Chapter 3.05
OVERVIEW

Sections:

3.05.010    Title.

3.05.020    Purpose.

3.05.030    Scope and applicability.

3.05.040    Responsibility of public offices.

3.05.050    Employee notification.

3.05.060    Dedicated service.

3.05.070    Nondiscrimination.

3.05.080    Policy-making authority.

3.05.090    Captions.

3.05.100    Severability.

3.05.110    Definitions.

3.05.120    Computation of time.

3.05.010 Title.

This title shall be known as the “Ketchikan Gateway Borough Personnel Policies.” They may also be cited as the “personnel policies.” [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.005.]

3.05.020 Purpose.

The purpose of the personnel policies is to establish a system of personnel administration for the Ketchikan Gateway Borough based upon the principles of merit, fitness, and equal employment opportunity, and to establish fair and uniform procedures and regulations for the recruitment, hiring, development, maintenance, and retention of an effective, responsible, and professional borough staff. These stated policies shall be subject to review and modifications, as needed. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.010.]

3.05.030 Scope and applicability.

(a)    The personnel policies shall apply to all borough employees who are not subject to a collective bargaining agreement to the extent that such coverage is not otherwise limited expressly in these personnel policies, the KGB Code, and employment agreements negotiated for assembly appointed employees. These personnel policies shall apply to borough employees in a collective bargaining unit only to the extent that the section is listed in subsection (b) of this section or the relevant code section expressly provides for application to collective bargaining units. KGBC 3.10.050, 3.15.200, and 3.15.210 shall not apply to executive level employees who serve at the pleasure of the manager.

(b)    The following sections of this title apply to all borough employees, including those subject to a collective bargaining unit: KGBC 3.10.030, 3.10.040, 3.15.010, 3.15.050, 3.15.060, 3.15.070, 3.15.080, 3.15.090, 3.15.100, 3.15.110, 3.15.120, 3.15.130, 3.15.140, 3.15.170, 3.15.180, 3.15.190, and Chapters 3.35 and 3.40 KGBC.

(c)    Those responsibilities which are assigned to the borough manager in this title shall be exercised by the borough clerk for employees in the borough clerk’s office and by the borough attorney for employees in the borough attorney’s office. [Ord. No. 1736, §1, 9-2-14; Ord. No. 1369, §1, 9-19-05; Ord. No. 1205, §8, 3-18-02; Ord. No. 1056, §1, 1-5-98; Ord. No. 1040, §2, 8-4-97; Ord. No. 994, §6, 7-15-96; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.011.]

3.05.040 Responsibility of public offices.

Public officials and employees are always of the public purpose and serve for the benefit of the public. They shall uphold the Constitution of the United States, the Constitution of the State of Alaska, the KGB Code, rules, regulations and policies of the borough and shall carry out impartially the laws of the nation, State and borough. In their official acts, they shall discharge faithfully their duties, recognizing that the public interest is paramount. Public officials and employees must demonstrate the highest standards of integrity and ethics consistent with the requirements of their position and consistent with law. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.012.]

3.05.050 Employee notification.

It shall be required that each new and existing employee will be given a copy of these personnel policies and these employees shall certify, in writing, that they have received, read and understand these policies. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.013.]

3.05.060 Dedicated service.

In the performance of their duties, all officials and employees shall support governmental objectives expressed by the electorate and interpreted by the assembly and the borough programs developed to attain these objectives. Officials and employees shall adhere to work rules and performance standards established for their positions. The borough requires all officials and employees to use good manners, to be considerate, to be accurate in statement, and to exercise sound judgment in the performance of their work. Unless written authorization is granted by the manager, during the hours covered by active borough employment, no official or employee shall work for any other employer or agency and neither conduct nor pursue any unauthorized activity for remuneration. Officials and employees shall neither exceed their authority nor breach the law nor ask others to do so. They shall work in full cooperation with one another and other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of the work. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.014.]

3.05.070 Nondiscrimination.

No official or employee shall unlawfully grant any special consideration, treatment, or advantage to any person beyond that which is available to every other person in similar circumstances. No person shall be favored or discriminated against with respect to any appointment in the borough service because of associations, sex, race, religion, national origin, marital status, age, disability, political opinion or political affiliation. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.015.]

3.05.080 Policy-making authority.

This title is adopted, and may be revised or amended, by ordinance of the borough assembly. Borough policy takes precedent over department policy. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.016.]

3.05.090 Captions.

The captions and headings in this title are for convenience and reference only, and are not to be used to interpret or define the provisions of its sections. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.017.]

3.05.100 Severability.

If any section or subsection of this title shall at any time be deemed illegal or unenforceable, the remaining provisions shall not be affected thereby and shall remain valid and enforceable to the extent permitted by law. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.018.]

3.05.110 Definitions.

As used in this title, the following words, terms, and phrases shall have the meanings ascribed to them herein unless the content clearly indicates otherwise:

“Administrative appeal” means action brought by an employee seeking relief from the borough manager’s decision to suspend, demote, or dismiss that employee.

“Alcohol” means any intoxicating liquor which can be taken as a beverage and which, when drunk to excess, will produce some level of intoxication.

“Anniversary date” means one calendar year after the date of appointment to a specific position, and annually thereafter.

“Applicant” means an individual who has completed and submitted an application for employment with the borough.

“Appointing authority” means the party who, under Alaska Statutes or the KGB Code, has the authority to appoint, transfer, promote, lay off, suspend, demote and remove a borough employee. This is the borough clerk, in the case of borough clerk’s office employees, the borough attorney, in the case of borough attorney’s office employees, and the borough manager, or designee, in the case of all other borough employees.

“Appointment” means the acceptance by a person of a position with the borough on a temporary, probationary, or regular basis.

“Borough” means the Ketchikan Gateway Borough, Alaska.

“Borough attorney’s office employee” means a borough employee whose normal duties may require handling of confidential communications directly between the borough attorney’s office and the assembly. Borough attorney’s office employees are subject to the provisions of this title to the same extent as other borough employees except that they do not report to, and are not supervised by, the borough manager.

“Borough clerk’s office employee” means a borough employee whose normal duties may require handling of confidential communications directly between the borough clerk’s office and the assembly. Borough clerk’s office employees are subject to the provisions of this title to the same extent as other borough employees except that they do not report to, and are not supervised by, the borough manager.

“Borough manager” means the borough manager of the Ketchikan Gateway Borough or the manager’s designee.

“Controlled substance” means any drug designated as such under either the federal Controlled Substances Act or AS 11.71.

“Date of hire” means the date that an employee first reports to work.

“Demotion” means an involuntary assignment of a regular employee to a position having a lower pay grade.

“Department head” means the chief administrative, executive officer, or employee in each department of the borough, or the department head’s designee.

“Disciplinary probation” means probation that a regular employee is noticed of and is placed on after repeated unsatisfactory performance with no satisfactory improvement. This may lead to termination.

“Drug” means any substance that impairs an employee’s ability to perform a job or duty, or poses a threat to the safety of the employees or to others. This includes controlled substances, which are those substances whose dissemination is controlled by regulation or statute, including but not limited to those drugs included in Schedules I and II as defined by 21 U.S.C. 801 et seq., the possession of which is illegal under Chapter 13 of that title. Such controlled substances are frequently and commonly referred to in familiar terms. In addition to the full body of the drug family, it includes such commonly known items as marijuana, cocaine (including crack), opiates (including heroin), phencyclidine (PCP), and amphetamines. It also includes over-the-counter drugs and/or drugs which require a prescription or other written approval from a licensed practitioner, physician, or dentist for their use, if such use could impair the employee’s ability to perform a job or duty, or poses a threat to the safety of the employee or others. It also includes any other substance capable of altering an individual’s mood, perception or judgment.

“Employee” means a person working for the borough for wages, salary, or as a volunteer on a regular or intermittent basis.

“Examination period” means a period where an incumbent employee is reassigned from one position to another and is subject to a performance evaluation reflecting the employee’s evaluation in the new position. This period may extend to a maximum of three months at the discretion of the borough manager.

“Executive level employee” means an employee who serves at the pleasure of the manager. This includes the assistant manager, airport manager, North Tongass fire chief, South Tongass fire chief, and the directors of finance, assessment, animal protection, planning, transit and public works.

“Exempt employee” means any employee who is exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.

“Floating holiday” means a holiday that is earned by a full-time employee who has completed his/her probationary period and has completed a specific period of service which can be used at any time upon the approval of the employee’s supervisor.

“Full-time employee” means an employee who is hired to work a predetermined schedule of 40 hours or more per work week. This term includes certain shift employees who may work varied hours according to department schedules.

“Grievance” means any formal dispute or question concerning the interpretation or application of the personnel policies.

“Immediate family” means a spouse; sibling; grandparent; uncle; aunt; niece; nephew; regular member of the person’s household; a child, including a stepchild or adoptive child; grandchild; brother-in-law; sister-in-law; and a parent or sibling of the person’s spouse.

“Impaired” means a diminishing or worsening of an employee’s mental or physical condition which is the result of using alcohol or drugs.

“Job description” means a written statement describing the general duties, responsibilities, and entrance qualifications of a position.

“Job title” means the designation given to a specific job description.

“Layoff” means an involuntary, nondisciplinary separation of an employee from borough service for any reason the borough assembly or borough manager determines is in the best interests of the borough, and which results in a reduction in the number of borough employees.

“Leave without pay” means an approved period of unpaid absence from borough service for a specified period of time.

“Nonexempt employee” means an employee who is not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.

“Overtime” means any authorized time worked by a nonexempt employee in excess of the normal work week or work day.

“Overtime pay” means the compensation paid to a nonexempt employee for authorized overtime work.

“Part-time employee” means an employee who is hired to regularly work less time than a full-time employee.

“Pay plan” means the official schedule of compensation for borough employees approved by the borough assembly assigning a pay rate or range to each position.

“Pay rate” means the specific salary or hourly rate of pay for a position.

“Personal relationship” means a relationship involving employees who are dating or engaged in a romantic relationship.

“Position” means an authorized full-time employee.

Possession. A person shall be deemed to be in “possession” of an alcoholic beverage, drug not medically authorized or controlled substance when these are in the possession of immediate occupancy and physical control of the employee while at their place of employment.

“Probationary employee” means an employee in a new position who has not completed the probationary period.

“Probationary period” means the first 1,040 worked hours of continual full-time employment per position; provided, however, that the 1,040 worked hours probationary period may be extended by the borough manager for any period not to exceed 520 worked hours based upon the six-month written performance evaluation. The probationary period for borough employees who change to a new position and who have previously successfully completed 1,040 worked hours probationary period upon initial employment shall be 520 worked hours.

“Promotion” means the assignment of an employee from one position to another position with a higher pay rate or range. A transfer from one bargaining unit to another shall not be considered a promotion.

“Proper medical authorization” means a prescription or other written approval from a licensed practitioner/physician or dentist for the use of a drug in the course of medical treatment. It must include the name of the substance, the period of authorization, and whether the prescribed medication may impair job performance. This requirement also applies to refills of prescribed drugs.

“Qualified health care provider” means a physician, nurse practitioner, physician’s assistant or any another health care professional qualified by education or medical board or other qualified agency to render a medical judgment regarding an employee’s ability to perform the duties and responsibilities of the employee’s position.

“Reasonable accommodation” means any accommodation for an employee that would not impose an undue hardship on the borough or require a substantial modification of the essential duties and/or responsibilities of an employee’s position.

“Reassignment” means a voluntary or involuntary placement of a probationary or a regular employee for any reason other than a demotion.

“Regular employee” means an employee who has satisfactorily completed the probationary period of employment.

“Resignation” means a voluntary separation from borough employment by an employee.

“Selection procedure” means any written or oral test, physical test, physical examination, interview, or other criteria, or any combination thereof, that is used to measure an employee/applicant’s qualifications for the essential functions of the position for which the employee/applicant seeks promotion or appointment.

“Seniority” means the length of time an employee has been employed by the borough, or has held a specific position, since the date of hire or appointment to a specific position.

“Substance abuse” means use of a drug or alcohol in violation of this policy.

“Suspension” means a forced period of absence for disciplinary reasons or pending investigation of charges made against an employee. This period of absence may be with or without pay depending upon the particular circumstances which led to the employee being suspended.

“Temporary employee” means an employee who is hired for a position for a limited period of time, not to exceed six (6) calendar months, unless an extension is approved by the borough manager.

“Termination” means an involuntary, disciplinary separation by the borough of an employee from borough employment.

“Transfer” means an assignment of an employee to a different position with the same or lower pay rate or an assignment of a borough employee to a position in a different bargaining unit regardless of change in pay.

Volunteers. Except for volunteer firemen, “volunteers” are individuals providing services or labor to the borough for no compensation and who are not entitled to any pay or benefits. For the purposes of this chapter, volunteer firemen are volunteers except to the extent that they may be entitled to the benefit of workers’ compensation insurance coverage and for pay for time spent in training, or on a call.

“Workday” means a consecutive twenty-four-hour period.

“Working day” means each day an employee is scheduled to work, excluding borough holidays, except as provided for under labor agreements.

“Workplace” means any premises owned or leased by the borough, including but not limited to buildings, property, vehicles and equipment, used for the performance of borough work by borough employees during borough work hours.

“Workweek” means a fixed and regularly recurring period of seven consecutive twenty-four-hour periods beginning on Monday and ending on Sunday. [Ord. No. 1807, §1, 7-18-16; Ord. No. 1763, §3, 8-17-15; Ord. No. 1299, §6, 3-15-04; Ord. No. 1228, §1, 9-3-02; Ord. No. 1205, §9, 3-18-02; Ord. No. 1056, §2, 1-5-98; Ord. No. 994, §§7, 8, 7-15-96; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.019.]

3.05.120 Computation of time.

(a)    Whenever these personnel policies require or provide for the giving of written notice to, or service of any document on, an employee or other person, such notice or document shall be served on such employee or other person by either delivering such notice or other document to the person or by depositing a copy of the notice or document in the United States mail, postage prepaid, addressed to the employee at the employee’s last known address as shown on borough personnel records or, in the case of notice to or service on the borough manager, the employee’s supervisor or department head, to the attention of such person at 1900 First Avenue, Ketchikan, AK 99901. Service of a notice or other document shall be deemed to be effective, upon delivery, if delivered personally, or if service is by mail, upon the expiration of five days after the date on return receipt, the notice or other document is deposited into the United States mail as provided herein.

(b)    The time prescribed in these personnel policies for performance of any act, for requesting any review, or for filing any grievance, appeal, notice, or other document, shall commence to run from the date the action or decision complained of occurred, or from the date service of the document or written notice of the action complained of is effective as provided in subsection (a) of this section, whichever date is later. In the event these personnel policies specify a time within which notice must be given, or an act must be done, such time period shall be computed by excluding the first day (i.e., the day the act occurred or service became effective) and including the last day, unless the last day falls on a Saturday, Sunday, or borough holiday. When a period of time prescribed by these policies is less than seven days, intermediate Saturdays, Sundays, and borough holidays shall be excluded in computation. [Ord. No. 1541, §5, 11-23-09; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.020.]