Chapter 3.45
GENERAL PROVISIONS AND DEFINITIONS
Sections:
3.45.010 Definitions.
3.45.020 Administration.
3.45.030 Revision and amendment.
3.45.040 Scope of coverage and amendment of rules.
3.45.050 Statement of purpose.
3.45.010 Definitions.
When used in this title, the following words and phrases shall have the meanings set forth in this section:
“Administrative leave” means the leave provided for in Section 3.65.050.
“Appointment” means those methods by which a person is designated to fill a specific vacant position.
“Assignment” means the action taken to assign a position to an appropriate grade.
“Candidate” means a person who has applied for a position, and has been included on an eligibility list as being available for certification.
“Certification” means the referral of names of qualified candidates by the mayor to department heads for selection to a position in the classified service.
“Classification” means the process of obtaining adequate position descriptions, gathering necessary additional information, making comparison with other position descriptions, taking other necessary steps, and taking official action by assigning a position to a particular grade and pay range.
“Classified employees” means those employees who hold positions in the classified service of the city.
“Classified service” means all positions except for elective offices, the city clerk, the city attorney, temporary, intern, and nonregular hourly positions, positions filled by the mayor on a contractual basis, and confidential/managerial positions.
“Confidential/managerial positions” means those positions listed in Section 3.85.010(B) or specifically designated by the mayor pursuant to Section 3.85.010(B) that are exempt from the classified service.
“Demotion” means the movement of an employee from a position in one grade to a position in another grade with a lower pay range.
“Employee” means any person in the employ of the city who is subject to these rules and whose activities are directed by the city.
“Examination” means objective evaluation of skills, experience, education and other characteristics demonstrating the ability of a person to perform the duties required of a position.
“Family member” means spouse, father, mother, brother, sister, or child.
“Flex time” means a designated period (e.g., seven a.m. to six p.m.) during which employees may choose their own eight-hour or ten (10) hour schedule, with the approval of the department head and the mayor.
“Focal review” means the annual performance and pay review process for all employees. Performance evaluations shall be completed sufficiently in advance of July 1st of each year so that any pay adjustments made as a result of the performance evaluation process can go into effect on July 1st of each year. Any new employee hired from July 1st through March 31st shall be included in the focal review process that occurs on July 1st. Any new employee hired April 1st through June 30th shall be hired at a pay rate that anticipates that they will not be included in the focal review process until July 1st of the following year.
“Grade” means a group of positions to which the same pay range applies.
“Job sharing” means two or more part-time employees sharing one full-time position in which the combination of hours worked by the employees does not exceed the hours of work for the position if the position were held by one full-time employee.
“Just cause” means that sufficient justification exists for a proposed disciplinary action.
“Just cause” includes, but is not necessarily limited to, the following:
1. Incompetence;
2. Inefficiency;
3. Lack of any of the qualifications required for the position;
4. Insubordination;
5. Absenteeism or tardiness;
6. Harassment of other employees or the public;
7. Violation of a written city policy, procedure, rule or regulation, which was known or reasonably should have been known to the employee;
8. Violation of an oral or written directive which was known to the employee;
9. Conviction of a crime involving moral turpitude or a crime that may affect or reflect upon the ability of the employee to perform the duties of his or her position, or may affect the operations of the city, or the reputation or public image of the city;
10. Consuming drugs or alcohol at work or coming to work inebriated or in a drug altered state;
11. Use or appropriation of city property for personal, commercial or other unauthorized or inappropriate use;
12. Refusal to perform job duties;
13. Dishonesty;
14. Failure to comply with the city’s personnel rules provided for in this title or any personnel policies and procedures promulgated by the mayor; or
15. Any other conduct justifying the proposed form of discipline, up to and including dismissal.
“Layoff” means removal from active work status of an employee for reasons usually beyond his or her control that usually do not reflect discredit on his or her service.
“Length of service” means the number of days of all service rendered by an individual during employment with the city, regardless of the position(s) occupied, as measured in accordance with this title.
“Night shift” means a shift which starts at or after six p.m. but before four a.m.
“Nonregular hourly employee” means an employee appointed to a nonregular hourly position. A nonregular hourly employee serves at-will and may terminate his or her employment or be terminated at any time with or without cause, and for any reason or no reason. A nonregular hourly employee is not covered by any of the terms of this title and is not entitled to any of the rights and benefits provided to employees under this title unless expressly stated otherwise in specific provisions of this title. A nonregular hourly employee’s personnel file shall document the fact that the employee is not entitled to any of the rights and benefits provided to employees under this title unless expressly stated otherwise in specific provisions of this title.
“Personnel rules” or “rules” means the terms and provisions of Title 3 of the Wasilla Municipal Code.
“Personnel rules committee” means a committee selected by the mayor containing employees of the city with whom the mayor may consult from time to time regarding the rules contained in this title.
“Position” means the duties and responsibilities which comprise a particular job which are sufficiently similar with respect to scope of discretion and responsibility, minimum requirements of training, experience or skill, and such other characteristics that the same title, the same test of fitness (if any) and the same range of compensation apply.
“Promotion” means the movement of an employee from a position in one grade to a position in another grade having a higher pay range.
“Reemployment” means appointment of an employee in layoff status to a position in the same or a lower grade than the position in which that employee had previously obtained a regular appointment.
“Reemployment list” means a list of employees who have obtained a regular appointment and were subsequently laid off, and who have made written request for reemployment within one year from date of layoff.
“Regular appointment” means an appointment to a position after an employee has satisfactorily completed the probationary period applicable to his or her position.
“Rehire” means appointment of an employee to a position at any time following separation from the city in good standing, other than reemployment of an employee with reemployment rights as provided for in this title.
“Reinstatement” means replacement of an employee in a position in the same grade as the position occupied previously, when there has been no break in service, for one of the following reasons:
1. Timely return from military leave;
2. Return to a position from which the employee was suspended, demoted or dismissed, after successful appeal;
3. Return of an employee from authorized injury leave or leave without pay.
“Salary structure” means the pay ranges assigned to each grade included in the salary administration plan.
“Separation” or “separation from city service” means cessation of the work relationship between the city and an employee for any reason including, but not necessarily limited to, death, dismissal, termination, resignation, job abandonment, and retirement.
“Suspension” means an enforced paid or unpaid leave for disciplinary reasons.
“Supervisor” means an employee who supervises other employees and whose job includes, but may not be limited to, the performance of some or all of the following functions with respect to other employees: to hire, transfer, suspend, layoff, recall, demote, promote, discharge, dismiss, assign duties, reward, discipline, direct, or respond to grievances, or recommend such actions to another supervisor.
“Temporary employee” means an employee appointed to a temporary position. A “temporary employee” is not covered by any of the terms of this title and is not entitled to any of the rights and benefits provided to employees under this title unless expressly stated otherwise in specific provisions of the title. A temporary employee’s personnel file shall document the fact that the employee is not entitled to any of the rights and benefits provided to employees under this title unless expressly stated otherwise in specific provisions of the title.
“Temporary position” means a position established for a defined period of time not to exceed six months except when the mayor extends the period of the temporary position.
“Transfer” means a lateral movement from one position to another position in the same grade, without any break in service.
“Work day” means a scheduled daily work period in a scheduled work week.
“Work week” means the period from midnight Sunday to the following midnight Sunday during which an employee is regularly scheduled to work, as further defined in Section 3.60.010 of these rules. (Ord. 08-29 § 3, 2008; Ord. 08-14(AM) § 2, 2008; Ord. 04-79 § 2, 2004; Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.45.020 Administration.
A. The mayor shall have overall authority and responsibility for personnel administration and may delegate aspects of this function as he or she determines is appropriate. In addition to the responsibilities specified elsewhere in these rules, the mayor’s duties include:
1. Advise city employees and officials on all matters pertaining to the administration of personnel. In this capacity, the mayor has final responsibility for interpretation and enforcement of these rules;
2. Maintain or direct the maintenance of a personnel records system;
3. Prepare or direct the preparation of reports on personnel as may be required to accomplish all employee relations activities;
4. Advise and assist all supervisors in employee relations matters;
5. Develop and maintain a salary administration plan;
6. Direct the operation of recruitment, employment and promotion programs and assure equal employment opportunity in these areas;
7. Conduct long-range personnel planning to project future requirements;
8. Review and implement the personnel aspects of all organizational plans and modifications;
9. Develop and promote programs for improving employee effectiveness, such as training, health, counseling, welfare and productivity improvement programs;
10. Develop and maintain a personnel information system;
11. Maintain a position control system based on the budget as approved by the city council;
12. Direct labor relations functions (if any) of the city; and
13. Develop personnel policies and procedures to implement these rules and the requirements of applicable state and federal laws. Copies of the policies and procedures may be provided to all employees via electronic mail (“e-mail”) or hard paper copy, and a current version of them shall be posted on the city’s intranet. The mayor may update, change or modify such policies and procedures from time to time as required, and employees shall be notified of any such update, changes or modifications via e-mail or hard paper. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.45.030 Revision and amendment.
The mayor shall recommend revisions of these rules based on the needs of the city, applicable state and federal laws, and increased effectiveness. Recommendations to the council for action shall become effective upon approval of the council by ordinance. All revisions and amendments of this title apply to employees of the city as of the effective date of the amendments or revisions, unless specified otherwise in the ordinance implementing them. Employees hired prior to the effective date of amendments and revisions do not retain ongoing rights, privileges, or benefits that are rendered void or otherwise made unavailable by the
amendment or revision. These provisions are intended to expressly preclude any implication or suggestion that “grandfather rights” are retained by employees hired prior to a revision or amendment of these personnel rules. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.45.040 Scope of coverage and amendment of rules.
A. These rules shall apply to all employees except that:
1. The city clerk and the deputy city clerk shall be appointed, terminated and paid in a manner determined by the city council; however, unless expressly provided otherwise in a contract with the city council or elsewhere in the Wasilla Municipal Code, the rules and any policies and procedures developed by the mayor to implement the rules shall apply to the city clerk and the deputy city clerk;
2. The mayor is elected and shall be compensated in the manner provided for in Section 2.16.070. The mayor shall receive the same benefits as those provided to employees who have obtained a regular appointment to a city position;
3. These rules shall not apply to election officials, city council members, members of city boards and commissions, temporary employees, employees hired by the mayor on a contractual basis, the city attorney, interns, nonregular hourly employees, or volunteers unless expressly provided for in these rules (for example, see subsection (A)(1) of this section) or in the policies and procedures implementing the rules (for example, see the city’s anti-harassment policy and procedure).
B. Department Rules. Upon coordination with the mayor, department heads may establish written department rules which do not conflict with the provisions of these personnel rules or the personnel policies and procedures. Department rules shall be available for all affected employees to review and may be distributed and posted electronically as provided for in Section 3.45.020(A)(13).
C. Grant Programs. When an employee is employed under the provisions of a grant program, any provisions of that grant which conflict with these personnel rules shall apply and govern the conduct of an employee employed under the grant.
D. Amendment. Employees and department heads are encouraged to submit recommended additions or modifications to these rules to the mayor at any time. The mayor shall evaluate such recommendations and may forward them with his or her comments to the personnel rules committee for its consideration. The mayor may submit additions or modifications suggested by the personnel rules committee to the city council for its consideration. (Ord. 04-79 § 3, 2004; Ord. 03-33(SUB)(AM) § 2 (part), 2003)
3.45.050 Statement of purpose.
A. The rules establish a system of personnel administration based on merit and professional methods of recruitment, selection, employment, transfer, removal, and discipline of employees, and establish other conditions of employment with the city. It is the specific intent of the rules to assist in accomplishment of the following objectives:
1. To recruit, select and advance employees on the basis of merit and relative qualifications, ability, knowledge and skills, including open consideration of qualified applicants for initial appointment;
2. To assist in the accomplishment of affirmative action and equal employment opportunity objectives of the city;
3. To assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, age, sex, religion, marital or veteran status, ancestry, disability or other legally protected status;
4. To provide employment subject to the need to accomplish work, availability of funds, and continued effective performance and acceptable personal conduct of the employees;
5. To provide employees assignment of duties, responsibilities and authority, training, supervision and appraisal, appropriate compensation, and recognition for exceptional service;
6. To encourage efficient operation and production of all city employees through personnel administration on the part of all supervisors, toward the end of service to the public; and
7. To inform employees of their rights, benefits and responsibilities. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)