FY2022-09 Personnel ManualIntroduced by: Borough Managers Office thru the Mayor
Kodiak Island Borough, Alaska Ordinance No. FY2022-09
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Drafted by: Special Projects Support
Introduced on: 02/17/2022
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Postponed on: 03/03/2022
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Public Hearing Date:05/05/2022
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Adopted on:05/05/2022
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KODIAK ISLAND BOROUGH
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ORDINANCE NO. FY2022-09
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AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE
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KODIAK ISLAND BOROUGH PERSONNEL RULES AND REGULATIONS, 1994 EDITION, TO
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REFLECT CHANGES NEGOTIATED IN THE COLLECTIVE BARGAINING AGREEMENT, THE
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DISCONTINUANCE OF THE PERSONNEL ADVISORY BOARD, AND CLARIFICATION OF
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POLICIES AND PROCEDURES
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WHEREAS, the Kodiak Island Borough Assembly, in keeping with the personnel policy,
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recognizes that personnel rules and regulations must be amended from time to time to provide
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for necessary personnel adjustments; and
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WHEREAS, changes to the personnel policy have been negotiated in the Collective Bargaining
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Agreement negotiation process; and
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WHEREAS, the Personnel Rules and Regulations contains references to the Personnel
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Advisory Board which was not re-established as of May 20,2021 via Ordinance 1-Y2021"41, and
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WHEREAS, staff have found that certain language within the Personnel Rules and Regulations
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requires clarification; and
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WHEREAS, references to many forms and practices are no longer valid; and
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WHEREAS, changes and updates to terminology are needed for consistency; and
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
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BOROUGH that:
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Section 1: This ordinance is of a general and permanent nature and shall become a part of
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the Kodiak Island Borough Code of Ordinances.
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Section 2: The Kodiak Island Borough Personnel Rules and Regulations, 1994 Edition, as
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referenced in Title 2 Administration and Personnel of the Kodiak Island Borough
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Code is amended to read as attached.
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Section 3: Effective date: this ordinance shall take effect upon adoption.
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Kodiak Island Borough, Alaska Ordinance No. FY2022-09
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF MAY, 2022
' KODIAK ISLAND BOROUGH
J
�icicl -
it ob ,-Ma or
VOTES:
Ayes: Delgado, Griffin, Smiley, Smith
Noes: Arndt, Turner
Absent: Williams
Kodiak Island Borough, Alaska
ATTEST:
./ j�� —M - Q mw�,�
Nova M. Javier, MMC, Interim Borough Clerk
Ordinance No. FY2022-09
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CHAPTER 1
OBJECTIVES AND SCOPE
Section
101 AUTHORITY
The following policies and procedures are promulgated under the authority of
Ordinance No. 77-31-O of the Kodiak Island Borough, amending Chapter 2.125 of
the municipal Code as revised by Ordinance No. 94-18, Adopted September 1, 1994
by the Kodiak Island Borough Assembly.
102 PURPOSE
It is the purpose of this manual to establish a system of uniform personnel policies
and procedures that shall assure high quality of personnel administration in full
compliance with all applicable state and federal requirements and in keeping with
generally accepted personnel management standards.
103 SCOPE
The scope of this manual includes a compilation of policies and procedures for
personnel administration of all employees of the Borough. "Terms and conditions
of employment", as used in this manual, shall mean the hours of employment, the
compensation and fringe benefits, and the employer's personnel policies affecting
the working conditions of the employees; but does not mean general policies
describing the function and purposes of a public employer.
104 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
The Borough and its employees are committed to the principle of equal employment
opportunity in all employment practices. Employees shall not be discriminated
against with respect to compensation, terms or conditions of employment because of
age, sex, sexual orientation, marital status, changes in marital status, pregnancy or
parenthood, race, religion, color, national origin, union activity, or disability.
105 AMENDMENTS
Amendments to this manual of personnel policies and procedures shall be made by
ordinance only. The pages so affected shall be typed by the Manager’s Office upon
passage of each ordinance, and copies distributed to each employee for insertion
and/or replacement in their copies of the Personnel Manual. The policies and
procedures contained in this manual constitute guidelines only, they do not
constitute part of an employment contract. The Kodiak Island Borough reserves the
right to amend any provision contained herein.
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CHAPTER 2
ORGANIZATION AND DELEGATION OF AUTHORITY
Section
201 PURPOSE
Proper organization and delegation of authority are essential to effective Borough
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 Borough government must play in order to create and
administer a sound personnel management program.
202 RESPONSIBILITY AND AUTHORITY
202.1 Borough Assembly.
The Borough Assembly shall have overall responsibility and authority to establish
Borough policy regarding personnel matters including the following:
a. Appoint and dismiss members of the a Personnel Board.
b. Assign such additional duties to the a Personnel Board as it deems
appropriate.
c. Approve the Borough's budget, including requests for personnel
management funds.
d. Approve personnel policies and procedures developed by the Personnel
Board.
e. Approve recommendations provided by the Working Conditions Advisory
Council.
202.2 Borough Manager.
The Borough Manager shall have the responsibility and authority to administer the
personnel policies and procedures adopted by the Borough Assembly.
a. Establish and maintain records of all employees in the Borough service,
which shall include the position title, pay, and other pertinent data. The
confidentiality of personnel records shall be in conformance with the
provisions of the Privacy Act. The release of public information pertaining
to employees and personnel records shall be consistent with the intent of
the Freedom of Information Act (FOIA).
b. Develop and administer an affirmative action program to provide for equal
opportunity in all aspects of Borough personnel administration.
c. 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.
d. Maintain the classification and pay plans.
e. Administer the Borough's recruitment and selection program.
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f. Insure uniformity in the application of discipline and processing of
employee grievances.
g. Prepare and adopt such forms, reports, and procedures as may be necessary
to carry out the Borough's personnel program.
h. Appoint and dismiss all Borough personnel except those appointed by the
Borough Assembly as stated in the applicable ordinance.
i. Provide a general orientation program which reviews significant policies
and benefits of the Personnel Policies and Procedures Manual and issue a
manual to each new employee
202.3 Department Heads Directors.
Department heads directors shall have the responsibility and authority to:
a. Enforce the personnel policies and administer the merit system in
their department (the merit system is the process of promoting and
hiring government employees based on their ability to perform a job).
b. Keep employees in their departments informed of current personnel
policies and procedures.
c. Participate in the grievance procedures as specified.
d. Appoint employees to vacant positions within their respective
departments in accordance with established personnel rules and
procedures.
e. Develop training programs for employees within their respective
departments.
f. Administer discipline within their respective departments according
to established procedures and delegate such authority to supervisory
personnel as deemed appropriate.
g. Conduct orientation for each new employee and review a copy of the
current position description, which outlines job duties, with each new
employee. Such orientation shall include introductions to fellow
workers, work standards, safety regulations, break periods, supplies,
and other departmental operating procedures.
h. Has appointing and dismissal authority over all employees under the
department head's director’s jurisdiction as delegated by the Borough
Manager.
i. Evaluate all staff at least once per year a minimum of thirty (30) days
prior to their anniversary date.
202.4 Supervisory Personnel.
Supervisory personnel shall have the responsibility and authority to:
a. Implement personnel policies, rules, and regulations in the units areas
under their supervision.
b. Administer discipline to employees under their supervision and
recommend dismissal, if warranted.
c. Train new employees and participate in the development of other
employees.
d. Evaluate employee performance.
e. Participate in the grievance procedures as specified.
202.5 All Employees.
Employees of the Borough shall be presented with a copy of this personnel policy
on the hiring date and shall have the responsibility to:
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a. Read and understand these rules and ask the immediate supervisor to
explain these rules if questions arise.
b. Understand the function of the department assigned and how that
function relates to the total mission of the Borough and all of its
departments.
c. Discuss with the immediate supervisor any questions relating to the
interpretation or application of these rules.
d. Bring to the attention of the immediate supervisor any change in
duties as outlined in the position description given to the employee at
hiring.
e. Submit in writing recommended changes to these rules first to the
immediate supervisor, then the department head director, and then
the Borough Manager to be considered by the a Personnel Board or
Borough Assembly.
203 ORGANIZATION AND DUTIES OF THE PERSONNEL BOARD
The Personnel Advisory Board was not re-established in 2017 per Resolution No.
FY2018-10. This section remains as a placeholder in case it is re-established.
The Borough Assembly shall appoint a Personnel Board consisting of five (5)
members. The term of each member shall be three (3) years. The terms of
appointments to the Board shall be staggered so that two (2) members are appointed
each year for two consecutive years and one (1) member is appointed the third year.
The regular term of a member of the Board shall commence on January 1st of the
year of appointment and shall expire on December 31st of the year the term expires.
A member of the Personnel Board may not hold any other office or position in the
Kodiak Island Borough government and must be a registered voter in the Kodiak
Island Borough. In appointing members to the Personnel Board, the Borough
Assembly will take into consideration the recommendations made by Borough
employees, the Borough Manager, any resident of the Borough and their own
recommendations. Appointments should be somewhat consistent with the overall
ethnic composition of the population of the community. All vacant positions and
anticipated vacancies on the Borough Personnel Board will be advertised, via local
media, at least three weeks prior to the filling of the vacancy by the Assembly. A
member of the Personnel Board may be removed from office by the Borough
Assembly for incompetency, dereliction of duty, three consecutive unexcused
absences from official Personnel Board meetings, or other abuse after being given a
copy of the charges and an opportunity to be heard publicly on such charges before
the Assembly. The Personnel Board will receive all recommendations concerning
additions, revisions, or deletions to/from the Borough Personnel Policies and
Procedures Manual. In addition, they may formulate their own recommendations
concerning the Borough Personnel Policy. These recommendations should have
input from the Borough Manager prior to action. The Assembly will then consider
these recommendations, and if approved as presented, or approved in amended form
by ordinance, will become permanent additions, revisions, or deletions to/from the
Borough Personnel Policy.
In addition, the Personnel Board shall have the responsibility and authority to:
A. Hold official public Personnel Board meetings at least, but not limited to
once per quarter. The required meeting will be held at a time determined
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by the Board each quarter, giving Borough employees at least five (5)
working days' notice prior to the meeting.
B. Work sessions or special meetings may be called by either the chairman or
two (2) members of the Personnel Board, giving Borough employees at
least five (5) working days notice prior to the meeting.
C. Establish a quorum of three (3) members for regular and special meetings
with no recommendations to go before the Assembly without a majority of
the Personnel Board voting affirmatively.
D. Furnish written minutes of these public meetings for the Borough files and
one copy to each department for posting. The minutes will be posted within
five (5) working days of such meeting. The Assembly will furnish the
Personnel Board with the secretarial and clerical staff necessary to carry out
its stated functions.
E. Elect a chairman, vice-chairman, and secretary; the secretary need not be a
member of the Board. The Board shall determine the time and place of its
regular meetings.
F. Advise the Assembly on matters concerning personnel administration, in
writing, after each official Personnel Board meeting.
G. Review job descriptions as prepared by the Borough administration and
submitted by the Borough Manager for the purpose of determining
placement in a pay range using the salary placement process as adopted by
the Assembly.
H. Perform other related duties as may be necessary to fulfil its responsibilities
as outlined in the Personnel Policy or as may be assigned by the Assembly.
It may also have the additional authority of promulgating its own rules and
regulations, subject to Assembly approval.
204 ORGANIZATION AND DUTIES OF THE WORKING CONDITIONS
ADVISORY COUNCIL
204.1 Organization of Advisory Council
There is created a Working Conditions Advisory Council which shall have as its
purpose the presentation to the Borough Assembly recommendations, advice and
suggestions regarding terms and conditions of employment for employees who are
not represented by a collective bargaining organization, including department heads
directors.
The Advisory Council shall consist of five three persons elected by the covered
employees and who may present advice, recommendations, and discussions to the
Borough Assembly at least quarterly or more frequently if requested by the
Advisory Council or the Borough Assembly upon reasonable notice.
204.2 Authority of Advisory Council
The Advisory Council's recommendations, advice and suggestions to the Borough
Assembly shall be considered in good faith by the Borough Assembly but shall have
no binding effect on the Borough Assembly. All Advisory Council
recommendations shall be presented at a regular Assembly meeting for ac tion by the
Assembly.
The members of the Advisory Council selected by the covered employees shall
serve for a period of at least one year from the date of election of the members of
such Advisory Council by the covered employees. No more frequently than once a
year, the Borough Assembly may for good cause request an affidavit or other
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reasonable evidence that the Advisory Council continues to represent the interests of
the majority of the covered employees.
204.3 Election of Advisory Council
The covered employees shall by secret ballot elect five three representatives to sit on
the Advisory Council. The municipal clerk shall provide secretarial or other
administrative services to the covered employees for election of said Advisory
Council members. An election shall occur no more frequently than once a year
commencing with the first election to be held within two months of the passage of
this article.
The Advisory Council may prescribe rules and procedures to complete its duties on
behalf of the covered employees, subject to approval of such rules and procedures
by the majority of covered employees.
Should a majority of all covered employees decline to participate in an election of
an Advisory Council or should a majority of the covered employees decline to be
represented by an Advisory Council, no Advisory Council shall be considered as a
spokesperson for the covered employees for a period of at least one year from the
date such a determination by the covered employees is demonstrated.
204.4 Application of Other Provisions
The provisions of the Borough Charter and Code, including the current Kodiak
Island Borough Personnel Rules and Regulations, shall, if inconsistent with advice,
recommendations, or suggestions of the Advisory Council, be controlling; provided,
however that the Advisory Council shall have the opportunity to comment upon and
seek revision to the Personnel Rules policies and procedures.
The provisions of the Public Employment Relations Act (AS 23.40) shall control if
inconsistent with the provisions of this article.
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CHAPTER 3
POSITION CLASSIFICATION
Section
301 DESCRIPTION
The Classification Plan is the result of the process of analyzing position descriptions
to determine the proper salary range placement on the salary schedule. Each position
in the Classification Plan shall be designated by broad job classifications and
defined by a salary range placement. All salary range placements will be made
using the Assembly approved salary range placement process approved by the
Borough Assembly.
302 PURPOSE
The Classification Plan provides the basic structure for salary placement on the
salary schedule and permits the consideration of pay policy based on the value of the
position to the organization and the decision-making requirements of the position.
The purpose of the Classification Plan is to provide a system of standardized titles
and common job language and is critical to the effective administration of personnel
activities, such as:
A. Manpower planning and budget.
B. Establishing job tasks and minimum qualifications.
C. Establishing fair and equitable pay.
D. Developing training programs.
E. Determining proper classification for new or additional positions.
F. Developing valid selection and recruitment programs.
G. Establishing appropriate career lines.
303 ADMINISTRATION AND DEVELOPMENT
The Borough Manager shall have the authority for the overall administration of the
Classification Plan. Department heads directors, key staff, employees and other
technical resources as appropriate shall be consulted in developing the Classification
Plan.
304 POSITION DESCRIPTIONS
Position descriptions shall be reviewed annually or at regular intervals – two (2) to
three (3) years – depending on upward or downward market movement. When a
new position is proposed or an existing position is proposed to be amended, the
department head director shall provide a written position description as well as a
determination of the value of the position to the organization and the decision-
making requirements of the position, to the Borough Manager, who shall analyze the
position to assure that it reflects the tasks that are needed to meet the goals and
objectives of the Kodiak Island Borough. Upon the Manager’s approval of the
position description, it shall be reviewed for proper placement on the salary
schedule. The Borough Manager will recommend any new or revised salary range
placement to the Personnel Board. The Kodiak Island Borough reserves the right to
change or revise job duties as the need arises. A position description does not
constitute a written or implied contract of employment.
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Section
305 MAINTENANCE OF THE CLASSIFICATION PLAN
The Borough Manager shall periodically review the entire Classification Plan or any
part thereof. The purpose of such review shall be:
A. To ascertain whether or not position descriptions accurately reflect the value
of the position to the organization; the level of decision-making; any change
in the market rate for the positions; or changes in internal equity among all
positions.
B. To determine the accuracy of salary range placement.
C. To assure that positions are properly classified.
The Borough Manager shall recommend to the Borough Personnel Board changes
needed in the salary range placement process to keep it up to date. Revisions to the
salary range placement process must be approved by the Borough Assembly.
306 REORGANIZATION OF DEPARTMENT
Whenever a reorganization of a department or action of the Borough Assembly
causes the type and level of work of a position to change, or a position appears to
have been incorrectly allocated, the department head director shall revise the
position description and provide the new description to the Borough Manager for
approval. A job analysis process will be done to determine the DBM rating
(reference Section 308) performed. The Manager will then recommend a salary
range placement to the Personnel Board for approval. Reclassification shall not be
used to avoid the provisions of the personnel rules dealing with layoffs, demot ions,
promotions, or dismissals.
307 SALARY SCHEDULE
The Borough Manager shall be responsible for the development of a salary schedule
(Appendix A) through analysis of cost of labor factors, prevailing rate of pay in both
public and private industry and other pertinent factors. Any proposed changes to the
salary schedule such as cost of labor or other adjustments shall be submitted to the
Borough Assembly as part of the annual budget ordinance for adoption.
308 SALARY RANGE PLACEMENT PROCESS
The salary range placement process shall be based on the principle of pay equity.
The objectives of the placement process shall be to:
A. Provide an appropriate salary structure to recruit and retain competent
employees.
B. Provide appropriate pay incentives for high employee productivity.
Each position description shall be reviewed in each of the above criteria using the
Decision Band™ Method (DBM) in which:
▪ The value of a job should reflect the importance of the job to the
organization.
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▪ The importance of a job is directly related to the decision-making
requirements of the job.
▪ Decision-making is common to all jobs.
▪ Decision-making is measurable.
Using the Decision Band™ Method:
• DBM ratings address internal equity and supports development of pay
structures.
• Decision bands within DBM include:
– Band F – Top Level Policy Decisions
– Band E – Programming Decisions
– Band D – Interpretive Decisions
– Band C – Process Decisions
– Band B – Operational Decisions
– Band A – Defined Decisions
• Bands are further subdivided into “grades” based on leadership responsibilities
and “subgrades” based on areas such as difficulty and complexity.
DBM Step 1 – Bands
Band A
defined
Band B
operational
Band C
process
Band D
interpretive
Band E
programming
Band F
policy
Determine
manner
and speed
to perform
defined
steps of an
operation
Determines
how and
when to
perform
steps of
processes
Selects
appropriate
process to
accomplish
operations
of programs
Interprets
programs
into
operational
plans and
deploys
resources
Plans
strategies,
programs
and allocates
resources to
meet goals
Organization
scope,
direction
and goals
DBM Step 2 – Grade
Authority
Structural
Authority
Sapiential
Authority
Responsibility Accountability Advisability Informability
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DBM Step 3 – Subgrade
Primary Criteria
Is affected by:
Is determined by:
Job Difficulty
Duty
Complexity
Duty
Occurrence
Number of
Duties
Diversity of
Duties
Duty
Frequency
Percent of
Time
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DBM Step 3 – Structure
BAND GRADE SUBGRADE
F - Policy
11 – Coordinating/Supervisory 2(5)
1(4)
10 - Non-coordinating
3
2
1
E - Programming
9 – Coordinating/Supervisory 2(5)
1(4)
8 - Non-coordinating
3
2
1
D - Interpretive
7 – Coordinating /Supervisory 2(5)
1(4)
6 - Non-coordinating
3
2
1
C - Process
5 – Coordinating/Supervisory 2(5)
1(4)
4 - Non-coordinating
3
2
1
B - Operational
3 – Coordinating/Supervisory 2(5)
1(4)
2 - Non-coordinating
3
2
1
A - Defined
1 –Non-coordinating
3
2
1
0 - Non-coordinating
3
2
1
Top Leadership
Mid – Mgmt
Staff Roles
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CHAPTER 4
HIRING AND ADVANCEMENT
Section
401 DESIGNATION OF EMPLOYEES
Regular Employee: A regular employee is an employee who has successfully
completed his/her probationary period in a position that is part of the regular
complement needed for performing Borough services as determined by the Borough
Assembly.
Regular Full-Time Employee: A regular full-time employee is one who is
employed to work a regular schedule of established weekly hours. The minimum
established weekly hours shall be at least thirty (30) hours a week.
Regular Part-Time Employee: A regular part-time employee is one who is
employed to work a regular schedule with established weekly hours totaling less
than thirty (30) hours a week.
Temporary Employee: A temporary employee is one who is employed to augment
the workforce whenever the workload temporarily requires additional help, or in the
event of an emergency or unanticipated situation for a period not to exceed six (6)
months. Temporary employees shall not accrue fringe benefits under this
agreement. If a temporary employee is extended beyond six (6) months, he/she shall
accrue sick leave, vacation, and seniority from the date of hire the same as a regular
employee. Temporary employees who work beyond six (6) consecutive calendar
months will also become eligible for holiday leave. Temporary employees shall not
be employed for more than twelve (12) consecutive calendar months unless an
extension is mutually agreed upon. In the event a temporary employee has been
employed for more than two (2) consecutive years and works twenty (20) hours or
more each week, the employee shall receive health insurance benefits in accordance
with Chapter 10, Section 1001 – Employee Insurance.
402 JOB VACANCIES
Position vacancies may be filled by promotion of existing borough employees
whenever practicable and in the best interest of the borough, if such an employee is
the most qualified applicant for the position. Applicants for promotions must meet
the qualifications for the vacant positions as described in the recruitment
announcement. The borough is not required to promote such employees to vacant
positions. The manager Borough Manager may, at his or her discretion, recruit from
the existing borough employees. Alternatively, recruitment may also include new
applicants through simultaneous announcement of positions internally and publicly
to allow recruitment of new applicants. Recruitment may be conducted with the
assistance of employment referral services.
Vacancies of union positions will be publicized in accordance with the Collective
Bargaining Agreement in effect.
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403 TEMPORARY POSITIONS
Temporary positions (positions lasting up to 6 months) may be advertised both in-
house and outside according to the above timelines, however, if immediate
assistance is needed, temporary positions can be filled immediately. If short-term,
temporary labor is needed for work not covered by a job description (such as manual
labor for a borough project), the wage rate will be based on the skill -level needed to
perform the particular task and will be determined by the Borough Manager.
404 INTERNS
The Kodiak Island Borough is a vehicle for attracting college and high school
students into local government occupations. As such, it allows opportunity for
training and beginning professional and technical positions while still attending
school. In order to qualify, the intern must be a high school or college student who
has the necessary academic training in the form of class work and research papers
and/or who also possesses the initiative to demonstrate his or her potential in the
field of local government. Interns will be considered temporary employees under
this manual and will be subject to the same policies and time limits as temporary
employees. Wage rates will be based on the job being performed and the skill-level
needed to perform the particular tasks.
405 JOB POSTING
Any Kodiak Island Borough position which is to be vacated, has been vacated, or
any position that has been created shall be posted within the Borough. Alternatively,
recruitment may also include new applicants through simultaneous announcement of
positions internally and publicly to allow recruitment of new applicants, except
where a union position must meet an internal announcement period per the
Collective Bargaining Agreement in effect. The posting shall state the details and
qualifications applicable to the position.
406 JOB ANNOUNCEMENTS AND PUBLICITY
In order to attract candidates for vacancies, the Borough Manager will i ssue job
announcements which will be posted on the Borough bulletin boards and through the
media including, but not limited to, the local newspaper. Job announcements shall
be clear and readable. They shall include job title, salary range, job qualification
requirements, and examination information (including the time, place and manner of
completing applications, and other pertinent information).
407 QUALIFICATIONS FOR APPOINTMENT
Employees shall meet the requirements for the respective positions as spelled out in
the job descriptions. The final determination of whether or not the applicant meets
the requirements of a respective position shall be made by the Borough Manager or
his designee. If two candidates are equally qualified for a position in the judgement
of the supervisor, seniority will prevail. Preference will be given first to Kodiak
Island Borough residents, then to Alaska residents and then to outside applicants.
No preference shall be given in the employment of personnel to persons who are
related to any employee of the Borough. The hiring of any relatives of Borough
Assembly members and the Borough Mayor is prohibited.
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408 SELECTION PROCESS
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410
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The applicable supervisor assisted by the Borough Manager’s designated Human
Resources representative personnel assistant and union Shop Steward, if applicable,
will evaluate all written applications on a numerical basis on a form (drawn from the
position description) provided by the Human Resources personnel office. Based on
this evaluation, two (2) or more candidates will be selected for interviews.
Interviews will be conducted by the supervisor with the personnel assistant Human
Resources representative and union Shop Steward, if applicable, in attendance.
unless the interviews are not held in Kodiak. If two or more final candidates are
located off-island, the normal policy will be that the supervisor will travel to a
location where all interviews can be conducted as effectively as possible. The oral
This interview will be conducted with a numerical evaluation on a second form
(drawn from the position description) and provided by the Human Resources
personnel office. In addition, a written examination or demonstration may be
required if appropriate. Upon completion of all interviews, the supervisor and/or
department director will make a final selection.
ENTRANCE WAGE RATE
The start pay rate for the applicable job classification will be the minimum rate of
pay for new employees. The department head director, subject to managerial the
Borough Manager’s approval, may place a new employee above the start rate, when
such placement is a result of the new employee's directly applicable work experience
and credentials. Assembly approval is required for any starting placement above
Step C D.
SHIFT DIFFERENTIALS
An employee who is assigned to a swing shift (defined as any eight (8) consecutive
hours (excluding lunch) beginning between 4:00 p.m. to midnight) shall receive four
(4) percent premium pay in addition to his/her regular salary for the period served on
swing shift for any day worked as a swing shift. An employee who is assigned to a
graveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six
(6) percent premium pay in addition to his/her regular salary for the period served on
graveyard shift for any day worked as a graveyard shift.
If an employee is assigned to work a swing shift or graveyard shift on a regular
basis, then sick leave, Holiday pay and annual leave will be paid at the relevant
differential percentage. If an employee sporadically works a swing shift as well as
normal shifts, then sick leave and annual leave will be paid at the employee's regular
salary.
An employee shall not be required to begin any shift change without a minimum of
an eight (8) hour break between the end of their regular shift and the beginning of
their new shift. The employee shall be notified of this shift change at least twenty-
four (24) hours prior to the beginning of said shift or be paid the applicable overtime
rate for all hours worked on the first day of the new shift.
STEP INCREASES
All new regular employees after serving a six-month probationary period of overall
satisfactory performance, as indicated on the Kodiak Island Borough Performance
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Evaluation Report form, shall receive a step increase (see sample forms in Appendix
B - Forms Section).
Each employee is eligible, if overall performance is satisfactory, for an annual step
increase on each anniversary date when 1560 hours or more of work have been
accumulated. Step increases occur in the manner above in accordance with the
respective wage schedule for each position as set forth in Appendix A.
In the event the department head director determines by the evaluation that an
employee has not satisfactorily performed the job, the department head director may
suspend the employee's step increase for a period of time during whi ch certain
specific improvements must be made. Notice of such step increase deferral and the
reasons for it shall be given to the employee in writing with a copy to the Borough
Manager. When the department head director has determined that the employee has
achieved satisfactory improvement, the suspended step increase may be approved at
any time during the extended period. The suspended step increase will not be
retroactive to the employee's anniversary date. When an employee has received a
deferred step increase, he/she will be eligible for future annual increases one
calendar year from the date of his/her last step increase, provided the employee has
completed 1560 compensable hours of service.
411.1 Special Merit Increases
A Special Merit Increase (equivalent to one step) shall be granted to an employee for
outstanding performance, when justified in writing by the department head director
and subject to the approval of the Borough Manager. This increase is in addition to
normal step increases and does not affect the anniversary date. Department heads
directors may recommend employees for special merit increases in recognition of:
A. Outstanding service
B. Special acts of accomplishment
C. Significant achievements in additional and job-related education or
specialized training (outside normal working hours and other than required
by the Borough) which enabled the individual to do his/her work more
effectively and from which the Borough tends to benefit.
411.2 Longevity Pay
A regular full-time employee shall receive an additional monetary benefit based on
the length of employment with the Borough. Any break in employment longer than
thirty (30) calendar days will advance the eligibility date by the number of days in
excess of 30. Time served as a temporary employee shall not be included.
The following amounts shall be granted employees employed on or before July 7,
1983 in addition to their current pay rate excluding overtime:
A. Seven (7) years of total service - 5 percent of dollar value of employee's
current pay rate.
B. Ten (10) years of total service, an additional 5 percent of dollar value of
employee's current pay rate.
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C. Fifteen (15) years of total service, an additional 5 percent of dollar value of
employee's current pay rate.
The following amounts shall be granted employees employed after July 7, 1983 in
addition to their current pay rate excluding overtime:
A. Ten (10) years of total service, an additional 5 percent of dollar value of
employee's current pay rate.
B. Fifteen (15) years of total service, an additional 5 percent of dollar value of
employee's current pay rate.
The following amounts shall be granted employees employed after October 1, 1994:
Fifteen (15) years of total service, 5 percent of dollar value of employee's
current pay rate.
412 TEMPORARY ASSIGNMENTS
At the discretion of the Borough Manager, an employee may be assigned to some or
all of the duties created by an employee who is temporarily absent from their
position. The temporary higher rate of pay shall be at Step A of the salary range of
the temporarily absent employee; if the reassigned employee’s pay rate is already
higher than or at the same rate as Step A of the position to be filled temporarily the
reassigned employee shall be paid at the next step above his/her rate of pay at the
time the reassignment commenced. If this re-assignment is made for more than
fourteen (14) six (6) consecutive working calendar days, or ten (10) working days
within a thirty-day time frame, the employee shall be compensated at the higher rate
of pay. If the employee’s pay rate is higher than or the same as Step A of the
position to be filled temporarily, the employee shall be paid at the next higher step
above his/her current rate of pay.
a. Temporary assignments will not be utilized to avoid filling a vacancy or
newly created position. Temporary assignments are for a short-term
period, not to exceed six (6) months.
b. In the case where a bargaining unit employee is temporarily assigned to a
non-bargaining unit position, the employee will still be considered a non-
exempt employee and shall be paid for any applicable overtime at the
higher rate of pay while in that position.
c. If an employee is assigned to work in a higher classification for a period
of more than thirty (30) calendar days, the employee will be compensated
at the higher rate for holidays and annual leave taken while in the higher
classification.
413 EMPLOYEE TRANSFERS
Any regular Borough employee shall have the right to request and may be
considered for a voluntary transfer for a specific job. Any transfer request shall be
made in writing and delivered to the Personnel Human Resources Office. Regular
employees may be allowed to transfer or request a change of assignment prior to
filling a vacancy with a new hire. When an employee is transferred from one
position to another with a common pay range, the rate of pay shall remain the same.
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When an employee transfers from one position to another having a lower pay range,
the rate of pay shall remain the same unless it exceeds the maximum step in the new
range. If the current rate of pay exceeds the maximum step in the new range, the
rate of pay will be the maximum step in the new range. If the employee’s current
rate of pay falls within the range of the lower pay range, the pay shall remain the
same and will be placed on the proper step of the new lower pay range. The
employee's anniversary date shall change to the effective date of the transfer.
Any employee who transfers shall be given a reasonable period, not to exceed ninety
(90) calendar days, to become acquainted with the job and to demonstrate ability to
fill the job satisfactorily. The supervisor shall prepare a written performance
evaluation on day eighty (80) of the evaluation period and will review this
evaluation with the employee before day ninety (90). If during the evaluation period
the employee demonstrates unsatisfactory ability for the job, the employee shall be
returned to the employee’s former job without loss of seniority and with n o recourse
to the grievance/arbitration procedure. The employee may opt to return to the
former position within the ninety (90) calendar days. In this event, the rate of pay
and anniversary date shall return to be the same as before the transfer.
414 PROBATIONARY PERIOD
All new regular employees shall serve a six (6) month probationary period. Any
employee terminated under this provision shall have no recourse to the grievance
procedure. All benefits and seniority credits shall accrue during the probationary
period. Time served as a temporary employee shall count towards the probationary
period if the employee is subsequently hired into the same position as a regular
employee, provided there has been no break in service greater than 60 days.
415 EVALUATION
The Borough and employees endorse written evaluation of all employees by
supervisors for the purpose of evaluating the employees' strengths and weaknesses
in their job performance. The written evaluation shall include a rating and comment
on each of the position duties described in the job description and the completion of
the Kodiak Island Borough Performance Evaluation Report (see sample forms in
Appendix B - Forms Section). The overall rating on the form shall be determined by
the rater as the best judgment of the overall performance of the individual. This
rating is not a numerical average of the individual factors.
Each employee shall be evaluated at least once per year a minimum of thirty (30)
days prior to their anniversary date. If any employee’s evaluation is not timely
prepared, the employee’s performance shall be considered satisfactory.
In the event an employee receives an unsatisfactory rating in any category of their
evaluation, a personal conference will be held with the employee by the appropriate
supervisor, in which his/her problems and suggestions for eliminating these
problems are discussed. A written plan of improvement shall be implemented
addressing the specific areas that resulted in the unsatisfactory evaluation giving
specific instructions for improvement and date the employee will next be evaluated
for improvement. Detailed written records of all such conferences will be
maintained. The supervisor shall re-evaluate the employee in writing when the
improvements have been made but in no event later than sixty (60) calendar days
following the unsatisfactory rating. A supervisor who has given his/her notice of
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termination of employment shall be required to provide current evaluations, prior to
termination, on all employees not evaluated within the last thirty (30) days six (6)
months.
416 PROMOTION
All other things being equal, it shall be the policy of the Kodiak Island Borough to
promote from within the ranks of the Borough employees. If two applicants are
equally qualified, the Borough will select the most senior. When an employee is
promoted from one position to another having a higher pay range, the employee
shall receive an increase of one pay step, or the minimum rate of the higher pay
range, whichever is greater. If the employee's current rate of pay falls within the
range of the higher pay range, the pay shall be adjusted to the next higher pay step in
the new position's range in order to be equal to a one step increase above the current
pay rate. The employee's anniversary date shall change to the effective date of
promotion. The employee shall be eligible for a one step pay increase after
completing six months of overall satisfactory performance.
Any employee who is promoted shall be given a reasonable period, not to exceed
ninety (90) calendar days, to become acquainted with the job and to demonstrate
ability to fill the job satisfactorily. The supervisor shall prepare a written
performance evaluation on day eighty (80) of the evaluation period and will review
this evaluation with the employee before day ninety (90) (see sample Forms in
Appendix B - Forms Section). If during the evaluation period the employee
demonstrates unsatisfactory ability for the job, the employee shall be returned to the
employee's former job without loss of seniority and with no recourse to the
grievance/arbitration procedure. The employee may opt to return to the former
position within the ninety (90) calendar days. In this event, the rate of pay and
anniversary date shall return to be the same as before the promotion.
417 DEMOTION
An employee may be demoted for any of the following reasons:
A. Inability to perform duties adequately.
B. Layoff because of lack of work or funds. When employees are laid off, they
may apply for any available position for which they are qualified.
C. Personal reasons. An employee may apply for a position with less
responsibility and less pay at any time if they choose to do so.
When an employee is demoted from one position to another having a lower pay
range, the rate of pay shall remain the same unless it exceeds the maximum step in
the new range. If the current rate of pay exceeds the maximum step in the new
range, the rate of pay will be the maximum step in the new range. If the employee’s
current rate of pay falls within the range of the lower pay range, the pay shall remain
the same and will be placed on the proper step of the new lower pay range. The
employee’s anniversary date shall change to the effective date of the demotion.
A demoted employee shall receive a written performance evaluation after six (6)
months of service in the new position. No step increase will be available until the
first anniversary evaluation is completed for the new position.
418 OFF DUTY/CALL OUT PAY
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When an off-duty employee is required to report for duty, the employee shall receive
overtime pay for all time worked portal to portal during such call out. Such
employees shall receive a minimum of one (1) hour’s pay or will be paid for actual
time worked, whichever is greater.
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CHAPTER 5
SEPARATIONS
Section
501 RESIGNATIONS
To resign in good standing, an employee must give written notice to his department
head director at least fourteen (14) calendar days before the termination date, except
for those positions that require a thirty (30) calendar day notice of termination. This
requirement may be waived by department heads directors when adequate
provisions can be made in a shorter period of time, or extenuating circumstances
exist. The department head director shall furnish a copy of the resignation
(recognized by the signature of the department head director) to the Borough
Manager’s Office, the employee for his records, and to the employee's personnel
file. The resignation shall include the reason for leaving Borough service. Failure
to comply with the aforementioned requirements may be cause for rejection of
rehire. Upon approval of the appointing authority, an employee may withdraw
his/her resignation prior to the termination date so long as a commitment has not
been made to fill the position. Exempt personnel are required to give written notice
to their appointing authority at least thirty (30) calendar days before the termination
date.
502 LAYOFF
When a reduction in force is necessary, the department heads directors affected
shall make a thorough report and recommendation to the Borough Manager, who
shall be responsible for the final selection of those employees to be released.
Employee efficiency and performance with Borough service shall be the major
factors in determining the layoff selection in each classification. Demoting
employees in higher classes to lower classes for which they are qualified and laying
off those in lower classes may be considered by the Borough Manager and offered
to the employees as an option.
The Borough Manager is authorized to lay off employees if:
a. The position has been abolished.
b. There are insufficient funds.
c. There is not sufficient work available to warrant the continuation of
employment.
If a layoff is pending, the Borough Manager shall provide the employee a written
notice indicating layoff at least four (4) weeks in advance of the layoff.
If for any of the above reasons, an employee has a loss of employment with the
Borough, the Borough Manager will make every effort to place the employee in
another available job vacancy within the Borough for which he/she is qualified, as
determined by the Manager.
Whenever possible, layoff will be accomplished through normal attrition. Further,
the Borough may attempt to lessen the impact and extent of a layoff through
transfers, encouragement of unpaid leaves, early retirement or by any other means
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deemed appropriate by the Borough Manager and the Borough Assembly. Should
a layoff be determined necessary by the Borough for any reason, the following
procedure will apply:
a. Layoffs shall occur within job classification.
b. All layoffs will be based upon Borough seniority (least senior
employee first laid off) within the specific job classifications by
department.
c. Voluntary employee job share may be utilized as an alternative to
layoff upon approval of the affected employees. Laid off employees
may apply for any available positions within the Borough for which
they are qualified and will be given priority.
503 TERMINATION
The Borough Manager is authorized to terminate employment of personnel for
cause. Termination here is defined as a termination of employment for reasons of
unsatisfactory performance of duties.
Following are reasons which constitute grounds for termination of employees of
the Kodiak Island Borough. The samples provided are not to be interpreted as
inclusive.
No regular employee will be terminated for any of the following basic reasons
unless a recent evaluation has pointed out the deficiency and reasonable time
allowed, and appropriate assistance provided to affect a remedy.
a. Incompetence
1) Inability to perform the essential functions of the job as outlined in
the job description.
2) Inability to understand and/or follow instructions.
3) Continual difficulty in learning and implementing new methods and
procedures related to assigned duties.
b. Unsatisfactory Performance of Duties
1) Slovenly work.
2) Flagrant damage to tools or equipment used.
3) Failure to produce an acceptable amount of work in relation to
fellow employees in like positions.
c. Unexcused Absenteeism
1) Absent from work without prior approval and notice.
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2) Abuse of sick leave.
3) Arriving late for work or leaving early from work on a continuing
basis.
The following reasons are cause for immediate termination:
a. Substance Abuse on the Job
1) Reporting to work under the influence of alcohol, marijuana, and/or
illegal drugs as determined by a recognized testing procedure.
2) Use or possession of narcotic or hallucinogenic drugs unless
prescribed by a physician.
3) Use of alcoholic beverages or marijuana products on the job.
b. Dishonesty
1) Lying concerning work performance.
2) Being convicted of a felony or misdemeanor which would
reasonably cause the Borough to be concerned about the employee's
judgment on the job.
3) Taking of Borough property or money or converting to an
employee's use.
4) Falsification of time records or approval of time records known to
be wrong.
5) Falsification of information on a Borough application form.
c. Gross Disobedience
1) Failure to follow supervisor's orders without reasonable explanation
of actions.
2) Refusal to obey rules and regulations of the Borough.
3) Acts of moral turpitude.
4) Deliberate injury to another person.
5) Violating confidentiality; Unauthorized release of confidential
information.
6) Sexual Harassment of another employee.
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d. Abandonment of Duties
1) Absenting oneself without approval or authority and failure to
promptly notify employer of supportable reasons thereof.
All notices of termination will be in writing, with proper notice to the individual
and the reasons for termination will be clearly stated.
504 DISMISSAL NOTICE AND SEVERANCE PAY
Employees subject to force reduction layoff or dismissed without prejudice shall be
given four (4) weeks’ notice and severance pay as follows:
1 - 5 years employment 10 working days
5+ years employment 15 working days
Over 5 years – 10 years employment 15 working days
Over 10 years – 20 years employment 20 working days
Over 20 years employment 25 working days
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CHAPTER 6
WORK SCHEDULE & OVERTIME
Section
601 HOURS OF WORK
Regular working hours of Borough employees shall consist of a five (5) day
week, eight (8) consecutive working hours a day, forty (40) hours a week.
Normal working hours will be from 8:00 a.m. to 5:00 p.m. and will include one
(1) hour for lunch to be taken between the hours of 11:00 a.m. and 2:00 p.m. or by
arrangement with the department director. The standard work week shall consist
of the period from Sunday to Saturday (i.e. 12:01 a.m. Sunday to the following
midnight Saturday). The standard workday shall consist of the period from 12:01
a.m. to midnight. Different schedules to meet department operating needs shall
may be established and altered by department heads directors with approval of the
Borough Manager. Temporary shifting of employees' working hours to meet
routine needs shall be done as necessary and approved by the department head
director.
602 TEN HOUR WORKDAY
By mutual agreement of the department head director and the employee involved,
a four (4) day work week may be established consisting of four (4) ten hour shifts
at the employee's straight time rate of pay. The employee may opt out of this
work schedule by giving a thirty (30) calendar days notice to the department head
director. This decision may require all employees involved to revert to a five (5)
day work week in order to properly staff the office to deal with the public. All
employees who are working a four (4) day work week shall revert to a five (5)
day work week during any week requiring an eight-hour day (i.e. training) or in
which a holiday listed in this manual is scheduled. However, an employee may
request, subject to approval of his/her supervisor, to take two (2) hours annual
leave for any scheduled eight-hour workday or holiday listed in this manual (to
balance out the remainder of the workday) and therefore remain on the four (4)
day work week schedule, provided the business needs of the Borough and the
public are met.
603 REST PERIODS
A fifteen (15) minute rest break shall be allowed mid-morning and mid-afternoon.
Such breaks must be staggered to keep all offices adequately staffed to deal with
the public at all times. Break schedules must be approved by the appropriate
supervisor.
When working other than the normal shift, a fifteen (15) minute rest break shall
be allowed during any work period of at least four (4) hours duration.
604 STAGGERED LUNCH PERIODS
Lunch hours may be staggered to meet the needs of service. Lunch schedules
must be approved by the appropriate supervisor and shall be between the hours of
11:00 a.m. and 2:00 p.m., or by arrangement with the department director.
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605 EXEMPT AND NON-EXEMPT EMPLOYEES
Department heads directors and Mental Health Center Clinicians, Community
Support Program Director and Clinical Program Director are salaried employees
and are therefore exempt from overtime payment in accordance with the Fair
Labor Standards Act Executive, Administrative and Professional exemption tests.
All other employees are considered hourly (non-exempt) employees and are
eligible for overtime payment.
606 OVERTIME
Employees not serving in executive, administrative or professional positions, as
defined by the Fair Labor Standards Act (FLSA), and as defined as exempt
positions in the Kodiak Island Borough Code, are eligible to receive overtime
compensation. Overtime entitlements shall be earned in accordance with the
FLSA unless otherwise provided in this manual.
Overtime shall be scheduled as fairly and equally as practicable among
employees, based first on qualifications to perform work and secondly on
seniority. All overtime must be authorized by the applicable department head
director prior to its performance (see sample overtime form in Appendix B -
Forms Section).
When an employee is assigned to eight (8) hour workdays, all authorized
overtime shall be compensated at one and one-half (1.5) times the employee's
applicable rate of pay for all time worked in excess of eight (8) hours in a
workday. Overtime will be calculated on one-quarter (.25) hour intervals. Any
quarter of an hour (fifteen (15) minutes) or portion thereof worked, should be
reported on the timecard as one-quarter (.25) hour and paid accordingly (e.g.,
fifteen (15) minutes is reported as one-quarter (.25) hour and sixteen (16) minutes
is reported as one-half (.5) hour).
When an employee is assigned to ten (10) hour workdays, all authorized overtime
shall be compensated at one and one-half (1.5) times the employee's applicable
rate of pay for all time worked in excess of ten (10) hours in a workday.
All time worked in excess of forty (40) hours in a work week, shall be
compensated at one and one-half (1.5) times the employee's applicable rate of
pay.
The work week shall be considered to be the period from 12:01 a.m. Sunday to
the following midnight Saturday.
607 OVERTIME ON HOLIDAYS
Overtime hours worked on a recognized Borough holiday shall be paid at double
time for all hours worked in addition to the regular holiday pay.
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Employees will be notified by their normal quitting time of the preceding day of
any scheduled overtime work.
608 FLEXIBLE SCHEDULING OF WORK HOURS
Supervisors are permitted to put their employees on flexible schedules so long as
neither service to the public nor normal office hours are reduced, and so long as
the employees volunteer in writing for flexible scheduling. Flexible scheduli ng is
intended as an employee benefit; therefore, only employees who volunteer in
writing to their supervisor for the flexible hours should be scheduled that way.
Hours or work scheduled outside the standard work week are to be avoided.
Flextime is the scheduling of an employee to work eight (8) hours per day
between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the
employee’s supervisor or the Borough Manager’s Office. Approval of flexible
scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under
extenuating circumstances and must be mutually acceptable to the emp loyer and
the Union, if applicable.
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CHAPTER 7
LEAVE
Section
701 ANNUAL LEAVE ENTITLEMENT (on a calendar year basis)
Leave with pay shall accrue to all full-time regular employees at the following
rates based upon twenty-four six (24 26) annual pay periods of eighty (80) hours
per pay period. On those months with three (3) pay periods, no leave will be
accrued on the third pay period. In other words, there are a total of twenty-six
(26) pay periods in a year, leave accrual will be based on twenty-four (24) of
those pay periods.
Length of Service Earned Monthly Annual Total
0 through 2 years 1-1/2 days 18 days
(6 hours per
pay period)
Over 2 year but
less than 5 years 1-3/4 days 21 days
(7 hours per
pay period)
Over 5 years but
less than 8 years 2 days 24 days
(8 hours per
pay period)
Over 8 years but
less than 10 years 2-1/4 days 27 days
(9 hours per
pay period)
10 years and over 2-1/2 days 30 days
(10 hours per
pay period)
For regular part-time employees working less than thirty (30) hours a week and
regular full-time employees working thirty plus (30+) hours but less than forty
(40) hours a week, annual leave accrual will be prorated based upon normally
scheduled hours per pay period.
702 ANNUAL LEAVE - GENERAL
Annual leave may be used for vacations, personal business, and periods of illness.
Leave for periods of time not exceeding three (3) working days shall be scheduled
at least 24 hours in advance. Vacation leave exceeding three (3) working days
shall be requested at least two (2) weeks in advance (see sample using a Leave
Request Form in Appendix B - Forms Section Vacation leave will be charged to
annual leave. If annual leave is insufficient, leave will be charged to leave without
pay if approved by the Borough Manager.
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Supervisors are responsible for permitting employees to utilize all leave earned in
any calendar year. Supervisors and employees must schedule such leave usage in
advance so as not to unduly conflict with or severely restrict the normal work
requirements of their respective department. In the event two employees submit
leave requests on the same day and for the same period of time, the most senior
employee will be granted his/her leave request if both employees cannot be
spared, unless unusual circumstances dictate otherwise.
Employees shall not be eligible to utilize annual leave during the probationary
period. Upon successful completion of the probationary period, the employee will
be credited with nine (9) days of accrued annual leave time. Employees who do
not complete the probationary period or who are not retained beyond the
probationary period shall not be credited and paid for their accrued leave for their
period of employment. Employees who, for good and sufficient cause, must be
absent during the probationary period shall be considered in a leave without pay
status, if approved by the Borough Manager. Any new employee hired between
the first (1st) and the fifteenth (15th) days of the month, inclusive, shall be
considered to have worked the full month for leave purposes; and any employee
hired after the fifteenth (15th) day of the month shall be credited with leave for
half a month.
Leave can be accrued from year to year with a maximum accrual limit of s eventy-
five (75) working days. Leave continues to accrue during the period of time an
employee is on paid leave. A recognized holiday occurring during an employee's
leave period shall not be counted as a day of leave.
703 CASH-IN OF ANNUAL LEAVE
An employee upon written request shall be permitted to cash in up to eighty (80)
hours of his/her annual leave in excess of eighty (80) hours. Such cash out shall
be permitted once in a calendar year. In the event of a serious emergency an
employee may cash out any accrued annual leave in excess of eighty (80) hours.
Any cash-in of annual leave must be approved by the Borough Manager utilizing
a Cash-in of Annual Leave form. Examples of events may be, but are not limited
to, unexpected replacement or repairs to home systems such as roofs, heaters,
foundation, plumbing and other systems; damage to, or repair of automobiles;
illness or injury to the employee or immediate family member per FMLA; and
other unexpected events. Employee is aware that justification to the Borough
Manager regarding the unexpected nature of the event may be required. (see
sample Cash-in of Annual Leave form in Appendix B - Forms Section).
704 PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Upon separation of a regular employee, accrued annual leave shall be
compensated for in a lump sum at the present earnings rate of the employee
within three (3) working days pursuant to AS 23.05.140 (b), as the provision may
be amended from time to time.
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705 MANDATORY LEAVE
All employees must utilize a minimum of ten (10) days annual leave per annum.
Excess annual leave (over seventy-five (75) working days) will automatically be
transferred into the sick leave account at the end of the calendar year.
706 DONATION OF LEAVE
Employees may donate hours of annual leave in excess of eighty (80) hours to a
fellow employee who has suffered or is suffering a serious personal emergency or
disaster such as lingering or terminal illness of the employee or of a member of
the employees' family, or the loss of home and belongings due to fire or natural
disaster. Leave donations must be requested in writing and be approved by the
Borough Manager. Donations will reflect as a reduction in annual leave hours to
the Donor and an increase of the same number of annual leave hours to the
Donee.
707 SICK LEAVE
Each full-time regular employee shall accrue sick leave from the date of
employment at the rate of one and one-quarter (1-1/4) days per month (five (5)
hours per pay period based upon twenty-four (24) annual pay periods of eighty
(80) hours per pay period) fifteen (15) days per calendar year pro-rated by twenty-
six (26) pay periods of eighty (80) hours each, regardless of length of service. For
regular part-time employees working less than thirty (30) hours a week and
regular full-time employees working thirty plus (30+) hours but less than forty
(40) hours a week, sick leave accrual will be prorated based upon regularly
scheduled hours per pay period.
Sick leave is available for use by the employee or if the employee's dependent
child, as defined within the Family and Medical Leave Act (see section 708
definitions), or spouse is sick and requires the physical presence of the employee
in the interest of family welfare. Employees not able to work due to illness shall
notify their supervisor within two (2) hours of prior to the scheduled reporting
time. When sick leave exceeds three (3) consecutive workdays a statement from a
licensed health care practitioner may be required to substantiate the leave taken.
If sick leave is not sufficient to cover an absence due to illness, leave shall be
charged to annual leave, then to leave without pay.
Accrued sick leave may be used during the probationary period. Excess annual
leave (over seventy-five (75) working days) will automatically be transferred into
the sick leave account at the end of every calendar year. Sick leave slips should be
turned in within three (3) working days after the leave has been taken (see sample
Leave Request Form in Appendix B - Forms Section).
No cash payment will be made to an employee for unused sick leave when the
employee terminates from Borough service.
708 FAMILY/MEDICAL LEAVE
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The Family and Medical Leave Act (FMLA) provides certain employees with up
to 12 weeks job-protected leave per year. It also requires that their group health
benefits be maintained during the leave.
Eligibility - Employees are eligible to use family leave for the purposes outlined
above if they have been employed at least thirty-five (35) hours a week for six (6)
consecutive months or seventeen and one-half (17.5) hours a week for twelve (12)
consecutive months immediately preceding the leave and worked 1,250 hours of
service. (see sample Family/Medical Leave Form in Appendix B - Forms
Section).
An employee is entitled to the benefits guaranteed under the provisions of the
federal Family and Medical Leave Act (FMLA) and the state law provisions (AS
39.20.500-550), as they may be amended from time to time, and the following
paragraphs shall apply unless in conflict with those provisions of law.
In compliance with the state and federal Family and Medical Leave acts
(including any amendments) family leave (sick leave) may be utilized by eligible
employees for a serious health condition of the employee, their child, spouse or
parent. Up to twenty-four (24) weeks in any twenty-four (24) month period may
be utilized for this purpose with a maximum of eighteen (18) weeks allowed in
any twelve (12) month period (i.e., an employee who opts to take eighteen (18)
weeks in the first twelve (12) months would then have six (6) weeks remaining to
take in the following twelve (12) months).
The Family and Medical Leave Acts also allows for family leave to be utilized by
eligible employees for pregnancy and birth of a child of the employee, or the
placement of a child, other than the employee's stepchild, with the employee for
adoption. The right to take leave for this reason expires on the date one year after
the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12)
month period may be taken for this purpose. The twelve (12) month period will be
calculated from the day the employee first utilizes family/medical leave.
All family/medical leave will first be charged to sick leave, then to annual leave
and then to leave without pay. Employees may choose to retain a balance of five
(5) days paid leave before switching to leave without pay. Leave without pay
provisions as outlined in this document will apply.
The following parental leave policy applies to those employees having worked ten
(10) months preceding parental leave:
Kodiak Island Borough Parental leave: An employee who has been employed
for not less than ten (10) twelve (12) consecutive months is entitled to take a total
of six (6) months leave of absence immediately preceding and following
childbirth or adoption. This leave is concurrent with and extends the benefits of
the FMLA.
The employee requesting parental leave may receive cash payment in lieu of up to
ten (10) days accumulated annual leave. A request for this payment must be made
at least thirty (30) calendar days in advance. The employee who desires to resume
employment following parental leave shall submit a request for leave at least
thirty (30) calendar days prior to any parental leave, unless extenuating medical
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circumstances prevent such notice. The employee shall be reinstated with no loss
of time in service.
Employee Notice - If the necessity for leave is foreseeable based on an expected
birth or adoption or planned medical treatment or supervision, the employee shall
provide the Borough with at least thirty (30) calendar days notice prior to the
expected need for leave wherever possible. Where thirty (30) calendar days notice
is not possible, the employee is required to provide such notice as is practicable.
The employee shall also make a reasonable effort to schedule treatment or
supervision so as not to disrupt unduly the operations of the Borough, subject to
the approval of the employee's health care provider (see sample Family/Medical
Leave Form in Appendix B - Forms Section).
Group Health Coverage - During the time that an employee is on leave under
the Act, the Borough will maintain coverage under the group health plan at the
level and under the conditions that coverage would have been provided if the
employee had been employed continuously from the date the leave began to the
date the employee returns from leave. Employees who pay premiums for health
insurance coverage by paycheck deduction will still be responsible for those
premiums while on leave without pay. The Borough's obligation to maintain
health insurance coverage will cease if an employee's premium is thirty (30)
calendar days late. The Borough may recover the costs for maintaining health
insurance coverage for an employee on unpaid leave if the employee fails to
return from the entitled leave period for a reason other than the recurrence or
continuation of a serious health condition or other circumstances beyond the
control of the employee.
Certification - The family/medical leave act contains a provision allowing
employers to verify the existence of a "serious health condition" before granting
an employee's leave request. Employees requesting leave because of a serious
health condition may be required to produce a "certification" from the treating
licensed health care provider of the patient. The Borough may also, at its own
expense, require a second opinion to ascertain the validity of the certification
provided by the treating licensed health care provider.
Return to Work – The Borough Manager, at its his/her discretion, may require a
certificate from an attending physician that the employee who has taken family
medical leave is able to return to work.
Employee's Rights Upon Return from Leave - Unless the Borough's business
circumstances have changed to make it impossible or unreasonable, when an
employee returns from leave mentioned above, the Borough shall restore the
employee to the position of employment held by the employee when the leave
began; or to a substantially similar position with substantially similar benefits,
pay, and other terms and conditions of employment.
Definitions - "parent" means a biological or adoptive parent, a parent-in-law, or a
stepparent.
"child" includes the employee's biological, adopted, or foster child,
stepchild, or legal ward who is under 18 years of age; or 18 years of
age or older and incapable of self-care because of mental or physical
disability.
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"serious health condition" means an illness, injury, impairment, or
physical or mental condition that involves inpatient care in a hospital,
hospice, or residential health care facility; or continuing treatment or
continuing supervision by a health care provider.
709 LEAVE WITHOUT PAY
Leave-without-pay, if approved by the Borough Manager, may be granted to an
employee not to exceed thirty (30) days (see sample Leave Request Form in
Appendix B - Forms Section). Annual and sick leave do not accrue when the
employee is in a leave-without-pay status longer than ten (10) working days.
Employees who are in a leave-without-pay status longer than ten (10) working
days will also not be eligible for holiday pay. Under the Public Employees
Retirement System (PERS), leave-without-pay exceeding ten (10) working days is
not creditable service. Employees in leave-without-pay status for more than ten
(10) working days for a reason other than Family/Medical Leave, will be
responsible for paying that portion of the health insurance premium for the leave
taken beyond ten (10) working days. Exempt employees in leave-without-pay
status will not have any reduction in pay for absences of less than a full day (e ight
hours) of leave-without-pay in recognition of the fact that exempt employees are
not eligible for overtime pay.
710 EDUCATIONAL LEAVE WITHOUT PAY
Educational leave without pay may be granted for educational purposes directly
related to employment with a specific benefit to the Kodiak Island Borough.
Approval will be contingent upon the work schedule allowing the time to be taken
without a disruption to Borough business. If approved by the Borough Manager,
this leave may be granted to an employee not to exceed one-hundred-twenty (120)
calendar days. Annual and sick leave do not accrue when the employee is in an
educational leave without pay status longer than ten (10) working days.
Employees who are in an educational leave without pay status will not be eligible
for holiday pay during the period they are on educational leave without pay status.
711 HOLIDAY LEAVE
The following holidays shall be recognized by the Borough:
New Years Day 1 January
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Seward's Day Last Monday in March
Memorial Day Last Monday in May
Juneteenth 19 June
Independence Day 4 July
Labor Day 1st Monday in September
Veteran's Day 11 November
Thanksgiving Day 4th Thursday in November
Thanksgiving Friday Day after Thanksgiving
Christmas Day 25 December
Employee's Birthday To be taken anytime during the
Birthday month (see sample Leave
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Request Form in Appendix B -
Forms Section) An employee’s
birthday shall be observed on a
workday mutually agreed to by the
employee and the Employer within
three months prior or three months
after their actual birthday.
Employees who ask to celebrate their
birthday holiday during the month in
which it falls will not be
unreasonably denied.
In addition to Borough recognized holidays, every day designated by public
proclamation by the President of the United States or the Governor of Alaska as a
legal holiday shall also be observed as a holiday for Borough employees. (Alaska
Day was traded for Thanksgiving Friday and Lincoln's Birthday was traded for
Employee's Birthday by negotiation.) In the event of a recognized holiday falling
on Saturday, the preceding Friday shall be observed. In the event of a recognized
holiday falling on Sunday, the following Monday shall be observed. All
employees shall be excused from work on recognized holidays and special
holidays, except where the activities of the Borough require that regular or
emergency work be performed. In the event that holiday work is required, the
rate of pay for employees working on holidays shall be at doubletime for all hours
worked in addition to the regular holiday pay. Temporary employees are not
eligible for holiday pay.
A supervisor with employees whose normal work week is outside the work week
of Monday through Friday may change the holiday work schedule in order to
meet the needs of the public, with the approval of the department director.
712 BEREAVEMENT LEAVE
Accrued sick leave or, at the employee's option, annual leave or leave without pay
if approved by the Borough Manager, not to exceed five (5) days may be used by
an employee upon the death of a member of the employee's or their spouse's or
their same-sex domestic partner’s immediate family (provided that the State of
Alaska’s Political Subdivision Health Plan Same-Sex Partner Affidavit is
completed and on record with the Borough) (see sample Leave Request Form in
Appendix B - Forms Section). Immediate family is defined as spouse, siblings,
son, daughter, parents, stepparents, stepsiblings, father-in-law, mother-in-law,
brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and
grandchildren. Up to three (3) additional days of sick leave, annual leave, or
leave without pay may be granted to accommodate required travel.
713 WORKERS' COMPENSATION LEAVE
During periods of on-the-job injury recuperation, the employee shall be eligible
for Workers' Compensation Benefits and will be placed on Worker's
Compensation Leave. All fringe benefits will continue to accrue while in this
status.
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It is the intent of this policy that the employee's take home pay for a period not to
exceed ten (10) weeks will remain the same throughout the recuperation period as
his/her regular take home pay prior to the injury. Sick and annual leave will be
used as follows:
1. The first three (3) days should be sick leave or upon employee request,
annual leave, or leave without pay if no other leave is available (see
sample using a Leave Request Form in Appendix B - Forms Section). For
a new regular employee on probation status who has not accumulated a
combined total of three (3) days of sick and annual leave, the three (3)
days will be charged first to sick leave, then annual leave and finally the
salary line item for the employee.
2. For the remaining days, until the end of ten (10) weeks measured from the
date of initial leave taken, an amount equal to the difference between the
employee's take home pay prior to the injury and the amount received
from Worker's Compensation will be paid to the employee by the Borough
and charged to the salary line item for the employee.
If the absence exceeds twenty-eight (28) calendar days and Worker's
Compensation then picks up the original three (3) days of paid leave the employee
must repay the Borough for the three days pay. The Borough will then credit the
employee's records for deductions as a result of an on-the-job injury. The credit
will be applied first to the salary line item, and then to sick leave.
An employee can remain on Worker's Compensation Leave for up to six (6)
months or until determined to be permanently or totally disabled or permanently
partially disabled and unable to return to work, whichever comes first. The
Borough will not, however, supplement any Worker's Compensation benefits
provided for by its compensation insurance carrier for any settlements of
industrial accident claims. When any such settlement is made, disability shall be
presumed to terminate on the date of such settlement.
714 COURT DUTY
Court duty, including jury service, shall be treated as administrative leave from
Borough duty without loss of longevity, leave, or pay. Service in court when
subpoenaed as a witness on behalf of the Borough, or when called as an expert on
a matter of Borough concern, or relating to a Borough function, or the employee's
job performance will be considered administrative leave (see sample Leave
Request Form in Appendix B - Forms Section). Fees paid by the court (other than
travel and subsistence allowance) will be turned in for deposit to the Borough
except that fees paid for court duty that occurs on the employee's normal non-
workdays may be retained by the employee. Witness service for personal
purposes will be covered by annual leave, or leave without pay, and any fees
received in this connection may be retained by the individual. Employees, upon
receiving written notice of being called for jury duty, will immediately provide
their supervisor with a copy of such notice. In the event an employee is called for
court duty in Kodiak, when excused, he or she shall return to work within a
reasonable time, not to exceed one hour. If the employee is serving court duty
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outside the city of Kodiak, he or she shall return to work within one hour upon
returning to Kodiak.
715 MILITARY LEAVE
Employees who are called up for active duty in a branch of the U.S. Armed
Forces or who are members of a U.S. Military Reserve component shall be
entitled to leave and re-employment benefits as prescribed by state and federal
laws.
Absence from Borough 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
two weeks of the military active duty or training period. The Borough Manager
will be provided with a copy of the individual's orders to duty. The absence will
be recorded, during the first ten (10) working days, as administrative leave
without charge to the employee's leave account (see sample Leave Request Form
in Appendix B - Forms Section). Military pay paid to the employee for this
period of time (equivalent to eighty (80) hours of work) will be turned over to the
Borough.
716 UNAUTHORIZED LEAVE
Any absence not authorized and approved in accordance with the provisions of
these regulations may be grounds for disciplinary action up to and including
termination; provided, however, that any employee who has verified that they
were unable to return to duty due to weather and/or an emergency shall not be
subject to disciplinary action under this section.
717 SICK LEAVE BANK
All Kodiak Island Borough regular employees are eligible to participate in a Sick
Leave Bank. The Sick Leave Bank shall be administered by the Borough
Manager. It is the Manager’s responsibility to approve or deny requests for Sick
Leave Bank usage (see sample Sick Leave Bank Request Form in Appendix B -
Forms Section). In the case of denial, the request for Sick Leave Bank usage may
be appealed to the Personnel Advisory Board. The Personnel Advisory Board’s
decisions regarding Sick Leave Bank usage will be final.
Each employee enrolling in the Bank will donate one (1) day of his/her sick leave
to the Bank each year, until the Bank is built up to a maximum of three hundred
(300) days (see sample Sick Leave Bank Authorization Form in Appendix B -
Forms Section). No more days will be added to this maximum until the Bank is
depleted to two-hundred-fifty (250) days except for new participants. The Finance
Department shall maintain an accounting of the Sick Leave Bank balance at all
times. This information will be available to any member upon request.
Contributions will be made to the Bank once a year in the month of January
according to the above limitations. The employee will be responsible for
submitting donation forms between January 1 and January 31. In the event the
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Bank becomes totally depleted during the year, each member of the Bank may
donate additional days up to a maximum donation of three (3) days per year.
An employee withdrawing from membership in the Bank will not be able to
withdraw the contributed days. An employee will not be able to withdraw days
from the Bank until all of his/her own accrued sick leave and annual leave have
been depleted. The maximum number of Sick Leave Bank days available to a
member shall be twenty-two (22) days in any calendar year. In the case of
multiple requests, if there are not enough days in the Bank to cover the requests in
full, the available days will be split evenly between the requesting employees.
Employees withdrawing Sick Leave Bank days will not be required to replace
these days except as a regular contributing member of the Bank. Employees
withdrawing Sick Leave Bank days may voluntarily contribute additional days to
the Bank.
Sick leave days can only be withdrawn from the Bank for the individual
member’s illness or injury. Normal pregnancy leave and parental leave not
associated with illness or disability under Section 707 of the Personnel Manual
are not eligible for Sick Leave Bank requests. Requests for use of Bank days will
be forwarded by the employee to the Borough Manager and must be accompanied
by a letter from the attending physician. The approval of the request shall be
subject to the attending physician’s supportive statement. Approved requests will
then be forwarded to payroll for processing. The Kodiak Island Borough leave
form shall be used as verification of sick leave donated to the Sick Leave Bank.
Qualifications for Membership in Sick Leave Bank
A. Only regular full-time or part-time employees are eligible to participate in
the Sick Leave Bank.
B. Only contributing members of the Sick Leave Bank are eligible to use the
Bank.
C. Members may use the Sick Leave Bank only after they have completed
their probationary period. Date of hire will determine eligibility. An
employee may contribute to the Bank as soon as all other requirements are
met.
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CHAPTER 8
DISCIPLINE
Section
801 DISCIPLINE
Any employee discharged or suspended for disciplinary reasons shall be
furnished, in writing, the reasons for such action.
No employee shall be disciplined or discharged without cause.
It is the intent of the Borough to utilize progressive discipline, however, the level
of discipline will depend on the actual circumstances and severity of the
Employee's misconduct.
Progressive discipline would normally be:
1. Verbal Counseling and Warning
2. Written Warning via Disciplinary Action Memo
3. Discharge
Disciplinary Action Procedure: All disciplinary actions, except verbal
counseling and warning shall be documented on a Disciplinary Action Memo to
the employee and the employee's personnel file. The employee shall be given a
chance to read the memo. It shall then be reviewed with the employee and a
sincere effort shall be made to obtain agreement with the employee that facts are
stated correctly that the inappropriate or incorrect behavior did occur, that it did
represent behavior that should be disciplined, that the discipline is appropriate and
that the behavior will not be repeated. If errors are found, the Disciplinary Action
Memo shall be rewritten and again reviewed. Comments of the employee shall be
entered under that heading. The employee shall be requested to sign the memo
and be informed that his or her signature indicates only agreement that the memo
accurately records the discussion. If the Employee refuses to sign the memo, the
statement shall be entered:
"(Employee's Name) read the contents on (date) and refused to sign."
The supervisor may, if necessary, complete reviews of the employee's progress in
correcting the cause of the original action at three, six and nine months-or any
other intervals. These reports shall be made on a standard Evaluation Report form
(see sample form in Appendix B - Forms Section). Twelve Thirty-six (36)
months from the date of the action concerned, the Borough Manager shall review
the disciplinary action and if it is determined that the problem has been resolved,
all copies of the Disciplinary Action Memo shall be returned to the affected
employee provided that a record shall be maintained that a Disciplinary Action
Memo had been filed but was removed.
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CHAPTER 9
TRAINING
Section
901 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES
The Borough shall provide, or make available, updated training to qualified
employees as required with the introduction of new equipment, technology,
and/or procedures.
902 TUITION REFUNDS
Consideration will be given toward reimbursement of 100 percent of the tuition
expense, books, and lab fees if an employee successfully completes coursework
considered to relate to the employee's present duties and to be of benefit to both
the Borough and employee involved.
Written concurrence from the department head director and the Borough Manager
shall be obtained in each case before beginning the pertinent course of study (see
sample using a Coursework Approval Form in Appendix B - Forms Section). If
the reimbursed tuition amount exceeds $300500, the employee shall sign and
abide by a Tuition Agreement (see sample Tuition Agreement in Appendix B -
Forms Section). The maximum reimbursable tuition amount is $1,5002,500 per
employee per fiscal year. The Borough shall not reimburse any employee for
tuition and/or associated costs that have or will be paid by a third party.
Upon successful completion of the course involved, the employee shall furnish
his/her department head with evidence of successful course completion (a grade
of C or better or a certificate of completion) and a receipt of the course fee. Upon
approval of the reimbursement process by the Borough Manager, the
reimbursable cost will be paid. In the event of involuntary termination, the
employee shall not be required to repay tuition.
903 SPECIAL TRAINING
Employees who attend courses or conferences or receive special schooling that is
reimbursed or paid for by the Borough (defined as any training or schooling for
which the Borough pays $2,500 or more including the cost of the training
program plus travel) will be subject to the terms of a Special Training Agreement
(see sample Special Training Agreement in Appendix B - Forms Section).
Any employee terminating employment prior to working one year after
completion of an approved special training program for which a Special Training
Agreement is required (defined as any training or schooling for which the
Borough pays $2,000 or more including cost of the training program plus travel),
unless terminated for a justifiable reason convenience of the Borough or due to
personal hardship requiring resignation will be subject to forfeiture of
accumulated leave and/or salary on a pro-rated basis in the amount at or above
$2,0002,500 of the cost of the training program plus travel. Conferences are
considered special training programs under the provisions of this section.
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When attendance at a training program is mandatory as determined by the
department head director, the employee shall be compensated at their regular rate
of pay for all scheduled training hours. In addition, the Borough shall pay for the
cost of registration, tuition, publications, transportation, and per diem, and he/she
shall be exempt from signing the Special Training Agreement.
904 TRAINING
The Kodiak Island Borough encourages training programs including government
funded programs which will provide initial and advanced training for employees.
Within budget limitations, training offered shall particularly emphasize
requirements for occupational certification, job skill enhancement, accident
prevention, employee safety and public relations.
Approval for training is subject to availability of budgeted funds and must be
approved by the Borough Manager or his designee.
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CHAPTER 10
BENEFITS
Section
1001 EMPLOYEE INSURANCE
a. The Kodiak Island Borough will provide a group health care plan with
benefits at least equal to those provided by the Group Health Care and
Life Insurance Plan for employees of the State of Alaska Political
Subdivisions program.
Move to a.1 b. All eligible employees of the Kodiak Island Borough who
enroll will pay the same percentage premium costs in order to be eligible
for this health insurance coverage.
Move to a.2 c. Coverages and costs of the Alaska Electrical Health &
Welfare Fund group health care plan are determined each year by Alaska
Electrical Trust Fund (AETF) the health care plan provider and the Kodiak
Island Borough. Each employee will be notified of the coverages and
costs each year.
Move to a.3 d. Pursuant to Section 125 of the United States Tax Code, the
Borough shall offer employees the option of participating in a group
health (Cafeteria) plan. Requirements for and benefits of participation in
the Health plan are set forth in the Borough's Section 125 Plan which may
be amended from time to time to conform to the requirements of Section
125.
The employee portion of the premium shall be contributed in accordance
with the Borough Section 125 Plan by those employees who choose to
participate under the Plan.
Combine with i and move to f. e. Employees are eligible for
participation in the health and life insurance programs if they are regular,
or non-temporary employees who have been employed for greater than
two consecutive years and have been working twenty hours or more each
week. Enrollment periods are at initial hire and after a qualifying event.
f. No employee covered by this plan will receive health insurance from more
than one Borough insurance policy.
Move to b. g. The Borough shall provide, on a non-contributory basis, a
group Life and Accidental Death and Dismemberment insurance plan for
each eligible, regular employee in the amount equal to $75,000. The
program of benefits will be as described in a Master Contract between the
Borough and insurance carrier.
h. As a participant in the Health Plan, the employee also receives at no cost
an additional $50,000 in basic life and $50,000 in Accidental Death and
Dismemberment coverage.
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Move to f. i. Eligible employee is defined as either:
1. a regular full-time employee, or
2. a regular part-time employee working at least fifteen (15) twenty
(20) hours per week.
3. a temporary employee who has been employed for greater than two
consecutive years and has been working twenty hours or more each
week.
Duplicate of a.1 j. Regular part-time employees who are eligible for, and elect
to have insurance coverage, shall pay the same premium as all other
employees.
Move to a.5 k. An employee on an approved leave of absence may elect to
pay the full premium for Borough-wide health insurance during this
period, if allowed under the group insurance contract.
Move to c. l. The Borough also provides a non-contributory Accident
Travel Insurance policy which provides $100,000 coverage to employees
who are traveling on official Borough business.
Move to a.4 m. The Borough will provide continuation of regular health
insurance benefits for employees who utilize family and medical leave and
parental leave for a period not to exceed the time limits outlined in the
state and federal Family and Medical Leave Acts and the Borough
parental leave policy. If the employee pays a premium for health coverage
for dependents, they are still responsible for payment of their portion of
the premium while on leave.
Move to d. n. The Borough will provide Worker's Compensation
coverage for all employees and volunteers firefighters of the Borough.
Move to e. o. The Borough will provide a non-contributory short and
long-term disability insurance program for each employee.
1002 RETIREMENT
Kodiak Island Borough is a member of the Alaska Public Employee's Retirement
System (PERS). Accordingly, all deductions shall be made according to the
regulations of that system. All employees will receive a copy of the PERS
booklet, and it will also be available in the payroll and Manager’s offices, and the
State of Alaska, Department of Administration, Division of Retirement and
Benefits website.
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CHAPTER 11
EMPLOYMENT PRACTICES
Section
1101 PERSONNEL RECORDS
The Borough Manager shall provide and maintain central files for records of the
personal and work history of each employee in the Borough service. No personnel
files shall be maintained elsewhere in the Borough either by the Manager or
department heads directors.
Employees shall have access to their own confidential personnel file. Access to
the personnel files by other than the Borough Manager, the employee's immediate
supervisor and department head director, the personnel and administrative assistant
Borough Manager’s designated Human Resources representative, and the director
head of a Borough department into which the employee has applied for promotion
or transfer shall not be allowed without prior approval of the Borough Manager.
Other persons shall be permitted access to personnel files only by court order or by
the written consent of the employee and upon written approval of the Borough
Manager. Additionally:
1. Employees will be allowed access to their personnel files without the
permission of their supervisors.
2. Employees will not be allowed to remove their personnel files from the
office; however, employees may request copies of documents from their
personnel files and these copies may be removed.
3. Supervisors will not be notified when employees request access to their
personnel files.
4. All copies of Disciplinary Action Memos removed from a personnel file
shall be returned directly to the affected employee.
5. No supervisory employee(s) will retain copies of Disciplinary Action
Memos removed from an employee’s personnel file.
Medical records shall be safely secured and kept separate from the employee's
personnel file. Access to these files shall be restricted to the Borough Manager,
personnel assistant the Manager’s designated Human Resources representative,
and the employee. Such records shall not be released for any reason other than a
medical emergency, in which event they may be released to a licens ed health care
practitioner, unless the employee gives written consent allowing the release of
his/her medical file.
1102 PAYROLL PROCEDURES
It is the policy of the Kodiak Island Borough to pay employees by check or by
voluntary written authorization for direct deposit (as available) on a regular basis
and in a manner so that the amount, method, and timing of such payments comply
with any applicable laws or regulations.
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Employees will normally be paid on Friday on a biweekly basis. If the regular
payday occurs on a holiday, employees will be paid on the last working day prior
to the regular payday.
Employees on each payday will receive, in addition to their check or deposit
advice, a statement showing gross pay, deductions, and net pay. Local, state,
federal and social security taxes will be deducted automatically. No other
deductions will be made unless required or allowed by law, contract, or employee
written obligation. Employees may elect to have additional voluntary deductions
taken from their pay only if they authorize the deductions in writing.
When an employee separates from the Borough any wages due shall become
payable immediately and shall be paid within three (3) working days following
separation pursuant to AS 23.05.140(b), as that provision may be amended from
time to time.
1103 TIMESHEETS
Copies of the employee's time sheets shall be made available upon request, by the
employee or his/her designee.
1104 PAYCHECK ERRORS
In the event an employee disputes the amount of any compensation on his/her
paycheck, the employee shall notify the Borough's designated payroll
representative. The Borough shall rectify any verified paycheck errors upon
receipt of such notice. Paycheck errors of less than 5% of gross pay shall be
rectified on the next paycheck. Paycheck errors that are over 5% of gross pay shall
be rectified within three (3) working days after such notice.
1105 MOVING EXPENSES FOR NEW EMPLOYEES
The Borough Manager may specify positions in high demand and short supply
requiring moving expenses for the purpose of accepting employment with the
Borough, upon approval of the Borough Assembly. When there is an essential
position to be filled and the best applicant is from outside of Kodiak, the Borough
Manager, upon approval of the Borough Assembly, may authorize the
reimbursement of moving expenses. Such positions may be reimbursed for actual
and necessary expenses under the following conditions:
a. The employee must be appointed to a position for which the Borough
Manager certifies that such expenditure is necessary to recruit qualified
employees.
b. The maximum reimbursable for an employee shall be determined at the
time of employment in accordance with current costs not to exceed the
equivalent of one month's salary. On a case-by-case basis and upon
approval of the Borough Assembly, additional reimbursement of moving
expenses exceeding this limit may be authorized by the Borough Manager.
c. New employees who are assisted with their moving expenses under this
policy shall be required to sign a Transportation Agreement prior to
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employment (see sample Transportation Agreement in Appendix B - Forms
Section). The Transportation Agreement shall stipulate that the employee
will reimburse the Borough for all or part of such expenditures in the event
he or she voluntarily leaves Borough service, or is discharged for cause,
within a period of two (2) years according to the following schedule:
100% -Less than twelve (12) months
75% -Twelve (12) but less than eighteen months
50% -Eighteen (18) but less than twenty-four (24) months
d. New employees may not be given an advance against moving expenses
without prior written approval of the Borough Manager.
e. It is the responsibility of the appointing authority to see to it that
prospective new employees are aware of pertinent limitations of these
regulations before a move is made.
f. Reimbursement shall be based upon itemized receipts for moving expenses.
The appointing authority shall be responsible for advising 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.
1106 CLOTHING ALLOWANCE
Where special clothing or a uniform is required for the position, an annual clothing
allowance reimbursement of up to $700 per year payable quarterly shall be
allowed. The yearly amount to be paid shall be determined by the Borough
Manager based on the cost of the required clothing as determined on the clothing
reimbursement form. The payments shall be made on the first regular pay day of
each quarter All payments will be in accordance with current Internal Revenue
Service (IRS) regulations.
1107 ON-CALL TIME
Hourly employees who are required to be on-call for the Community Support
Program of the Kodiak Island Borough shall receive $100 one hundred seventy-
five dollars ($175.00) a week compensation for carrying and monitoring the CSP a
beeper cell phone. In the event that an hourly employee is called in to work to
respond in response to a beeper cell phone call, the employee will receive time and
one-half compensation for any and all hours worked over eight (8) in a day and
over forty (40) in a week.
1108 BOROUGH VEHICLES
The Borough maintains pool cars for official travel of its employees. These
vehicles are to be used for Borough business only and shall not be used for private
trips. Hitchhikers are not allowed to ride in Borough vehicles. No one shall
operate a Borough vehicle without a current and valid driver’s license. In
accordance with Ordinance No. 90-17, there will be no smoking is allowed in any
Borough vehicle.
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1109 PRIVATE AUTOMOBILE USAGE
On rare occasions it may be necessary and prudent to use a private automobile in
the performance of official duties. Reimbursement for such travel will be at the
current prescribed rates as determined by the Internal Revenue Service.
No employee will be paid mileage allowance for travel between his normal place
of duty and his residence. Some on-call personnel are provided with the use of
official vehicles as deemed necessary by the Borough Manager or his designee.
1110 GIFTS AND GRATUITIES
It shall be the responsibility of each Borough 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. If an employee is tendered or offered a
gift or gratuity which would, in the eyes of the public or in the eyes of public
officials, be construed to be an attempt to bribe, influence, or to encourage special
consideration with respect to Borough operations, such offer shall be reported
without delay to the Borough Manager. Any person either offering or receiving
such a gift, gratuity, consideration, or extraordinary favor will be subject to the
disciplinary procedure.
1111 PROFESSIONAL ORGANIZATION DUES
The Borough, upon approval of the department director, will pay dues to one an
approved professional organization for each professional member of the staff,
where such professional organization is for the purpose of improving personal
abilities and qualifications.
1112 EMPLOYMENT OF FAMILY MEMBERS
No person may be employed in a position supervised by a family member.
Additionally, family members shall not be placed in a position such that one
member has authority to approve the work, personnel documents, expense account,
or time records of another family member. An exception to this rule will be made
if requested by the Borough Manager and approved by the Borough Assembly.
Family members shall be described as follows: spouse, father, mother, brother,
sister, son, daughter, stepmother, stepfather, stepbrother, stepsister, stepson,
stepdaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-
law, daughter-in-law, and grandparents.
A) If two employees marry who are employed in any position in which the
office or employee may be able to directly or indirectly supervise, control
or influence the work or employment status of the relative or the affairs of
the organizational unit in which the relative is to be employed, they shall
give immediate notice of the marriage to the Borough Manager. At an
appropriate time, the least senior of one of the spouses may be transferred
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to another assignment within the Borough. The decision to transfer shall
not:
1) Alter the transferring spouse's salary and/or benefits, and
2) Alter the seniority standard described above.
B) If one of the spouses agrees to a voluntary transfer, the seniority standard
for involuntary transfer shall not apply.
C) It is agreed that if a Borough employee is to be transferred as a result of
this provision and there is no comparable position available that the
Borough Manager may use his discretion in making reassignment of the
individual. However, the employee shall suffer no loss in salary, benefits
or seniority.
1113 OTHER EMPLOYMENT
No employee shall engage in any other employment, whether public, private or
self-employment, during scheduled work hours, nor outside scheduled work hours
if such employment conflicts with the Borough's interests or adversely affects the
employee's availability and usefulness.
1114 TRAVEL
Employees who are traveling out of town on official business will be reimbursed
for reasonable expenses by the Borough. The Borough will provide for and/or
reimburse the employee for transportation costs. Transportation will normally be
by air and supplemented by such ground or water transportation as is necessary.
All other costs incidental to such travel, and of a normal and necessary nature will
be reimbursed. Such expenses would include hotel rooms, auto rental or ride fare,
and telephone. Employees will be paid a per diem for meals equal to the amount
listed in the current US Government Services Administration (GSA) agency
schedule. It should be noted that for non-contiguous states (Alaska and Hawaii)
the GSA uses the Department of Defense Rates. These rates can be found on the
Federal Government web site at http://www.gsa.gov. The federal government
regulations also specify that on the first and last day of travel, per diem will be
75% of the daily rate. When an employee is on official business not requiring an
overnight stay, per diem will be 75% of the daily rate.
All employees on official travel are expected to make every effort to minimize the
cost of travel. Examples of costs that will not normally be reimbursed are: first
class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel
suites, etc. Before embarking on any travel and prior to submitting travel-related
check requests or purchase orders, employees must submit a Travel Authorization
Form (see sample form in Appendix B – Forms Section).
Hotel rooms will generally be reserved and paid using the purchase order system.
Reimbursement may be requested for hotel rooms with proper receipt submittal.
An advance for per diem can be requested prior to travel.
1115 STRANDED WHILE ON BOROUGH TRAVEL
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If due to inclement weather or other adverse conditions, employees traveling on
Borough business become stranded away from their Kodiak office location the
following will apply:
A) The employee will not suffer a reduction in wages or benefits as a result of
being unable to return to his/her principal work location.
B) The employee will be provided with room, per diem as outlined in Section
1114 above, and necessary transportation at the Borough's expense.
C) The Borough will reimburse the employee for any other reasonable,
necessary expenses they would not normally have incurred had they been
in Kodiak. An example of such an expense would be reimbursement for
any childcare expenses that might result from the employee being stranded
away from Kodiak.
The above will not be reimbursable if an employee has extended his/her travel
time in any way for personal reasons and becomes stranded due to taking a later
flight than would have been required when the Borough business was completed.
1116 SAFETY
It is a fundamental responsibility of the Borough to provide a safe work
environment for its employees. It is a fundamental responsibility of the employees
to abide by all safety rules and regulations and to continuously practice safety
while performing their duties. The Borough will furnish such safety devices and
first aid kits as may be needed for the safety and proper emergency medical
treatment of employees. Employees shall use personal protective equipment as
may be prescribed by state or federal standards or the Borough. It is the
responsibility of each employee to report any unsafe situation to the supervisor
immediately upon recognition of the unsafe situation.
1117 SAFETY COMMITTEE
A safety committee composed of at least two (2) representatives from the non-
management staff members and at least two (2) representatives from the
management staff members, as identified by the Borough Manager, will review
safety programs, training, and procedures. The committee will have the right to:
a. Recommend specific safety programs and training to be presented to the
employees.
b. Recommend corrective action for unsafe practices, procedures and devices.
1118 DESIGNATED SMOKING AREAS PROHIBITION OF SMOKING
Per Ordinance No. 90-17 FY2011-06, adopted on 05/03/90December 2, 2010 by
the Kodiak Island Borough Assembly and effective on July 1, 1990 January 1,
2011, all Kodiak Island Borough buildings and offices are non-smoking areas.
The Borough shall provide designated smoking areas smoking is prohibited in all
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buildings and offices owned or leased by the Kodiak Island Borough at all times.
Except as provided in KIBC 8.30.010, smoking is prohibited within a distance of
fifty (50) feet outside any entrance, window, or ventilation intake system of any
building or office owned or leased by the Kodiak Island Borough to ensure that
smoke does not enter any enclosed area where smoking is prohibited by this
chapter.
Smoking is prohibited on the grounds of the Borough Building at all times due to
its proximity to the Kodiak Island Borough School District offices and the Kodiak
High School property where smoking is prohibited.
1119 DRUG-FREE WORKPLACE
The Borough is committed to providing a safe, efficient, and productive work
environment for all employees. Using or being under the influence of illegal
drugs, alcohol or marijuana on the job may pose serious safety and health risks.
Therefore, Aas a condition of employment, all employees are required to sign and
abide by the Kodiak Island Borough's Drug-Free Workplace Policy. In accordance
with this policy, any employee who unlawfully manufactures, distributes,
dispenses, possesses, or uses a controlled substance in the workplace or during
working hours is subject to disciplinary action up to and including immediate
dismissal. Any employee reporting to work under the influence of alcohol, drugs
or intoxicants is subject to disciplinary action up to and including immediate
dismissal.
POLICY FOR A DRUG-FREE WORKPLACE
Notice to All Borough Employees
It is the policy of the Kodiak Island Borough to provide a drug-free workplace.
The Borough, as a recipient of federal grants covered by the Drug-Free Workplace
Act of 1988, requires all employees to abide by the terms of this policy as a
condition of employment. Any employee who unlawfully manufactures,
distributes, dispenses, possesses or uses a controlled substance in the workplace or
during working hours is subject to disciplinary action up to and including
immediate dismissal (see Section 503 of the personnel manual). This is
irrespective and independent of any criminal action concerning the offense.
Substance abuse on Borough property will not be tolerated and will be cause for
termination.
It is the policy of the Kodiak Island Borough to promote employee well-being and
to protect each employee and the Borough from injury or other threats. The
Kodiak Island Borough is committed to providing assistance to employees who
need drug or alcohol counseling and/or treatment through our employee assistance
program. Employees can utilize this program simply by calling 1-800-478-2812
the phone number posted on the employee bulletin board to be referred to an
appropriate caregiver on Kodiak or, if necessary, to a care-giver off of the island.
Employees are covered for up to eight (8) visits to a counselor and additional
treatment may be covered by insurance. More details about the program are
available in the Borough Manager’s Office. Employee participation in the
employee assistance program will in no way jeopardize future employment or
advancement, nor will it protect the employee from disciplinary action for
continued substandard job performance or rule infractions. Every employee is
eligible to participate in the employee assistance program and all information
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related to participation will be kept confidential. Employee referrals to the
assistance program can be directed to the appropriate supervisor or may be
discussed with higher level supervision up to and including the Borough Manager.
Employees are required to notify their employer immediately should they be
convicted of any criminal drug offense occurring in the workplace.
This policy does not diminish, increase or otherwise change an employee's rights
or responsibilities under the Kodiak Island Borough personnel rules and
regulations.
1120 SEXUAL HARASSMENT POLICY
Notice to All Borough Employees
It is the policy of the Kodiak Island Borough to provide a workplace free from
sexual harassment. Sexual harassment is a violation of the law and is inconsistent
with the Borough's policy on equal employment opportunity and non-
discrimination. Sexual harassment of any kind will not be condoned or tolerated.
All employees must avoid offensive or inappropriate sexual behavior at work and
are responsible for assuring that the workplace is a respectful environment free
from sexual harassment at all times. Any employee found to have violated this
policy will be subject to immediate and appropriate disciplinary action up to and
including termination. In addition, civil lawsuits can be filed by the victim and
courts have held harassers personally liable for damages in instances of sexual
harassment.
Sexual Harassment is defined as "unwelcome advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature when:
1. submission to such conduct is made whether explicitly or implicitly a
condition of an individual's employment; or
2. submission to or rejection of such conduct by the individual is used as the
basis for employment decisions affecting such individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or
offensive work environment."
Examples of prohibited conduct include, but are not limited to, lewd or sexually
suggestive comments; off-color language or jokes of a sexual nature; slurs and
other verbal, graphic or physical conduct relating to an individual's sex; or any
display of sexually explicit pictures, greeting cards, articles, books, magazines,
photos or cartoons.
WHAT TO DO IF YOU ARE SUBJECTED TO SEXUAL HARASSMENT:
The employee should clearly and immediately tell the harasser that you find his or
her comments or actions offensive and then request him or her to stop. Any sexual
harassment incident should be reported to the Personnel Office. If the harassment
continues, keep a record of the times, places and specifics of each incident,
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including other people who might have observed the incident or your reactions.
Each incident should be reported to the Personnel Office to allow interventions for
the purpose of stopping the harassment. In the event of a serious incident or
continuing sexual harassment, employees are encouraged to file a complaint.
If you are a witness to sexual harassment:
Don't ignore the situation, the victim may be too intimidated to speak up. Report
what you saw or heard to one of the individuals below, immediately. By reporting
sexual harassment, you help protect your co-workers and yourself. Since sexual
harassment is such a serious charge, confidentiality is important. Keep what you
saw between yourself and the person you are reporting it to.
HOW TO FILE A COMPLAINT:
Any employee who has a complaint of sexual harassment at work by anyone,
including supervisors, co-workers, visitors, clients, or customers, is encouraged to
report the incident at the earliest possible time. All complaints will be taken
seriously and investigated promptly.
Employees may file complaints with the Personnel Assistant Human Resources
Office, Borough Manager or one additional employee appointed by the Manager to
process and investigate sexual harassment complaints. The individuals' names and
telephone numbers will be posted on the bulletin boards at all times.
However, employees may file a sexual harassment complaint with ANY
appropriate supervisor with whom they feel comfortable talking. The supervisor
would then immediately forward the complaint to one of the individuals appointed
to handle complaints. If the individuals holding the appointed positions change,
the policy will be reviewed, and other individuals may be appointed to ensure an
appropriate representation of males and females as investigators.
Complaints can be verbal or written, but if an investigation ensues, complainants
will be encouraged to submit a written complaint to facilitate investigation.
Complaint forms will be available from the individuals appointed to handle
complaints.
All complaints will be kept confidential to the extent possible to investigate the
incident. No individual will be adversely affected for bringing any violation of
this policy to the attention of management. Retaliation in any form is prohibited.
Supervisors who become aware of a harassment situation, whether created by
employees or non-employees, should immediately notify one of the individuals
noted above. Under Title VII of the Civil Rights Act of 1964, supervisors can be
liable if they know about sexually harassing conduct and do not take any action.
THE INVESTIGATION:
The investigation will include interviews with all relevant persons including the
complainant, the accused, and other potential witnesses. Employees are assured
that the privacy of the complainant and the person accused of sexual harassment
will be kept strictly confidential to the extent possible to investigate the incident.
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Any employee who divulges any information concerning their participation in an
investigation will be subject to disciplinary action.
The Investigator will review the findings with the complainant at the conclusion of
the investigation and before any action is taken. If the investigation reveals that
the complaint appears to be valid, immediate and appropriate corrective action, up
to and including termination, will be taken to stop the harassment and prevent its
recurrence. If the validity of the complaint cannot be determined, immediate and
appropriate action will be taken to assure that all parties are re-acquainted with this
sexual harassment policy and to avoid sexual harassment in the future.
All investigative records of sexual harassment complaints will be kept in a locked
file, separate from personnel files.
The Kodiak Island Borough is committed to training and education programs that
ensure awareness of this policy and awareness about the harm of sexual
harassment in the workplace.
This policy does not diminish, increase or otherwise change an employee's rights
or responsibilities under the Kodiak Island Borough personnel rules and
regulations.
1121 BLOODBORNE PATHOGENS POLICY
Notice to All Borough Employees
The Occupational Safety and Health Administration (OSHA) recently adopted new
standards to protect workers from exposure to bloodborne pathogens. In
developing these new regulations, OSHA made the determination that employees
face a significant health risk as the result of occupational exposure to blood and
other potentially infectious materials because they may contain bloodborne
pathogens. These bloodborne pathogens include Hepatitis B Virus (HBV) which
causes Hepatitis B, a serious liver disease, and Human Immunodeficiency Virus
(HIV), which causes Acquired Immunodeficiency Syndrome (AIDS). The new
regulations require that workers who may be occupationally exposed to human
blood or body fluids must be protected against bloodborne pathogens and that
records must be kept long-term on those employees. A list of classifications of
Kodiak Island Borough positions based on determined levels of occupational
exposure to bloodborne pathogens is provided in the Kodiak Island Borough
Exposure Control Plan and can be found in Appendix C of this document.
It is the policy of the Kodiak Island Borough that all employees subject to
exposure to bloodborne pathogens (those rated at occasional to routinely
occupationally exposed) be offered a free vaccination against Hepatitis B, as well
as a health examination and any required medical follow-up after an actual
exposure to blood or body fluids at no cost to the employee. Employees may
decline this vaccination; however, the vaccination will be offered, and a written
record will be kept. Vaccinations can be obtained from the employee's personal
physician with charges to be billed to or reimbursed by the Kodiak Island
Borough. The Kodiak Island Borough will provide workers risking exposure with
appropriate protective clothing and equipment such as rubber gloves, masks and
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eye protection. Employees at high risk are strongly urged to utilize this personal
protective equipment at all times where potential exposure can occur. The Kodiak
Island Borough will provide training on bloodborne pathogens for all positions.
This training will occur upon initial employment, annually and at any time a
person's job duties may change the kind or level of exposure.
Medical records on covered employees will be kept for the length of employment
plus thirty (30) years. Training records will be kept for three (3) years.
IN THE EVENT OF EXPOSURE OR SUSPECTED EXPOSURE
EMPLOYEES SHOULD FOLLOW THESE PROCEDURES:
1) Report incident to immediate supervisor and Exposure Control Officer.
2) Seek medical evaluation and follow-up after each exposure incident.
3) Employees MUST file an "EXPOSURE INCIDENT
REPORT/INVESTIGATION FORM" (see sample form in Appendix B -
Forms Section).
4) Submit completed forms to your supervisor.
5) Supervisors should document any additional information related to the
incident. Documentation should include a discussion of corrective actions
taken to prevent future exposure.
Since a single exposure may result in an infection, OSHA believes that pre-
exposure Hepatitis B vaccination of all occupationally exposed employees and
post-exposure evaluation and follow-up after each exposure incident helps prevent
infection, benefits the health of employees, and is both technologically and
economically feasible. Copies of the Kodiak Island Borough Exposure Control
Plan, outlining procedures and regulations in detail are to be kept in each
department. Employees who have questions or need further information about this
program may contact the designated Exposure Control Officer.
The Kodiak Island Borough recognizes its duty to provide employees with a
workplace free from recognized hazards that are causing or are likely to cause
death or serious physical harm.
1122 POLITICAL ACTIVITIES
No provisions or part of this manual shall abridge the statutory or constitutional
rights of any employee to engage in any legal political activity. Provided,
however, no employee shall, directly or indirectly, during his/her hours of
employment, solicit or receive funds, or at any time use his/her authority or official
influence to compel any other employee to apply for membership in or become a
member of any organization, or to pay or promise to pay any assessment,
subscription or contribution, or to take part in any political activity.
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CHAPTER 12
GRIEVANCE PROCEDURE
Section
1201 COMPLAINTS OR DISCUSSIONS
While not considered a grievance as defined hereafter, employees may engage in
informal discussions with management to attempt to settle or prevent problems
prior to a formal grievance in writing, being filed.
1202 GRIEVANCE DEFINITION
A grievance is hereby defined as a claim of violation, misinterpretation,
inequitable application, or non-compliance with the provisions of this agreement
or any supplemental agreement. A grievance shall be in writing and shall include
the following:
a. The nature of the grievance and the circumstances out of which it arose,
including the date of occurrence or the date when the grievant (s), became
aware of the problem.
b. The remedy or correction the Employer is requested to make.
c. The section or sections of the manual relied upon or alleged to have been
violated.
d. The signatures of the grievant(s).
e. The date the statement of the grievance was prepared.
1203 PROCEDURE
All grievances shall be presented to the employees' immediate supervisor as soon
as practicable but in no event later than ten (10) working days after the incident
that generates the grievance occurs.
Step One. Within ten (10) working days after written presentation of an
alleged grievance, the affected employee and/or employees shall discuss
the written grievance with the designated management representative for
the work function to which the employee or employees are assigned in an
effort to resolve the dispute or difference.
Within these ten (10) working days, the employer will reply, in writing, to
the employee. If this reply is unsatisfactory the alleged grievance may be
moved to step two, provided written notification of such move is made
within five (5) working days following the receipt of the management's
step one response.
Step Two. Within ten (10) working days after receipt of the notice from
step one, the employee and the Borough Manager shall meet and discuss
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the alleged grievance. The Borough Manager shall respond in writing to
the employee within these ten (10) working days.
1204 ARBITRATION
Grievances which have not been settled under the foregoing procedure may be
appealed to arbitration via the personnel Human Resources office within ten (10)
calendar days from the date of the answer in step two, or if the grievance is not
appealed to arbitration, it shall be considered terminated on the basis of the
second step answers of the parties without prejudice or precedence in the
resolution of future grievances.
If a request for arbitration is tendered, the employee and the employer shall confer
within five (5) working days to agree on a mutually acceptable Alaskan arbitrator.
If no agreement can be reached, the parties shall select an arbitrator by the
striking method from a list of ten (10) arbitrators supplied to the parties by the
American Arbitration Association (AAA). The arbitrator shall be selected within
(5) working days. The order for striking shall be determined by a toss of a coin.
The employee shall toss the coin and the Borough Representative shall call out his
choice. Arbitration shall commence as soon as possible following the
appointment of the arbitrator. The applicable fees and expenses of the arbit rator
shall be borne equally by the parties. Each party shall be responsible for the
expenses of its own witnesses and any other expenses incurred on behalf of that
party.
1205 AUTHORITY OF THE ARBITRATOR
The arbitrator shall conduct a hearing according to generally accepted standards
and procedures for grievance arbitration. The arbitrator shall have no authority to
add to, alter, delete or modify the labor agreement or to issue any award on a
matter not raised in the complaint. The decision of the arbitrator shall be final and
binding on all parties.
1206 TIME LIMITS
Failure of either party to act within the time schedule set forth in this procedure
without the express written agreement of the other party will be considered a
default and the grievance shall be considered to be settled in favor of the non-
defaulting party. The parties may mutually agree in writing to modify the time
limits at any step of the grievance procedures.
The mailing of the grievance appeal or response shall constitute a timely appeal or
response if postmarked within the appeal/response period. Both parties will
provide the other with a list of designated representatives and addresses.
In the application of this article, "working days" shall exclude Saturdays,
Sundays, and holidays recognized by this manual. Nothing in this section shall be
construed to prevent settlement of a grievance by mutual agreement of the parties
at any time.