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1998-21 Amending Title 2 Admin and Personnel - Personnel - Manager Plan of GovtAN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH PERSONNEL REGULATIONS, 1994 EDITION, REFERENCED IN TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.12 PERSONNEL TO PROVIDE FOR THE CHANGE TO A MANAGER PLAN OF GOVERNMENT WHEREAS, the Kodiak Island Borough will revert to a manager plan of government on October 19, 1998; and WHEREAS, the governing body shall enact provisions for the reorganization of the municipal executive and administrative functions; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The Kodiak Island Borough Personnel Regulations, 1994 Edition, referenced in Title 2 Administration and Personnel of the Kodiak Island Borough Code of Ordinances is amended to read as attached. Section 3: Effective date. Sections 1 and 2 of this ordinance shall become effective to be in full force and effect at midnight on October 18, 1998. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF AUGUST, 1998 G� J'Z /r onna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH ORDINANCE NO. 98 -21 Introduced by: Assembly Requested by: Borough Clerk Drafted by: Human Resources Director Introduced: 07/16/98 Public Hearing: 08/06/98 Adopted: 08/06/98 KODIAK ISLAND BOROUGH J 917 Gary L. S ens, 'r - siding Officer Ordinance No. 98 -21 Page 1 of 1 Effective 74497 CHAPTER 1 - OBJECTIVES AND SCOPE - Pg. 11 -1 CHAPTER 2 - ORGANIZATION AND DELEGATION OF AUTHORITY - Pgs.2-62 -1 -2 -5 Page # 22-1 22-1 22 -1 Section 201 202 202.1 2 32 -1 - 2 -2 202.2 32-2 202.3 32-2 202.4 3-42 -2 - 2 -3 202.5 4-52 -3 - 2 -4 203 52 -4 - 2 -5 204 32 -4 204.1 52 -4 204.2 62 -5 204.3 204.4 62 -5 (CHAPTER 3 - POSITION CLASSIFICATION - Pgs. 7- 193 -1- 3 -4 Page # 73 = 1 73 = 1 73 -1 Section 301 302 303 7-83 -1 - 3 -2 304 83 -2 305 83-2 306 83 -2 307 8403 -2 - 3 -4 308 MISSION STATEMENT WORK RULES Section 101 102 103 104 105 Kodiak Island Borough Personnel Manual Table of Contents Title Authority Purpose Scope Non - Discrimination/Equal Employment Opportunity Amendments Title Purpose Responsibility and Authority Borough Assembly Borough Mayer Manager Department Heads Supervisory Personnel All Employees Organization of the Personnel Board Organization and Duties of the Working Conditions Advisory Council Organization of the Advisory Council Authority of the Advisory Council Election of the Advisory Council Application of Other Provisions Title Description Purpose Administration and Development Position Descriptions Maintenance of the Classification Plan Reorganization of Department Salary Schedule Salary Range Placement Process Page 1 of 4 MISSION STATEMENT The Kodiak Island Borough encompasses all of the Kodiak Island archipelago, and has governmental jurisdiction over all of this area. The Borough is governed by an elected Assembly consisting of seven members and an elected Mayor._ Whe A hired manager acts as the chief administrative officer of the Borough. The Borough is authorized to exercise those powers provided by state statute or a vote of the people. The Kodiak Island Borough areawide powers include: assessing and collecting property taxes; education; developing and enforcing zoning regulations; and health care. Non - areawide powers include: providing services to areas outside the cities such as parks and recreation, building inspection, solid waste collection and disposal, animal control, economic development and special service areas for roads, water, sewer and fire protection. The mission for Borough employees is to provide these services as efficiently and as courteously as possible, always remembering that public service is the goal and that employee responsibility is ultimately to the citizens of the Borough. Borough employees should maintain a dedication to high quality standards, on the job, in the community and in the environment in which we live. Septembcr 1, 1994 WORK RULES A. GENERAL. All employees of the Borough are required and expected to abide by certain rules and regulations. These have been established to protect each employee and the Borough from injury or other threats to their well -being and to promote harmonious, efficient working practices. The integrity and personal respect of all employees are highly regarded, both on and off the job. Failure to observe established rules and practices can lead to disciplinary action including formal warnings, probation, demotion and termination. The Borough's usual practice is to help employees identify problems and to improve employee performance and behavior. The specific disciplinary action will normally be based on an assessment of the offense, the circumstances and the employee's previous record. The Borough reserves the right to take whatever disciplinary measures it feels are appropriate, including termination, if in the judgement of the responsible supervisor the employee's conduct cannot be corrected, or it seriously threatens the well being of the Borough, other employees or the public. The primary purpose of the disciplinary system is to correct improper behavior, not to impose penalties. The supervisor is expected to recognize situations where disciplinary measures are the most appropriate means to this end. Any clarification of the appropriate disciplinary procedure should be referred to the personnel assistant. The following are examples of improper conduct that warrant corrective measures. These examples are not to be interpreted as inclusive. a. Falsifying employment application, time card, personnel or other company documents or records. b. Excessive absences or lateness. c. Neglect of Borough property. d. Unauthorized possession of company or employee property, carrying weapons or explosives, or violating criminal laws on company premises. e. Minor violations of safety rules. f. Excessive personal use of the telephone. g. Use of abusive language. h. Conduct which disrupts business activities. i. Theft of Borough property or that of other employees. j. Insubordination or refusing to follow instructions or failure to perform reasonable duties which are assigned. k. Intoxication (including the effects of drugs) during working hours. 1. Deliberate misuse of Borough property. M. Deliberate injury to another person. n. Sexual harassment of another person. o. Violating a confidence; unauthorized release of confidential information. p. Other offenses that in the supervisor's judgement seriously threaten the well being of the Borough or any employee. q. Conduct not in accord with this agreement. EMPLOYEES CONDUCT WITH THE PUBLIC All employees shall handle all public inquiries or complaints in a courteous and professional manner. All such inquiries or complaints are to be handled promptly. It is the responsibility of the employee receiving the inquiry or complaint to resolve it if possible. If the inquiry or complaint does not pertain to his or her department, the caller shall be advised of the name of the person to whom the inquiry should be directed. If the inquiry or complaint pertains to the employee's department and he or she is unable to solve the issue, the caller shall be advised that their inquiry or complaint will be turned over to the supervisor for immediate disposition in person or on the telephone. If the supervisor is unable to resolve the problem, it shall be referred to the Borough Mayer Manager to attain a resolution. It shall be unlawful for anyone to interfere with any employee or officer while such person is executing the duties of his or her Scptcmb. r 1, 1994 Section 101 AUTHORITY 102 PURPOSE 103 SCOPE CHAPTER 1 OBJECTIVES AND SCOPE The following policies and procedures are promulgated under the authority of Ordinance No. 77 -31 -0 of the Kodiak Island Borough, amending Chapter 2.12 of the municipal Code as revised by Ordinance No. 94 -18, Adopted September 1, 1994 by the Kodiak Island Borough Assembly. 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. 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- DISCRIMLNATION /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 Mayer-' 'sManager'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. September 1, 1991 1 -1 Section 201 PURPOSE 202.1 Borough Assembly. CHAPTER 2 ORGANIZATION AND DELEGATION OF AUTHORITY 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 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 Personnel Board. b. Assign such additional duties to the 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 MayerManager. The Borough MayerManager 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. Scptcmber 1, 1994 2 -1 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 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. Department heads shall have the responsibility and authority to: a. Enforce the personnel policies and administer the merit system in their department. 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 jurisdiction as delegated by the Borough MayarManager. 202.4 Supervisory Personnel. Supervisory personnel shall have the responsibility and authority to: a. Implement personnel policies, rules, and regulations in the units 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: September 1, 1994 2 -2 1 1 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, and then the Borough MayerManager to be considered by the Personnel Board. 203 ORGANIZATION AND DUTIES OF THE PERSONNEL BOARD 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 MayerManager, 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 MayefManager 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 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 MayerManager 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. The Advisory Council shall consist of five 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 action 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 reasonable evidence that the Advisory Council continues to represent the interests of the majority of the covered employees. Section 301 DESCRIPTION 302 PURPOSE CHAPTER 3 POSITION CLASSIFICATION The Classification Plan is the result of the process of analyzing job descriptions with respect to duties, responsibilities and to training and experience requirements to determine the proper salary range placement on the salary schedule. Each position in the Classification Plan shall be designated by the descriptive title and defined by a salary range placement. All salary range placements will be made using the Assembly approved salary range placement process. The Classification Plan provides the basic structure for salary placement on the salary schedule and permits the consideration of pay policy in relation to duties, responsibilities and work requirements. 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 ADNIINISTRATION AND DEVELOPMENT The Borough MayerManager shall have the authority for the overall administration of the Classification Plan. Department heads, 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 with each employee and kept current by each Borough department head for each position under the department's jurisdiction. When a new position is proposed or an existing position is proposed to be amended, the department head shall provide a written position description to the Borough MayerManager, who shall analyze and evaluate the duties and responsibilities of each position description to assure that it reflects the tasks that are needed to meet the goals and objectives of the Kodiak Island Borough. Upon the MayortsManager's approval of the position description, it shall be reviewed for proper placement on the salary schedule. The MayerManager will recommend any new or revised salary range placement to the Personnel Board. Any employee who is dissatisfied with his /her position description shall be given the opportunity to appeal the Mayor Manager's decision. The Personnel Board shall review the appeal and render a binding decision and notify the Borough MayerManager and the appellant of the decision in writing. 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. Section 305 MAINTENANCE OF THE CLASSIFICATION PLAN The Borough MayorManager shall periodically review the entire Classification Plan or any part thereof on his own initiative or at the request of a department head, employee, or other interested party. The purpose of such review shall be: A. To ascertain whether or not the position descriptions accurately reflect existing task requirements for each position. B. To determine the accuracy of salary range placement. C. To assure that positions are properly classified. The Borough MayorManager 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 Assembly. 306 REORGANIZATION OF DEPARTMENT Whenever a reorganization of a department, or action of the Borough Assembly causes the duties of a position to change, or a position appears to have been incorrectly allocated, the department head shall revise the position description and provide the new description to the Borough MayorManager for approval. The MayorManager 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, demotions, promotions, or dismissals. 307 SALARY SCHEDULE The Borough MayorManager shall be responsible for the development of a salary schedule (Appendix A) through analysis of cost of living 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 living or other adjustments shall be submitted to the 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. Pay ranges within the salary schedule shall be determined with due regard for such factors as: A. The relationship between positions. B. The relative difficulty and responsibility of work for each position. C. The minimum experience required for the position. D. The educational and licensing requirements for each position. September 1, 1994 3 -2 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. 402 JOB VACANCIES 404 INTERNS CHAPTER 4 HIRING AND ADVANCEMENT Notices of position vacancies shall be publicized first to all Borough employees for five (5) working days on the employee bulletin boards. Notices of the vacancy will also be copied to each department. If a qualified candidate is not selected from the in -house applicants at the end of the five (5) days, the position will then be advertised outside for at least ten (10) working days. 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 Mayer Manager. 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 July 1, 1997 4 -1 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 has been vacated or any position that has been created shall be posted within the Borough. The posting shall state the details and qualifications applicable to the position. Posting will be on Borough bulletin boards for a minimum of five (5) working days. Any regular employee may, within five working days from the date of job posting, present in writing to the personnel department his /her application. Such application will include all data required by the posting. 406 JOB ANNOUNCEMENTS AND PUBLICITY In order to attract candidates for vacancies, the Borough MayefManager will issue 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 MayefManager 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 Assembly members and the Borough Mayor is prohibited. 408 SELECTION PROCESS The applicable supervisor assisted by the personnel assistant will evaluate all written applications on a numerical basis on a form (drawn from the position description) provided by the 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 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 interview will be conducted with a numerical evaluation on a 2nd form (drawn from the position description) and provided by the personnel office. In addition, a written examination or demonstration may be required if appropriate. Upon completion of all interviews, the supervisor will make a final selection. July 1, 1997 4 -2 409 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, subject to mayeralmanagerial 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. 410 SHIFT DIFFERENTIAL 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. 411 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 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 determines by the evaluation that an employee has not satisfactorily performed the job, the department head may suspend the employee's step increase for a period of time during which 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 MManager. When the department head 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 July 1, 1997 4-3 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 and subject to the approval of the Borough MayerManager. This increase is in addition to normal step increases and does not effect the anniversary date. Department heads 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. 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. July 1, 1997 4 -4 412 TEMPORARY ASSIGNMENTS At the discretion of the May=orManager, an employee may be assigned to some of the duties created by an employee who is temporarily absent from their position. If this re- assignment is made for more than fourteen (14) calendar days, 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 (2.5 %) above his /her current rate of pay. 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 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. 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 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 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. July 1, 1997 4 -5 Section 501 RESIGNATIONS 502 LAYOFF CHAPTER 5 SEPARATIONS To resign in good standing, an employee must give written notice to his department head 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 when adequate provisions can be made in a shorter period of time, or extenuating circumstances exist. The department head shall furnish a copy of the resignation (recognized by the signature of the department head) to the Borough Mayor'sManager'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. When a reduction in force is necessary, the department heads affected shall make a thorough report and recommendation to the Borough MayorManager, 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 MayorManager and offered to the employees as an option. The MayorManager 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 MayorManager 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 MayorManager 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 MayorManager. 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 deemed appropriate by the MayorManager and the Assembly. Should a layoff be July-1 5 -1 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 Mayfly- 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 effect 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. July-4 5 -2 Section 601 HOURS OF WORK 602 TEN HOUR WORK DAY 603 REST PERIODS CHAPTER 6 WORK SCHEDULE & OVERTIME 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. 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 work day shall consist of the period from 12:01 a.m. to midnight. Different schedules to meet department operating needs shall be established and altered by department heads with approval of the Borough MayerManager. Temporary shifting of employees' working hours to meet routine needs shall be done as necessary and approved by the department head. By mutual agreement of the department head 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. 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. 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. July-4 6 -1 608 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 scheduling 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 Mayes'- - sManager'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 employer and the Union. July-1 6 -3 Over 8 years but less than 10 years 10 years and over CHAPTER 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 (24) 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) 702 ANNUAL LEAVE - GENERAL 2 -1/4 days (9 hours per pay period) 2 -1/2 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. Annual leave may be used for vacations, personal business, and periods of illness. Vacation leave shall be requested at least two (2) weeks in advance (see sample Leave Request Form in Appendix B - Forms Section). Leave for periods of time not exceeding three (3) working days shall be scheduled at least twenty -four (24) hours in advance. 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 MayerManager. July-4 27 days 30 days 7 -1 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. 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 seventy - 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 MayerManager (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. 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 July - 1 7 -2 disaster. Leave donations must be requested in writing and be approved by the Borough MayerManager. 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) 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 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 the scheduled reporting time. When sick leave exceeds three (3) consecutive work days 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 In compliance with the state and federal family 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 leave acts allow 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. July -4 1997 7 -3 1 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. 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. 709 LEAVE WITHOUT PAY "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. "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. Leave - without -pay, if approved by the Borough MayerManager, 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 (eight 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 MayerManager, 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 July-4 7 -5 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 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 MayorManager 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 MayerManager. It is the Mayor'-sManager'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 July-4 7-8 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 MayorManager 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. July-4 7 -9 Section 801 DISCIPLINE CHAPTER 8 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 months from the date of the action concerned, the Borough MayerManager 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. July4 199'7 8 -1 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 CHAPTER 9 TRAINING 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 and the Borough MayerManager shall be obtained in each case before beginning the pertinent course of study (see sample Coursework Approval Form in Appendix B - Forms Section). If the reimbursed tuition amount exceeds $300, 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 $1,000 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 lerManager, 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 will be subject to the terms of a Special Training Agreement (see sample Special Training Agreement in Appendix B - Forms Section). In accordance with ordinance 84 -14 -0, any employee terminating employment prior to working one year after completion of an approved special training program (defined as any training or schooling for which the Borough pays $1,000 or more including cost of the training program plus travel), unless terminated for a justifiable reason will be subject to forfeiture of accumulated leave and /or salary on a pro -rated basis in the amount equal to the cost of the training program plus travel. Conferences are considered special training programs under the provisions of this section. July -4 ; 1997 9 -1 J• Eligible employee is defined as either: 1. a regular full -time employee, or 2. a regular part-time employee working at least fifteen (15) hours per week. k. Regular part-time employees who are eligible for, and elect to have insurance coverage, shall continue to pay a proportional share of the premium. 1. An employee on an approved leave of absence may elect to pay the premium for Borough -wide health insurance during this period, if allowed under the group insurance contract. m. 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. n. 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. o. The Borough will provide Worker's Compensation coverage for all employees and volunteers of the Borough. P. 1002 RETIREMENT The Borough will provide a non - contributory short and long -term disability insurance program for each employee. 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 the PERS booklet and it will also be available in the payroll and Mayor'sManager's offices. July 1, 1997 10 -2 Section 1101 PERSONNEL RECORDS 1102 PAYROLL PROCEDURES CHAPTER 11 EMPLOYMENT PRACTICES The Borough Mayor 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 MayerManager or department heads. Employees shall have access to their own confidential personnel file. Access to the personnel files by other than the MayorManager, the employee's immediate supervisor and department head, the personnel and administrative assistant and the head of a Borough department into which the employee has applied for promotion or transfer shall not be allowed without prior approval of the MayorManager. 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 MayorManager. 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 MayorManager, personnel assistant 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 licensed health care practitioner, unless the employee gives written consent allowing the release of his /her medical file. 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. July-4 11 -1 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. 1103 TIMESHEETS Copies of the employee's time sheets shall be made available upon request, by the employee or his/her designee. 1104 PAY CHECK 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 Mayor-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. 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 MayerManager 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. c. New employees who are assisted with their moving expenses shall be required to sign a Transportation Agreement prior to 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: 3ely -i 191 11 - 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 MayerManager. 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 will pay dues to one 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 MayerManager and approved by the Borough Assembly. Family members shall be described as follows: Sspouse, father, mother, brother, sister, son, daughter, step- mother, step- father, step- brother, step- sister, 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 MayerManager. At an appropriate time, the least senior of one of the spouses may be transferred 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 May©rManager may use his discretion in making reassignment of the individual. However, the employee shall suffer no loss in salary, benefits or seniority. July-4 11 -4 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, 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're 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, Mayor-Manager or one additional employee appointed by the MayerManager to process and July -4, 199 11-8 1202 GRIEVANCE DEFINITION 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. A grievance is hereby defined as a claim 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 MayerManager shall meet and discuss the July-149-9-7 9- 12 -1 1204 ARBITRATION alleged grievance. The MayofManager shall respond in writing to the employee within these ten (10) working days. Grievances which have not been settled under the foregoing procedure may be appealed to arbitration via the personnel 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 arbitrator 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. July - 1 12 -2