HomeMy WebLinkAboutORD2023-012 Amending SCC Title 3 Sponsored by: Bower
Introduction: April 24, 2023
Public Hearing: May 8, 2023
Enactment: May 8, 2023
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AMENDING SEWARD CITY CODE TITLE 3—PERSONNEL
WHEREAS,this ordinance enacts language previously confined to policies and provides
for grammatical amendments throughout the title; and
WHEREAS,the language codifies and clarifies processes currently being used by the city.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 3 is 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 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. 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. Providing equitable and adequate compensation;
C. Training employees, as needed, to ensure staff are equipped to deliver high quality
performance;
D. Developing employees and improving their performance by correcting any inadequate
performance;
E. 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
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
privacy provided,however,that state or federally mandated employment requirements shall be
observed.
F. 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.
1. 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.
2. 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.
L Where a provision of this title conflicts with a provision of a collective bargaining
agreement covering city employees, the provision of the collective bargaining agreement
shall govern.
2. 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.
Upon the passage of an amendment to this title, the human resources manager shall distribute to
all employees' emplovees replacement pages for the city personnel manual incorporating the
amendment.
3.01.035- Defmitions.
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.
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ORDINANCE 2023-012
C. Break in service is defined as at least one(1) entire pay period off.
D. Department head means each of the following: the finance director, the electric general
director, public works director, the harbormaster, the chief of police, the fire chief, the parks
and recreation director, library and museum director, IT director, and the community
development director.
E. Emergency employee means an employee hired for less than thirty (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 forty(40)hours per week.
H. Graveyard shift means any consecutive eight (8) 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 one hundred eighty(180) calendar days.
L. 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.
P. Regular position means:
1. A position which is expected to exist for more than nine(9)months.
2. There is no implication 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 the employee is employed.
R. Satisfactory means an acceptable, adequate or sufficient performance evaluation.
S. 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
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ORDINANCE 2023-012
to § 3.25.040. No employee shall have the absolute right to continued employment in any
particular position.
T. Swing shift means any consecutive eight hour,regularly scheduled shift that begins at or after
4:00 p.m. and before midnight.
U. Temporary employee means an employee hired under the terms specified in § 3.25.040.
V. 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. 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. 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 by the city manager and;
2. Provide for the establishment and maintenance of records of all employees in the city
service; the records include the class title,pay and other pertinent data;
3. Develop and administer an affirmative action program to provide for equal opportunity in
all aspects of city personnel administration;
4. Foster and develop,in cooperation with appointing authorities and others,programs for the
improvement of employees' effectiveness and productivity, including training, safety,
health, counseling and welfare;
5. Administer the city's recruitment and selection program;
6. Ensure uniformity in the application of discipline and processing of employee grievances;
7. Prepare and adopt 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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 for
positions or employees in the office of the city clerk. When the city clerk takes an action
authorized for the city manager or 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;
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 and delegate the authority to supervisory personnel as deemed appropriate.
7. Conduct orientation for all new employees. 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;
5. Participate in the grievance procedures as specified in this title.
F. Human resources manager.
1. The human resources manager shall,conduct orientation for all new employees and issue
to each new employee a copy of the current personnel regulations and position descriptions
which outline job duties; the orientation shall include but not be limited to pay plan,
insurance and retirement benefits, and any other city policies and/or procedures.
2. The human resources manager, or designee if unavailable, shall attend all interviews
for potential new employees. The interview panel will be discussed with the human
resources manager and the department head responsible for the position the individual
is applying for.
G. All employees. Employees of the city shall be presented with a copy of the personnel rules on
their hiring date and shall have the responsibility and ability to:
1. Read the rules and ask the immediate supervisor to explain the personnel rules if questions
arise;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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,the 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. Work force planning and budgeting;
B. Establishing job performance standards;
C. Establishing fair and equitable pay;
D. Developing training programs;
E. Developing valid selection and recruitment programs;
F. 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, the city manager shall consult department heads, key staff,
employees and other technical resources as appropriate.
A. Allocation of positions.The city manager shall analyze and evaluate the duties,responsibilities
and qualifications required of each position in the classified service.
B. Maintenance of the classification plan. The city manager shall periodically review the entire
classification plan or any part thereof at the city manager's own initiative or at the reasonable
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
request of a department head or group of employees; provided, however, the review shall be
conducted at least every three years. The purpose of the review is to:
1. Ascertain whether or not the plan accurately reflects existing conditions;
2. Determine the accuracy of class specifications;
3. Assure positions are properly classified.
C. 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 shall keep a file of all current job descriptions.
D. 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 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 recommendation to the city council for final approval of the
new position.
E. Reorganization of department.
1. Whenever reorganization of a department by the city manager 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,on behalf of the OF
a regular-an 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 manager.
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
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 provide:
A. Provide An appropriate salary structure to recruit and retain competent employees.
B. Provide appropriate pay incentives for high employee productivity.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
3.15.015- Pay plan standards.
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. The relationship between classes;
B. The relative difficulty and responsibility of work;
C. The availability of applicants;
D. The prevailing rates of pay in both public service and private industry in the appropriate
recruiting market;
E. Cost of living factors.
3.15.020-Development of the pay plan and council approval.
A. The city manager shall be responsible for developing the pay plan through the use of standards
described in this chapter.
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.
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 in
recognition of exceptional qualifications.
C. In no instance shall an appointment be made above step "E" except with the approval of the
city manager.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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 probationary period of one hundred and
eighty(180) calendar days of satisfactory performance, shall receive a one-step increase.
0
2. 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 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. For an employee to receive further step
increases, the employee must continue to demonstrate service of a progressively treater
value.
ge he--employee- must con te--demonxstratce satisfactor-y-rice—of a
C. Step increases are not automatic and are not based on longevity.
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 increase as set forth in section 3.15.035.
C. An increase shall be awarded, if earned, each time regular hours worked have a cumulative
total of 2,080.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
3.15.045- Pay rate adjustments.
The following personnel actions shall affect the pay status of an employee in the manner described:
A. Transfers. When an employee is transferred from one position to another with a common pay
range, the employee shall continue to receive the same rate of pay.
B. 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 promoted 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 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. Reinstatement of employees who have resigned.
1. 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. An employee who has resigned due to special reasons such as, but not limited to, family
illness
shall have reinstatement rights according to arrangements made in writing at the time of
the resignation and provided, the job is available.
E. Reinstatement of employees returning from miliary leave v . 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 the
employee was laid off, the employee shall be placed in the same step the employee
occupied at the time of layoff.
2. When the employee is reemployed in a position having a lower pay range, 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, by prior written designation, with
a higher pay range for a period of at least three consecutive workinji days but less than thirty
(30) calendar days,Of when a department head is out of state for any length of time, or when
the department head is in state and deems it appropriate for an employee to be temporarily
assigned to a position, the employee shall be compensated above the employee's base rate by
25 percent (25%).
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
B. If an employee's base rate is the maximum of the pay range,the employee shall be compensated
above the maximum pay range by 25 percent(25%).
C. If the assignment is for a period of thirty (30) calendar days or more, the employee shall be
paid at the first step of the higher pay range or the employee shall be given a 25 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
E. An overtime-eligible employee working in an overtime exempt position will receive the
employee's hourly rate plus 25 percent (25%) and will be paid for overtime at time and a
half of the overtime-exempt position base hourly rate.
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 workday 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 determined to
be exempt from the overtime requirements of the l Federal Fair Labor Standards Act.
1. All employees who are not exempt from the overtime requirements of the federal 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.
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, except in cases of emergency which preclude such prior
arrangements and shall be paid in accordance with applicable laws and policies.
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2. The department head or other person in charge of providing emergency service shall see
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 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 eight hours of
holiday pay and eight hours of overtime.
c. No other overtime is authorized.
D. Exceptions for shift rotation. Due to shift rotation, there is an exception to overtime pay for
work over eight hours in a 24-hour period, i th t due to shift rotation,provided there has been
off-time of at least eight hours between shifts.
E. Shift differential. Shift differential compensation applies to all employees of those departments
which schedule work 24 hours per day who are not exempt from the overtime requirements of
the Federal Fair Labor Standards Act on the following bases:
1. Swing shift. The employee who is assigned to swing shifts shall receive
three percent `2.3%) additional pay to the employee's current salary for the period the
employee serves on swing shift.
2. Graveyard shift. The employee who is assigned to graveyard shifts shall receive five 6
percent`3%)additional pay to the employee's current salary for the period the employee
serves on graveyard shift.
3.15.06170- Standby time compensation.
A. Only department heads are authorized to create stand-by schedules.
B. An employee is not on standby unless as formally designated on an authorized standby
schedule.
C. Employees uncertain if they must remain reachable and available for work should seek
clarification rather than assuming they are on standby.
D. A: Standby compensation. A non-exempt, full-time employee assignedby-the-employees
supeiN4ser-te-be on standby during off-duty hours,under circumstances where the standby time
does not qualify as hours worked, shall be compensated two hours of overtime pay for each
standby period the employee is asked to serve when such standby is approved by the supervisor
in writing.
E. & Standby period defined.
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ORDINANCE 2023-012
1. A standby period is defined as the period from the time the employee leaves the employee's
work site after the conclusion of a normal work day to the following day when 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.
F. E An employee on standby employee must be reachable and available for work after
rularly scheduled work hours. The employee is required to be reachable by the employee's
supervisors by telephone, radio or other electronic device.
G. lT 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.
H. Standby pay for police officers.
1. At the direction of the Chief of Police or designee, an officer will be placed on a schedule
and designated as standby on Friday and Saturday nights when only one officer is
assigned to work a shift.
2. Officers designated as being on standby and placed on the schedule as standby must
remain available for work after regular scheduled hours.
3. Designated officers shall receive two(2)hours of overtime at the employees'regular rate
of pay with a two (2) hour minimum for a call out.
4. Designated officers receiving standby pay must answer any incoming calls and be able
to respond within thirty(30) minutes of the call being placed.
L 1 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.
3.15.075- Call-out compensation.
A. Call-out period defined.
1. The call-out period is defined as the period from the time the employee leaves the
employee's worksite to the following shift the employee is scheduled to work.
B. Call-out compensation.
1. An employee shall receive overtime pay at the rate of time and a half of the employee's
regular pay rate when the employee is called out to perform additional work by the
employee's supervisor.
2. This call out pay shall have a two (2) hour minimum of overtime pay.
C. Early call-out.
1. An employee called into work between the hours of midnight and 7 am shall receive time
and a half the employee's regular pay rate.
2. The employee's pay rate will revert to the employee's regular pay rate at 7 am on the
employee's normal schedule workday.
D. Non-exempt supervisors called off duty for questions from subordinates shall be paid in 15-
minute increments of overtime.
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111
3.15.08065- Police department clothing allowance.
A. Members of the police department shall be provided with two complete uniforms a every ether
year. which-includes-t , two-shirt e-pair-ofbee
B. On odd years, police officers will be provided summer boots.
C. On even years, police officers will be provided winter boots.
D_B All uniforms are the property of the City of Seward and shall be returned to the city before
the separation from city service.
3.15.09080-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. 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. 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.
3.15.100 085-Annual Longevity bonus.
A. All regular full-time employees,after completion of one year's service, equal to(two thousand
eighty (2,080) hours, shall be paid longevity pay at the rate of one percent and a half(1.5%)
of the employee regular annual salary.
B. Longevity This annual bonus pay shall be paid once each year ea during the first December
pay period day-of Decembe
C. Any break in city employment longer than thirty(30)calendar days will advance the eligibility
date by the number of days in excess of thirty(30).
D. Time served as temporary employee shall not be included in the 2080 2,080 hours calculation.
3.15.110 090-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.
3.15.120 095- Insurance and medical benefits.
A. A regular city employee is entitled to participate in the group life and health program
administered by the city manager and approved by the city council, provided the employee
works an average of thirty(30)hours per week.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
B. The city shall contribute to each regular city employee's group health premium, up to the
maximum amount determined from time to time by the city manager and approved by the city
council.
C. Absences due to paid leaves, some cases of leave without pay and those absences covered by
workers' compensation shall not interfere with the benefits.
D. The human resources manager shall provide all eligible employees with applications and
information concerning the programs and the finance department shall provide for payroll
deductions to cover the employees'premiums.
3.15.130 400-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 is the City of Seward's policy to recruit and select the most qualified person for positions in the
city's service. To ensure this policy is carried out, it 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 will be
followed in the selection of employees of the city.
3.20.015- Recruitment method.
The 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.
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 shall
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
issue job announcements and otherwise publicize vacancies through such media including,but
not be limited to, 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 fLcalendar 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.
B. 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 a pre-employment physical
examination.
B. The cost of the examination shall be paid for by the city.
C. A pre-employment examination may be conducted by the physician of the employee's choice;
provided, however, the cost of the examination shall be deducted from the employee's final
paycheck if the employee voluntarily terminates employment ninety(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 the applicant does not
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 requirements demonstrated as necessary to
perform the work of the position provided, however, the city shall comply with all
applicable provisions of the Americans with Disabilities Act;
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.
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ORDINANCE 2023-012
B. Whenever an application is rejected, notice of 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 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 required for temporary positions requiring public security,
administrative confidentiality, working with youth, or cash handling.
Chapter 3.25.- 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 obtain the best qualified candidates for each
position.
B. The 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.
3.25.015-Confidentiality.
Selection material shall be disclosed only to the city manager, human resources manager, 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.
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, prior to the acquisition of regular status.
B. Satisfactory performance rating required.
1. Probationary employees must obtain at least a satisfactory performance rating at the
completion of their probationary period in order to obtain regular status.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
2. Probationary periods can be extended if deemed necessary by the employee's supervisor.
C. Termination while on probationary status.
1. 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.
2. Just cause is not required for any form of discipline or separation during the probationary
period, with no recourse to the grievance procedure.
D. Reassigned employee probationary.
1. When an employee is reassigned to a position where the employee previously held regular
status, no probationary period shall be served.
2. When an employee is reassigned to a position where 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. 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
the employee's previous class and 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 and municipal correction officers.
1. Sworn officers of the police department and municipal correction officers are required to
serve the probationary period established by the Alaska Police Standards Council in
addition to the probationary period established by the city.
2. These periods shall run simultaneously, but for the purpose of personnel decisions,
permanent status is attained only after certification by the Alaska Police Standards
Council.
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 without a break in service as
defined in section 3.01.035.
B. Seasonal employees.
1. Seasonal appointments shall be made on a seasonal basis with the expectation that the
employee will return to their position consistent with the city's needs, although the hiring
will be temporary pursuant to section 3.25.040(a).
2. No employee shall have the absolute right to continued employment in any particular
position.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
C. Temporary or seasonal employees with prior work status.
1. 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.
2. 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.
1. Employees may be hired on an on-call basis upon the recommendation of the department
head and approval of the city manager.
2. 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 thirty (30)
calendar days.
B. 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 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
3.30.015-Administration.
The appointing authority shall administer the employee performance evaluation. Administering
the employee performance evaluation shall include advising and assisting employees, rating
officers and reviewing officers to 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 performance shall be evaluated at the following times:
A. End of probationary period.
1. Each employee shall be evaluated approximately ten (10) days prior to the completion of
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. Annual.
1. Each employee shall receive an annual performance evaluation on or near 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 receive
a step increase.
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.
3.30.025 -Evaluator and form of evaluation.
A. Rating officer.
1. 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
the supervisor's supervision.
B. Reviewing officer.
1. 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 the rating officer's jurisdiction before the report is discussed with the
employee.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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.
3.30.035-Unsatisfactory evaluation.
A. Before discussing an unsatisfactory evaluation that does not recommend a step increase with
an employee, the department head shall discuss the evaluation with the city
manager and obtain the city manager's signature.
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.
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 office.
3.30.050-Disciplinary action procedure.
A. Disciplinary action required in writing. All disciplinary actions, , shall
be documented in writing,presented to the employee, and placed in the employee's personnel
file.
1. The 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,
b. It represented behavior that should be disciplined,
c. The discipline is appropriate, and
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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 shall be added.
4. The employee shall be requested to sign the document and informed that the employee's
signature indicates only the employee's agreement that the document accurately records
the discussion.
5. If the employee refuses to sign the document,the statement shall be entered: "(Employee's
Name)read the contents on(date) and refused to sign."
B. Document distribution and disciplinary review.
1. One copy of each completed 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.
3. The supervisor may, if necessary, complete reviews of the employee's progress correcting
the cause of the original action at scheduled intervals throughout the following 12 months.
These reports shall be 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:
1. for cause for a period not to exceed thirty(30) 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.
A. An appointing authority may reassign an employee for any reasonable administrative reason,
for disciplinary reasons in accordance with other provisions of this title,or upon the request of
the employee.
B. 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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. Improve the quality of services to the city;
B. 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 authorized employee development
programs are properly administered;
5. Periodically analyze and evaluate the overall development needs of employees within the
city service;
6. Assure all employees receive equal consideration for appropriate training opportunities;
7. Assure employee personnel files are updated upon successful completion of any employee
development activities to ensure maximum consideration for placements, transfers and
promotions;
B. Department heads shall provide active leadership in developing the employees under their
supervision. In this capacity,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;
4. Evaluate the effectiveness of completed career development programs and make
recommendations for improvement where appropriate;
5. Assure employees are provided with sufficient time to participate in career development
programs.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
Chapter 3.40.-Grievance Procedure
3.40.010- Policy.
their employment Pursuant to SCC 3.25.035, 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, at the
employee's insistence.
C. If the problem is not settled and it meets the definition of a grievance in Section 3.40.020,the
the employee has the right to present the grievance.
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 - Definition 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 code or charter,eity
or misapplication or interpretation thereof, of
which directly pertain to the terms or conditions of
employment of such employee or group of employees by the City of Seward.
B. A grievance is not to resolve general complaints or concerns regarding other employees or
disagreements about how work is to be accomplished. Complaints about such matters 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 clq code.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
3.40.025- Supervision of grievance procedure.
A. The appointing authority ,
shall oversee the handling of all employee grievances so that they are processed in accordance
with the procedures stated in this chapter.
B. Supervisors and department heads shall keep the city manager, or in regard to the city clerk's
office,the city clerk, and human resources manager informed of all grievances in progress.
C. Assistance in understanding the grievance procedure will be provided by the human resources
manager if requested.
3.40.030- Grievance procedure steps.
A. Time measurement. In the application, "working day" shall exclude Saturdays, Sundays
and recognized holidays.
B. Stipulations.At each step of the grievance procedure,the time requirements may be extended
by mutual agreement.
C. Settlements. Nothing in this section shall be construed to prevent settlement of a grievance
by mutual agreement of the parties at any time.
D. Commencement.
1. A grievance must be initiated within 15 working days after an employee knew or should
have known of the act or condition upon which the grievance is based.
2. For disciplinary grievances, this time limit runs from issuance of the discipline letter.
3. Failure of the employee to comply with this time limit shall operate as a waiver of the
grievance.
E. Step procedure established. Any grievance shall be handled as follows with each step to be
taken only if a satisfactory adjustment cannot be obtained in the previous step.
te-heafing-iii-seetien-13-below,A11-ether-gfievanees-shall-be-handle€14n-the-fellewing-mancien
1. Step 1.
a. The grieving employee shall discuss the grievance with the appropriate immediate
supervisor.
within 15 working days from the time of occurrence of the problem.
b. If the employee and the supervisor fail to agree on a resolution of the issue within
ten (10) working days from the date the grievance was initiated, Step 2 will be
followed.
c. The grieving employee shall have five (5) additional working days from the date of
the Step 1 discussion to proceed to Step 2.
A. The o shall attempt to ro olvc the problem . „thi,, ter. . orking .says after
2. Step 2.
a. The employee shall prepare a written statement of the grievance and present it to the
human resources manager with a copy to the city manager within fifteen (15)
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
working days of the time limit in subsection (E)above,plus five (5) additional days if
applicable under 1(c) above. The statement shall include the following information:
1. The nature of the grievance and the circumstances out of which it arose,
including the date of occurrence;
2. The remedy or correction the supervisor was requested to make;
3. The section or sections of the Seward City Code relied upon or alleged to have
been violated, if applicable;
4. The signature of the employee; and
5. The date the statement of the grievance was prepared.
b. The human resources manager shall forward the written statement to the appropriate
department head.
c. The department head will investigate the grievance and meet with the employee to
discuss the grievance within ten working days.
d. The department head will notify the employee of their decision within five (5)
working days following the meeting date.
i f the a ployee has .,ot ed from the : mediate s ithin
a. o
ten working-days, or if the employeezeelss thcns.:= ec 'ems isn utisfactor , the
b. The department head will investigate the grievance and meet with the employee to
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.
3. 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, 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, will investigate the grievance and meet with the
employee to discuss the grievance .
c. The city manager, or designee, will notify the employee of their decision within€rye
fifteen (15) working days following the meeting date, or, if no meeting is had, within
twenty (20) days of receipt of the step 3 grievance filing.
d. The step 3 grievance response is final and concludes the grievance process except
for matters which are arbitrable as provided below.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-012
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.
4. Step 4.Arbitration.
A. If the grievance is not resolved at Step 3, the grievant may demand arbitration of the
grievance only if:
1. Such a demand is otherwise timely initiated and timely advanced as to each step
in the grievance process, and made in writing no later than seven (7) working
days after the step 3 response was due or received; and
2. The grievant cooperates in selecting and arranging for an arbitrator and
arbitration hearing; and
3. The demand includes a clear and concise statement of the issue and code sections
to be submitted to arbitration; and
4. The issue statement does not conflict with an applicable collective bargaining
agreement or the exclusive representation of an employee by his or her union;
and
S. The issue statement is within the issues raised in the step 2 grievance filing and
within the definition of a grievance under 3.40.020. No new issues may be added
by the grievant by amending this issue statement or by raising new issues at the
arbitration; and
6. The grievance or issue statement are not substantially similar to a previously filed
grievance; and
7. The grievance and issue statement can fairly be said to fit one of the two
following:
a. A grievance over the grievant's involuntary dismissal from city service of a
grievant who is not serving a probationary period; or
b. A grievance, not involving an involuntary dismissal, that presents plausible
and substantial evidence of a major unremedied and ongoing violation of city
code that substantially and materially impairs the grievant's working
conditions, and which
i. Does not involve discipline; and
ii. Does not involve the failure to hire or promote a candidate the grievant
believes should have been hired or promoted; and
iii. Does not involve a mere difference of reasonable opinion about how to
interpret city code, regulation,policy; and
iv. Does not primarily concern a mere personal of professional personality
conflict.
8. For dismissal grievances under subsection (7)(a) above, the arbitrator shall find
that dismissal is for just cause if it is not for any arbitrary and capricious reason,
and based on substantial evidence reasonably believed by the employer to be
true.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
111
9. If a demand for arbitration does not comply with the whole of subsection (4)(A)
above, the City shall refuse to arbitrate the grievance.
either party „bmit the matter to arbitration withi f s .skin. ,lays from the
va 1V1 Yua�J u � o e
e the—E ' �ritten state ent was deli' o t e employee.
T e arb.;tr do sh ll b e f:na and b finding s„b ject to the limits of'a thor t y stated b elow
111V
B. Signifcant disciplinary o n,1 , „actions f cit y code. Within twenty (20)
calendar working days of an employee's receipt of a timely request for
arbitration, the human resources manager 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. A list of qualified labor arbitrators may be obtained by the
Federal Mediation and Conciliation Service, by identifying a member of the Alaska
Bar Association who works as a professional mediator or arbitrator, or by another
reasonable means to secure an unbiased and professional arbitrator.
T..be in l,,.lo,l o this list a arb.:tr too sh ll b e mb.er i .. o st.,.,. ing
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a. b 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
•
b. 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.
c. 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 at least ten
calendar days before the date set for the arbitration. Once the human resources
manager 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.
d. 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 issue statement provided in subsection (A)above, the,.,,mplaint fle'1
e The arbitrator shall have no authority to determine a violation
of state or federal law. The arbitrator will be bound by the substantive scope of
an arbitrable grievance as defined in subsections (A) above and 3.40.020. The
arbitrator shall not make any award involving payment to a party for events,actions,
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
or omissions giving rise to the grievance. If the city asserts the grievance is
untimely or otherwise procedurally barred,the arbitrator shall not determine any
substantive issue unless finding the grievance timely and procedurally compliant.
The burden of proof and persuasion will be on the grievant to show city code was
violated.
e. 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.
f. In the application of this section, the term "employee" shall include any duly
authorized representative of the employee who alleges a grievance.
g. Nothing in this section shall be construed to prevent settlement of a grievance by
mutual agreement of the parties at any time.
be
h. Each party shall bear one-half of the arbitrator's fees. Other expenses shall be
borne by the party incurring them, and neither party shall be responsible for the
expenses of witnesses called by the other party, except that witnesses who are
employees of the city shall be paid by the city for normal working time spent
testifying at the hearing. The grievant may not file a new grievance until
satisfying their obligation above for the arbitrator's fees.
i. 1-0-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.
j. 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,
employees:Probationary employees
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 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 the employee's right to grieve the particular
violation and initiation of a grievance for the same act or omission is thereafter barred.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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 only by
written advancement by the Rrievance within the timeframes described above for non-
response.
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 .
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.
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;
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;
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;
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.
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ORDINANCE 2023-012
B. With 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 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.
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 the employee shall use it.
3. The employee shall be allowed to use any amount of annual leave at the time 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 thirty(30) days in advance.
5. 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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 supervision has taken the minimum annual hours of leave required by this
section. The department head shall provide in writing to the city manager the reasons an
employee in the supervisor's department failed to take the minimum annual leave hours
required. The documentation shall be made a part of the personnel file of the employee in
question. The city manager may waive these leave use requirements.
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
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.
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ORDINANCE 2023-012
a. The city may require, at the employee's expense, recertification every thirty (30) days
for pregnancy or chronic or permanent conditions under the continuing supervision of
a health care provider. 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.
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 for use upon
the death of members of the immediate family limited to one(1)time per calendar year.
2. Leave without pay up to an additional five (5) 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, and mothers and fathers-in-law, and legal guardians.
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
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
employee's annual leave at 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.
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 thirty (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(30) calendar days as administrative leave
without charge to annual leave.
D. The city will pay the difference between the amount paid by the military, excluding
allowances, and the sum the employee would have received for city work during the same
period at the regular rate.
E. An employee called to active duty for a period exceeding thirty (30) calendar days shall be
granted a leave of absence without pay for a period terminating ninety (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.
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ORDINANCE 2023-012
C. In order to be entitled to jury leave, the employee shall provide the department head with
written proof of the requirement of 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 any purpose other than those described above will be covered by annual
leave or leave without pay and any fees received in this connection may be retained by the
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 LI the city manager. City manager approval must be obtained prior
to taking employee-requested leave without pay. Employees without accumulated paid
leave to cover absences will default to leave without pay for the scheduled hours.
2. Each request for the leave shall be considered in the light of the circumstances involved
and the needs of the city.
3. Leave without pay shall not be requested nor granted until all annual leave has been
exhausted, except when an employee is absent and drawing workers' compensation pay.
4. Normally,not more than 60 90 calendar days leave without pay may be granted for personal
reasons, unless the employee is on Family Medical Leave(FMLA).
5. No benefits will accrue while on leave without pay except medical insurance which will
continue to be paid as long as the employee is employed by the city.
B. Notice.
1. Employees seeking leave without pay for any reason are required to request the leave at
least thirty (30) days before the leave without pay is to begin, if the need for leave is
foreseeable.
2. If thirty (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.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-012
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
3.45.080- Change of anniversary date due to leave without pay.
If an employee uses more than thirty (30) calendar days total leave without pay during the
employee's leave year, 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 shall be
without pay for the period of absence and shall be grounds for disciplinary action, up to and
including termination.
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;
3. For 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. 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. 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 2023-012
G. 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. 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.
3.45.100-Light duty.
A. Light duty status provides an opportunity for an injured city employee to temporarily work
in an assignment within the employees'capabilities, as determined by a physician.
B. Each light duty assignment will be handled on a case-by-case basis.
Chapter 3.50.-Holidays
3.50.010-Recognized city holidays.
The following holidays shall be recognized as holidays with pay for all regular full-time and
regular part-time employees:
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
3.50.015-Holiday falling on a Saturday or Sunday.
A. When a recognized holiday falls on a Saturday, the Friday immediately preceding the holiday
shall be considered the recognized holiday.
B. When a recognized holiday falls on a Sunday, the following Monday shall be considered the
recognized holiday.
3.50.017-Holiday—Use of.
A. Holiday falling on an employee's scheduled day off.
1. Department heads shall allow an employee to take a different day off during the same
period if an employee's scheduled day off falls on a recognized holiday.
2. The employee's timesheet will reflect the holiday on the alternate date, with all other
compensable time recorded as per the employee's normal schedule.
B. Holiday—alternate date requested by employee.
1. At the discretion of the department head, which will not be unreasonably withheld, the
department head may permit an employee to move the recognized holiday to another day
within the same pay period as the holiday.
2. The employee's timesheet will reflect the holiday on the alternate date, with all other
compensable time recorded as per the employee's normal schedule.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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.
Employees shall forfeit their right to payment for any holiday if the employee is on leave without
pay (to include injury, military, or other non-compensable leave status) or has an unexcused
absence on the employee's last regularly scheduled workday before the holiday or on the
employee's next regularly-scheduled workday following the holiday.
3.50.030-Computation of holiday pay.
A. Full-time employees.
1. Full-time employees shall receive their regular straight time rate of pay for all recognized
holidays.
2. Holiday pay hours are equal to the number of hours worked in the employee's assigned
shift and shall be paid at the shift differential the employee is assigned to work.
3. Holiday pay hours are not counted as hours worked for the purposes of calculation of
overtime pay.
II B. Part-time employees.
1. A regular part-time employee shall be paid based on their position's percentage of a full-
time position.
2. Holiday pay hours are equal to the number of hours worked in the employee's assigned
shift and shall be paid at the shift differential the employee is assigned to work.
3. Holiday pay hours are not counted as hours worked for the purposes of calculation of
overtime pay.
Chapter 3.55.- Separations.
3.55.010-Resignations.
A. Resignation in good standing.
1. To resign in good standing, an employee who desires to terminate employment shall give
a minimum of 14 calendar days' written notice to 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
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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 result in the employee to beig ineligible for rehire, unless the
supervisor or human resources manager note an exception to ineligibility on the separation
document which must be approved by the city manager.
D. Effective date and annual leave balance.
1. 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 the employee without
undue delay with 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 the department head's findings and recommendations to the city manager,who shall
decide which employees shall be laid off.
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 give the employee 45 days'notice or 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;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
3. Violation of, 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
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. 2-Written reprimand. An immediate supervisor,department head or the city manager may
issue written reprimands;
2. 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;
3. 4; Dismissal. Only the city manager or a department head, with approval 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, the employee may be suspended with pay immediately by the
city manager or department head,with approval from the city manager,until disciplinary action
is determined and administered.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
D. A regular employee shall be granted a pre-termination hearing before the employee's
supervisor and the city human resources manager before a disciplinary measure involving
possible dismissal is administered.
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, 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.
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, the employee shall be terminated from the city service.
3.60.015- Outside employment.
A. Employment conflicting with city interests.
1. No employee shall engage in any other employment, whether public, private or self-
employment, during scheduled work hours nor outside scheduled work hours if the
employment conflicts with the city's interests or adversely affects the employee's
availability and usefulness.
2. Supervisors are responsible for informing all employees under their supervision of the
provisions of this language 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. Preparing financial reports subject to city audit, or review;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
f. 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 the supervisory
position;
g. Actively participating in management of any business organization that obtains, or is
attempting to obtain, funds or business from the city;
h. Other employment wherein data or information to which access is provided by city
employment could be used.
B. Employees are required to obtain from the Human Resources Manager an outside
employment agreement form. Employees are required 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.
B. Family members shall not be placed in a position that one member is required or authorized to
review the work, personnel documents, expense account or time records of another family
member.
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.
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CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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3.60.030 -Moving expenses for new employees.
Whenever a professionally or technically trained person changes their place of residence for the
purpose of accepting employment with the city, the person shall be reimbursed for actual and
necessary expenses under the following conditions:
A. Moving expenses shall be approved by the city manager prior to being offered to the new
employee.
B. The employee must be appointed to a position of a class for which the city manager certifies
that the expenditure is necessary to recruit qualified employees.
C. 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. To be eligible for the total allowance for an employee, with a family, the employee's
dependents must accompany or join the employee within one year of the date of appointment
to city service.
E. New employees who are assisted with their moving expenses shall be required to sign a
transportation agreement prior to employment.The agreement shall stipulate the employee will
reimburse the city for all or part of the expenditures in the event 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. New employees may not be given an advance against moving expenses without prior written
approval of the city manager.
G. It is the appointing authority's responsibility to ensure prospective new employees are aware
of pertinent limitations of this language before a move is made.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
H. 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.
I. 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.- 35---Take-home-vehieles.
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.
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.
3.60.050-Firearms prohibited.
A. No city employee may possess firearms of any type on any city work site or in any city vehicle
with the exception of:
1. Law enforcement officers who are required to carry weapons; and
2. Employees who, with their supervisor's permission and approval of the city manager, in
advance and in writing, may reasonably have access to a weapon when working in a
remote site where wildlife presents a personal safety risk.
B. This prohibition applies to all types of firearms including, but not limited to, pistols and
rifles, loaded or unloaded, concealed or worn visibly with or without a permit
3.60.060-Pets in the workplace.
The City of Seward prohibits bringing a pet to work or having a pet in any City of Seward
controlled buildings and premises, except to the extent a service animal is required by the
Americans with Disabilities Act (ADA). As such, emotional support or comfort animals,
regardless of training or certification, are not allowed in the workplace.
3.60.070- Use of tobacco-restrictions.
A. All use of tobacco, including smoking tobacco, e-cigarettes (vaping) and chewing tobacco,
ijrohibited in all city office spaces, work sites and common areas(breakrooms, restrooms,
hallways etc.) owned by the city and in any public areas shared with city offices.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
B. Use of tobacco is prohibited in all City vehicles includinz equipment pursuant to and
consistent with Alaska Statue 18.35.301.
C. Use of tobacco is permitted outside of facilities or outside of vehicles during designated relief
or lunch breaks. All outside smoking must be fifty (50) feet or more from City of Seward
controlled buildings and premises.
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.
All Any collectively bargained agreements is are subject to city council 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.
Editor's note(s)—Ord. No. 2019-009, § 3, adopted April 22, 2019, repealed § 3.65.025, which
pertained to appropriate bargaining unit and derived from Ord. 540, § 3(part), 1985.
Chapter 3.70.-Standards Relating to Drugs and Alcohol
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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
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 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 conviction(s)
for criminal drug statute violations occurring in the workplace.
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.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
B. An employee who is temporarily incapable of performing assigned or required job duties will
be released from the work site and, if appropriate, returned to 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.
Chapter 3.75.-Standards Relating to Employee Conduct
3.75.010- Sexual harassment.
A. Sexual harassment is unlawful and violates city } code.
1. 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
can 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.Employees who believe they have been subjected to sexual harassment
or any unwanted sexual attention should report the incident(s) to the employee's supervisor
and/or the human resources manager and the city manager.
1. An employee who believes the employee has been subjected to sexual harassment or
/.2: All complaints will be promptly and fairly investigated and, where appropriate,
immediate corrective action will be taken.
2. To the highest degree possible, allowing for a fair investigation, all such complaint
will be treated in the strictest confidence.
harassment,
D. Employees shall not be retaliated against because they have made complaints of.sexual
harassment
CITY OF SEWARD,ALASKA
ORDINANCE 2023-012
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. The city shall follow the procedures set forth in the.-alastia State Workers'Compensation
Act.
B. All injuries must be reported to the employee's supervisor and to the human resources
manager.
A. '
,
continue,
Section 2. This ordinance shall take effect ten(10)days following its enactment.
Section 3. This ordinance supersedes all policies not previously approved by the city
council.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,this
8th day of May,2023.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-012
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: DeMoss, Calhoon, Finch, Osenga, Wells, Barnwell, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ball u, MMC
City Clerk
,
(City
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• SEAL � e =
City Council Agenda Statement
Meeting Date: April 24, 2023
To: City Council
Through: Janette Bower, City Manager
From: Tammy Nickell, Human Resources Manager
Agenda Item: Ordinance 2023-012: Amending Seward City Code Title 3 Personnel
Background and justification:
Title 3 contains the city's personnel code. Due to the evolving nature of personnel requirements
and ongoing need to address issues as they arise, the Title is brought before the council to enact
language previously confined to policies and to codify and clarify processes currently used by the
city.
The ordinance has been extensively reviewed by the city's attorney(s), as well as the policies that
were not previously contained in Title 3. Please note that enacting the ordinance supersedes all
policies not previously approved by the city council.
Chapter 3.01 Objectives and Scope
Amended Ordinance
code section Section Title Page # Amendment
3.01.020 Scope 2 Bulleting added.
Chapter 3.05 Or anization and Del e ation of Authority
Amended Ordinance
code section Section Title Page # Amendment
Language has been added to require the
3.05.015 F Responsibility and authority 4 human resources manager, or designee if
the human resources is unavailable, to
participate in all employment interviews.
Chapter 3.10 Position Classification
Amended Ordinance
code section Section Title Page # Amendment
Language has been added recognizing
Classification plan — reorganization of a department by the city
3.10.025 E development and 6 manager(which is the most common action)
administration. and clarifying language regarding an
employee affected by reclassification.
Chapter 3.15 Salary Administration
Amended Ordinance
code section Page # Amendment
3.15.010 Pay plan 7 Grammatical amendment.
3.15.030 B Entrance pay rate 8 Clarifies appointment above the entrance
pay rate.
The 'open range positions" language has
3.15.030 D Entrance pay rate 8 been struck because the new pay plan puts
all employees, with the exception of the
180
manager and clerk, on the same pay plan.
3.15.035 A.2. Step increases 8 Strikes language regarding open range
employees to be consistent with 3.15.030.
Clarifies that in order for an employee to
receive further step increases,the employee
3.15.035 B.2. Step increases 8 must continue to demonstrate satisfactory
service of a progressively greater value and
eliminates reference to the open range.
3.15.045 B.2. Pay rate adjustments 9 Clarifying language.
Language added regarding reinstatement of
3.15.045 E Pay rate adjustments 9 an employee returning from military leave
and eliminates the language limiting
reinstatement strictly to veterans.
Requires prior written designation, clarifies
working days and calendar days and enacts
Compensation during language regarding when a department
3.15.050 A temporary assignment 10 head is in state and deems it appropriate for
an employee to be temporarily assigned to a
position.
3.15.060 D Overtime 11 Grammatical amendment
3.15.060 E Overtime 11 Shift differential increased to match the
SPEA Ian ua e.
3.15.070 Standby compensation 11-12 Language added to clarify standby
compensation.
3.15.075 Call-out compensation 12 New section mirroring the SPEA contract.
3.15.080 Police department clothing 13 Language clarifies the timeframes regarding
allowanc police department uniforms.
3.15.090 Changing pay range assign ents 13 Renumbered
References to "longevity" bonuses have
been struck and replaced with "annual"
3.15.100 Annual bonus 13 because all regular employees receive the
bonus annually. The bonus percentage has
been increased to 1.5% of the employee's
annual salary.
3.15.110 Retirement 13 Renumbered
3.15.120 Insurance and medical 13 Renumbered
benefits
3.15.130 Effective date of changes in 14 Renumbered
a
Cha ter 3.20 Recruitment
Amended Ordinance
code section Section Title Page # Amendment
No changes
Cha ter 3.25 Selection
Amended Ordinance
code section Section Title Page # Amendment
3.25.035 Probationary employee 16 Additional bulletin
Language added referencing municipal
3.25.035 G Probationary employee 17 correction officers and clarifies permanent
status after certification by the Alaska Police
Standards Council.
3.25.040 Temporary, seasonal and 17 Additional bulleting
on-call appointments
181
Chapter 3.30 Performance Evaluation
Amended Ordinance
code section Section Title Page # Amendment
Language added requiring the city
3.30.035 A Unsatisfactory evaluation 19 manager's signature on unsatisfactory
evaluation.
Chapter 3.35 Employee Development
Amended Ordinance
code section Section Title Page # Amendment
No changes
Chapter 3.40 Grievance Procedure
Amended Ordinance
code section Section Title Page # Amendment
3.40.010 Policy 22 The first sentence was struck due to
ambiguous nature of the sentence.
Language added to enable the employee to
3.40.015 B Discussion r a problem 22 document a supervisor's decision within the
with a supervisor employee's personnel file.
3.40.15 C Discussion of a problem 22 Clarifying language pointing to section
with a supervisor 3.40.020.
Language is struck regarding separate
3.40.020 A Definition of a grievance 23 personnel rules and regulations because
Title 3 and council adopted policies are the
governing documents.
Clarifies that grievances are not for general
3.40.020 B Definition of a grievance 23 complaints or disagreements about how
work is to be accomplished.
3.40.020 C Definition of a grievance 23 The language refers back to code.
The language"(city manager,or in regard to
Supervision of grievance the city clerk's office, the city clerk)" has
3.40.025 A procedure. 23 been struck because the appointing officer is
defined in the definition section.
The entire section has been amended to
3.40.030 Grievance procedure steps 23-27 clarify the grievance procedure steps and to
better define the timeframes fora grievance.
Strikes language regarding automatic
3.40.040 C Time limits 28 advancement of a grievance and refers back
to the established timeframes.
Strikes the requirement that the extension of
3.40.045 Extension of time limits 28 time limits by mutual consent must be
signed by all parties because most of the
correspondence is completed through email.
3.40.060 No discrimination or 28 The last sentence has been struck because it
reprisals is redundant to the paragraph.
Chapter 3.45 Annual Leave
Amended Ordinance
code section Section Title Page # Amendment
3.45.040 F.3. Annual leave use 31 Adds "legal guardian" to the definition of
immediate family.
182
Language added to require city manager
3.45.075 A.1. Leave without pay 32 approval prior to the use of leave without
a .
Provides for 90 days of leave without pay,
3.45.075 A.4. Leave without pay 32 with the exception of FMLA.
3.45.100 Light duty 34 Provides for light duty on a case-by-case
basis.
Cha ter 3.55 Se arations
Amended Ordinance
code section Section Title Page # Amendment
3.55.010 C Resignations 36 Provides for an exception when an employee
fails to give adequate notice of a resignation.
Oral reprimand has been removed from
Dismissal for disciplinary 37 progressive discipline because a supervisor
3.55.020 B.I. reasons. may use the oral reprimand as a coaching
opportunity, as opposed to discipline.
Chapter 3.60 Special Provisions
Amended Ordinance
code section Section Title Page # Amendment
Clarifies that an employee must obtain the
correct forms from the human resources
3.60.015 B Outside employment 36 manager prior to accepting outside
employee and the city must approve the
outside employment.
The entire section has been struck because
3.60.025 Travel expenses 39 the language is contained in a separate
policy.
The entire section has been struck because
3.60.027 Training expenses 39 the language is contained in a separate
policy.
The entire section has been struck because
3.60.035 Take home vehicles 41 the language is contained in a separate
policy.
3.60.050 Firearms prohibited 41 New section addressing firearms in the
workplace.
New section addressing pets in the
3.60.060 Pets in the workplace 41 workplace. Note: the language was
previously in a policy adopted by council.
3.60.070 Use of tobacco— 41 New section addressing use of tobacco by
restrictions employees in the workplace.
Chapter 3.65 Collective Bargaining
Amended Ordinance
code section Section Title Page # Amendment
Submission of collective
3.65.010 bargaining agreements to 42 Grammatical amendments
the city council.
Chapter 3.70 Standards Relating to Drugs and Alcohol
Amended Ordinance
code section Section Title Page # Amendment
No changes — however, the language is expanded on in a separate policy.
183
Chapter 3.75 Standards Relating to Employee Conduct
Amended Ordinance
code section Section Title Page # Amendment
3.75.010 Sexual harassment 44 Clarifying amendments
Chapter 3.80 Workers' Com ensation
Amended Ordinance
code section Section Title Page # Amendment
The language has been struck and new
3.80.010 Workers'compensation 44 language inserted to state the city shall
follow the procedures set forth in the Alaska
State Workers'Compensation Act.
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 legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
✓ Not applicable
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking R Water RHealthcare
Motor Pool Other
Note., amounts are unaudited
Fund Balance/Net position — unrestricted/unassigned $
Finance Director Signature:
Attorney ew
✓ Yes Attorney Signature:
Not applicable Comments: 184
4/17/23
Administration Recommendation
e✓ Adopt ordinance
Other:
185