Chapter 4.05


4.05.005    Definitions.

4.05.010    Application.

4.05.020    General purpose.

4.05.030    Equal opportunity employer.

4.05.040    Personnel file.

4.05.050    Conflict of interest.

4.05.005 Definitions.

As used in this chapter:

A. “Active pay status” means time worked and approved personal leave.

B. “Adverse action” means suspension without pay, involuntary demotion or discharge, expedited or otherwise, for cause.

C. “Appointive officers” means the city manager, attorney, and the city clerk. The appointive officers serve at the will of the council.

D. “At will employee” means an employee that is employed at the will of the city and can be dismissed at any time for any reason. All temporary, on call, seasonal employees, the police chief, the fire chief, and all department directors are at will.

E. “Certified trainer” means an employee who is certified by a state or federal agency or a recognized professional organization to provide training.

F. “City manager” means city manager or designee, and acting city manager in the absence of the city manager.

G. “Classified service” shall be comprised of all positions with the exception of elective and appointive officers, and at will employees.

H. “Computation of time,” except when otherwise provided, means the time within which an act is required to be done and shall be computed by excluding the day of the act, event or default from which the designated period of time begins to run and including the last day of the period unless the last day is Sunday or a holiday, in which case it shall also be excluded.

I. “Controlled substance” means a controlled substance in Schedules I through V of 21 USC 812.

J. “Conviction” means a finding of guilt (including a plea of nolo contendere or no contest) or suspended imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state of Alaska criminal drug statutes.

K. “Criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.

L. “Demotion” means the change of an employee from a position in one class to a position in another class with a lower pay level. Involuntary demotion means a demotion required by the city, not agreed to by the employee, and occurring while the employee is not in promotional probationary status. Voluntary demotion means any demotion other than an involuntary demotion.

M. “Department director” means the person designated by the city manager to direct a department.

N. “Employee” means any person in the employ of the city who is subject to this title.

O. “Exempt employee” means an employee who is exempt from the payment of overtime as determined by the personnel officer based on the Federal Fair Labor Standards Act.

P. “Family” means spouse, eligible same-sex domestic partner, siblings, parents and children. In-laws are covered under the term “family.”

Q. “Flex schedule” means variable work hours requiring employees to work a standard number of core hours within a specified period of time, allowing the city greater flexibility in an employee’s starting and ending times.

R. “Leave without pay” (LWOP) is an approved temporary absence from duty in a nonpay status requested by an employee. The term does not cover a suspension or an absence for which leave has not been approved.

S. “Light duty” is alternative work for employees who are unable to perform some or all of their routine duties due to illness or injury. The work is physically or mentally less demanding than normal job duties. An employee must present a physician’s note to be placed on light duty.

T. “Merit anniversary date” means the month and day that the employee completes his or her probationary period. The anniversary date will be advanced by the number of calendar days that the employee’s total leave without pay exceeds 30 days during any anniversary year of the employee.

U. “Nonexempt employee” means an employee who is entitled to receive overtime pay under the Federal Fair Labor Standards Act.

V. “On call employee” means an employee who is not guaranteed any hours each week, who does not have a set regular schedule, and one that fills in as needed.

W. “Personnel officer” is the human resources specialist and designated employee representative (DER).

X. “Program or project employee” is an employee who is employed with prior written understanding that employment in that position will continue for at most the duration of a specified program or project that has an established probable date of termination.

Y. “Promotion” means a change in status of an employee from a position of one class to a position of another class having a higher maximum salary limit.

Z. “Regular full-time employee” means an employee who has completed the initial probationary period including any extensions together and who is not a seasonal or temporary employee and regularly works 30 or more hours a week.

AA. “Regular part-time employee” means an employee who is hired to work on a regular and continuing basis for less time than a full-time employee.

1. Regular part-time employees who work an average of 20 but less than 30 hours per week are eligible for prorated holiday and leave pay based on hours worked.

2. Regular part-time employees who work less than an average of 20 hours per week are not eligible for holiday and leave pay.

BB. “Seasonal employee” refers to an employee who occupies a position for less than 12 months each year where it is anticipated that the same employee may return to the position when needed.

CC. “Standby.” The department director in his or her discretion shall schedule employees on standby status. An employee on standby status shall meet the following criteria:

1. Comply with this title;

2. Respond to notification for work; and

3. Report to the job site within 30 minutes of being contacted.

DD. “Temporary employee” means an employee who is needed for a certain period, which may exceed 12 consecutive months.

1. All assignments exceeding 12 consecutive months shall have prior written approval of the city manager.

2. The rate of pay is based on the requirements listed in the job description.

3. Temporary employees are not eligible for city benefits and are at will employees.

EE. “Transfer” means the movement of an employee from a classification to another having the same maximum salary.

FF. “Treasurer” is the finance director.

GG. “Volunteer firefighters” are not classified employees and serve at the will of the fire chief. (Ord. 15-012 § 3, 2015; Ord. 12-001 § 3, 2013)

4.05.010 Application.

A. This regulation shall apply to all employees in the classified service of the city, except as otherwise provided.

B. The chief of police may, with the approval of the city manager, prepare policies for the conduct of peace officers, as defined by the Alaska Police Standards Council, as well as dispatchers and other police department related personnel (“others”).

1. To the extent such policies for the conduct of peace officers are inconsistent with the provisions of this chapter, such rules and regulations shall take precedence.

C. Elected officials and appointive officers are not classified employees. The council may make some or all of the personnel regulations applicable to the city manager and clerk.

D. At will employees are subject to all provisions of this title with the exception of PMC 4.50.005 through 4.50.080.

E. The following sections of this title shall apply to volunteer firefighters: this section, PMC 4.15.080(B) and (C), and Chapters 4.70, 4.90, 4.100, and 4.110 PMC. (Ord. 15-012 § 4, 2015; Ord. 12-001 § 3, 2013; Ord. 08-016 § 4, 2008)

4.05.020 General purpose.

It is the general purpose of these regulations to assist in the accomplishment of the following objectives:

A. The recruitment and retention of the best qualified persons;

B. To provide for security of tenure for city employees subject to the need for the work performed, the appropriation of funds, and the continued effective performance and acceptable personal conduct of the employee;

C. To provide for employees: assignments of duties and responsibilities; sound practical training, supervision and administrative direction; opportunities for promotion within the municipal service on the basis of merit; and recognition of continued good service;

D. Duty to Report. City employees have a responsibility to promptly report problems in the workplace to city management so that such problems may be investigated and remedied as necessary, without retaliation. (Ord. 12-001 § 3, 2013)

4.05.030 Equal opportunity employer.

A. The city is an equal opportunity employer. The city will not unlawfully discriminate against qualified applicants or employees with respect to compensation, or in a term, condition or privilege of employment, because of the person’s race, religion, color, national origin, sexual orientation, gender identity, or other basis protected by law, or because of the person’s age, physical or mental disability, genetic information, gender, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical or mental disability, gender, marital status, changes in marital status, pregnancy or parenthood.

B. When necessary, the city will reasonably accommodate employees and applicants with disabilities if the person is otherwise qualified to safely perform all of the essential functions of the position. It is the applicant’s and employee’s responsibility to notify the personnel officer regarding requests for reasonable accommodations. (Ord. 15-014 § 3, 2015; Ord. 12-001 § 3, 2013)

4.05.040 Personnel file.

The personnel officer shall provide for the establishment, maintenance, and custody of the following record:

A. The personnel file is the official personnel record for an individual employee which shall be kept in the office of the personnel officer and includes, but is not limited to, employment applications, prior employment, and work performance, disciplinary actions other than oral reprimands, personnel action forms, tax withholding and benefits information.

B. Access to Personnel Files.

1. In accordance with AS 23.10.430, an employee or a former employee may inspect and make copies of his or her own personnel file during normal office hours; provided, the employee or former employee shall pay the reasonable costs of any duplication.

2. A personnel file may be inspected by the employee’s department director in the presence of the personnel officer.

3. Review of any personnel files shall be conducted in the presence of the personnel officer or designee. No document shall be removed from a personnel file without prior written approval from the personnel officer and notice to the employee. Any person examining a personnel file shall sign for the personnel record and the signature shall be dated.

4. To the extent required by law, medical information regarding an employee’s medical condition must be kept in a separate medical file and treated as a confidential medical record.

C. Use of Personnel Files.

1. A personnel file shall not be used as a private dossier on an employee.

2. The employee shall be provided a copy of documents placed in their personnel file. (Ord. 12-001 § 3, 2013)

4.05.050 Conflict of interest.

A. It shall be the responsibility of each city employee to remain free from indebtedness or favors which tend to create a conflict of interests between personal and official interest, or might reasonably be interpreted as affecting the impartiality of the individual employee.

B. If an employee is tendered or offered a gift or gratuity which would, in the eyes of the public or of public officials, be construed as an attempt to bribe, influence or to encourage special consideration with respect to municipal operation, the offer shall be reported without delay to the employee’s immediate supervisor, who will in turn inform the department director. If there should be any doubt as to whether a gift or gratuity is of such significance as to create undue influence upon the employee, the matter shall be reported to the department director concerned and the city manager.

C. If an employee shall knowingly accept any gift or gratuity that may be reasonably construed by his or her department director to have created undue influence or result in special consideration benefiting the donor or any entitled beneficiary thereof, that employee may be subject to dismissal.

D. Any employee who has a substantial financial interest, direct or indirect, by reason of ownership of stock, in any corporation in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest in a written statement to the city clerk. Any employee who willfully conceals such a financial interest or willfully violates the requirements of this section shall be guilty of malfeasance and subject to dismissal.

E. A municipal employee may not participate in an official action in which the employee has a substantial financial interest. (Ord. 12-001 § 3, 2013)