Chapter 3.10


3.10.010    Recruitment, position vacancy announcements and applications.

3.10.020    Selection of employees.

3.10.030    Residency.

3.10.040    Nepotism.

3.10.050    Probationary period.

3.10.010 Recruitment, position vacancy announcements and applications.

(a)    The borough manager shall recruit qualified applicants for any position vacancies, which recruitment may include, but is not limited to, internal job postings, help-wanted advertisements, or employment agencies. The vacancy may be advertised to the public concurrently with in-house postings. When a qualified regular employee applies for any borough position they shall be afforded the opportunity to be interviewed for the opening. However, the borough will strive to fill any and all vacancies with the most qualified candidates.

(b)    Published announcements of position vacancies shall include the title of the position, the application deadline (if any), instructions for obtaining application forms, the place and manner of filing applications, other pertinent information, and any such information as may be required by law. All such announcements shall state that the borough is an equal opportunity employer, and shall be published for a period of not less than seven days prior to the application deadline.

(c)    When determined by the borough manager as advantageous to the borough, any position recruitment period may be authorized and advertised to be open until filled. Further, when determined by the borough manager to be advantageous to the borough, an active registry may be developed to help keep frequently vacated positions filled.

(d)    All applications for positions shall be made on a form provided, or in the manner required, by the borough manager. Any information submitted on the form, or any other required documents, may be verified and investigated prior to appointment by the appointing authority to the extent necessary to determine the applicant’s qualifications for appointment. The applicant shall authorize in writing any investigation necessary to verify the information provided by the applicant, including reference checks. The supplying of false or misleading information as part of an application or the omission of any material information from an application for employment may be grounds for rejection of the applicant or later removal of the employee.

(e)    In addition to the application requirements outlined in subsection (d) of this section, all persons who have been offered positions with the borough shall be required to complete an immigration form and present evidence that they are eligible to be employed in the United States, in accordance with the requirements of federal immigration statutes and regulations. Failure to comply with these requirements, or ineligibility for employment under federal law, shall result in the withdrawal of the offer of employment, and in the case of a person who has become employed, constitutes independent and sufficient grounds for termination of employment. [Ord. No. 1172, §1, 2-20-01; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.20.005.]

3.10.020 Selection of employees.

(a)    The borough manager shall establish procedures for the initial selection or promotion of employees. All selection procedures and rules shall relate to the applicant’s or employee’s merit, fitness, and ability to perform the duties and responsibilities of the position to which the applicant or employee seeks appointment or promotion. Experience and training may be considered when evaluating an applicant’s or employee’s fitness for a particular position. Drug testing requirements set forth by any State or federal law will be followed if applicable.

(b)    Selection procedures may include examinations which measure the applicant’s or employee’s job-related ability, knowledge and skills. The appropriate form of each examination shall be determined by the borough manager and may include, but need not be limited to, oral, written, graded, pass-fail tests, resume analysis, employment references, reports of supervisors, performance evaluations and work sampling. Any setting of minimum qualifying scores or standards for any required examinations will be stated prior to announcing and recruiting. All selection procedures shall comply with KGBC 3.15.020 and other applicable laws.

(c)    Depending upon the particular job offered, a physical examination may be required after offer of employment is made. Any physical examination so required must be completed by a qualified health care provider before an applicant is appointed or an employee is promoted to a particular position. Any minimum medical and physical standards which relate to the essential duties and responsibilities of a particular position will be defined in the job description. The standards may differ based on the essential duties and/or responsibilities of each position. No appointment or promotion shall be effective until the applicant or employee demonstrates satisfaction of any required minimum medical or physical standards. Failure to meet the required minimum standards shall result in disqualification for appointment or promotion to the position. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.20.015.]

3.10.030 Residency.

Residency within the borough shall not be a condition of initial appointment or selection as an employee. However, all employees shall and as a condition of their continued employment, reside within the corporate boundaries of the borough within three months after the later of October 1, 2005, or their date of hire. The requirements of this section may be waived on the written recommendation of the borough manager approved by motion or resolution of the assembly based on a finding that such waiver is found to enhance the efficiency or effectiveness of the borough work force. Such recommendation shall set forth the justification for the exception and any conditions which apply. [Ord. No. 1369, §2, 9-19-05; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.20.016.]

3.10.040 Nepotism.

No person shall be employed who is under the direct or indirect authority of a supervisor, director or manager who is an immediate family member as defined in KGBC 3.05.110 or is in a personal relationship, as defined in KGBC 3.05.110. Employees found in violation of this section may be subject to disciplinary action up to and including termination. No immediate family member of the borough manager, assistant borough manager, borough mayor or an assembly member may be employed without prior approval of the borough assembly. No person shall be employed with the borough who is in a personal relationship, as defined in KGBC 3.05.110, with the borough manager, assistant borough manager, borough mayor, or an assembly member. This section does not apply to volunteers of the North and South Tongass fire departments, and members of the planning commission or school board. Any employee who becomes involved in a personal relationship prohibited by this section shall immediately inform the assistant manager or human resources administrator of the existence of such relationship. [Ord. No. 1807, §2, 7-18-16; Ord. No. 1736, §2, 9-2-14; Ord. No. 970A, §4, 5-20-96; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.20.017.]

3.10.050 Probationary period.

(a)    The probationary period shall be considered an integral part of the employee selection and examination process. During the probationary period, the employee’s supervisor shall review, examine and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of the employee to determine whether the employee is fully qualified for employment in the classification and position to which the employee has been appointed.

(b)    All employees, except the borough attorney, the borough clerk, and the borough manager appointed to regular positions with the borough, are on probation.

(c)    If at any time during the probationary period the probationary employee does not satisfactorily meet the requirements of the job for any reason, the probationary employee may be terminated from that position. At management’s option, the supervisor may propose the use of subsection (h) of this section. If retained after six months in the same position, such employees shall thereafter be considered a regular employee.

(d)    During the probationary period described in this section, the employee is not covered by KGBC 3.15.200 or 3.15.210 and has no right to appeal a suspension without pay, demotion or removal.

(e)    Any employee who is promoted shall be given a reasonable trial period, not to exceed 65 days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. If, during this trial period, the employee demonstrates unsatisfactory ability for the job or at the employee’s request, the employee shall be returned to the employee’s former job without loss of benefits. If an employee accepts a position vacated by an employee who has been promoted or transferred, the appointment shall be conditioned upon the successful completion of the promoted or transferred employee’s trial period.

(f)    A probationary employee is not and shall not be considered to be a temporary employee. Temporary employees are not eligible for group insurance, paid annual leave, paid sick leave, holiday pay, personal days, or pay increases. Up to three months of time served as a temporary employee may be counted toward the employee’s six month probationary period.

(g)    Hours of work shall be specified by job title. The number of hours of work may vary for different positions, but shall be uniform for all employees within the same job title.

(h)    After written evaluation and upon written mutual agreement among the employee, the employee’s supervisor and the manager, the probationary period of a new employee may be extended for up to one additional period not to exceed 90 work days. Upon successful completion of the extended probationary period, the employee shall thereafter be considered a regular employee. [Ord. No. 1095, §§1 – 3, 4-5-99; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.20.018.]