other grievances shall be handled in the following manner:
Step 1.
a. An employee shall present their grievance to their immediate supervisor within 15 working
days from the time of occurrence of the problem.
b. The supervisor shall attempt to resolve the problem within ten working days after the
grievance is timely received from the employee.
Step 2.
a. If the employee has not received an answer from the immediate supervisor within ten
working days, or if the employee feels the answer received is not satisfactory, she{he the
employee will reduce to writing the facts and circumstances of the grievance and present
the written statement to their department head within ten working days after the
supervisor's deadline in Step One.
b. The department head will investigate the grievance and meet with the employee to discuss
the grievance within five working days.
c. The department head will notify the employee of their decision within five days following
the meeting date.
In regard to employees of the office of the city clerk,non-disciplinary grievances not resolved
at Step 1 will be forwarded to council in a confidential informational memorandum and will
not proceed to Step 3.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
Step 3.
a. If the employee has not received an answer from the department head within five working
days,or if the employee believes the answer received is not satisfactory,s/3e-the employee
may appeal in writing to the city manager within five working days after the supervisor's
final deadline in Step Two.
b. The city manager,or designee acting eity-menager,will investigate the grievance and meet
with the employee to discuss the grievance within five working days.
c. The city manager, or designee , will notify the employee of their
decision within five days following the meeting date.
d. For any grievance not involving a substantive disciplinary action (unpaid suspension of
more than one week, demotion or termination of employment) and not involving the
violation, misapplication, or interpretation or neglect of federal, state, or city code, the
decision of the city manager is final.
The city manager shall maintain a confidential file containing all Step 3 grievance responses.
B. Significant disciplinary grievances and violations of city code.
L Within seven calendar days of an employee's receipt of a timely request for arbitration,the
human resources manager personnel a fcer shall secure the assignment of a hearing
officer from the State of Alaska Office of Administrative Hearings,under AS 44.64.030(b),
or shall provide the employee with a list of names of at least three Alaskan arbitrators.
2. To be included on this list, a proposed arbitrator shall be a member in good standing with
the Alaska Bar Association,preferably with at least five years of experience in employment
law;be a current or retired judge with the Alaska Court System;or be an arbitrator in good
standing with a recognized state or national association of arbitrators,such as the American
Arbitration Association.
3. The employee shall have seven calendar days from receipt of the list to select an arbitrator
from the list.Once an arbitrator is appointed,the parties shall confer with the arbitrator and
select an acceptable date for the arbitration. Unless otherwise noted buster, the
arbitration shall be held at city hall.
4. The arbitrator shall conduct the hearing according to generally accepted standards and
procedures for grievance arbitration. The fact that the city may have considered the merits
of the grievance at any point of the grievance procedure shall not constitute a waiver of the
city's right to contest the arbitrability of the underlying grievance.
S. The employee may be represented at arbitration by a duly authorized representative. If the
employee will be represented at arbitration, written notice of such representation shall be
provided to the human resources manager personnel-efeer at least ten calendar days
before the date set for the arbitration. Once the human resources manager personnel
officer receives notice of such representation, the city shall communicate directly with the
representative on all matters concerning the arbitration, unless otherwise agreed to by the
representative.
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6. The arbitrator shall have no authority to add to, alter, delete, or modify any statute,
regulation, ordinance, or labor agreement, or to issue any award on a matter not raised in
the complaint filed by the employee. The arbitrator shall not make any award involving
payment to a party for events, actions, or omissions giving rise to the grievance.
7. The decision of the arbitrator shall be final and binding on all parties and shall only be
subject to appeal in the superior court in accordance with AS 9.43.120-9.43.150. Either
party may make application to the superior court to enforce a decision of the arbitrator.
8. In the application of this section, the term "employee" shall include any duly authorized
representative of the employee who alleges a grievance.
9. Nothing in this section shall be construed to prevent settlement of a grievance by mutual
agreement of the parties at any time. The expenses of the arbitrator shall be borne by the
city.
10 Submission of a grievance to arbitration shall not act as a stay of any action unless a stay
is expressly approved by the manager or his designee.
11. The provisions for grievance or arbitration contained in this section shall not apply to
employees who have not successfully completed the probationary period required by code
at the time of the alleged action or omissions, or to executive employees. Probationary
employees may be subject to discipline without grievance appeal or pre-disciplinary
hearing and may be terminated in accordance with SCC 3.25.035(a).
3.40.035.- Employee representation.
A. Each employee shall be afforded an opportunity to be represented at each of the above steps
by a representative of hi it her the employee's choice.
B. Employees shall contact and discuss their problems with their representative only during break
periods, lunch hour, before or after work or at any other time when they are not on duty.
However, grievance hearings may be held during work hours.
3.40.040. -Time limits.
A. If the grievance procedures are not initiated within the time limits established by this chapter,
the employee shall be considered as having waived lamer the employee's right to grieve the
particular violation and initiation of a grievance for the same act or omission is thereafter
barred.
B. Any grievance not taken to the next step of the grievance procedure within the time limits
established by this chapter shall be considered settled on the basis of the last reply made and
received in accordance with the provisions of this chapter.
C. If the city fails to meet or answer any grievance within the time limits prescribed for such
action by this chapter, such grievance shall automatically advance to the next step.
3.40.045.-Extension of time limits.
A. The time limits prescribed in this chapter for the initiation and completion of the steps of the
grievance procedure may be extended by mutual consent of the parties so involved.
B. Likewise,any step in the grievance procedure may be eliminated by mutual consent.
C Mutual consent shall be indicated in writing and shall be signed by all parties.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
D. Although all efforts should be made to comply with the time limits for initiation and
completion of the steps in this grievance procedure, each time limit may be waived for
excusable neglect or impossibility such as illness or planned leave.
3.40.060.-No discrimination or reprisals.
Employees are entitled to have grievances resolved without fear of recrimination or penalty.
Employees shall be free from interference,restraint,coercion,discrimination or reprisal in utilizing
or for utilizing the grievance procedures contained in this chapter. Employees shall be free from
interference, restraint,coercion, discrimination or reprisal in testifying in a grievance procedure.
Chapter 3.45. - Annual Leave
3.45.010.-Annual leave entitlement.
Regular employees shall be entitled to leave accrual benefits.
3.45.015.-Annual leave accrual rate.
A. Annual leave shall accrue at the following rates for full-time personnel based upon continuous
length of service:
1. For personnel with less than three years of service, the accrual rate shall be 13 1/3 hours
per month of service or 160 hours per year;
2. For personnel with three to six years of service, the accrual rate shall be 16 2/3 hours per
month of service or 200 hours per year;and
3. For personnel with six to ten years of service,the accrual rate shall be 20 hours per month
of service or 240 hours per year;and
4. For personnel with ten to 14 years of service, the accrual rate shall be 25.275 hours per
month of service or 303.33 hours per year;and
5. For personnel with 15 years of service or more, the accrual rate shall be 28.925 hours per
month of service or 347.1 hours of service.
B. Within the discretion of the city manager, annual leave accrual for department heads may be
increased at the time of initial appointment by applying § 3.45.015(a)(2) in place of §
3.45.015(a)(1).A department head initially hired with leave established under§3.45.015(a)(2)
may achieve leave under § 3.45.015(a)(3)after three years of service.
C. No leave request will be honored unless it is determined that the employee has a sufficient
annual leave balance.
D. It will be the decision of the city manager to grant leave without pay.
3.45.020.-Leave accrual while employee is on paid leave.
Leave continues to accrue during the period of time an employee is on paid leave. Leave does not
accrue during periods of leave without pay.
3.45.025. - Computation of leave accrual for regular part-time employees.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
Regular part-time employees shall accrue leave at the same rate as regular full-time employees,
except that leave shall be in the proportion of actual hours worked to the number of normal duty
hours in a month for a full-time employee.
3.45.030.-Temporary appointment leave accrual.
Temporary appointments shall not accrue leave.
3.45.035.-Maximum hours which may be in annual leave balance.
The maximum leave which may be in annual leave balance is 720 hours.
3.45.040.-Annual leave use.
A. Timing of use.Employees who are entitled to accrue annual leave upon satisfactory completion
of their initial probationary period shall receive credit for annual leave accrued since date of
appointment. Probationary employees may use their accrued leave with department head
approval
B. Regular use of annual leave.
1. Annual leave may be used for any purpose desired by the employee.
2. The employee has the right to determine when he/she the employee shall use it.
3. The employee He/she shall be allowed to use any amount of annual leave at the time he/she
the employee desires that will not be detrimental to departmental operations,as determined
by the department head.
4. When the need for annual leave is foreseeable, annual leave should be requested on the
proper form at least 30 days in advance.
S. If the exact date upon which annual leave will be commenced cannot be precisely
determined,or if the need for annual leave is not foreseeable,notice must be given as soon
as practical under the circumstances.
6. If the employee desires to change or extend the dates of scheduled annual leave, the
employee shall notify employee's immediate supervisor as soon as possible.
7. Requests for changes or extensions of leave other than for FMLA leave may be denied
unless adequate notice is provided.
C. Amount of leave which must be taken yearly.
1. The minimum numbers of hours of annual leave that must be taken yearly are as follows:
a. For personnel with less than three years of service,40 hours of leave must 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 date of hire.
2. It shall be the responsibility of the department head to see that each employee under the
supervisor's his/her supervision has taken the minimum annual hours of leave required by
this section. The department head shall provide in writing to the city manager the reasons
an employee in hider the supervisor's department failed to take the minimum annual
leave hours required.Sueh 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
D. Recognized holiday occurring during annual leave. A recognized holiday occurring during an
employee's annual leave shall not be counted as a day of annual leave.
E. Medical certification.
1. When, because of a serious health condition of the employee or the employee's family
member as defined in the FMLA and FMLA case law, the employee seeks annual leave
the city reserves the right to require the employee, at employee's own expense, to obtain
medical certification of the need for or duration of leave on a form provided by the city.
The city may request a medical certification, in writing:
a. Within two business days after the employee gives notice of the need for leave;
b. Within two business days after leave commences if no prior notice was given by the
employee; or
c. When the city has reason to question the appropriateness of the employee's use of
annual leave or the duration of annual leave being used.
2. When a medical certification is requested by the city, the employee must provide the said
certification within 15 calendar days unless it is not practical to do so despite good faith
efforts on the part of the employee.
3. If the city questions the adequacy of a medical certification the city can,at its own expense,
require a second opinion by a health care provider of its choice. If the first and second
opinions conflict, the city can require, at its expense, a third opinion from a health care
provider agreed to by both the city and the employee. The third opinion is binding.
4. If a medical certification is requested by the city but is not submitted by the employee
within the time frame specified above,or if the medical certification does not substantiate
the need for leave and/or the duration of leave taken, the employee will not be considered
to be on FMLA leave and may be subject to disciplinary action for failing to receive prior
approval for leave without pay. Pending receipt of the second and/or third opinion, if any,
the employee is provisionally entitled to annual leave.
5. Recertification may be required.
a. The city may require, at the employee's expense, recertification every 30 days for
pregnancy or chronic or permanent conditions under the continuing supervision of a
health care provider. If the circumstances described by the previous certification have
changed significantly or the city receives information that casts doubt upon the
employee's stated reason for the absence in which case the city may seek recertification
at the employee's expense more often.
b. If the original certification states a minimum period that an absence will be required,
the city may not request recertification until that period has passed unless the employee
requests an extension of leave, circumstances described by the previous certification
have changed significantly,or the employer receives information that casts doubt upon
the continuing validity of the certification.
c. The employee must provide a required recertification within 15 calendar days unless it
is not practical under the circumstances to do so despite the employee's good faith
efforts.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
6. Fitness for duty certifications. If an employee is absent for more than three consecutive
work days due to a serious health condition, a fitness-for-duty certificate completed by the
employee's health care provider may be requested upon return to work.
F. Death in immediate family.
1. Regular employees shall be entitled to a bereavement leave of seven (7)days five-days for
use upon the death of members of the immediate family limited to one time per calendar
year.
2. Leave without pay up to an additional five days will be granted and may be extended with
approval by the city manager.
3. 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,but NOT in laws}-and mothers and fathers-in-law.
3.45.045.-Exceptions.
Whenever, in the opinion of the city manager, it is not feasible nor in the best interest of the city
service to grant leave to any employee,sash the employee shall not be penalized by loss of earned
annual. The decision of the city manager shall govern as to the future expenditure of saeh the
leave.
3.45.050.-Cash-in-lieu-of annual leave.
A. 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.
B. The leave use requirements as stated in § 3.45.040 are not diminished or alleviated by cash-in
of annual leave.
C. In documented cases of unforeseen financial emergencies, consistent with city policies of
deferred compensation cash-in, the city manager may authorize the city to purchase an
employee's annual leave at hiSAlieF the employee's regular rate of pay,provided that in no case
shall a cash-in be allowed to reduce an employee's annual leave balance below 40 hours.
D. Donation of annual leave to another employee will be allowed in cases of serious,unforeseen
medical emergency circumstances and upon approval by the city manager. The value of the
donated leave time will be computed at the regular rate of pay of the donating employee and
converted into hours of equal value based upon the regular rate of pay of the receiving
employee. All guidelines set forth by the city manager shall be observed.
3.45.055.-Disposition of annual leave balance upon separation.
A. Upon separation during initial probation, annual leave shall not be granted nor paid to the
employee.
B. In other separations, the annual leave balance shall be paid in a lump sum based on the
employee's regular rate of pay.
3.45.060.-Reinstated employee leave.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
Reinstated employees hired within two years of termination, who have had at least one year of
total service and who have successfully completed their probationary period in previous service,
shall be permitted to use their annual leave immediately.
3.45.065.-Military leave.
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 the case of the employee who has completed
probationary service) in such manner that the individual will not suffer a decrease in income
or a loss of benefits during the first 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. -Fec 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.
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.
3.45.070.-Jury duty leave.
A. Jury duty shall be treated as administrative leave with pay from city duty without loss of
longevity, leave or pay.
B. Service in court when subpoenaed as a witness on behalf of the city, or when called as an
expert on a matter of city concern,or relating to a municipal function,will be treated the same
as jury duty.
C. In order to be entitled to jury leave, the employee shall provide the department head with
written proof of the requirement of hie{her the employee's presence for the hours claimed.
D. Fees paid by the court (other than travel and subsistence allowance) will be turned in to the
city,except that fees paid for court duty which occurs on the employee's normal non-work days
may be retained by the employee.
E. Witness service for the LIRE purpose other than just 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 individual.
3.45.075.-Leave without pay.
A. Purpose and conditions.
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 sueh the leave shall be considered in the light of the circumstances
involved and the needs of the city.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
3. Leave without pay shall not be requested nor granted until s„clas all annual leave
has been exhausted, except when an employee is absent and drawing workers'
compensation pay.
4. Normally, not more than 60 calendar days leave without pay may be granted for personal
reasons.
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.
B. Notice.
1. Employees seeking leave without pay for any reason are required to request such the leave
at least 30 days before the leave without pay is to begins if the need for leave is foreseeable.
2. If 30 days' notice is not practical, notice must be given as soon as possible under the
circumstances.
3. If the employee desires to change the dates of scheduled leave without pay or extend the
period of leave without pay, the employee shall notify employee's immediate supervisor as
soon as possible.
4. Requests for changes or extensions of leave other than for FMLA-qualifying leave may be
denied at the sole discretion of the city manager.
C. Serious health condition. When, because of a serious health condition of the employee or the
employee's family member as defined in the FMLA, the employee seeks leave without pay,
the employee must comply with the medical certification requirements contained in section
3.45.040
D. Fitness for duty certifications. An employee who takes leave without pay for a serious health
condition shall comply with the fitness for duty certifications requirements contained in section
3.40.040.
3.45.080.- Change of anniversary date due to leave without pay.
If an employee uses more than 30 calendar days total leave without pay during hider the
employee's leave year, his,zher the employee's anniversary and length of service dates shall be
advanced by the number of days such leave without pay exceeds 30.
3.45.085. - Unauthorized leave.
Any absence not authorized and approved in accordance with provisions of this title these
tegtiletions shall be without pay for the period of absence and shall be grounds for disciplinary
action, up to and includinji termination.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
•
3.45.095.- Family and medical leave.
A. Generally. Family and medical leave will be provided as required by state and federal law and
case law in effect at the time that the employee requests family and medical leave. Eligible
employees are entitled,pursuant to state and federal law, to take FMLA leave:
1. For the birth of a child of the employee,the adoption of a child by the employee,or for the
placement of a foster child with the employee;
2. To care for the employee's spouse,son,daughter,or parent with a serious health condition;
er
3. Because For of a serious health condition that makes the employee unable to perform the
essential functions of the employee's job:;or
4. For any qualifying exigency arising out of the fact that a spouse,son,daughter,or parent
is a military member on covered active duty or call to covered active duty status.
B. Eligible employee.An eligible employee is one who:
1. Has worked for the city for at least 12 months.
2. Has at least 1,250 hours of service for the employer during; the 12-month period
immediately preceding the leave.
C. (B} Substitution of annual leave. An eligible employee taking family and/or medical leave
under state and federal law for any reason is required to substitute annual leave for such leave
until all annual leave is exhausted. Once annual leave is exhausted, any remaining period of
family and/or medical leave will be leave without pay.
D. (€) Calculating entitlement. State law entitles an eligible employee to take, for certain
qualifying reasons up to 18 work weeks of medical leave in a 24-month period and 18 work
weeks of family leave in a 12-month period. An eligible employee's FMLA leave entitlement
will be calculated using a rolling entitlement period measured backward from the date the leave
is used.
E. 4D4 Notice. When an employee is required to substitute annual leave for unpaid FMLA leave
the employee shall comply with the notice requirements found in section 3.45.040. When an
employee intends to use unpaid FMLA leave the employee shall comply with the notice
requirements found in section 3.45.075.
F. (€-)Medical certifications. When,because of a serious health condition of the employee or the
employee's spouse, son, daughter, or parent, the employee(a) is required to substitute annual
leave for unpaid FMLA leave, or (b) seeks to use unpaid FMLA leave, the employee must
comply with the medical certification requirements contained in section 3.45.040.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
G. fF} Fitness for duty certifications. An employee who takes paid or unpaid FMLA leave for a
serious health condition shall comply with the fitness for duty certification requirements
contained in section 3.45.040.
H. (G} Benefits during unpaid FMLA leave. While an employee is on unpaid family/medical
leave,no benefits will accrue except medical insurance,which will continue to be paid as long
as the employee is employed by the city.
Chapter 3.50.-Holidays
3.50.010.-Recognized city holidays.
A. The following holidays shall be recognized as holidays with pay for all employees in regular
full-time;and regular part-time who are in pay status the day before and
the day after the recognized holidays:
New Year's Day President's Day Seward's Day
Memorial Day Independence Day Labor Day
Alaska Day Veterans Day Thanksgiving Day
Day after Thanksgiving Day Christmas Eve Day Christmas
B. Regular full-time employees shall be paid eight hours at their current rate of pay for each
holiday.
3.50.015.-Holiday falling on a Saturday or Sunday.
A. When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized in
lieu thereof and treated as a holiday with respect to overtime compensation.
B. When a recognized holiday falls on a Sunday, the Monday following shall be recognized in
lieu thereof and treated as a holiday with respect to overtime compensation.
3.50.020. - Holiday during annual leave.
A recognized city holiday which occurs during an employee's annual leave shall not be counted as
a day of annual leave.
3.50.025.- Holiday falling between two days of leave without pay.
A holiday occurring between two days of leave without pay shall not be paid.
3.50.030.- Computation of holiday pay .
A. Full-time employees. Full-time employees shall receive their regular straight time rate of
pay for all recognized holidays.
B. Part-time employees. A regular part-time employee shall be paid based on their position's
percentage of a full-time position.
Chapter 3.55. - Separations
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
3.55.010. - Resignations.
A. Resignation in good standing
1. To resign in good standing, an employee who desires to terminate employment shall give
at4east a minimum of 14 calendar days'written notice to hisither the employee's immediate
supervisor.
2. The period of notice may be reduced or waived upon recommendation of the department
head and approval of the city manager for extenuating circumstances;i.e.,Family Medical
leave, change of residence by unexpected military orders of the employee or spouse,etc.
3. A notice of resignation shall become part of the personnel file.
B. Withdrawal of resignation. An employee may withdraw a resignation only under the following
conditions:
1. The withdrawal is submitted to the department head before the effective date stated in the
notice of resignation;
2. The position has not been filled; and
3. The withdrawal is accepted in writing by the department head with approval of the city
manager.
C. Failure to give notice. Failure to give adequate notice shall be noted on the employee's
separation documents and shall the employee to be ineligible for rehire.
D. Effective date and annual leave balance.
L The effective date of termination pursuant to a notice of resignation shall be the last day on
which the employee works.
2. The value of an employee's annual leave balance shall be paid to hinAler the employee
without undue delay with hislher the employee's final paycheck following separation.
E. There is no provision for terminal leave.
3.55.015.-Layoffs.
A. Example. Examples of layoffs are:
1. Abolishment of a position or shortage of work or funds;
2. Completion of seasonal work for seasonal employees;
3. End of temporary appointment because of reinstatement of regular employee returned from
approved leave and transfer to another position has not been achieved.
B. Reduction in force.
1. When it is necessary to reduce the number of employees because of lack of work or funds,
or abolition of positions, an analysis or proposed layoffs shall consider first the type of
activities curtailed by the reduction in force and the affected positions.
2. The department head concerned shall make a thorough investigation of the problem and
report his{her the department head's findings and recommendations to the city manager,
who shall decide which employees shall be laid off.
released.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
3. Employee efficiency shall be the major factor in determining the order in which employees
shall be released,and consideration shall then be given to employee's length of service with
the city.
4. 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.
5. In the case where a regular employee who has completed the required probationary
period is laid off, the city shall live the employee forty-five(45) days'notice or forty-five
(45) days of severance pay.
3.55.020.- Dismissal for disciplinary reasons.
A. Dismissal for just cause. The city manager or a department head, upon approval of the city
manager, may dismiss a regular employee for any just cause. Just cause includes, but is not
limited to,the following:
1. Insubordination, including failure to comply with a supervisor's instructions and work
assignments;
2. Dishonesty,either verbally,in writing or in action,including but not limited to falsification
of employment application or other city documents and time sheets;
3. Violation of sectie 0, standards relating to drugs, marijuana and alcohol;
4. Failure to comply with safety regulations;
5. Fighting or other disorderly conduct on city premises or while on city business;
6. Stealing of or unauthorized use of city tools, equipment or property;
7. Recurring absenteeism,tardiness or leaving the work site early;
8. Conviction of a crime which damages the image or reputation of the city or conviction of
a crime which impairs or compromises the employee's credibility, eligibility,or fitness for
work;
9. Inefficiency, including waste of working time or materials;
10. Failure to conduct oneself on duty in a cooperative manner within departmental and city
policies,practices and goals;
11. Exhibiting on duty conduct or behaviors which interfere with the employee's performance
or the city's business, operations or image;
12. Willful violation of any personnel regulation;
13. Violations of applicable state or city laws and regulations concerning ethics and conflicts
of interest;
14. Any act or omission which had or will have a material adverse effect on the business,
operations or financial condition of the city;
15. Harassment of other employees or the public;
16. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal
from employment; or
17. Any other conduct commonly recognized by reasonable persons as justification for
discipline, including dismissal.
B. Progressive discipline shall be followed when practical. However, when the severity of the
inappropriate conduct warrants, and it is in the best interest of the city, any of the following
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
forms of discipline may be imposed at any time so long as such discipline is supported by just
cause and the severity of the offense:
1. Oral reprimand which shall be documented. An immediate supervisor, department head
or the city manager may issue oral reprimands;
2. Written reprimand.An immediate supervisor, department head or the city manager may
issue written reprimands;
3. Suspension without pay. Only the city manager or a department head, with approval from
the city manager, may suspend an employee without pay for disciplinary reasons;
4. Dismissal. ,
Only the city manager or a department head,upon with approval ef
from the city manager, may dismiss an employee for disciplinary
reasons.
C. If an employee's continued presence on the job prior to the date of intended disciplinary action
poses a recognizable significant threat to the public health or safety or to the business,
operations or image of the city, suelh the employee may be suspended with pay immediately
by the city manager,or department head, with approval from the city manager,er-supervisor
until disciplinary action is determined and administered.
D. A regular employee shall be granted a pre-termination hearing before his/her the employee's
supervisor and the city human resources manager pens before a disciplinary
measure involving possible dismissal is administered.
weeks.
Chapter 3.60.- Special Provisions
3.60.010.-Gifts and gratuities.
A. Employee responsibility.
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 the impartiality of the individual
employee.
2. If an employee is tendered or offered a gift or gratuity which would, in the eyes of the
public or public officials,be construed to be an attempt to bribe, influence or to encourage
special consideration with respect to municipal operations,sueh the offer shall be reported
without delay to the employee's immediate supervisor who in turn will inform the
department head. The department head shall inform the city manager.
B. Doubt regarding significance. If there should be any doubt whether a gift or gratuity is of such
significance as to create undue influence upon the employee, the matter shall be reported to
the city manager .
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
C. Termination. If any employee shall knowingly accept any gift or gratuity which creates undue
influence or results in special consideration which benefits the giver, then, with the approval
of the city manager,that the employee shall be dismissed terminated from the city service.
3.60.015.-Outside employment.
A. Employment conflicting with city interests.
1. (a) No employee shall engage in any other employment, whether public, private or self-
employment, during scheduled work hours nor outside scheduled work hours if suehthe
employment conflicts with the city's interests or adversely affects the employee's
availability and usefulness.
2. (l3)Supervisors are responsible for informing all employees under their supervision of the
provisions of this regulation laneuafe and the enforcement of it.
3. A conflict of interest shall be defined as when:
a. The employee's outside employment is likely to benefit from the employee's position
with the city;
b. The outside employment is likely to cause the employee's performance to diminish;
c. The employee's city job duties involve regulating the proposed employer;
d. The external employment is likely to diminish public trust that the employee can
remain objective in their role as a city employee;
e. f t)Preparing financial reports subject to city audit, or review;
jj (23 For department or division heads,or supervisory positions,to serve as an officer of
any union or association of city employees other than one representing s� the
supervisory position. Thisshal, et „l. to employee hold: h
c
g (3)Actively participating in management of any business organization that obtains, or
is attempting to obtain, funds or business from the city;
h. (4)Other employment wherein data or information to which access is provided by city
employment could be used.
B. r a � � i o,.ulatio al de .,rt e.,t heads m g „t p el sh ll a ge
Employees are required their-employees to obtain ' approval from the city
manager before accepting other employment.
3.60.020.-Employment of family members.
A. No person may be employed in a position supervised by a family member, provided this will
not prevent continued employment with the city of persons who are presently employed at-the
adoption hereof.
B. Additionally, Family members shall not be placed in a position sueh that one member is
required or authorized to review the work, personnel documents, expense account or time
records of another family member.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
C For the purposes of this section,a family member shall be defined as follows: spouse;parents;
step-parents; brothers, sisters and their spouses; step-brothers, step-sisters and their spouses;
children and their spouses; father-in-law; mother-in-law; sister-in-law; brother-in-law;
grandparents and their spouses; grandchildren and their spouses; stepchildren and their
spouses; grand-stepchildren and their children; aunts; uncles; nieces; nephews; and persons
residing in the same household as the employee.
3.60.025.-Travel expenses.
(a) When employees in the city service are required to travel outside the city on city business,
reimbursement for expenses incurred shall be determined as follows:
A. (I) Prior to traveling outside the city, the employee shall obtain approval for the trip and the
mode of travel from the employee's department head and the city manager.
B. (23 Travel on official business outside the city should be via public carrier or city-owned
vehicle. If an employee is authorized to use a private vehicle, mileage shall be paid at the
legally allowable rate as established by the Internal Revenue Service.
C. (3)Reimbursement for subsistence on official trips shall not exceed the IRS-approved per diem
rate.
D. (b)City vehicles shall not be used for any private purpose.
3.60.027. — Training expenses.
A. Department head training programs. Each department head shall develop and conduct
practical training programs suited to the special requirements of the department. Training
programs shall particularly emphasize accident prevention, employee safety, and public
relations, as well as increased competence.
B. Off-site training. All off-site training is subject to budget appropriations and department
head and city manager approval
1. Employees may be given the opportunity to attend off-site training, conferences or
seminars, at the city's expense.
2. Training opportunities may be in the form of college classes when the classes best fit the
training needs. However, payment of college classes with the sole intent of obtaining a
college degree is prohibited.
C. An employee who terminates employment within 12 months of the date of training shall
reimburse the city for the cost associated with the training.
1. Reimbursement shall be prorated; i.e., if training cost is$1,200 and the employee leaves
six months after training, the employee is required to reimburse the city$600.00.
2. The city manager may waive the reimbursement requirement on a case-by-case basis
based on good cause related to hardship.
3.60.030.-Moving expenses for new employees.
Whenever a professionally or technically trained person changes hisAtteE their place of residence
for the purpose of accepting employment with the city, such the person shall be reimbursed for
actual and necessary expenses under the following conditions: 111
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
A. Moving expenses shall be approved by the city manager prior to heim. offered to the new
employee.
B. (4)The employee must be appointed to a position of a class for which the city manager certifies
that seek the expenditure is necessary to recruit qualified employees.
C. (2) The maximum reimbursable amount for a single employee shall be $1,600.00 and the
maximum reimbursable for an employee with a family shall be
$5,000.00.
D. (33 To be eligible for the total allowance for an employee, with a family, who ead-ef-a
the employee's dependents must accompany him-of-her or join the
employee him-or-her within one year of the date of appointment to city service.
E. (4)New employees who are assisted with their moving expenses shall be required to sign a
transportation agreement prior to employment.The agreement shall stipulate that the employee
will reimburse the city for all or part of sueh the expenditures in the event he/she the employee
voluntarily leaves city service, or is discharged for cause, within a period of two years,
according to the following schedule:
100% - Less than six months;
75%- Six but less than 12 months;
50%-Twelve but less than 18 months;
25%- Eighteen but less than 24 months;
0% -Two years or more.
F. (S) New employees may not be given an advance against moving expenses without prior
written approval of the city manager.
G. (6)It is the appointing authority's responsibility to
ensure prospective new employees are aware of pertinent limitations of this language these
regulations before a move is made.
H. (7)New employees shall be advised by the appointing authority of dollar limitations,the need
for itemized receipts or invoices, the meaning of the transportation agreement and other
pertinent matters prior to their move.
L (8)Return transportation for the employee shall be provided by city as required by state law.
Return transportation for the employee's family and personal and household goods shall be the
sole responsibility of the employee.
3.60.035.-mod: Take home vehicles.
City employees who are permitted to take city vehicles home overnight,provided the vehicle shall
not be used for personal use,except for minimal person use,such as a stop for lunch or between
two business stops and commuting to and from work.
3.60.040. —Political activity.
A. 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
B. 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.
Chapter 3.65. - Collective Bargaining
3.65.010.- Freedom of choice.
Upon the conclusion of the collective bargaining process and the approval of any such contract by
the city council as provided in section 3.65.015,each city employee included within the bargaining
unit shall indicate whether that person wishes to be governed by the terms and conditions contained
in that agreement. If not,then the employee shall continue to be subject to this personnel code and
regulations and pay plan as they exist and may be amended or changed. Neither the city nor any
city employee shall discriminate against any employee solely by reasons of that employee's
exercise of this right to choose,although differences between terms and conditions of employment
set forth in the city personnel code and those terms and conditions set forth in a collectively
bargained agreement that result in differential treatment will not be a violation of this title. Each
new employee likewise shall have the right to choose between the personnel code and any
collectively bargained agreement after being offered a position, but before beginning work.
3.65.015.-Submission of collective bargaining agreements to the city council.
Any collectively bargained agreement is subject to approval by the city council.
3.65.018.-Construction project agreements.
Nothing in this code shall prevent an agreement with a labor organization relating to the
construction of a public project that requires the contracting or subcontracting of work traditionally
performed by employees represented by that labor organization to be performed by a signatory to
a current labor agreement with that labor organization.
3.65.020.-Effective dates for agreements.
No
agreement may require changes in wages or working conditions that are retroactive to any date
prior to the date of approval by the city council.
3.65.025.-Reserved.
Chapter 3.70.-Standards Relating to Drugs and Alcohol
3.70.010.- Standard policies.
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 work place.
B. Employees are encouraged to voluntarily seek professional support for drug or alcohol-related
problems. Employees who seek treatment shall discuss the situation with their supervisors if
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
leave time, with or without pay, is required for the employee to obtain treatment or
hospitalization.
1. Supervisors are encouraged to grant leave,with or without pay, for such requests.
2. When leave without pay is involved, the employee shall provide a statement from the
attending physician or counselor to the supervisor, stating that treatment is being received
and describing the length of the treatment program.
3. An employee's job security or promotion opportunities shall not be jeopardized by a request
for leave to obtain counseling or treatment.
C. In all matters concerning employees' drug or alcohol-related problems, strict confidentiality
shall be maintained by supervisors, administrators and administrative support personnel.
3.70.015.- Prescribed medications.
A. Employees using prescribed medications that have side effects that may affect their
performance,their safety,or the safety of others are required to notify their supervisors of sash
the use and possible side effects.
B. Supervisors may consider reassignment of duties for those employees for those days.
C. Failure to report the use of such a prescribed medication with potential side effects that could
affect an employee's work performance,safety,or the safety of others may result in disciplinary
action.
3.70.020.-Reporting convictions.
Employees must, no later than five days after conviction, notify their employer of such
conviction(s) for criminal drug statute violations occurring in the work place.
3.70.025.-Consuming prohibited during shift breaks.
A. Employees on breaks (e.g., lunch, dinner, rest breaks, etc.) are not allowed to return to their
work sites for the completion of their shift if alcohol, marijuana or controlled substances are
consumed during the break.
B. Employees shall not receive pay for the hours during which they are not permitted to return to
work for such reasons.
3.70.030.-Reporting fit for work.
A. Employees are required to report to their work site in a condition that will allow them to
perform their required duties in a proper, safe manner.
B. An employee who is temporarily incapable of performing assigned or required job duties will
be released from the work site and,if appropriate neeessary,returned to his/her the employee's
residence by a fellow employee.
C. Employees shall not receive pay for the hours of release.
3.70.040.-Off-duty use affecting performance.
Excessive use of alcohol off duty,or off-duty use or involvement with illegal drugs that affects an
employee's job performance or conduct may result in disciplinary action.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
Chapter 3.75.-Standards Relating to Employee Conduct
3.75.010.- Sexual harassment.
A. Sexual harassment is unlawful and violates city policy.
L No employee should be subject to unsolicited and unwelcome sexual overtures or conduct,
either verbal or physical.
2. Sexual harassment does not refer to casual conversation or compliments of a socially
acceptable nature. It refers to behavior that is not welcome and that is personally offensive,
interferes with effectiveness, or creates uneasiness on the job. Such conduct, whether
committed by supervisors or non-supervisory personnel, is specifically prohibited. This
includes, but is not limited to, repeated offensive sexual flirtations, advances or
propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading
verbal comments about an individual or that individual's appearance, the display of
sexually suggestive objects or pictures,or any offensive or abusive physical contact.
B. Implied lack of cooperation. No individual should imply to an employee that lack of
cooperation of a sexual nature would in some way negatively affect that person's employment,
assignment, compensation, advancements, career development, or any other condition of
employment. Any such actions are subject to punishment up to and including termination.
C. Employee complaints.
L An employee who believes that—hot-she ttricat hwiiv the employee has been subjected to sexual
harassment or intimidation on the job must bring this to the immediate attention of either
the employee's supervisor, the human resources manager fl or the city
manager.
2. All seeh complaints will be promptly and fairly investigated and, where appropriate,
immediate corrective action will be taken.
3. To the highest degree possible, allowing for a fair investigation,all such complaint will be
treated in the strictest confidence.
4. Employees shall not be retaliated against because they have made complaints of sexual
harassment.
3.75.15. —Freedom of speech.
The constitutional rights of public employees to express their personal views on proposed bond
issues and ballot propositions during public meetings or in interview with news media shall not
be abridged. However, any employee expressing personal view shall clearly that the statements
reflect personal or professional beliefs only and do not represent the city's position.
Chapter 3.80. -Workers' Compensation
3.80.010.-Workers' compensation.
A. An employee injured in the line of duty shall be entitled to workers' compensation pay from
the city without deduction from annual leave balance for up to six weeks. Retirement benefits,
annual leave accrual, and medical insurance coverage shall continue. If an employee receives
workers'compensation pay from the insurance carrier during the time he/she is also receiving
CITY OF SEWARD,ALASKA
ORDINANCE 2022-006
workers' compensation pay from the city, he/she the employee shall return his/her the
employee's full workers'compensation pay from the insurance carrier to the city.
B. After six weeks have expired, the employee may elect to use annual leave. At that time the
employee will retain his/her the employee's insurance workers'compensation benefits. While
on annual leave, retirement benefits, annual leave accrual, and medical insurance coverage
shall continue.
C. After all annual leave has expired, or if the employee elects not to use annual leave, the
employee will receive only insurance workers' 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 the employee's job description with or without reasonable accommodations.
Section 2. This ordinance shall take effect ten(10)days upon adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,this
14`h day of March,2022.
T E ITA WA , ALASKA
sty erry, M yor
AYES: Calhoon, McClure, Casagranda, DeMoss, Wells, Terry
NOES: None
ABSENT: Osenga
ABSTAIN: None
ATTEST:
Brenda J. Ballo MC
City Clerk
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City Council Agenda Statement
r
Meeting Date: February 28, 2022 �
To: City Council
From: Janette Bower, City Manager --
Agenda Item: Ordinance 2022-006: Amending Seward City Code Title 3 to Integrate
Adopted Seward Public Employee Association Union Language and to
Provide for Certain Clarifying Amendments
Background and justification:
The purpose of this ordinance is to amend Title 3 to integrate the adopted Seward Public Employee
Association (SPEA) language and to provide for clarifying amendments.The ordinance also includes
amendments that were scheduled through recodification.
There are approximately 660 amendments. Of the 660 amendments, approximately 610 are
grammatical in nature, and approximately 50 are substantive. The substantive amendments are
highlighted in yellow in the chart below. The chapter has been amended as follows:
Amended Ordinance Amendment
code section Page #
3.01.010 1 Strike"may be"and inserted is Less passive language. This title is known
and cited as....
3.01.015 1 Bulleting throughout and updated bulletin —use of a letter after a number.
3.01.015 C 1 Grammatical amendment and addition of the language "ensure staff are
equipped to deliver".
3.01.015 E 1 Grammatical amendment and addition of the language"sexual orientation"
under equal opportunity and fair treatment of all persons.
3.01.020 A & B 2 Added language to differentiate the scope, making it easier to find
applicable sections.
3.01.020 C 2 Struck entire subsection because the language is no longer necessary.
Recodification recommendation.
3.01.030 2 Position title update - Struck "city personnel director", inserted "human
resources manager"
3.01.035 B 3 Grammatical change to recognize the clerk's office.
3.01.035 D 3 Updated department head titles.
3.01.035 J 3 Human resources manager definition added.
3.01.035 K 3 Clarifying regarding an appointment of an on-call employee can be for no
more than 180 days, aligning with the union contract.
3.01.035 0 3 Additional bulleting added
3.01.035 P 3 Additional bulleting and grammatical changes
3.01.035 Q 3 Grammatical update
3.01.035 R 3 New definition for satisfactory, related to reference about performance
evaluations.
3.05.015 A 1 4 Amended language to reflect the council approves all funds in the city's
bud et, not just requests for personnel management funds.
Amended language regarding the council's adoption of the personnel
3.05.015 A 2 4 policies. The day-to-day operations are based off of the council's adopted
personnel policies.
Amended Ordinance Amendment
code section Page #
Clarifies the city manager's administration of the council adopted
3.05.015 B 1 4 personnel policies pertaining to Title 3 and the procedures related to the
personnel policies are approved by the city manager.
3.05.015 B 2 &7 4 Grammatical update
3.05.015 B 8 4 Struck"see also sections 2.20.010 and 2.20.015" because the language
citation changes and becomes outdated.
Language added to clarify that the city clerk has the same authority as the
3.05.015 C 2 4 city manager concerning personnel matters in the clerk's office.
Recodification recommendation.
3.05.015 D 1 5 Struck language regarding the merit system because the city no longer
uses the merits stem.
3.05.015 D 3 5 Struck "see section 3.40" because the language citation changes and
becomes outdated.
3.05.015 D 6 & 5 Grammatical amendments
7
3.05.015 E 4 & 5 5 Grammatical amendments
3.05.015 F 5 New human resources title and grammatical amendments
3.05.015 G 5 Grammatical amendments
3.10.015 6 Bulleting added, making the section easier to cite and to read.
3.10.020 6 Updated bulletin
Language that was pertinent when the classification plan was created has
been struck because the language is no longer pertinent. The council
3.10.025 6-7 approves the positions through the approval of the pay plan. D.3. clarifies
the council must approve new positions. Subsection F clarifies the effective
day is the first pay period following approval by the city manager of the
classification plan.
3.15.010 7 Additional language to state the rates for all positions shall be included in
the pay plan.
3.15.015 7 Grammatical and bulleting updates
Grammatical and bulleting updates and new language that requires the
3.15.020 7 pay plan to be approved, by separate council resolution, at the time the
operating budget is approved.
3.15.025 8 Grammatical update and subsection C was struck because the external
equity language is no longer used. Recodification recommendation.
Bulleting added. Subsection C is amended to require city manager
3.15.030 8 approval. Subsection D is enacted to address open range position starting
wages.
3.15.035 8-9 Language has been added to clarify the probationary step increases and
continued step increases.
3.15.040 9 Grammatical and bulleting updates
3.15.045 9 Grammatical and bulleting updates
3.15.050 10 Clarifying compensation during a temporary assignment, aligning the
language with the union contract.
3.15.055 10 Bulleting updates
3.15.060 A 10-11 Removing language which prohibits overtime pay for probationary
employees.The last sentence is struck because it is stated in subsection 1.
3.15.060 B 11 Grammatical update
3.15.060 C 11 Language added to clarify how police officer recruits are paid while
attending the academy.
3.15.060E 12 Clarifying the language regarding shift differential, aligning it with the
union contract.
3.15.061 12 Grammatical updates and the example in subsection 2 has been removed
because it isn't always applicable and can be confusing.
3.15.065 12 Bulleting added and language specifying the police department clothing
allowance.
Amended Ordinance Amendment
code section Page #
3.15.075 13 The trainee language has been struck because it is no longer applicable.
Recodification recommendation.
3.15.080 13 Bulleting added
3.15.085 13 Bulleting added and grammatical updates
3.15.095 13-14 Bulleting updates and grammatical updates
3.15.100 14 Grammatical update
3.20.010 14 Grammatical update
3.20.015 14 Clarifying the city manager or designee is responsible for developing and
conducting an active recruitment program.
3.20.020 14-15 Bulleting added and language added regarding ublicizin vacancies.
3.20.025 15 Bulleting added and clarifying the city manager is responsible for the
employment application forms.
3.20.030 15 Bulleting added and grammatical updates
3.20.035 15 Grammatical updates
Language clarifying new employees are required to undergo a criminal
3.20.040 16 background check and may be subject to pre-hire drug testing.
Recodification recommendation.
3.25.010 16 Grammatical update
3.25.015 16 Grammatical update
3.25.020 16 Language clarifying job vacancies shall be open to all city employees who
meet the minimal qualifications.
3.25.025 16 The language has been struck because of the amendment made to section
3.25.020.
3.25.035 16-17 Language clarifying the probationary period.The language aligns with the
union contract.
3.25.040 17 Bulleting and grammatical updates
3.25.045 18 Bulleting added and language regarding usual certification procedures has
been struck.
3.25.050 18 Bulleting added
3.30.015 18 Grammatical updates
Language clarifying the period of evaluation, aligning the language with
3.30.020 18-19 the union contract. Language in subsection C has been struck regarding
evaluation by supervisors leaving their positions. The timing and
mechanics of it do not work.
3.30.025 19 Bulleting added. The language in A.2. has been struck and moved to
3.30.035 A and 3.30.037.
3.30.030 19 Language regarding the employee's ability to comment has been added.
The second sentence has been struck and moved to 3.30.035 B.
3.30.035 20 Language from 3.30.025 and 3.30.030 has been added, along with
bulletin .
3.30.037 20 New section with language from 3.30.025 A.2.
3.30.040 20 The language is not needed and can be incorrect as further amendments
to the title occur.
3.30.045 20 Bulleting added and grammatical updates
3.30.050 20-21 Bulleting and grammatical updates
3.30.055 21 Bulleting updates
3.30.060 21 Grammatical update
3.35.010 21 Bulleting update
3.35.015 21-22 Grammatical updates
3.40.010 22 Second paragraph has been moved to 3.40.012
3.40.012 22 Language moved from 3.40.010, second paragraph
3.40.015 22-23 Bulleting added. Language referring to another section has been struck.
3.40.020 23 Bulleting added
Amended Ordinance Amendment
code section Page #
Bulleting added and language stating supervisor and department heads
3.40.025 23 shall keep the city manager or the city clerk and human resources
manager informed of all grievances.
3.40.030 23-25 Bulleting added and grammatical updates
3.40.035 25 Grammatical update
3.40.045 26 Bulleting added
3.45.015 26 Grammatical update
In subsection A new language has been added to allow a probationary
employee to use their accrued leave with department head approval.
3.45.040 27-29 Subsection D provides for 7 days of bereavement leave as opposed to 5,
this aligns with the union contract. Subsection F.3. allows bereavement
leave for mothers and fathers-in-law. Bulleting and grammatical updates
were made throughout the remainder of the section.
3.45.045 29 Grammatical update
3.45.050 29 Grammatical update
3.45.055 29 Bulleting added
3.45.065 29-30 Bulleting added
Subsection A clarifies that jury duty is treated as administrative leave with
3.45.070 30 pay. Bulleting and grammatical updates throughout the remainder of the
section.
Education leave without pay has been struck due to staffing shortages and
3.45.075 30-31 strains caused by the leave. Grammatical and bulleting updates were made
throughout the remainder of the section.
3.45.080 31 Grammatical update
3.45.085 31 Language added to emphasize unauthorized absences may lead to
termination.
3.45.090 31 Education leave with pay has been struck due to staffing shortages and
strains caused by the leave.
3.45.095 31-32 Updated language regarding Family and Medical Leave.
The language regarding trainee positions has been struck. Christmas Eve
3.50.010 32 Day has been added a recognized holiday, aligning with the union
contract. Bulleting added
3.50.015 33 Bulleting added
3.50.030 33 The section has been amended to include the computation for holiday pay
for full and art-time employees.
Subsection C has been clarified to state that failure to give adequate
3.55.010 33 notice for a resignation will make the employee ineligible for rehire.
Grammatical and bulleting updates were made throughout the remainder
of the section.
Subsection B.5 has been added to address the notice timeframe for layoffs
3.55.015 34 for regular employees and severance pay. This language aligns with the
union contract. Grammatical and bulleting updates were made throughout
the remainder of the section.
Marijuana has been added to subsection A.3. as a violation of standards.
3.55.020 34-35 Subsections B. 1-4 clarify the progressive discipline process. Subsection C
requires approval from the city manager before an employee may be
suspended. Subsection D contains grammatical amendments.
3.55.030 35 The language has been struck and moved to 3.55.015.
3.60.010 35-36 Requires the city manager be informed of all gifts and gratuities received
by an employee.
Additional definitions of conflict of interest have added to subsection A. 3.
3.60.015 36 Subsection A requires employees to obtain approval from the city manager
before accepting other employment. The second sentence in subsection
If. has been struck recodification recommendation.
Amended Ordinance Amendment
code section Page #
3.60.020 37 Bulleting added and grammatical updates
Subsection A is amended to require approval for travel from both the
3.60.025 37 employee's department head and city manager. Grammatical and bulleting
updates were made throughout the remainder of the section.
This is a new section addressing training expenses. The language codifies
the current process. Note subsection B.2., this section allows training
3.60.027 37 opportunities in the form of college classes but prohibits payment of
college classes for the sole intent of obtaining a college degree. Subsection
C requires reimbursement for an employee who terminates employment
within 12 months of the date of training.
Subsection A requires city manager approval prior to moving expenses
3.60.030 38 being offered to a new employee. Grammatical and bulleting updates were
made throughout the remainder of the section.
3.60.035 38 This is new language regarding take home vehicles and codifies the
previous council decision regarding the use of take-home vehicles.
3.60.040 38-39 This is a new section codifying language regarding political activities of an
employee.
3.65.020 39 The first section is struck because the language is no longer applicable.
Recodification recommendation.
3.70.010 39-40 Possession of marijuana at the work site has been added to subsection as
a grounds for termination.
3.70.015 40 Bulleting added and grammatical updates
3.70.025 40 Consumption of marijuana during a work break has been added as a
prohibition. Bulleting has been added.
3.70.030 40 Bulleting added and grammatical updates
3.75.010 40-41 Bulleting added and grammatical updates
3.75.015 41 New section regarding freedom of speech. Recodification recommendation
by the attorney.
3.80.010 41-42 Bulleting added and grammatical updates
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this $ 0, Note: the additional bereavement leave and
legislation: four hour Christmas Eve Day holiday will create a
minimal impact to the budget and will be absorbed
by each department.
This legislation (✓):
Creates revenue in the amount of: $
✓ Creates expenditure in amount of: $ Minimal —will be absorbed
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
✓ Budgeted Line item(s): In department line items
Not budgeted
Not applicable
Finance Signature:
Attorney Review,/ Administration Recommendation
✓ Yes ✓ Adopt Ordinance
Not applicable Other: