Chapter 2.76
CONDITIONS OF BOROUGH EMPLOYMENT

Sections:

2.76.010    Regular.

2.76.020    Temporary.

2.76.030    Probation.

2.76.040    Regular work day – Scheduled hours of work.

2.76.045    Designated work week.

2.76.050    Regular work week.

2.76.060    Work week for shift employees.

2.76.065    Police and fire department scheduled work week and hours.

2.76.070    Regular overtime.

2.76.085    Flexible time.

2.76.090    Holiday overtime.

2.76.095    Travel time.

2.76.100    Exceptions.

2.76.105    Standby time.

2.76.110    Call out time.

2.76.115    Swing shift pay differential.

2.76.120    Graveyard shift pay differential.

2.76.130    Uniforms.

2.76.140    Exception – Terms of hire.

2.76.150    Paydays.

2.76.160    Payroll deductions.

2.76.170    Recognized holidays.

2.76.180    Reserved.

2.76.190    Holidays falling on Saturday or Sunday.

2.76.200    Other employment.

2.76.205    Duplicate benefits prohibited.

2.76.210    Training.

2.76.220    Performance evaluation.

2.76.230    Physical examination.

2.76.010 Regular.

Regular appointments are made to positions which are considered to be a part of the regular complement needed for performing borough services. A probationary period is required for regular appointments. The position is expected to continue into the indefinite future. A regular employee may be:

A. Regular Full-Time. Where the position involved totals at least 30 hours a week on a regular basis.

B. Regular Part-Time. Where the position involved is to be done during a portion of a work day, or work week, and totals less than 30 hours a week on a regular basis. Such work may be of an irregular nature such as short shifts at various times and on various days of the week.

C. Seasonal. A position where the work involved is intended to be for a specific period of time each year (less than six months or 1,040 hours each year). A seasonal employee is hired for an indefinite period and is not temporary.

D. If approved by the manager, an employee may hold more than one position at a time. Combining positions will not be approved if it will result in the employee working more than 40 hours in a week on a regular basis. (Ord. 15-07-417 § 4)

2.76.020 Temporary.

A temporary appointment means an appointment for a period shorter than one year. During the temporary appointment, the employee is an at-will employee and can be disciplined, demoted, dismissed or separated from their position for any reason with or without just cause and without recourse to the grievance procedure. (Ord. 15-07-417 § 4)

2.76.030 Probation.

A. During the probationary period the individual demonstrates their ability and fitness to perform their job. During the probationary period, the employee is an at-will employee and can be disciplined, demoted, dismissed or separated from their position for any reason with or without just cause and without recourse to the grievance procedure. The probationary period varies from six months for some classes of positions to 12 months for others. Probation does not apply to a temporary appointment.

B. Regular appointment to a position shall be made only upon satisfactory completion of the probationary period. Unless action is taken by the department manager or director with the approval of the borough manager to dismiss, separate or demote the employee or to request extension of the probationary period prior to the end of the probationary period, the appointment shall become a regular appointment and the employee shall become an employee with regular status on the first working day following completion of the probationary period.

C. The probationary period of an employee may be extended for a period of time usually not to exceed three months. Notice of such extension and the reasons for it shall be given in writing to the employee prior to the end of the established probationary period. (Ord. 15-07-417 § 4)

2.76.040 Regular work day – Scheduled hours of work.

The regular work day shall consist of eight hours. Each borough officer and department head shall establish the scheduled hours of work for employees within their respective departments. Such hours, for full-time employees, shall not be less than the minimum hours as hereinafter provided and shall, where practicable, be uniform for all employees assigned to perform the same or similar duties. Each borough officer and department head shall establish rules and regulations governing the rotation of work among employees who, by the nature of their work, are required to work on weekends or at times other than the normal workday. (Ord. 15-07-417 § 4)

2.76.045 Designated work week.

For the purposes of figuring overtime hours, the borough recognizes Monday through Sunday as its designated work week. (Ord. 15-07-417 § 4)

2.76.050 Regular work week.

The regular work week shall consist of five regular work days, totaling 40 hours. The manager has the authority to stagger or change the work week and hours whenever it is in the borough’s interest to do so. This does not include the police or fire departments as covered in HBC 2.76.065. (Ord. 15-07-417 § 4)

2.76.060 Work week for shift employees.

Shift employees shall have the sixth and seventh days designated as regular days off. Work schedules for shift employees shall be posted by the twenty-fifth of the month covering the succeeding month. This does not include the police or fire departments as covered in HBC 2.76.065. (Ord. 15-07-417 § 4)

2.76.065 Police and fire department scheduled work week and hours.

No minimum work week applies to police officers and the full-time paid firefighters because the scheduled days of work are subject to frequent change. However, the chief of police and fire chief will prepare a work schedule for their employees in a manner so that each employee is scheduled to work in keeping with the provisions of the Fair Labor Standards Act. Schedules and record keeping shall be performed as required by the Fair Labor Standards Act and state law. A copy of all records shall be filed with the chief fiscal officer. The use of flexible shifts is encouraged. (Ord. 15-07-417 § 4)

2.76.070 Regular overtime.

When mandated by state or federal law, and subject to HBC 2.76.100, work performed in excess of a 40-hour work week shall be paid for at the rate of one and one-half times the normal rate. Overtime must be approved by the manager or department head as appropriate. (Ord. 15-07-417 § 4)

2.76.085 Flexible time.

The manager shall have the authority to authorize flexible work periods, including, but not limited to, scheduled hours during the work day and work week, subject to the provisions of the FLSA. (Ord. 15-07-417 § 4)

2.76.090 Holiday overtime.

Except where a collective bargaining agreement provides otherwise:

A. Employees not required to work on holidays (see HBC 2.76.170) shall receive straight-time pay for the holiday.

B. Employees required to work on holidays may request a substitute day to be scheduled with their supervisor in lieu of the holiday worked.

C. All personnel are excused from work on the holidays specified in HBC 2.76.170 except those persons who, because of the nature of their work, are required to work on holidays.

D. Administrative departments, which by the nature of their duties require holiday work, shall establish rules and regulations governing the rotation of work on holidays among their personnel. These rules shall be posted where personnel can see them. A copy of the same shall be filed with the clerk and chief fiscal officer. (Ord. 15-07-417 § 4)

2.76.095 Travel time.

A. Home-to-Work Travel. Home-to-work travel is not compensable because an employee is not at work until the employee reaches the work site.

B. Travel in the Same Day. Employees who travel from and return to the work site in one day will be paid for all travel time in addition to any work time, with the exception of meal periods. If employees work and travel less than eight hours in one day, they will be paid for actual work and travel time only.

C. Out-of-Town Travel. Employees who travel out of town overnight will be paid for time spent traveling (except for meal periods) during their normal working hours on their nonworking days, such as Saturday, Sunday and holidays, as well as on their regular working days. During these days, normal working hours will be 8:00 a.m. to 5:00 p.m. Time spent traveling as a passenger outside of normal working hours is not considered work time. The department head may schedule an employee returning from overnight travel status to work a regularly scheduled work shift within the same day. An employee returning from travel who is not scheduled to work a regularly scheduled shift on the same day will be paid for travel time and any out-of-town time only on that day.

D. General Policies.

1. Overtime will be paid as required by code and applicable law.

2. The day following a travel day is a separate work day. An employee may be scheduled to work a regular shift any time after midnight of the day following a travel day; provided, that the work shift begins more than eight hours after the employee’s return from travel status.

3. These travel pay requirements do not apply to salaried employees. Salaried employees will not be paid for travel time in addition to their base salary. (Ord. 15-07-417 § 4)

2.76.100 Exceptions.

Positions that meet the criteria of exempt positions under the Fair Labor Standards Act shall be classified as “exempt” positions under the borough and shall be paid a monthly salary which includes compensation for hours worked in addition to the minimum work week and for work as defined in their job descriptions. (Ord. 15-07-417 § 4)

2.76.105 Standby time.

Those employees authorized to incur standby time shall be compensated at the standard minimum wage rate for the state of Alaska then in effect for such time. Standby policies shall be described in the police department operations manual and approved annually by the assembly. (Ord. 15-07-417 § 4)

2.76.110 Call out time.

No employee shall be called to work outside the employee’s regular work day shift for less than two hours of the applicable overtime rate. (Ord. 15-07-417 § 4)

2.76.115 Swing shift pay differential.

Dispatchers, patrol officers, and the police sergeant scheduled to work swing shifts shall be paid an hourly rate of $0.50 in addition to their regular rate of pay. (Ord. 15-07-417 § 4)

2.76.120 Graveyard shift pay differential.

Dispatchers, patrol officers, and the police sergeant scheduled to work graveyard shift shall be paid an hourly rate of $1.00 in addition to their regular rate of pay. (Ord. 15-07-417 § 4)

2.76.130 Uniforms.

Police and fire department employees shall be provided uniforms which shall be inventoried by the chiefs and returned at the end of employment. If an employee shall voluntarily terminate employment within six months of the employee’s hire date, the cost of uniforms provided said employee shall be deducted in full from the employee’s final pay. In the event employees elect to keep uniforms, all official badges, patches and similar decals shall be returned to the borough. (Ord. 15-07-417 § 4)

2.76.140 Exception – Terms of hire.

The nature of certain positions may dictate terms of hire which are exceptions to the general rules. The notice of vacancy shall inform applicants of exceptions. (Ord. 15-07-417 § 4)

2.76.150 Paydays.

All personnel will be paid no later than the fourth working day following the end of each pay period except in the event when the fourth business day falls on a bank holiday in which case checks shall be distributed on the following borough business day. Pay periods end the fifteenth and the last day of each month. (Ord. 15-07-417 § 4; Ord. 07-09-169)

2.76.160 Payroll deductions.

All deductions required by law will be withheld from each employee’s pay check. Other deductions may be provided for on a voluntary basis. (Ord. 15-07-417 § 4)

2.76.170 Recognized holidays.

The following days shall be recognized as holidays with pay for all regular nonseasonal and probationary employees who are in pay status before and following such days:

A. The first day of January, known as New Year’s Day;

B. The third Monday in February, known as President’s Day;

C. The last Monday in May, known as Memorial Day;

D. The fourth day of July, known as Independence Day;

E. The first Monday in September, known as Labor Day;

F. The eighteenth day of October, known as Alaska Day;

G. The eleventh day of November, known as Veteran’s Day;

H. The fourth Thursday in November, known as Thanksgiving Day;

I. The Friday following Thanksgiving;

J. The twenty-fourth of December, known as Christmas Eve;

K. The twenty-fifth of December, known as Christmas Day. (Ord. 15-07-417 § 4)

2.76.180 Reserved.

Reserved. (Ord. 15-07-417 § 4)

2.76.190 Holidays falling on Saturday or Sunday.

When a holiday falls on Sunday, the following Monday will be observed as the holiday. When a holiday falls on Saturday, the preceding Friday will be observed as the holiday. (Ord. 15-07-417 § 4)

2.76.200 Other employment.

No person shall engage in any other employment during the hours the person is scheduled to work for the borough or engage in any employment outside the hours the person is scheduled to work for the borough when such employment will restrict or limit the person’s usefulness to the borough or adversely affect the person’s work. (Ord. 15-07-417 § 4)

2.76.205 Duplicate benefits prohibited.

Under no circumstances shall both holiday pay and paid leave be paid to any borough employee for the same eight-hour shift. In the event that an employee is ill or on vacation on a holiday which the employee would normally be scheduled to work, the employee will be paid holiday pay only for that eight-hour shift. (Ord. 15-07-417 § 4)

2.76.210 Training.

A. Required Training. Each department head shall develop and conduct such practical training programs as are suited to the special requirements of their respective departments. The department head shall institute and provide for the conducting of training programs which are needed for efficient management of the department. Training programs shall emphasize accident prevention, employee safety and public relations. All training shall be job-related.

B. Elective Training. Elective job-related training requested by an employee may be approved; however, if the employee voluntarily terminates employment with the borough within six months of receiving such elective training, the employee will be required to reimburse the borough for the costs of such training, including course costs and all travel and per diem expenses.

C. Passing Grade Required. At the conclusion of any training course approved by the borough, the employee must provide to the borough a transcript showing a passing grade for the course, or a certificate of successful completion if grades are not provided by the course director. If an employee fails to provide the borough with such proof, the employee will be required to reimburse the borough for all costs of such training, including course costs and all travel and per diem expenses.

D. Course Materials. All course materials received by the employee, including books, tapes, computer software, etc., are the property of the borough and will remain in the custody of the appropriate department head for future reference.

E. Cross Training. Any employee receiving training at the expense of the borough will be expected to cross train others in the employee’s department if deemed appropriate by the department head or manager. (Ord. 15-07-417 § 4)

2.76.220 Performance evaluation.

The manager, department heads, or supervisors designated by the manager shall be responsible for evaluating and documenting the degree to which each employee meets his or her job requirements as specified in the job description. After a performance report has been discussed with the employee, both the employee and evaluator will sign the report which will be turned in to the borough clerk and will become a permanent part of the employee’s personnel record. Evaluations will be done as required during the probationary period under HBC 2.76.030 as well as during step review under HBC 2.80.050. Evaluations shall be done upon forms provided and in the manner required by the personnel officer. (Ord. 15-07-417 § 4)

2.76.230 Physical examination.

A. When an offer of employment for a particular job classification is conditioned on satisfying certain physical qualifications, a pre-employment examination by the physician of the employee’s choice may be required. A post-employment examination may be required by the manager in order to ensure that minimum physical requirements relating to job performance can be sustained by the employee.

B. The cost of an examination required under this section shall be borne by the employer.

C. Medical information received by the borough as a result of an examination under this section, as well as any medical information voluntarily disclosed by an employee, is a confidential medical record subject to release only in accordance with applicable law. (Ord. 15-07-417 § 4)