Chapter 2.32
PERSONNEL SYSTEM1 Revised 6/18

Sections:

2.32.010    Definitions. Revised 6/18

2.32.020    Statement of purpose.

2.32.030    Scope of coverage.

2.32.040    Amendments and variances.

2.32.050    Appointments.

2.32.060    Categories of appointments.

2.32.070    Special salary provisions.

2.32.080    Hours of work – Workweek.

2.32.090    Personnel records and general files.

2.32.100    Position classification plan.

2.32.110    Applicant prerequisites.

2.32.120    General appointment policy.

2.32.130    Recruitment/relocations allowance.

2.32.140    Preemployment investigations.

2.32.150    Probationary period. Revised 6/18

2.32.160    Attendance.

2.32.170    Leave without pay. Revised 6/18

2.32.180    Administrative leave.

2.32.190    Employee transfers.

2.32.200    Employee promotions.

2.32.210    Reductions in force/layoff.

2.32.220    Conflict of interest.

2.32.230    Travel and host reimbursement.

2.32.240    Training.

2.32.250    Relatives in the borough service.

2.32.260    Employee job performance appraisal.

2.32.270    Employee conduct.

2.32.280    Cost consciousness.

2.32.290    Work rules and standards of conduct.

2.32.300    Causes for disciplinary action.

2.32.310    Forms of disciplinary action. Revised 6/18

2.32.320    Review of disciplinary actions. Revised 6/18

2.32.330    Review of dismissal actions – Pre-termination hearings. Revised 6/18

2.32.340    Safety.

2.32.350    Protection for whistleblowers.

2.32.360    Indemnification.

2.32.370    Employee separations.

2.32.380    Position descriptions.

2.32.390    Salary plan.

2.32.400    Payday.

2.32.410    Overtime – Compensatory time. Revised 6/18

2.32.420    Holidays. Revised 6/18

2.32.430    Leave. Revised 6/18

2.32.440    Car allowance.

2.32.450    Retirement.

2.32.460    Social security.

2.32.470    Medical and hospitalization benefits.

2.32.480    Service awards.

2.32.490    Collective bargaining agreement approval and funding by the assembly. Revised 6/18

2.32.010 Definitions. Revised 6/18

As used in this chapter:

Advancement” means a salary increase within the limits of a pay range established for a class.

Appeal” means a request to a supervisor, department head, or borough mayor for consideration of and decision or ruling on a problem or situation.

Appointing authority” means the borough mayor or his designee.

Bargaining unit employee” means a person occupying a position covered by a collective bargaining agreement.

Calendar year” means a 12-month period beginning January 1st and ending December 31st.

Casual employee” means a person who is employed in a casual (temporary) capacity, including election workers. Casual employees are not eligible for any fringe benefits.

Class” means a group of positions sufficiently alike in responsibilities and authorities to require similar qualifications.

Class specification” means a written description of each class of position including a class title, working title, a statement of objectives, the reporting relationships and the relationships of other than reporting, minimum qualifications. Positions, not the individual, are classified.

Continuous service” means uninterrupted employment with the Fairbanks North Star Borough. Absences due to military service or extended leaves approved by the borough mayor do not constitute a break in continuous employment.

Demotion” means a transfer of an employee from a position in one class to a position in another class which has a lower salary range.

Department” means a major functional unit of the borough government established by the borough assembly.

Department director” means a person directly responsible for the administration of a department. As used in this chapter this term also includes the mayor, chief of staff, borough attorney and borough clerk.

Disciplinary action” means imposition of certain personnel actions, e.g., reprimand, warning, suspension, dismissal, or demotion, as a result of conduct detrimental to the borough.

Dismissal” means involuntary termination of regular employment for just cause or involuntary termination of probationary employment when the supervisor, acting in good faith, is dissatisfied with the employee’s performance.

Full-time employee” means a person who is employed regularly for a scheduled workweek of 30 hours or more per week.

Grievance” means an employee’s oral or written expression of dissatisfaction with some aspect of his employment, a management decision affecting him, or an alleged violation of his rights for the purpose of attempting to gain an adjustment of said cause of dissatisfaction.

Immediate family” means spouse, child (step, biological or adoptive), parent (step, biological or adoptive), sibling, grandparent, father-in-law, mother-in-law, or a regular member of the employee’s household.

Layoff” means a separation from employment because of organizational changes, lack of work, lack of funds, or other reasons not reflecting discredit upon an employee.

Leave of absence” means time off from work for reasons within the scope and purpose of these rules and regulations upon prior approval of the employee’s supervisor, department head, and borough mayor.

Mayor” means the elected chief executive officer and head of the administrative branch of the borough government who is directly responsible for the proper administration of all affairs of the borough.

Military leave” means leave of absence for an employee during reserve military training duty or during an authorized call-up.

Nonoccupational disability” means disability from an accident or sickness suffered or contracted by the employee which cannot be attributed to the performance of assigned duties.

Occupational disability” means disability from an accident or sickness suffered or contracted within the course of the performance of assigned duties.

Overtime” shall be considered as time worked in excess of eight hours in a workday or 40 in a workweek, or 10 hours in a workday if the employee is on an authorized flex or other modified schedule.

Part-time employee” means a person who is employed regularly for a scheduled workweek of a minimum of 15 hours but less than 30 hours.

Personnel action” means any action taken with reference to appointment, compensation, promotion, demotion, transfer, layoff, dismissal or other action affecting the status of employment.

Personnel file” means a file maintained in the human resources department which contains complete personnel records of all employees.

Probationary period” means a six-month working test period during which an employee is required to perform the duties of his position in a manner that is satisfactory to the supervisor.

Promotion” means the change of position for an employee from a position in one class designation to a position in a higher salary range class.

Reclassification” means a change in classification of a position in another class range.

Regular employee” means an employee who has been retained in his appointed position after the completion of his probationary period. Regular positions do not have a specified terminal date, are included as part of the annual operating budget, and are considered to be a part of the regular staffing complement. Regular employees may be designated as full-time or part-time.

Seasonal employee” means an employee who holds a regular, budgeted seasonal position with the title of: park ranger, lead park ranger, equipment operator, park caretaker, and parks grounds-keeper. Seasonal employees are afforded recall rights to return to the seasonal position each year.

Shift personnel” means employees whose scheduled daily hours of work vary from the standard workday and whose duties are continuous from the start to the end of the shift.

Supervisor” means individuals, regardless of job description or title, who have authority to act or to effectively recommend action in the interest of the public employer in any one of the following supervisory functions, if the exercise of that authority is not merely routine but requires the exercise of independent judgment:

1. Employing, including hiring, transferring, laying off, or recalling;

2. Discipline, including suspending, discharging, demoting, or issuing written warnings;

3. Grievance adjudication, including responding to a first level of grievance under a collective bargaining agreement.

Suspension” means temporary separation of an employee from borough service without pay for disciplinary purposes.

Term Employee. When the nature of a project or need is such that it can be expected to exceed six months, but has an anticipated fixed life of less than 24 months, employees may be hired as term. Employees hired to fill a term position shall enjoy all benefits of a regular employee with the exception of employment protection beyond the life of the designated project(s).

Transfer” means a change of an employee from one position to another in the same class or to a position in a comparable class within the borough service. (Ord. 2018-13 § 2, 2018; Ord. 2016-40 § 7, 2016; Ord. 2015-34 § 21, 2015; Ord. 2012-39 § 12, 2012; Ord. 2009-28 § 27, 2009; Ord. 2006-70 § 9, 2006; Ord. 2003-58 §§ 22 – 28, 2003; Ord. 98-009 § 16, 1998; Ord. 96-047 § 6, 1996; Ord. 94-050 §§ 6, 7, 1994; Ord. 89-100 § 2, 1989; Ord. 86-017 § 18, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.472.)

2.32.020 Statement of purpose.

A. The purpose of this chapter is to implement and give effect to the requirements of the Fairbanks North Star Borough to establish and operate a system of personnel administration based upon equitable merit principles and professional methods governing the recruitment, selection, employment, transfer, removal, discipline, welfare of employees, and other factors of borough employment.

B. It is the general intent of this chapter to establish policies which will serve as a guide to administrative action concerning the various personnel activities and transactions. Additional personnel procedures and regulations will be issued periodically by the mayor to clarify or amplify this chapter in greater detail.

C. It is the specific intent of these policies to assist in the accomplishment of the following objectives:

1. To recruit, select and advance employees on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointment;

2. To assist in the accomplishment of equal employment opportunity objectives of the borough;

3. To assure fair treatment of applicants and employees in all aspects of personnel administration with proper regard for their privacy and constitutional rights as citizens;

4. To encourage efficient operation and production of all borough employees through professional personnel administration, toward the end of providing optimal service to the public. (Ord. 98-009 § 1, 1998; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.011.)

2.32.030 Scope of coverage.

A. Unless a section of this chapter specifically provides otherwise, this chapter applies to all borough employees, except as follows:

1. Elected officials and casual employees;

2. Members of citizen boards and commissions;

3. All persons who are appointed to serve without compensation;

4. The borough clerk and deputy borough clerk, who are appointed by and serve at the pleasure of the assembly, and whose terms, wages, hours, and conditions of employment are determined by the assembly;

5. Employees represented by a certified or recognized collective bargaining agent to the extent that a specific provision of a collective bargaining agreement which covers the wages, hours, or working conditions of said employees cover a subject also covered by this chapter, in which case the provisions of the collective bargaining agreement shall apply;

6. Employees employed under the terms of a special grant to the extent that a specific provision of the grant covers a subject covered by this chapter, or by a collective bargaining agreement, in which case the provisions of the grant shall apply.

B. Except as otherwise provided in this section, all borough employees shall be classified in one of the following categories: appointed employees, executive/administrative/professional employees, and classified employees.

1. Appointed employees shall consist of:

a. The chief of staff, special assistants to the mayor, who are appointed and promoted by, and serve at the pleasure of, the mayor; and

b. The borough attorney who is appointed and dismissed by the mayor with the consent of the assembly.

2. Executive/administrative/professional employees as defined by state and federal law.

3. Classified employees shall consist of all borough employees who are not appointed or executive/administrative/professional employees or otherwise classified in this section.

C. Employees covered under this chapter are subject to the rules of this chapter. Terms in this chapter govern all employees not represented by a collective bargaining unit and no previous administrative practices or other guarantees create any implied or other rights. For terms not addressed in this chapter, the monetary terms of the APEA-negotiated agreement shall be applied to confidential nonexempt employees and the monetary terms of the ASEA-negotiated agreement, except the base salaries for appointed employees shall be applied to confidential exempt employees. (Ord. 2015-34 § 2, 2015; Ord. 2009-28 § 2, 2009; Ord. 2006-70 § 2, 2006; Ord. 2003-58 § 2, 2003; Ord. 98-009 § 2, 1998; amended during 1993 republication; Ord. 85-137 §§ 2, 3, 1985; Ord. 86-017 § 9, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.021.)

2.32.040 Amendments and variances.

The borough mayor shall have the authority to vary or modify the strict application of the provisions of this chapter in specific cases in which the strict application of a particular provision would result in significant operating difficulties; however, the presiding officer of the borough assembly will be advised of any such modification in writing within three working days of such variance. Permanent modification of this chapter shall be by formal amendment. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.031.)

2.32.050 Appointments.

The borough shall establish and maintain a formal recruitment policy that ensures that employment actions taken to fill position vacancies shall be made solely on the basis of merit. This impartial evaluation will involve the following:

A. The applicant’s level of training, education, background check, and on-the-job experience relative to the minimum stipulated requirements of the position vacancy;

B. Preference rights, in accordance with state and/or federal law, shall be granted to a veteran, war widower or war widow in employee selection in cases where the applicants’ qualifications are equal. If all qualifications are equal, the veterans, war widowers or war widows who are employees shall be given preference over nonveterans in release actions, provided such preference would not result in conflict with a collective bargaining agreement provision;

C. The minimum age requirements for employment by the borough shall be in accordance with the minimum age requirements prescribed by Alaska Statutes. (Ord. 2016-40 § 8, 2016; Ord. 2009-28 § 3, 2009; Ord. 98-009 § 3, 1998; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.041.)

2.32.060 Categories of appointments.

The following categories are utilized in the context of borough employment:

A. Regular. This is a position that does not have a specified terminal date, is included as a part of the annual operating budget, and is considered to be a part of the regular staffing complement.

B. Term. Positions funded for more than six months, but less than two years, with a projected terminal date which may be adjusted according to funding limitations or completion of work. Employees hired to fill such vacancies shall enjoy all benefits of the regular category, with the exception of employment protection beyond the life of the designated project(s).

C. Casual. Positions that are temporary in nature not to exceed 1,040 hours in one calendar year period, unless the current assignment is to replace a regular employee on leave (including FMLA, leave of absence or paid leave). In such a case, the casual employee may be retained until the regular employee returns. Casual employees who maintain casual status for 12 months or more are limited to working 14 hours or less per week.

Casual employees are not eligible for holiday pay, leave with pay, retirement, or medical, hospitalization, life and accident insurance benefits extended to regular and term employees. Specific work rules and employment conditions for casual employees shall be established through borough policy and procedure. (Ord. 2012-39 § 2, 2012; Ord. 2009-28 § 4, 2009; Ord. 2006-70 § 3, 2006; Ord. 2003-58 § 3, 2003; Ord. 98-009 § 4, 1998; Ord. 94-050 § 2, 1994; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.051.)

2.32.070 Special salary provisions.

A. Any nonexempt employee employed on a workweek schedule of less than full-time shall be compensated on the basis of the hourly rate established for the pay grade in the pay plan for actual hours worked. Exempt employees less than full-time shall be compensated on the basis of the percent of full time (FTE).

B. Casual employees shall be compensated at the hourly rate specified by the appointing authority or his designee at the time of position authorization. (Ord. 2009-28 § 5, 2009; Ord. 2003-58 § 4, 2003; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.061.)

2.32.080 Hours of work – Workweek.

Department directors shall determine the number of weekly and daily hours of work to be scheduled within the designated workweek applicable to their respective departments, in accordance with budget authorization. The borough workweek is deemed to begin at 12:01 a.m. on Monday and conclude at 12:00 a.m. (midnight) on Sunday. (Ord. 2015-34 § 3, 2015; Ord. 86-017 § 10, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.071.)

2.32.090 Personnel records and general files.

The human resources director shall provide for the maintenance of a records system which shall consist of three types of matter:

A. Personnel Record. The personnel record is a file of those documents which reflect an individual employee’s complete status as an employee from date of hire to termination.

1. The personnel record includes, but is not limited to, the individual employee’s employment application, performance appraisals, progress reports, disciplinary actions (except oral counselings), and personnel actions.

2. Personnel records are confidential and are not open to public inspection except as provided in this section.

a. The following information is available for public inspection, subject to reasonable regulations on the time and manner of inspection, as determined by the human resources director:

i. The names and position titles of all borough employees;

ii. The position held by the borough employee;

iii. Prior positions held by the borough employee;

iv. Whether the borough employee is nonexempt, exempt/professional or management;

v. The dates of employment (hire and separation dates);

vi. The compensation authorized for the borough employee.

b. Any other personnel records are subject to disclosure only upon written consent of the applicant or employee, by court order, or as otherwise required by law.

3. A borough employee has the right to examine the employee’s own personnel files and may authorize others to examine those files. Supervisors may inspect personnel records of employees and potential employees.

4. A copy of all material placed in the employee’s personnel record shall be furnished to the employee.

5. Any review of personnel records shall be conducted in the presence of the staff of the department of human resources, and no document shall be removed without the authorization of the human resources director, or designee.

B. General Personnel Files. The general personnel files and all other matters dealing with, but not limited to, recruitment, placement, benefits administration, labor relations, wage and salary, training, policy determinations, and other nonpersonalized employee relations data and documentation.

C. Confidential Medical Records. Information obtained regarding the medical condition or history of an applicant or an employee required by law to be kept as a confidential record.

1. All medical records shall be collected and maintained on separate forms and in separate medical files.

2. These records shall be kept confidential and shall not be disclosed, reviewed, or used except as permitted by law. (Ord. 2015-34 § 4, 2015; Ord. 2009-28 § 6, 2009; Ord. 2006-70 § 4, 2006; Ord. 2003-58 § 5, 2003; Ord. 98-009 § 5, 1998; Ord. 86-017 § 11, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.081.)

2.32.100 Position classification plan.

The borough mayor shall direct the establishment and continued maintenance of a position classification plan applicable to all employees. This classification plan shall establish a system by which all jobs in the borough are evaluated according to required expertise, financial responsibility, level of decision and/or policy influence, and internal salary equity, with market consideration given. This plan will reflect the borough salary schedule. (Ord. 2003-58 § 6, 2003; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.091.)

2.32.110 Applicant prerequisites.

A. All information provided by an applicant on the employment application or a resume shall be subject to investigation and verification. The borough may also elect to conduct background investigations. Should such applicant-provided data prove to be false or deceptive, the applicant will be rejected; should the applicant have been employed, he will be subject to dismissal.

B. No questions in any interview, test, or application form shall be so framed as to elicit information concerning race, age, sex, color, disability, national origin, marital status, parenthood, political or religious affiliation for the purpose of discrimination. (Ord. 2009-28 § 7, 2009; Ord. 98-009 § 6, 1998; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.101.)

2.32.120 General appointment policy.

The borough’s general appointment policy is based upon the following criteria:

A. The borough is committed, by policy and preference, to afford all individuals who have the necessary qualifications an equal opportunity to compete for employment and advancement with the borough. To assure equal opportunity, the borough shall formulate and implement procedures to ensure that there shall be no illegal discriminatory treatment concerning any individual or group because of race, religion, color, national origin, sex, age, marital status, changes in marital status, mental or physical disability, pregnancy or parenthood;

B. The applicant’s level of education relative to the written requirements of the position vacancy;

C. The results of an oral interview conducted by a borough supervisor who has been delegated the authority to hire, or delegated the authority to effectively recommend hiring action;

D. If applicable, the results of a uniform examination or demonstration test, which meet the criteria of applicable equal opportunity employment regulations and statutes. (Ord. 2016-40 § 9, 2016; Ord. 98-009 § 7, 1998; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.111.)

2.32.130 Recruitment/relocations allowance.

A. The borough mayor is empowered to promulgate formal internal policy and operating procedures to reimburse individuals recruited outside the confines of the borough boundaries for documented relocation expenses. This relocation allowance shall be limited to reimbursement of travel and moving expenses for amounts equaling one month’s salary based upon submission of actual receipts.

B. The procedure will take into account borough staffing needs and urgency in filling the position, pay ranges involved, and other peripheral management considerations.

C. An employee who has received a relocation allowance and who terminates his employment prior to having served one year of employment shall be required to repay the borough for such reimbursement on the basis of one-sixth of the total amount reimbursed for each month of the one-year period remaining after date of hire. Amounts to be repaid shall be deducted from the employee’s final pay (i.e., regular pay due, accrued annual leave, and any other payable allowances). Exceptions to this provision are as provided in state law and regulations; such exceptions deal with persons recruited outside the boundaries of the borough who voluntarily terminate their employment. (Ord. 2009-28 § 8, 2009; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.121.)

2.32.140 Preemployment investigations.

The borough mayor may determine that certain positions, because of the unique elements of the job, may be required to undergo a detailed background investigation and establish parameters of past conduct that candidates for employment in these jobs must satisfy in order to be employed or retain employment with the borough. Those positions subject to background investigations shall be specified in the position description. (Ord. 2015-34 § 5, 2015; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.131.)

2.32.150 Probationary period. Revised 6/18

A. All original and promotional appointments shall be tentative, and subject to a probationary period of six consecutive months of service for original appointments and three months for promotional appointments. Absences off the job, excluding approved paid leave, shall not be counted and will extend the probationary period by the number of days absent.

B. During the initial six-month period of employment, probationary employees may be terminated at any time if the supervisor, acting in good faith, is actually dissatisfied with the employee’s performance.

C. Upon completion of six months’ continuous service satisfactory to the supervisor, the probationary employee shall be deemed to have demonstrated his qualifications to fulfill the position. S/he shall then gain regular status within the terms stipulated by the appointing authority in establishing the position. In the event the employee’s performance does not clearly demonstrate the requisite qualifications or is otherwise unsatisfactory to the supervisor, the probationary period may be extended by the department director.

D. In the case of promotional appointments, the promoted employee may be demoted at any time during the probationary period. Such a demoted employee is entitled to reinstatement to the job from which he had been promoted, provided it is still available, even though this necessitates a layoff of the newly hired employee occupying this position. This right of return by demoted employees is valid only if the demotion is for reasons of demonstrated lack of qualifications in the higher position.

E. This section, in its entirety, does not apply to appointed employees. (Ord. 2018-13 § 3, 2018; Ord. 2012-39 § 3, 2012; Ord. 2003-58 § 7, 2003; Ord. 98-009 § 8, 1998; Ord. 96-047 § 5, 1996; Ord. 94-023 §§ 2, 3, 1994; Ord. 86-017 § 12, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.141.)

2.32.160 Attendance.

A. All borough departments shall maintain uniform records of employees’ hours of work, to include absences, in accordance with procedures approved by the borough mayor.

B. Borough employees shall not absent themselves from their scheduled workday without prior approval of their appropriate supervisor, and such absences must be in accordance with these regulations. Employees who fail to report for work at the designated time shall make every reasonable effort to notify their supervisor as to the circumstances requiring such absence; but, in no case will an employee be absent for more than one day without obtaining prior approval for such leave.

C. Any unauthorized absence of an employee from duty shall be deemed to be absence without pay if allowable by law, and may be deemed just cause for disciplinary action, notwithstanding the fact that the employee may have available accrued leave at the time. (Ord. 2015-34 §§ 6, 7, 2015; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.151.)

2.32.170 Leave without pay. Revised 6/18

A. Regular employees may be granted leave without pay for periods not to exceed 12 months, provided such leave can be scheduled without adversely affecting operations of the employing department and will not have a negative financial impact. Prior to entering a leave without pay status, all accrued leave must be exhausted, including accrued compensatory time or other types of leave, except that an employee may elect to maintain the equivalent of 10 days in their leave account. All requests for leave must be submitted in writing, shall be directed to the borough mayor, or his designee, through the supervising department director, and shall contain strong justification for approval.

B. Leave without pay shall be considered for the following reasons:

1. Emergency or Compassionate Leave. Leave may be granted to employees when it is determined that unforeseeable circumstances of an emergency nature involving their immediate family would dictate their continued and immediate presence; normally this would involve a serious illness, death or other similar catastrophe not covered under other available leave policies or laws;

2. Educational Leave. Employees may be granted leave of absence for the purpose of completing college degree requirements or technical training; provided such education or training is directly applicable to the position they hold with the borough. Approved considerations include:

a. Available budgetary funding,

b. If the employee is receiving financial educational assistance from any other source,

c. Timeliness of employee request to the department director (a minimum of 10 days prior to course registration);

3. Long-Term Leave. An employee may request long-term leave without pay for a period not to exceed 12 months. Long-term leave is subject to cancellation by the mayor at any time upon prior written notice to the employee, specifying a reasonable date of termination of the leave.

C. Employees on leave without pay are not eligible for holiday pay and do not accrue personal leave. (Ord. 2018-13 § 4, 2018; Ord. 2012-39 § 4, 2012; Ord. 2009-28 § 9, 2009; Ord. 2003-58 § 8, 2003; Ord. 98-009 § 9, 1998; Ord. 86-017 § 13, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.161.)

2.32.180 Administrative leave.

The borough mayor or his designee may approve administrative leave (leave during which an employee does not suffer a loss of pay) for the following reasons:

A. Court Leave. Employees who are summoned for jury duty or are subpoenaed as a witness for a borough work-related matter shall not suffer a loss in base pay or fringe benefits. However, fees paid to the employee by the court system will be transferred to the borough.

B. Military Leave.

1. Employees who are absent from employment by reason of service in the uniformed services shall be entitled to employment benefits and reemployment rights and benefits in accordance with federal law.

2. Employees who are members of the active military reserve or National Guard shall not suffer a loss in pay or other employee fringe benefits due to annual training requirements, so long as such call-up does not exceed 16 and one-half calendar days in one year. The employee must provide bona fide military travel orders and pay receipts at the conclusion of such leave to qualify for this provision. Employees must return to their borough position immediately after training concludes and remit to the borough all salary received as compensation for such duty in order to be eligible for pay and benefit continuation under this section; failure to comply will result in cessation of pay beginning the day the employee departed. Employees called to duty shall be entitled to employment benefits and reemployment rights in accordance with federal law. Employees must return to their borough position within the time frames as established by the Uniform Service Employment and Reemployment Rights Act (USERRA).

C. Funeral/Bereavement Leave. Employees shall be allowed time off work without loss of pay not to exceed three days, in the event of a recent death (within last 12 months) in the employee’s immediate family, for the purpose of attending the funeral or memorial service, making necessary arrangements, family support or other similar circumstances.

D. Incentive/Award Leave. The mayor may authorize leave as an award or incentive as appropriate such as paid time off for employee of the month, service awards, or other circumstances. (Ord. 2009-28 §§ 10, 11, 12, 2009; Ord. 2003-58 § 8, 2003; Ord. 98-009 § 10, 1998; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.171.)

2.32.190 Employee transfers.

Employees may be transferred within a department or from one department to another, with the concurrence of the borough mayor or his designee; however, no employee shall be involuntarily transferred to a position for which he does not possess the minimum qualifications, except on a trainee basis. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.181.)

2.32.200 Employee promotions.

No employee will be promoted unless he or she fulfills the specified minimum job requirements of the vacant position. (Ord. 2003-58 § 9, 2003; Ord. 86-017 § 14, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.191.)

2.32.210 Reductions in force/layoff.

When substantial changes in the organization, lack of funds, or lack of work require that the appointing authority implement a reduction in the workforce, reasonable attempts will be made to integrate those employees subject to layoff into another department by transfer, providing they meet the minimum qualifications of existing openings. When more than one employee in the same classification is subject to layoff, retention shall be based upon demonstrated past job performance. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.201.)

2.32.220 Conflict of interest.

No borough employee shall accept outside employment or engage in an activity that:

A. Violates Chapter 6.32 FNSBC or otherwise conflicts with the interests of the borough or in any way reflects unfavorably upon the borough;

B. Is not compatible with the employee’s borough work;

C. Detracts from the employee’s efficiency in the performance of borough work.

No borough employee shall be a contractor to the borough or be employed by a contractor on borough matters while receiving a wage from the borough. (Ord. 2002-08 § 3, 2002; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.211.)

2.32.230 Travel and host reimbursement.

When employees or members of the borough assembly are required to travel outside the borough on official business, or when they incur approved out-of-pocket expenses in the conduct of official business, reimbursement or advance payment shall be in accordance with the following guidelines:

A. Travel on official business outside the borough by a single employee or member of the borough assembly shall be via public carrier and at the most economical fare possible (e.g., coach airfare and economy limousine service).

B. If, for extenuating circumstances, the employee or member of the borough assembly is authorized or required to travel by private vehicle, the employee or member of the borough assembly shall be paid mileage at the Federal Internal Revenue Service rate of reimbursement, or the negotiated rate with the labor unions, whichever amount is greater, not to exceed the cost of equivalent coach airfare. This mileage authorization includes a reimbursement for fuel, insurance, parking, mechanical repairs, and any other out-of-pocket expenses associated with such travel by private vehicle. Travel between Fairbanks and Anchorage via private carrier will be reimbursed at a flat rate of $250.00 per trip, as defined in the borough travel policy, unless travel in this manner is required by the borough.

1. Reimbursement or advance payment for subsistence expenditures on official trips shall be based on a rate of $54.00 per day or the negotiated rate with the labor unions, whichever amount is greater. Partial days shall be paid in one-third-day increments.

2. Claims for reasonable lodging expenses and destination ground transportation shall be supported by and reimbursed in accordance with actual receipts.

C. Recognizing that it is in the best interest of the borough for its representatives to host appropriate officials at luncheons or dinners, the borough mayor may authorize advance payment for reasonable hosting expenses incurred by borough employees, and the presiding officer of the borough assembly may authorize advance payment for reasonable hosting expenses incurred by members of the borough assembly.

D. An employee or member of the borough assembly may request an advance payment equal to 100 percent of anticipated expenses covered under this section. Expenses paid in advance must be substantiated by receipts, invoices, ticket stubs, etc., within five working days of the employee’s return date. Overpayments shall be returned to the borough. If an employee or member of the borough assembly shall fail to submit all documentation required by the borough mayor or the presiding officer of the borough assembly within five working days of completion of travel for which advance payment was made, the mayor may deduct from an employee’s pay and the presiding officer may deduct from the pay of an assembly member the full amount of funds advanced, during the next regular payroll. All funds so deducted shall be paid to the employee or assemblymember upon submission of all required documentation. (Ord. 2009-28 §§ 13, 14, 2009; Ord. 2006-70 § 5, 2006; Ord. 2003-05 § 2, 2003; Ord. 2000-20-1G § 2, 2000; Ord. 98-009 § 11, 1998; Ord. 88-019 § 2, 1988; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.221.)

2.32.240 Training.

It is the policy of the borough to encourage employees to avail themselves of training/education opportunities directly applicable to their borough position in order that employees may render more effective service to the public.

A. All requests for training or additional education shall be made in advance and must include curriculums, itineraries, agendas or other available materials, be accompanied by a detailed cost breakdown, and shall be directed to the borough mayor or chief of staff. In order to receive consideration, all such requests should clearly identify how the proposed training/education will benefit the borough and enhance the employee’s credentials in performing current functions.

B. Approval of such training/educational assistance shall be contingent upon current budgetary funding, and operational requirements of the department. The department director shall recommend approval or denial to the mayor or chief of staff.

C. Education Opportunities (College Courses/Higher Education).

1. After approval, and upon presentation of documentation showing satisfactory completion of the course (C or higher, pass if grading is pass/fail), employees will be reimbursed for tuition, required text materials, and academic mandatory fees, unless prepayment is specifically approved in writing by the mayor or chief of staff.

2. Employees who are attending and completing college coursework will be in an unpaid or approved leave status while absent from the job, unless paid release time is specifically approved in writing by the mayor or chief of staff. Flex time or an alternate work schedule may be authorized, per established protocols.

D. Training Opportunities (Conferences, Seminars, Workshops, etc.). Approval for training opportunities (conferences, seminars, workshops, etc.) shall be authorized and processed on a travel authorization form, if travel is required, or by purchase order for local offerings. Employees authorized and approved to attend conferences, seminars, workshops, etc., shall be considered in work status, and paid accordingly.

E. Employees who resign prior to completing one year of service after receiving educational/training reimbursement shall be required to pay back the borough for such prior reimbursement, on a pro-rated basis, unless such payback is waived in writing by the mayor or chief of staff. The amount will be reduced by 1/12th for each month of employment from the completion of the college course, conference, seminar or workshop date to the date of termination. Such payback shall be deducted from the employee’s final pay or shall be paid directly to the borough if adequate funds are not available. (Ord. 2013-46 § 2, 2013; Ord. 2003-58 § 10, 2003; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.231.)

2.32.250 Relatives in the borough service.

Two members of an immediate family shall not be employed at the same time, regardless of the administrative department, if such employment will result in an employee supervising any member of his immediate family, or if conditions are such that the confidentiality of official borough business is endangered. The provisions of this section shall apply to recruitment, promotions, demotions, transfers, reinstatements and new appointments. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.251.)

2.32.260 Employee job performance appraisal.

A. The borough mayor shall cause to be developed and implemented a formal system by which each borough employee’s job performance is evaluated in accordance with the following schedule:

1. Probationary employees will be evaluated after completing three months of service; and again immediately prior to completion of the six-month probationary period.

2. After completion of probation, all regular employees will be evaluated annually.

a. Employees will advance to the next higher step on the salary schedule on July 1st of each year, subject to satisfactory performance as noted in a written performance evaluation, due on or before June 1st of each year. If the employee received “does not meet expectations” performance rating in any category, they shall not be eligible for a step increase. Specific examples are required in the performance evaluation if any category denotes “does not meet expectations.” Employees should not learn of deficiencies for the first time in an evaluation. If a supervisor fails to timely complete the required performance evaluation, the employee shall be eligible for the merit step.

3. All categories of employees (regular, term and casual) will be formally evaluated at the time of termination and rehire eligibility status documented.

B. All employees will be furnished their evaluations and allowed the uninhibited right to comment thereon. (Ord. 2015-34 § 8, 2015; Ord. 2006-70 § 6, 2006; Ord. 2003-58 § 11, 2003; Ord. 94-050 § 3, 1994; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.261.)

2.32.270 Employee conduct.

Public employees of the borough have, as an integral part of their individual jobs, the obligation to perform their jobs in a manner that will reflect favorably upon the organization.

A. All employees shall be neat and clean in appearance, and dress in a manner that projects a favorable professional image. The borough mayor or his designee may promulgate formal directions relative to public projections.

B. All borough employees shall deport themselves in a manner appropriate to public servants; dealing with the general public and colleagues in a courteous, efficient and helpful manner.

C. Any borough employee who is arrested and convicted of a crime is subject to summary dismissal if, in the opinion of the administration, such conviction would impinge upon, or affect the performance of, the employee’s job-related functions. (Ord. 2015-34 § 9, 2015; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.271.)

2.32.280 Cost consciousness.

All borough employees shall practice every economy possible in the discharge of their duties. Failure to follow this principle shall be considered negligence. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.281.)

2.32.290 Work rules and standards of conduct.

The borough mayor is empowered to promulgate, implement, and enforce reasonable and equitable regulations governing work rules and standards of conduct in the workplace. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.291.)

2.32.300 Causes for disciplinary action.

A. Employees of the borough are expected to follow the generally accepted rules of conduct, whether posted or not. Examples of general categories of offenses which require disciplinary action are: absenteeism, carelessness and negligence, insubordination, failure to follow instructions, unauthorized use of borough equipment, horseplay while on duty, failure to observe personal appearance standard, inappropriate conduct/discourtesy, unauthorized outside employment, poor attitude, preventable vehicle accident, safety violations, and substandard performance. This is not an all inclusive listing of the rules of the workplace.

B. Fighting, dishonesty (to include falsification of official records), confidentiality breaches, assault, use, possession or being under the influence of alcoholic beverages, controlled substances or prohibited narcotics while on duty, willful destruction of borough property, theft, sleeping on the job, harassment, gross insubordination, and gross negligence are among those offenses that, depending upon the circumstances, warrant immediate dismissal for cause. This is not an all inclusive list. (Ord. 2015-34 § 10, 2015; Ord. 2009-28 § 15, 2009; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.301.)

2.32.310 Forms of disciplinary action. Revised 6/18

A. It is the responsibility of all borough directors and supervisors to assure that work rules and generally accepted standards of conduct are complied with by the borough workforce in order to maintain efficiency and order. This shall be accomplished through the process of uniform and equitable administration of discipline. Disciplinary action shall range from verbal admonishment, letters of reprimand, and suspension from duty without pay to dismissal for just cause, all to be administered according to the accepted principles of proper management. However, no executive/administrative/professional (FLSA exempt) employee shall be subject to suspension without pay of less than full day increments.

B. For all but major breaches of work rules, discipline should be administered in increasingly progressive severity; and be appropriate for the offense or incident. The borough subscribes to the accepted management principle that the purpose of a system of discipline is to rehabilitate employees.

C. All forms of disciplinary action, excluding verbal admonishments, must be in writing, state the full circumstances surrounding the incident (e.g., incident, date, time, and the precise discipline administered), and contain a notation requesting the employee’s comments. A copy of the action shall be given to the employee, and a copy placed in the employee’s personnel file, after the individual has acknowledged receipt by signature. Disciplinary actions shall be removed from the personnel file after two years (or a lesser time if mutually agreed to by the parties) of issuance if there have been no further incidents. Files for terminated employees shall be preserved at the date of termination and any disciplinary action in the employee’s file at the time of termination will remain. (Ord. 2018-13 § 5, 2018; Ord. 2015-34 § 11, 2015; Ord. 2012-39 § 5, 2012; Ord. 2004-76 § 2, 2005; Ord. 2003-58 § 12, 2003; Ord. 98-009 § 12, 1998; Ord. 96-047 § 4, 1996; Ord. 85-137 § 4, 1985; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.311.)

2.32.320 Review of disciplinary actions. Revised 6/18

A. The procedures outlined in this section shall apply to disciplinary actions other than dismissal taken against borough employees, except that:

1. This section shall not apply to employees covered by a collective bargaining agreement. Disciplinary actions taken against such employees shall be governed solely by the collective bargaining agreement which applies to the affected employee.

2. This section shall not apply to appointed employees or to employees designated in FNSBC 2.32.030(A)(1) through (4).

B. Employees against whom disciplinary action other than dismissal is taken or proposed shall have the right to request an appeal hearing before the borough mayor or his or her designee. The employee shall serve written demand for said hearing on the mayor not later than five working days following the employee’s receipt of written notice of the disciplinary action. Failure to serve demand for a hearing within said time limit, or to appear at a hearing scheduled in response to such a demand, shall constitute a waiver by the affected employee of the right to said hearing. The affected employee may request disqualification of the mayor or other hearing officer by filing an affidavit stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be afforded. The employee shall serve the affidavit on the mayor not later than five working days following the employee’s receipt of written notice of the hearing. The mayor shall consider disqualification requests concerning a hearing officer and, if granted, appoint another hearing officer. If the employee requests disqualification of the mayor, the borough attorney shall consider the request and, if granted, appoint a hearing officer. The mayor or hearing officer may, but is not required to, suspend imposition of the disciplinary action pending the appeal. The mayor or hearing officer may affirm the disciplinary action, impose a lesser disciplinary action, or prohibit the imposition of discipline against the employee for incidents examined at the hearing. (Ord. 2018-13 § 6, 2018; Ord. 2016-40 § 10, 2016; Ord. 96-047 § 2, 1996. 2004 Code § 2.24.321.)

2.32.330 Review of dismissal actions – Pre-termination hearings. Revised 6/18

A. The procedures outlined in this section shall apply to dismissal actions proposed against employees holding regular positions, except that:

1. Dismissal actions against employees covered by a collective bargaining agreement that provides for grievance procedures and arbitration shall be governed solely by the provisions of the collective bargaining agreement; and

2. This section shall not apply to appointed employees or to employees designated in FNSBC 2.32.030(A)(1) through (4).

B. Prior to dismissal, the supervisor shall provide the employee with written notice of the proposed dismissal, a statement of the reasons for the proposed dismissal, a statement of the evidence supporting the reasons, and notice of the employee’s right to request a hearing in accordance with this section.

C. Probationary employees against whom dismissal action is proposed shall have the right to request an appeal hearing before the borough mayor or his or her designee. The employee shall serve written demand for said hearing on the mayor not later than five working days following the employee’s receipt of written notice of the proposed dismissal action. Failure to serve demand for a hearing within said time limit, or to appear at a hearing scheduled in response to such a demand, shall constitute a waiver by the affected employee of the right to said hearing. The affected employee may request disqualification of the mayor or other hearing officer by filing an affidavit stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be afforded. The employee shall serve the affidavit on the mayor not later than five working days following the employee’s receipt of written notice of the hearing. The mayor shall consider disqualification requests concerning a hearing officer and, if granted, appoint another hearing officer. If the employee requests disqualification of the mayor, the borough attorney shall consider the request and, if granted, appoint a hearing officer. Dismissal shall become effective:

1. If the employee fails to timely demand a hearing, upon the expiration of the five-working-day time limit set forth above; or

2. If the employee timely demands a hearing, upon the date the employee waives the hearing by failing to attend or upon the date on which the mayor or hearing officer issues a decision affirming the dismissal action, whichever shall first occur.

The mayor or hearing officer may extend the employee’s probationary period, or affirm the dismissal if the supervisor, acting in good faith, is actually dissatisfied with the employee’s performance.

D. Regular employees against whom dismissal action is proposed shall have the right to request a hearing. The hearing shall be before a review board unless either party requests an arbitrator.

1. The affected employee shall serve written demand for the hearing on the mayor or his or her designee not later than five working days following the employee’s receipt of written notice of the proposed dismissal action. If the written notice of the proposed dismissal action does not specify a hearing by an arbitrator the affected employee must, if a hearing before an arbitrator is desired, include that request in the employee’s demand for a hearing. Failure to serve demand for a hearing within the time limit, or to appear at a hearing scheduled in response to such a demand, shall constitute a waiver by the affected employee of the right to the hearing. Dismissal shall become effective:

a. If the employee fails to timely demand a hearing, upon the expiration of the five-working-day time limit set forth above; or

b. If the employee timely demands a hearing, upon the date the employee waives the hearing by failing to attend or upon the date on which the board issues a decision affirming the dismissal action, whichever shall first occur.

2. If either party makes a timely request for an arbitrator, the parties shall meet, within 10 working days after receipt of the request, and endeavor to agree upon a panel of nine arbitrators. If no agreement is reached, the parties shall request the American Arbitration Association or the Federal Mediation and Conciliation Service to provide a listing of nine arbitrators. The parties shall select an arbitrator from the panel by alternatively striking names from the list; the order of striking shall be determined by the toss of a coin flipped by the employee and called by the borough. The losing party shall pay expenses incident to the services of the arbitrator. If no losing party can be determined, the expenses shall be apportioned in an equitable manner as determined by the arbitrator.

If neither party requests that the hearing be conducted by an arbitrator, the mayor shall appoint a disciplinary review board. The review board shall consist of three persons, including at least one managerial/professional employee of the borough who works in a division of the borough administration different from the department in which the affected employee works; and at least one private citizen, who is neither employed by nor under contract to the borough. The affected employee may request disqualification of any member of the review board by filing an affidavit stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be afforded. The employee shall serve the affidavit on the mayor or his or her designee not later than five working days following the employee’s receipt of written notice of the appointment of the review board. The mayor shall consider disqualification requests concerning review board members and, if granted, appoint another member.

3. The board or arbitrator shall conduct a hearing on the matter as soon as reasonably practicable after service of demand for said hearing upon the mayor or his or her designee. The board or arbitrator shall provide the affected employee with at least five working days’ notice of the date and place of hearing and shall provide both the affected employee and a representative of borough management with an opportunity to exercise the following rights at the hearing:

a. To testify;

b. To present witnesses and other evidence;

c. To cross-examine witnesses;

d. To be represented by a person of his choice.

The parties shall cooperate with each other and shall provide all relevant documents requested by the other unless barred by law from disclosure. The parties shall cooperate in making all witnesses available for interview as requested by the other. The parties shall exchange exhibits at least 10 days before the hearing. If additional information becomes available between submission of exhibits and the hearing, that information will be made available to the other party immediately.

4. The board or arbitrator shall conduct the hearing as specified above and, after considering the evidence presented at the hearing, shall determine whether there is just cause to dismiss the employee. The board or arbitrator may affirm the dismissal, impose a lesser disciplinary action, or prohibit the imposition of discipline against the employee for incidents examined at the hearing. If the review board conducts the hearing, the affirmative vote of two members shall constitute the decision of the board. All decisions shall be in writing and shall be issued as soon as reasonably practicable following termination of the hearing.

5. The review board or arbitrator shall deliver or mail its decision to the affected employee, and the decision is final unless the affected employee appeals the decision to the superior court not later than 30 days after the date on which the decision was delivered or mailed to the employee. The court shall review the matter on the record. The case shall not be tried de novo. The Rules of Appellate Procedure of the state of Alaska shall apply to the case. (Ord. 2018-13 §§ 7, 8, 2018; Ord. 2016-40 § 11, 2016; Ord. 2009-28 §§ 16, 17, 2009; Ord. 2003-58 §§ 13, 14, 2003; Ord. 2000-55 § 2, 2000; Ord. 96-047 § 2, 1996. 2004 Code § 2.24.322.)

2.32.340 Safety.

A. It is the responsibility of all levels of borough management to ensure that prudent safety rules and precautions are developed, implemented and observed.

B. Failure of borough employees to comply with safety requirements and regulations shall be just cause for disciplinary action to include dismissal. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.331.)

2.32.350 Protection for whistleblowers.

A. Persons Protected.

1. The borough may not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because:

a. The employee, or a person acting on behalf of the employee, reports to a public body or is about to report to a public body a matter of public concern; or

b. The employee participates in a court action, an investigation, a hearing, or an inquiry held by a public body on a matter of public concern.

2. The borough may not disqualify an employee or other person who reports a matter of public concern or participates in a proceeding connected with a matter of public concern before a public body or court, because of the report or participation, from eligibility to bid on contracts with the borough, receive land under a borough ordinance, or receive another right, privilege, or benefit.

3. The provisions of this section do not:

a. Require the borough to compensate an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;

b. Prohibit the borough from compensating an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;

c. Authorize the disclosure of information that is legally required to be kept confidential; or

d. Diminish or impair the rights of an employee under a collective bargaining agreement.

B. Limitation to Protections.

1. A person is not entitled to the protections under this section unless the person reasonably believes that the information reported is or is about to become a matter of public concern and reports the information in good faith.

2. A person is entitled to the protections under this section only if the matter of public concern is not the result of conduct by the person seeking protection or is the result of conduct by the person that was required by the person’s employer.

3. Before an employee initiates a report to a public body on a matter of public concern under this section, the employee shall submit a written report concerning the matter to the borough mayor. However, the employee is not required to submit a written report if the employee believes with reasonable certainty that the activity, policy, or practice is already known to the mayor or that an emergency is involved. The protections of subsection (A) of this section apply to reports made to the borough mayor under this section.

C. Relief and Penalties.

1. A person who alleges a violation of this section may bring a civil action and the court may grant appropriate relief.

2. A person who violates or attempts to violate this section is also liable for a civil fine of not more than $10,000.

D. Definitions. In this section:

Employee” or “public employee” means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for the borough;

Matter of public concern” means:

1. A violation of a state, federal, or municipal law, regulation, or ordinance;

2. A danger to public health or safety; or

3. Gross mismanagement, a substantial waste of funds, or a clear abuse of authority;

Public body” includes an officer or agency of:

1. The federal government;

2. The state;

3. A political subdivision of the state including another municipality or a school district;

4. A public or quasi-public corporation or authority established by state law including the Alaska Railroad Corporation; and

5. The University of Alaska. (Ord. 98-008 § 2, 1998. 2004 Code § 2.24.340.)

2.32.360 Indemnification.

A. Except as otherwise precluded by law, all obligations by the borough to indemnify, hold harmless or defend an employee in an individual capacity are subject to the conditions and limitations set forth in this section. If an indemnified employee or former employee does not comply with this section, the borough may elect not to defend, not to indemnify or not to defend or indemnify.

B. The borough shall defend, indemnify and hold harmless an employee or former employee against a claim filed in a civil or administrative action and resulting from any conduct, act or omission of such employee within the scope of borough employment.

C. No obligation to indemnify, hold harmless or defend shall apply to the contest of a traffic citation or any claim against an employee:

1. Based on the gross negligence, willful, malicious, dishonest, fraudulent or criminal conduct of the employee;

2. Based on conduct that was not undertaken in the reasonable belief that the act or omission was in the best interest of the borough;

3. Brought by or on behalf of the borough;

4. For any fine resulting from a traffic citation; or

5. For punitive or exemplary damages.

D. No obligation to indemnify, hold harmless or defend shall apply to any claim against an employee arising as the result of the employee’s decision to intervene in any action or an employee filing a claim against the borough.

E. The borough’s obligations imposed in this section shall be available only after application of any other available insurance. No obligation to indemnify, hold harmless or defend by the borough shall apply to the extent that the employee is indemnified or defended pursuant to an agreement between the borough and a third party or under a policy of insurance provided by or on behalf of the borough.

F. The borough may purchase insurance to cover its obligations to defend, indemnify, and hold harmless. Nothing in this section or in any other indemnity/defense agreement shall limit the coverage of any policy of insurance or agreement between the borough and a third party that would otherwise provide for the indemnification or defense of an employee. Nothing in this section or any other indemnity/defense agreement shall be construed as waiving the defense of governmental immunity otherwise available to the borough or its employees.

G. Whether or not the borough is obligated to indemnify, hold harmless or defend shall be determined by the risk manager. The risk manager may assume the defense under a reservation of rights. The borough’s decision to indemnify, hold harmless, or defend a claim does not require the borough to continue to indemnify, hold harmless or defend the claim, nor does it require that the borough indemnify or hold harmless an employee against any resulting judgment, fine or amount paid in settlement. No assumption by the borough of the indemnification or defense of a claim shall be construed as a waiver by the borough of any right, condition or limitation of this section nor shall it preclude the borough from taking any disciplinary or other employment action against the employee.

H. The borough shall have no duty to defend, indemnify or hold harmless if the employee fails to reasonably cooperate in the defense and settlement of a claim. Reasonable cooperation includes, without limitation, the following:

1. Promptly giving the risk manager written notice of any incident potentially giving rise to a claim against the employee that includes all information concerning the incident known to the employee.

2. Promptly delivering to the risk manager any claim, demand, notice, summons or other process received by the employee and relating to the claim.

3. Cooperating with the borough attorney or attorney retained by the borough in defending the claim including without limitation attending interviews, depositions, hearings and trials, responding to discovery requests and assisting in securing and giving evidence and obtaining the attendance of witnesses.

4. Assisting the borough in recovering any award for subrogation, contribution or indemnity against any third person that may arise from the claim from which the borough indemnifies or defends the employee.

5. The employee shall not, except at their own cost, voluntarily make any payment, assume any liability or obligation or incur any expense other than for the first aid to others at the time of an accident.

6. Provide and/or authorize the borough to obtain records and information reasonably relevant to a proper defense of the claim.

I. The borough shall have the sole right to control the defense and settlement of the claim. The borough may, in its sole discretion, and without the consent or participation of the employee, compromise or settle the claim on any terms that impose no legal or financial obligation upon the employee. Defense of the claim shall be provided by the borough attorney or other attorney designated by the borough in its sole discretion; provided, that where a conflict of interest between the borough and the employee would cause the representation by designated counsel to violate applicable rules of professional conduct, the employee may select other counsel subject to the risk manager’s reasonable approval.

J. After notice by the borough to an employee of the borough’s assumption of the obligation to indemnify, defend or hold harmless an employee with respect to a claim, the borough shall not be liable to an employee for any legal or other expenses subsequently incurred by the employee with respect to the claim. If, however, the employee selects counsel as permitted by this section, the borough shall pay the reasonable fees and costs of such counsel for defense of the employee.

K. To the extent the borough makes payments for defense or indemnity of the employee, the employee must transfer to the borough the employee’s rights of recovery against others related to the claim or loss including the right to recover attorney fees and other costs incurred in the defense of the claim. (Ord. 2015-34 § 12, 2015. 2004 Code § 2.24.341.)

2.32.370 Employee separations.

A. Resignation. To resign in good standing, an employee shall give the appointing authority or his designee not less than 10 working days’ notice prior to the action date of severance, unless the borough mayor or his designee agrees to permit a shorter period for extenuating circumstances. The employee notice of resignation shall be in writing and shall contain the reason for resignation. Failure to comply with this provision shall be entered in the employee’s personnel file, and will be just cause for denying future reemployment.

B. Dismissal. Dismissal actions against employees covered by a collective bargaining agreement that provides for grievance procedures and arbitration shall be governed solely by the provisions of the collective bargaining agreement. Appointed employees and employees designated in FNSBC 2.32.030(A)(4) shall be dismissed in the manner described in FNSBC 2.32.030 for each such employee. No other employee holding a regular position shall be dismissed unless the provisions of FNSBC 2.32.330 have been followed. (Ord. 2009-28 § 18, 2009; Ord. 96-047 § 3, 1996; Ord. 85-137 § 6, 1985; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.351.)

2.32.380 Position descriptions.

The borough shall maintain a position classification (job description) for the various occupations authorized by the organization’s staffing structure. This document will reflect the job title, representative functions of the position, minimum job requirements, and be coordinated with the borough’s classification plan (FNSBC 2.32.100).

A. Reclassification. Positions may be reclassified with authority of the borough mayor whenever the duties of the position have substantially and materially changed.

B. New Positions. The appointing authority (borough mayor) may create new positions, change the classification designations and salaries, provided such actions can be accomplished within the limitations of the current borough budget. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.361.)

2.32.390 Salary plan.

A. The borough shall publish a salary schedule each year in conjunction with the publication of the borough annual budget. Delays caused by extraordinary circumstances such as collective bargaining are excepted.

B. Normally, newly hired employees will be employed at the beginning rate of the appropriate salary range. However, in cases where unusual difficulty has been experienced in filling a vacancy, or when the applicant is exceptionally qualified, the borough mayor may direct the starting salary above the minimum. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.371.)

2.32.400 Payday.

Borough employees shall be paid biweekly every other Wednesday for the previous pay period, as established by the payroll calendar. However, if a designated pay date falls on a holiday, employees shall be paid on the last working day preceding the holiday. Payroll advances are prohibited except that the chief of staff may approve an exception for unforeseen events or circumstances. (Ord. 2003-58 § 15, 2003; Ord. 2002-09 § 2, 2002; Ord. 99-086 § 2, 1999; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.381.)

2.32.410 Overtime – Compensatory time. Revised 6/18

A. The borough’s normal scheduled workweek encompasses 40 hours’ work within one week (Monday through Sunday). Nonexempt (hourly) employees (casual, regular or term) who are directed to work hours in excess of eight hours in a workday or 40 in a workweek shall be paid overtime calculated at a rate of one and one-half times the employee’s base hourly rate for overtime worked, except employees working an approved flex schedule will not receive overtime until after the tenth hour in a workday.

B. Upon written consent of both an employee’s supervisor and the employee, and subject to any applicable federal and state laws, an employee may receive compensatory time off in lieu of overtime pay. Compensatory time will be offered to employees in lieu of overtime provided it will not adversely affect the operational needs of the department.

1. Overtime eligible (nonexempt) employees may receive compensatory time off in lieu of overtime, up to a maximum of 100 hours worked per calendar year, resulting in a maximum accrual of 150 hours per calendar year. An overtime eligible employee may accumulate, and have credited to his/her account, no more than 150 hours of unused compensatory time regardless of when such compensatory time was earned. For overtime eligible employees, compensatory time shall accrue at the same rate as the overtime it is replacing (1:1.5). An employee may carry a maximum of 150 hours of comp time over from year to year. If an employee has 150 hours of comp time accrued, and they are authorized to work overtime, they must take overtime pay rather than comp time, regardless of whether they have met their 100 hours of comp time per year maximum.

2. Non-overtime eligible (FLSA exempt) employees shall accrue comp time on an hour-for-hour basis (1:1), with a maximum balance at any time of 200 hours. Accrued compensatory time shall be treated, and is subject to, the same procedures as personal leave; except that any accrued but not used compensatory time will be forfeited at termination.

C. No employee shall work overtime or compensatory time unless directed to do so by a supervisor empowered to give such direction.

D. For some positions, overtime work is considered a normal part of the job and does not justify overtime pay. Overtime pay shall not be granted to:

1. Appointed employees;

2. Executive/administrative/professional employees;

3. Other persons occupying positions which are exempt from overtime requirements in accordance with federal law and any regulations adopted by the Department of Labor. (Ord. 2018-13 § 9, 2018; Ord. 2015-34 § 13, 2015; Ord. 2012-39 §§ 6 – 8, 2012; Ord. 2009-28 § 19, 2009; Ord. 2006-70 § 7, 2006; Ord. 2003-58 § 16, 2003; Ord. 2000-55 § 3, 2000; Ord. 98-009 § 13, 1998; Ord. 86-017 § 15, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.391.)

2.32.420 Holidays. Revised 6/18

A. All borough employees, excluding temporaries and casuals, shall be entitled to the holidays listed below with pay. The maximum holiday pay/benefit is eight hours. For purposes of computing holiday pay, the average number of hours worked each week during the last 28 days, working backwards from the Sunday prior to the week in which the holiday occurs, shall be deemed to be the “regularly scheduled work week.” Employees who observe the holiday shall receive their current hourly wage rate for one-fifth of the total number of hours in their regularly scheduled work week.

1. New Year’s Day (January 1st);

2. Martin Luther King Day (third Monday in January);

3. Presidents’ Day (third Monday in February);

4. Seward’s Day (last Monday in March);

5. Memorial Day (last Monday in May);

6. Independence Day (July 4th);

7. Labor Day (first Monday in September);

8. Alaska Day (October 18th);

9. Veterans Day (November 11th);

10. Thanksgiving Days (fourth Thursday and following Friday in November);

11. Christmas Eve (December 24th) and Christmas Day (December 25th).

B. If any of the above holidays fall on a Sunday, the following Monday shall be observed as the holiday. If any such holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.

C. Legal holidays may be adjusted by the borough mayor to conform with holiday dates observed by the state of Alaska or federal government.

D. With the exception of appointed, executive/administrative/professional and casual employees, those employees who are scheduled to work on a recognized holiday shall be compensated in accordance with FNSBC 2.32.410; provided, however, the employee works or is otherwise in a full pay status both the day preceding and the day after the recognized holiday.

E. Holidays which occur during a properly approved leave shall not be charged to leave time.

F. When a holiday falls on an employee’s regularly scheduled day off, either the last workday preceding the holiday or the next working day subsequent to the holiday shall be considered as a holiday for pay purposes. In such cases, the holiday stipulated in subsection (A) of this section shall be considered a regular workday. Part-time employees not scheduled to work on the holiday will be compensated for the holiday, not given another day off. Employees who are scheduled to work on a holiday weekend where the facility is closed will observe the holiday on the recognized holiday.

G. Appointed and managerial/professional employees are not entitled to holiday premium time should they be required to work on a holiday, but may qualify for compensatory time. (Ord. 2018-13 §§ 10, 11, 2018; Ord. 2015-34 §§ 14, 15, 2015; Ord. 2012-39 § 9, 2012; Ord. 2009-28 §§ 20, 21, 22, 2009; Ord. 2003-58 § 17, 2003; Ord. 2002-62 § 2, 2002; Ord. 98-009 § 14, 1998; Ord. 94-050 § 4, 1994; Ord. 86-017 § 16, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.401.)

2.32.430 Leave. Revised 6/18

A. Regular employees with less than three years’ continuous service shall be granted two working days per month leave with pay at the following rate per hour per pay period (0.09231). Regular employees with three years’ but less than five years’ continuous service shall be granted two and one-quarter working days per month with pay at the following rate per hour per pay period (0.10385). Regular employees with five years’ but less than seven years’ continuous service shall be granted two and three-quarters working days per month leave with pay at the following rate per hour per pay period (0.12692). Regular employees with seven years’ or more continuous service shall be granted three working days per month with pay at the following rate per hour per pay period (0.13846).

B. Leave can accrue from year to year up to a maximum accrued schedule of a limitation of 520 hours at the end of each calendar year specified by the borough mayor. Leave in excess of this limit at the end of the calendar year will be cashed out and paid to the employee during the month of January. Cash-ins due to the 520 maximum accrual rule do not count towards the three per year limit.

C. Department directors, or their designees, have the sole prerogative of approving or disapproving leave. Approval considerations shall be based upon department operating requirements, and the desire of the employee. Leave schedules may be amended to allow the department to meet emergency situations. Leave is not available for use in the pay period it is accrued.

D. An employee who is unable to report for work for any reason without prior approval shall report the reasons for his absence within two hours from the time he was expected to report to work; failure to comply with this requirement will prohibit leave with pay for the absence. Supervisors may require a written statement from a physician to substantiate claims of illness.

E. Upon written request an employee may, three times per calendar year, receive 100 percent of the cash value of his accrued personal leave; provided, that a minimum of hours equal to three weeks (pro-rated to FTE) is maintained in the employee’s personal leave balance. Exceptions due to unusual or unforeseen circumstances may be made by the borough mayor or chief of staff. Unused accrued leave shall be compensated at the current base hourly rate at the time of resignation, layoff, or dismissal of an employee.

F. Leave may be donated to other FNSB regular employees only for catastrophic events, unforeseen emergencies/circumstances or illnesses. The chief of staff may authorize exception requests. Donating personal leave for payment of services or purchases or in lieu of cash transactions is expressly prohibited. (Ord. 2018-13 §§ 12, 13, 2018; Ord. 2015-58 § 2, 2015; Ord. 2015-34 §§ 16, 17, 2015; Ord. 2012-39 § 10, 2012; Ord. 2009-28 §§ 23, 24, 2009; Ord. 2003-58 § 18, 2003; Ord. 98-009 § 15, 1998; Ord. 94-050 § 5, 1994; Ord. 86-017 § 17, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.411.)

2.32.440 Car allowance.

Employees who occupy such positions may, at the discretion of the mayor, be authorized a car allowance which will be subject to assembly review during the budget process. (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.421.)

2.32.450 Retirement.

The borough is a participant in the State of Alaska Public Employees Retirement System and all regular, full-time, part-time, seasonal, extraboards, and term employees are required to enroll in the system at the time of eligibility. Casual employees and Interior Gas Utility (IGU) employees are not eligible for PERS. (Ord. 2015-34 § 18, 2015; Ord. 2012-39 § 11, 2012; Ord. 2009-28 § 25, 2009; Ord. 2006-70 § 8, 2006; Ord. 2003-58 § 19, 2003; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.431.)

2.32.460 Social security.

All borough employees are covered by the Federal Insurance Compensation Act (Social Security). (Ord. 84-102 § 2, 1985. 2004 Code § 2.24.441.)

2.32.470 Medical and hospitalization benefits.

All regular, full-time, part-time, seasonal, and term employees shall be eligible to participate in the borough’s group health, life and welfare plans. The borough shall make available to the employees, in printed form, the schedule of benefits, limitations, and other pertinent information. (Ord. 2013-34 § 2, 2013; Ord. 2009-51 § 2, 2009; Ord. 2009-28 § 26, 2009; Ord. 2003-58 § 20, 2003; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.451.)

2.32.480 Service awards.

The borough mayor will provide for recognition of the faithful, effective service rendered by employees. Special recognition shall be given to those employees who have completed five, 10, 15 and 20, etc., years of service. (Ord. 2015-34 § 19, 2015; Ord. 2003-58 § 21, 2003; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.461.)

2.32.490 Collective bargaining agreement approval and funding by the assembly. Revised 6/18

A. Prior to engaging in collective bargaining with any union or labor organization representing borough employees, the mayor shall meet with the borough assembly for the purpose of exchanging and discussing proposed suggested goals relating to labor management negotiations. Attendance at this executive session shall be limited to:

1. The mayor or a designated member of the mayor’s staff;

2. No less than six members of the borough assembly;

3. The borough attorney, or in that person’s absence, an assistant borough attorney;

4. The employee or consultant who is charged to represent the borough as chief spokesperson during collective bargaining negotiations.

B. The mayor or the borough’s chief spokesperson shall provide the assembly periodic updates on the collective bargaining negotiations. If, at any time during the negotiations, any goal related to a monetary term that was exchanged and discussed with the assembly changes significantly, the assembly shall be notified of the change and given an opportunity to discuss. Upon reaching a tentative collective bargaining agreement with a labor organization, the mayor shall present to the assembly the negotiated proposed agreement which shall include fiscal notes.

C. The monetary terms of any collective bargaining agreement are subject to funding through assembly appropriation. The assembly shall, during its first regular meeting after receipt of the proposed collective bargaining agreement from the mayor, vote to either ratify or reject the monetary terms of the proposed labor contract agreement. If rejected, the assembly shall specify the items to which they object and the parties may resume negotiation.

D. “Monetary terms” of an agreement means the changes in the terms and conditions of employment resulting from an agreement that will require an appropriation for their implementation or will result in a change in borough revenues or productive work hours for borough employees.

E. “Terms and conditions of employment” means 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 the general policies describing the function and purposes of a public employer.

F. Collective bargaining shall be conducted solely by the borough’s collective bargaining team and all substantive negotiations shall be open to the public, excluding initial proposals until exchanges for all bargaining units are completed. No assembly member shall engage in any individual collective bargaining negotiations with any union or labor organization representing borough employees.

G. The assembly is committed to the following monetary policies and goals with respect to the terms of labor agreements:

1. Reward employees in good standing with a positive performance rating, with merit pay increases in lieu of increases based on longevity.

2. Maintain fair and reasonable employee premium contributions and deductibles in medical insurance comparable to other public and private sector employers.

3. Maintain fiscal stability by controlling escalating costs and provide for future reopeners if funding sources are negatively impacted or costs significantly increase.

4. Maintain leave and holidays at reasonable levels.

5. Seek consistency between bargaining units, as well as between union and non-union employees.

6. Eliminate and avoid contract provisions for complex pay premiums, work rules that reduce productivity or other terms that impede accountability. (Ord. 2018-13 § 14, 2018; Ord. 2015-34 § 20, 2015; Ord. 2013-37 § 2, 2013; Ord. 2012-62 § 2, 2012; Ord. 2011-41 § 2, 2011; Ord. 97-046 § 2, 1997. 2004 Code § 2.24.462.)


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    For statutory provisions authorizing the assembly to establish a personnel system, see AS 29.20.