Chapter 2.52 PERSONNEL SYSTEM</h2>

The manager shall recommend to the assembly amendments to sections in this chapter based on observation of the section’s effectiveness. The manager’s recommendations to the assembly shall become effective upon approval of the assembly by ordinance.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(I)(3), 1973)

2.52.030 APPLICATION.

This chapter shall apply to all classified employees of the borough.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 92-040, § 2, 1992; Ord. 73-31, § 2(I)(4), 1973)

2.52.040 GENERAL PURPOSE.

(A) The general purpose of this chapter is to accomplish the following objectives:

(1) recruiting and retaining the best qualified persons reasonably available for municipal service;

(2) providing tenure for borough employees, contingent upon the need for the work performed, the availability of funds, and the continued effective performance and the conduct of the employee;

(3) providing employees definite duties and responsibilities; sound practical training, supervision, and administrative direction; merit and fitness-based opportunities for promotion; appropriate compensation in accord with that paid to Alaska state employees working in the borough area; recognition and continued good service; and

(4) achieving and maintaining a safe work environment free from alcohol and drug abuse, through education, intervention and disciplinary measures, where appropriate, to assure the safety and protection of employees, volunteers, citizens, and facilities.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 91-029, § 2, 1991; Ord. 73-31, § 2(I)(5), 1973)

2.52.045 DEFENSE AND INDEMNIFICATION.

(A) The borough shall defend and indemnify current or former employees and elected and appointed officials against all costs, expenses, judgments, and liabilities, including attorney fees, incurred by or imposed upon that person in connection with a civil or criminal proceeding arising from the person’s affiliation with the borough if the person acted on behalf of the borough and within the scope of the person’s official duties or powers.

(B) “Appointed official” for the purposes of this section, shall mean a duly appointed member of a borough board or commission or an appointed borough employee.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 92-037AM, § 2, 1992)

ARTICLE II. CLASSIFICATION
OF POSITIONS

2.52.050 Job Descriptions. [Repealed by Ord. 94-001AM, § 3 (part), 1994 and recodified as MSB 2.52.060]

2.52.060 CLASSIFICATION PLAN.

(A) The manager shall establish and maintain the classification plan. Positions sufficiently similar in kind, responsibility and difficulty of work to warrant the same pay rate, ranges of pay rates, and the same general selection standards shall be grouped together in a single class of position with the same title.

(B) The classification plan shall consist of a list of class titles and description of the nature and requirements of work in each class. The class titles shall be used as the exclusive means of reference in all official records and transactions, but working titles acceptable to the appointing authority may be used in correspondence and other dealings with the public.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(II)(2), 1973)

2.52.070 CLASSIFICATION PLAN; AMENDMENT.

The classification plan shall be amended or modified from time to time by the manager.

(Ord. 73-31, § 2(II)(3), 1973)

2.52.080 ASSIGNMENTS OF POSITIONS TO CLASSES.

The manager shall assign positions to the appropriate classes of positions in the classification plan and make reassignments of positions when change in duties and responsibilities justifies the action. Departmental and employee requests for reclassification shall be submitted to the manager for review at such times and in such form as the manager may require. Changes shall become effective upon approval of the manager.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(II)(4), 1973)

2.52.090 CLASSIFICATION PLAN FOR BOROUGH SERVICE.

The classes of positions, job titles, and job descriptions shall constitute the classification plan on the basis of which all permanent positions shall be classified and for which salary ranges and pay steps within salary ranges shall be established.

(Ord. 73-31, § 2(II)(5), 1973)

2.52.100 COMPENSATION.

(A) The official pay plan of the borough shall consist of a table showing the assignments of salary range to each class of positions included in the classification plan.

(B) The policy of the borough is to provide compensation for classifications which will permit the borough to remain competitive with employers in the appropriate labor market in which the borough is competing. The manager shall periodically review the pay plan with Alaska state pay scales and with pay scales of other employers and recommend pay plan amendments to the assembly.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 75-20, § 3 (part), 1975; Ord. 73-31, § 2(II)(6), 1973)

2.52.110 PAY PLAN TABLE.

The pay plan table with hourly, monthly, and annual rates for all positions shall be established by resolution of the assembly. The salary rates are based on full-time permanent employment. Part-time, temporary or seasonal employees shall be employed at the hourly rate equivalent to the applicable entrance rate.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(II)(7), 1973)

2.52.120 APPLICATION OF PAY PLAN.

(A) The rates in the pay plan table shall be applied as follows:

(1) Borough employees shall be paid in accordance with the pay plan.

(2) With the written approval of the manager, employees may be hired or assigned to a position but paid at a rate 5 percent below the rate presented in the pay scale for that position in cases where the employee lacks the prerequisites for the position, but has the potential to become qualified for the position through training and experience. Assignments under this section shall not exceed six months.

(3) With the written approval of the manager, employees may be given the auxiliary classification of “leadworker” and paid at a rate of 5 percent above their normal rate of pay in cases where it is necessary for an employee who is not in a supervisory classification to be assigned to be in charge of one or more other employees. Leadworker classification may be used when a supervisor is not usually in the immediate work area, or when the delegation of lead responsibility will allow the supervisor or foreman to more effectively utilize time on other matters. An employee shall receive 5 percent premium pay for leadworker only for the work periods during which the employee is assigned supervisor. Leadworkers shall, in addition to normal work:

(a) take steps to assure that their subordinates work in a safe manner which shall result in efficiency, economy, and quality;

(b) train less experienced employees in the techniques of the work;

(d) check and review work of sub-ordinates;

(e) eliminate ordinary difficulties encountered by subordinates;

(f) Prepare reports of time and attendance and work progress; and

(g) eliminate work delays or report them as specified. Leadworkers are not required to perform supervisory duties of disciplining employees, recommending promotions, evaluating the work of subordinates, or hiring and firing.

(B) The rates shall constitute gross compensation from which the value of any maintenance received in the form of meals, lodging, and the like shall be deducted in accordance with valuations approved by the manager, with due consideration for the costs of maintenance provided and for the convenience of the borough.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 75-20, § 3 (part), 1975: Ord. 73-31, § 2(II)(8), 1973)

2.52.130 PAY RANGES AND MERIT INCREASES.

(A) The pay ranges provided for the several classes shall be applied as follows:

(1) The minimum rate for each range shall be the normal entering rate. However, the manager may authorize initial appointment above the minimum rate in recognition of recruiting difficulties at the minimum rate. The appointment also may be authorized in the case of a candidate who possesses exceptional skills or superior training, or whose experience or special achievements are such that the candidate’s addition to the borough staff at a higher rate is deemed warranted.

(2) The performance of each employee, including part-time employees, shall be formally reviewed prior to the end of the probationary period and annually thereafter, and a report of the review submitted to the manager. The annual review does not preclude the possibility of merit increases at any time, provided, the increases may be given only in recognition of outstanding and meritorious performance of duty or special accomplishments. The manager shall prescribe conditions and procedures under which recommendation for merit increases may be submitted by department heads.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 86-73, § 2, 1986; Ord. 80-33, § 3, 1980; Ord. 78-14, §§ 3 and 4, 1978; Ord. 75-20, § 3 (part), 1975; Ord. 73-31, § 2(II)(9), 1973)

2.52.140 SALARY ADJUSTMENT ON TRANSFER, PROMOTION, DEMOTION AND REINSTATEMENT.

(A) In the event of transfers, demotions and promotions, or reinstatement, the following principles shall apply:

(1) In the case of transfer, which means the movement of any employee from one classification to another having the same maximum salary, the pay rate of the employee transferred shall remain unchanged, and the employee’s anniversary date for purpose of pay reviews shall remain the same as in the employee’s former classification.

(2) In the case of promotion, which means the advancement of an employee from one classification to another having a higher maximum salary limit, the rate of the employee promoted shall increase to the rate for the new class that is next above the employee’s rate in the class from which the employee was promoted; provided, however, that the employee shall retain the amount of “accrued time in step” in the employee’s new classification towards advancement which had accrued in the employee’s former classification. The anniversary date for pay review remains the same as before the promotion.

(3) In the case of demotion, which means the movement of an employee from one classification to another having lower maximum salary limit, the rate of the employee demoted shall be changed to that rate in the range for the new class that is nearest to the employee’s rate before demotion. The date of demotion shall become the employee’s anniversary date for purpose of salary review.

(4) In the case of reinstatement, which means the reappointment of an employee separated in good standing at the convenience of the borough, within one year of the date of the employee’s separation, the rate for the class that corresponds to the rate at which the employee was paid at the time of separation, or as close to it as current vacancies and hiring permit, considering the individual’s qualifications and any new skill acquired during the employee’s absence, shall apply. The borough recognizes its obligation under the Veteran’s Preference Act of 1944 (Title 50, U.S. Code), with respect to the reemployment of personnel following absence on military duty. The date of reinstatement shall become the employee’s anniversary date for salary review.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 5, 1978; Ord. 73-31, § 2(II)(10), 1973)

2.52.150 SPECIAL SALARY PROVISIONS.

(A) Part-time employees. Any employee regularly employed on a work schedule of less than full-time shall be compensated at the hourly rate established for the employee’s pay grade in the pay plan.

(B) Temporary employees. A temporary employee shall be employed initially at the hourly rate equivalent to the entrance salary for the class in which employed. Temporary employees may be advanced in pay based upon satisfactory service in the same manner as full-time employees, except that only actual hours of work and the attainment of the hourly equivalent of required service shall be considered for advancement. Temporary employees shall be paid only for hours actually worked, and shall not accrue leave or receive holiday or leave allowance. In case of a “temporary” employee whose appointment is converted to “regular” without a break in service, credit shall be given for service already rendered under the temporary appointment when computing longevity and duration of probation, but not leave accrual.

(C) Night shift. Employees who are assigned to permanent night shifts shall be paid 5 percent above the rate normally received during the assignment. The “night shift” shall be defined as those shifts which begin after 12 noon or before 6 a.m.

(D) Premium pay. When an employee is temporarily assigned to accept the responsibilities for and perform work normally assigned to a higher class of position due to a vacancy in the higher classified position or for other reasons for more than one work week, the employee shall receive premium pay of 5 percent in addition to the employee’s normal rate of pay; provided, however, that if the temporary responsibilities and duties make the employee eligible for 5 percent leadworker pay, then the premium pay shall not apply. Any employee shall have the right to refuse temporary assignment to a higher class in excess of 40 consecutive workdays without prejudice.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, §§ 6 and 7, 1978; Ord. 73-31, § 2(II)(11), 1973)

2.52.155 INSURANCE.

Insurance and insurance-related products and services for employees shall be provided as per the terms and conditions of the collective bargaining agreement. Providing employee insurance and the products or services necessary to provide employee insurance under this section is not subject to the requirements of MSB 3.08. The borough manager shall provide updates to the borough assembly as deemed necessary regarding the self-funded portions of employee insurance, broker services, stop loss considerations, premiums, claims analysis, or any other information necessary to keep the assembly informed as to the state of employee insurance.

(Ord. 22-125, § 2, 2022)

ARTICLE III. APPOINTMENTS

2.52.160 VETERANS PREFERENCE; PERSONS WITH DISABILITIES; NEPOTISM; MINIMUM AGES.

(A) Veterans preference. Preference rights shall be granted to a veteran when the veteran possesses the necessary qualifications in the job classification for which the veteran applied under this chapter. For the purposes of this section, “veteran” means a person with 90 days or more active service in the armed forces of the United States who has been honorably discharged after having served during any period between April 16, 1917, and December 1, 1919, between September 16, 1940, and December 31, 1947, or between June 27, 1950, and January 31, 1955, or between August 4, 1964, and November 7, 1975; “disabled veteran” means a veteran who is rated by the United States Veterans’ Administration as having at least 10 percent service connected disability. In the examination to determine the qualifications of applicants for entrance into the classified service under merit system examination, five additional points shall be added to the passing grade of a veteran and ten additional points shall be added to the passing grade of a disabled veteran. If a position in the classified service is eliminated, the employee shall be released in accordance with rules which give due consideration to all factors. If all job qualifications are equal, the veteran shall be given preference over the non-veteran, and the veteran shall be kept on the job.

(B) Persons with disabilities. The borough encourages the employment of qualified persons with disabilities.

(C) Nepotism. It is the policy of the Matanuska-Susitna Borough to practice nondiscrimination in hiring and promoting its workforce. No employee shall suffer a discharge, demotion, or other arbitrary action when circumstances find an employee and a member of the employee’s immediate family working within contact of each other. However, no employee may serve in a supervisory capacity over a member of the employee’s immediate family, except as noted in subsection (3) of this section. “Immediate family” shall be defined as spouse, children, mother, father, or other close relation that resides permanently with the employee.

(1) The Matanuska-Susitna Borough will not hire or promote the immediate family of current borough employees within the same department where:

(a) one of the parties would have authority to supervise, appoint, discharge, or discipline the other;

(b) one party would be responsible for evaluating the work of the other; or

(c) other circumstances exist that might lead to potential conflict among the parties or conflict between the interests of one or both parties and the best interests of the borough.

(2) If two employees marry or otherwise become related, as defined by immediate family, and in the borough’s judgment the potential problems noted above exist or reasonably could exist, neither of the employees will be allowed to hold supervisory authority, as identified in subsection (1)(a) of this section, over the other one.

(3) Due to the unique staffing necessary to provide effective emergency services to the various communities within the borough, the following factors will apply:

(a) During an emergency response to an accident or disaster, the incident commander of the situation will have authority over all employees reporting to the incident scene regardless of familial relationship. However, immediate family members of the incident commander will be assigned at the incident scene to report to another officer as quickly as is appropriate without jeopardizing or endangering the incident response.

(b) In situations where the availability of qualified emergency response staff is limited, every effort will be made to insert a non-related officer of the service as the first line supervisor between the commanding officer and the related employee to prevent supervision from occurring between family members.

(c) In the event that an employee must necessarily serve in a subordinate or supervisory capacity to another family member within the same service, all decisions and actions regarding interviewing and selection, performance evaluations, promotion, demotion, investigation, termination, or disciplinary action will be carried out by the next higher supervisor of the service up to the department director level, or the director’s designee.

(D) Minimum ages. The minimum ages for borough employment shall be in accordance with the minimum ages prescribed by state law.

(Ord. 05-021, § 2, 2005; Ord. 94-001AM, § 3 (part), 1994; Ord 84-34, § 11, 1984; Ord. 81-133, § 2, 1981; Ord. 78-14, § 8, 1978; Ord. 73-31, § 2(III)(1), 1973)

2.52.170 TYPES OF POSITIONS AND APPOINTMENTS.

(A) Regular. The position is considered to be a part of the regular complement continuously needed for performing borough services. A regular employee shall be one holding such an appointment.

(B) Temporary. The anticipated need for the position, by reason of duration of the work to be performed, is not to exceed six months. A temporary employee shall be one holding such an appointment.

(C) Part-time. The work involved is to be done during a portion of a work day, such as on a morning, afternoon, or night shift, and totaling less than 40 hours a week. A part-time employee shall be a person hired under these circumstances.

(D) Probationary. The initial appointment of an individual to a position whether it be regular, temporary, or part-time shall be probationary.

(E) Auxiliary. A position with wages paid for on a reimbursement basis under a federal or state program aimed at increasing employment or providing training opportunities; such positions shall be temporary positions and may have a duration of more than six months.

(Ord. 78-14, § 9, 1978; Ord. 73-31, § 2(III)(2), 1973)

2.52.180 RECRUITMENT.

(A) After receiving the resignation of an employee, or in the event of a position vacancy, if the position is to be filled, the personnel officer shall solicit applications for that position from qualified regular, part-time, or auxiliary, or project employees of the borough. If, within five working days from the date the position is first advertised to borough employees, the manager does not hire a qualified applicant, the manager may solicit further applications from inside and outside the borough government as the manager deems appropriate. This subsection shall not apply to positions excluded from the employees’ association.

(B) Employees laid-off through no fault of their own shall be given preference in filling vacancies for which they are qualified. A person so reemployed shall not be subject to the successful completion of a probationary period if employed at the employee’s former classification or a lower classification and the same skill area. The employee’s hire date and anniversary date shall be the date established by the employee’s former employment, but service time shall include total time with the employer in regard to longevity.

(C) The manager may solicit applications for positions excluded from the employee association in any manner the manager deems appropriate, provided that notice of the vacancy shall also be posted in-house when such a position is to be filled.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 2, 1993; Ord. 79-67, § 2, 1979; Ord. 78-14, § 10, 1978)

2.52.190 SELECTION.

Before appointment, each applicant shall take such tests of the applicant’s qualifications as the appointing authority may consider appropriate. The Alaska State Employment Service may administer any tests that are necessary to their screening of potential borough employees. Appointments to all positions within the borough’s appointing authority shall be made by the manager following recommendation of the department head concerned.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(III)(4), 1973)

2.52.200 PROBATIONARY PERIOD.

(A) All new employees shall serve a six-month mandatory probationary period. Upon satisfactory completion of the probationary period as evidenced by a satisfactory performance evaluation, the employee shall become a regular employee with status. If the employee does not receive a satisfactory performance evaluation of the employee’s work during the probationary period, the employee shall be terminated.

(B) A probationary employee who is separated from the service of the borough prior to completion of the probationary period may not be compensated for any holidays, earned leave time, any other fringe benefits, or retain any service credits which may have accumulated during the probationary period. Leave shall accumulate during this probationary period, but may not be used until completion of the probationary period. An employee who is terminated during this probationary period shall lose all accumulated leave.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(III)(5), 1973)

2.52.210 RESIDENCY REQUIREMENTS.

(A) Purpose. The Matanuska-Susitna Borough requires that it is necessary, convenient and proper, in order to provide for the health, safety, general welfare, administrative and emergency needs of the citizens, that certain essential borough officials, after the effective date of the ordinance codified in this section, reside within the corporate limits of the borough.

(B) Scope and Application. The residency portion of this section applies to the following essential officials: The borough manager, borough attorney, borough clerk, and all department directors positions (planning, public works, finance, emergency services, community development, and information technology) which currently exist or may be created from time to time by the borough assembly.

(C) Residency Transition. A listed essential official or employee who resides outside the corporate limits of the borough on the effective date of the ordinance codified in this section shall establish residency inside the corporate limits of the borough within six months of adoption of the ordinance codified in this section, or employment with the borough shall be forthwith automatically vacated.

(D) Vacancy. A vacancy occurring under this section shall be filled as provided in the code of ordinances for the original appointment of an essential borough official.

(E) Waiver. The borough assembly may, upon a showing of necessity and a vote of two-thirds of all its members, waive the requirements of this section.

(Ord. 07-073(AM), § 2, 2007)

ARTICLE IV. HOURS OF WORK, HOLIDAYS WITH PAY AND OVERTIME

2.52.220 HOURS OF WORK.

The standard work week for borough offices and departments shall be 40 hours, which shall be scheduled normally between the hours of 8 a.m. and 5 p.m., Monday through Friday, except as depart-mental operating needs require different schedules. Exceptional schedules shall be established and altered by the department heads subject to the approval of the manager.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(IV)(1), 1973)

2.52.230 HOLIDAYS WITH PAY.

(A) Holidays with pay shall be those recognized by the state as official holidays and shall apply to all regular employees of the borough. Temporary and auxiliary employees do not receive holidays with pay. In the event a holiday occurs on a Saturday, the attendance day immediately prior shall be considered a holiday. If the holiday occurs on a Sunday, the attendance day immediately after shall be considered a holiday.

(B) For employees having other than a regular schedule of a Monday through Friday work week, a holiday falling on a regular work day shall be a day off. A holiday falling on a regular day off shall entitle the employee to one additional day of leave with pay.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(IV)(2), 1973)

2.52.240 OVERTIME.

(A) It is recognized that overtime duty is an occasional necessity dictated by emergency conditions, most of which ordinarily could not be foreseen.

(1) It is incumbent upon supervisors to exert every effort to plan ahead sufficiently to avoid extra expense and inconvenience.

(2) Department heads are responsible to ensure that no abuse of the overtime provision occurs.

(B) All employees, except executives, exempt employees as identified in MSB 2.52.653, and employees otherwise designated as salaried employees, shall be paid one and one-half times their regular rate of pay for properly authorized hours of work in excess of 40 hours in duty status in any unit week, provided that exempt or executive employees who are not also exempt from the federal Fair Labor Standards Act, 29 U.S.C. Section 201, et seq.; shall be paid one and one-half times their regular rate of pay for properly authorized overtime work.

(1) “Duty status” means any time in a pay status, including periods of actual work, vacation leave, sick leave, and administrative leave.

(2) Authorized overtime work on non-work days (normally Saturdays, Sundays and holidays), or at the end of any ordinary daily tour of duty, is compensable only if the overtime work, when added to all time worked in a duty status during the same unit week, exceeds 40 hours.

(3) Each unit week shall begin at one minute past 12 a.m., Monday.

(C) Department heads shall, when practicable, require an employee to take compensatory time off during the unit week in which the employee overtime work occurred. If an employee is unable to take compensatory time off because of departmental duties, and upon approval by the manager, the employee shall be compensated for overtime work at the rate of one and one-half times the employee’s regular rate of pay. The voluntary performance of work in excess of a regular shift or normal duty for the purpose of making up for past or future absence from the job (in effect to qualify for compensatory time off to avoid using vacation leave) shall not be permitted.

(D) All compensatory work shall have the approval of the manager and the department head prior to its performance, except in cases of emergency that preclude prior arrangements. In the latter event, the department head and other persons in charge of rendering emergency service shall authorize such overtime and see that it is properly recorded and reported to the manager.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 3, 1993; Ord. 91-48, § 2, 1991; Ord. 80-33, § 4, 1980; Ord. 74-25, § 3, 1974; Ord. 73-31, § 2(IV)(3), 1973)

ARTICLE V. LEAVES

2.52.250 ANNUAL LEAVE.

(A) Officers and permanent employees of the Matanuska-Susitna Borough shall accumulate annual leave in accordance with the following schedule:

(1) one and one-fourth days per month for employees with less than two years;

(2) one and three-fourths days per month for employees with two years and less than five years;

(3) two days per month for employees with five years and less than ten years;

(4) two and one-half days per month for employees with ten years or more of service.

(B) There shall be no accrual of annual leave during any monthly pay period during which an employee is absent without authorization of the department head and approval of the manager.

(D) Annual leave shall not accrue until an officer or employee has completed six months of full-time service after the appointment. Upon completion of the six-month period, the officer or employee shall be credited with accrual, as provided by this section, retroactive to the date of appointment.

(E) An officer or employee appointed for a position of a temporary nature, duration of less than six consecutive months, or appointed for a part-time position shall not accrue annual leave.

(F) Changes in the rate of accrual because of length of service shall take effect at the beginning of the pay period immediately following the date upon which longevity indicates an accrual rate change.

(G) Annual leave accrued, but not used, shall accumulate to a maximum of not more than 60 days on January 1 of any calendar year. Unused leave in excess of the maximum accumulation allowed on balance as of December 31 of any calendar year shall be cancelled.

(H) Each officer and permanent employee shall take at least five days’ annual leave each calendar year. It shall be the responsibility of the department head to assure that each employee is given the opportunity to use this leave, scheduled in accordance with department work load. The manager may require that employees apply for annual leave a reasonable length of time in advance of taking leave.

(I) Upon acquiring permanent status, employees shall earn annual leave credit retroactive to the date of employment.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 11, 1978; Ord. 73-31, § 2(V)(1), 1973)

2.52.260 SICK LEAVE.

(A) Officers and permanent employees of the borough shall accrue sick leave at the rate of one and one-quarter days for each full monthly pay period.

(B) An officer or employee appointed for a position of a temporary nature, duration of less than six consecutive months, or appointed for a part-time position, shall not accrue sick leave credit.

(C) Sick leave accrued but not used shall accumulate until termination of full-time employment. An employee shall, at termination, receive compensation for hours of accrued leave, based on the employee’s current salary.

(D) There shall be no accrual of sick leave during any monthly pay period during which an employee is absent without approved leave.

(E) Sick leave shall be granted only in the following instances and shall be approved by the manager:

(1) When the department head is satisfied that the absent officer or employee is actually sick or injured, sick leave may be granted for medical or dental purposes only in connection with an actual involuntary illness or injury or medical appointment. If the absence exceeds three consecutive working days, the department head may require a doctor’s certificate indicating the disability.

(2) Illness or death in the employee’s immediate family requiring the employee’s personal attendance. Absence chargeable to sick leave shall not exceed three work days per illness or death.

(F) An employee absent on sick leave shall inform the employee’s immediate supervisor of the reason for the absence as soon as possible. Failure to do so shall be cause for disallowing the time off as chargeable to sick leave.

(G) Employees may be required to take sick leave if, in the opinion of the department head, they are too ill to satisfactorily perform their duties or are a health hazard to other employees.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 84-34, § 12, 1984; Ord. 78-14, § 13, 1978; Ord. 75-20, § 3 (part), 1975; Ord. 73-31, § 2(V)(2), 1973)

2.52.270 PAYMENT IN LIEU OF LEAVE IN EMERGENCY.

(A) Cash in lieu of accumulated annual leave may be obtained, under emergency conditions out-lined in writing and approved by the manager, so long as the employee shall retain at least ten days of annual leave in reserve following cash payment.

(B) The salary rate used in computing the cash payment shall be that rate received by the employee on the date the application for cash payment is signed by the employee.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 84-34, § 13, 1984; Ord. 73-31, § 2(V)(3), 1973)

2.52.280 ADMINISTRATIVE LEAVE.

(A) The following provisions apply to administrative leaves for military service:

(1) An employee who is ordered by the United States Selective Service System to report for a pre-induction physical examination is entitled to a leave of absence without loss of pay, time, or performance rating. The leave of absence shall not exceed 24 regular working hours.

(2) An employee of the borough who is a member of a reserve component of the United States Armed Forces, National or Alaska Guard or Naval Militia is entitled to leave of absence without decrease in income, time or performance rating on all days during which the employee is ordered to training duty, as distinguished from active duty with troops or at field exercises for instruction. The leave of absence may not exceed 132 regular working hours in any calendar year.

(3) An employee ordered to active military duty by the federal government, or by the Governor of the state during a time of war, federal or state emergency, is entitled to a leave of absence without a decrease in time or performance rating or loss of benefits for a period not to exceed 180 calendar days. If the employee’s active service extends beyond the 180-calendar-day period at the convenience and direction of the federal government or the Governor of the state, the assembly may extend the coverage of benefits on a case-by-case basis up to maximum of one year. The employee shall receive full pay for the first 240 regular working hours of active service.

(B) Jury duty shall be treated as administrative leave from borough duty, without loss of longevity, leave or pay. Service in court when subpoenaed as a witness on behalf of the borough, or when called as an expert on a matter of borough concern or relation to a municipal function, shall be treated the same as jury duty. Fees paid by the court, other than travel and subsistence allowances, shall be turned in for deposit to the borough’s general fund. Witness service for purposes other than just described shall be covered by annual leave or without pay, and any fees received in this connection may be retained by the individual.

(C) The manager may authorize administrative leave where necessary for the convenience of the borough, such as during extended loss of heat or power in the work place.

(Ord. 23-081, § 2, 2023; Ord. 94-001AM, § 3 (part), 1994; Ord. 91-013AM, § 2, 1991; Ord. 84-34, § 14, 1984; Ord. 78-14, § 14, 1978; Ord. 73-31, § 2(V)(4), 1973)

2.52.290 LEAVE WITHOUT PAY.

(A) Leave without pay may be granted to any employee by the manager upon recommendation of the department head. Each request for leave without pay shall be considered in the light of the circumstances involved and in regard to the needs of the organization. Leave without pay for nonmedical reasons may be granted by the employer to an employee after all annual leave earned by the employee has been exhausted. Leave without pay may be granted for medical reasons by the employer to any employee after all leave earned by the employee has been exhausted. During leave without pay, the employee on leave shall be covered by the employer’s group health, accident and life insurance policies for not to exceed three months, provided the premiums are paid by the employee to the employer in advance of the borough’s payroll date for premiums withholding.

(B) Normally, except as required by state or federal laws, not more than 60 days’ leave without pay for personal reasons may be granted. Exception may be allowed by the manager if the borough may be expected to benefit by virtue of the employee’s acquisition of advanced or specialized training.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 15, 1978; Ord. 73-31, § 2(V)(5), 1973)

2.52.300 UNAUTHORIZED ABSENCE.

Any absence not authorized and approved in accordance with the applicable sections of this chapter or a collective bargaining agreement reached under MSB 2.54 shall be without pay for the period of the absence and shall be grounds for disciplinary action.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 86-122, § 3, 1986; Ord. 73-31, § 2(V)(6), 1973)

ARTICLE VI. TRAINING

2.52.310 PROGRAM DEVELOPMENT.

Each department head shall develop and conduct such practical training programs as are suited to the special requirements of the department. The manager shall institute and provide for the conduct of training programs which are needed for efficient management of two or more departments. Training programs shall particularly emphasize accident prevention, employee safety and public relations, as well as increased competence. The employer shall reimburse employees up to 100 percent for tuition for career improvement training or education which is approved by the employer.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 16, 1978; Ord. 73-31, § 2(VI)(1), 1973)

ARTICLE VII. PERFORMANCE EVALUATION

2.52.320 STANDARDS AND REPORTS.

Each employee shall be provided with a performance evaluation upon completion of the probationary period and annually thereafter and such other times as the employer may deem desirable. Each evaluation shall be discussed with the employee. Upon completion of this discussion the evaluation shall be signed by the employee and the evaluator. Comments added after the employee signs the evaluation will be discussed with the employee, and an additional signature of the employee will be required. The employee shall receive a copy of the evaluation report after all sections of the report have been completed, and the report shall not be altered after such completion. The employee’s signature shall not constitute agreement with the evaluation. The employee shall have the right to appeal, to be represented and to be heard through the grievance procedure.

(Ord. 78-14, § 17, 1978)

ARTICLE VIII. OFFICIAL TRAVEL

2.52.330 OUTSIDE BOROUGH.

(A) Employees’ time spent on official conferences, meetings or training sessions shall be considered time worked on the usual daily time basis. Actual cost of reasonable food, lodging and travel shall be reimbursed to the employee as outlined in a separate schedule. Days of actual cost shall include time in attendance at an official conference and travel time by the type of conveyance allowed in the travel authorization. Annual leave with prior approval may be taken in conjunction with official meetings.

(B) Travel time and costs of official business shall be allowed based on cost incurred.

(C) Employees subject to the supervision of the manager shall have their attendance at official meetings or conferences approved in writing by the manager.

(D) Should an employee on annual leave attend a training course pertinent to the employee’s work, the department head may honor a certificate of completion of the course for a credit to the employee’s leave account.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(VIII)(1), 1973)

2.52.340 WITHIN BOROUGH.

Transportation for employees, whose work necessitates their travel within the borough, shall be provided for and authorized by the appointing authority.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(VIII)(2), 1973)

ARTICLE IX. PERSONNEL FILES

2.52.350 MAINTENANCE OF FILES.

(A) The manager shall maintain central personnel files for records of the work history of each employee in the borough’s service. Personnel files may not be maintained elsewhere in the borough either by the manager or department heads. Personnel files shall be confidential.

(B) Records maintained in the personnel files shall include the employee’s original application, reports of the results of other employment investigations and tests, reports of work performance, reports of the employee’s progress and disciplinary actions, and other records as may be significant in the employee’s service to the borough. The manager shall prescribe forms for departmental use in personnel matters.

(C) Only the following shall be permitted access to the files: the personnel officer, the manager, the employee’s supervisor and department head, the employee who is the subject of the file, and the department head or the employee’s supervisor in a department into which the employee has applied for promotion or transfer. Other persons shall be permitted access to personnel files upon written approval of the manager or written approval of the employee.

(D) An employee may not be disciplined or discharged on the basis of any information not included in an employee’s personnel file.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 18, 1978)

ARTICLE X. GRIEVANCES

2.52.360 GENERAL POLICY.

It shall be the general policy of the borough and the duty of each supervisory and administrative officer in the borough service to anticipate, insofar as practicable, grievance-producing circumstances and thus prevent grievances from arising. (Ord. 73-31, § 2(X)(1), 1973)

2.52.370 GRIEVANCES.

A grievance exists when an employee has a complaint or dispute regarding a term or condition of employment over which the employee desires remedial action. All employees shall be free to present grievances in the prescribed manner, and shall be assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances.

(Ord. 94-001AM, § 3 (pan), 1994; Ord. 78-14, § 19 (part), 1978)

2.52.380 DISMISSAL GRIEVANCE.

An employee with status who has been suspended, demoted, or discharged from the employee’s position, and who considers himself aggrieved, may file an appeal directly with the manager and request a hearing without following the grievance procedure in MSB2.52.390 through 2.52.400.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 19 (pan), 1978)

2.52.390 GRIEVANCE STEPS.

(A) Before initiating a formal grievance procedure under this section, an employee shall seek to informally resolve the grievance through discussion with the supervisor and department head. If informal discussion fails to resolve the grievance to the employee’s satisfaction, the following formal grievance procedure shall apply. The employee has the right to representation in all formal steps:

(1) Step 1. The employee shall present the grievance in writing to the department head. The department head shall respond in writing to the employee within five days of receipt of the written grievance. If the employee is not satisfied with the department head’s written decision, the employee shall indicate the dissatisfaction to the department head in writing within five days of receipt of the decision. Upon the employee’s request, the department head shall arrange a meeting with the employee, a representative, if desired by the employee, and the department head to discuss the grievance. The department head shall again issue a written decision regarding the grievance within five days of the above discussion.

(2) Step 2. If the department head’s decision does not satisfy the employee, the employee shall, within five days after receipt of the decision, submit the grievance in writing to the manager. The manager shall confer with the department head and appropriate supervisory personnel and the employee. Within ten days following receipt of the written grievance, the manager shall give the employee and the department head a written decision.

(3) Step 3. If the association is not satisfied with the manager’s decision and desires remedial action, the association shall in writing, within seven days after receipt of the decision, notify the manager that it intends to submit the matter to arbitration. The association shall state specifically which article or articles of the negotiated labor contract the-borough is alleged to have violated. The association and the manager shall meet within seven days to select an arbitrator. If the parties cannot agree on an arbitrator, they shall contact the American Arbitration Association or the United States Federal Mediation and Conciliation Service (USFMCS) to obtain a panel of seven arbitrators. If the parties cannot mutually agree upon a name on the panel, they shall, alternatively, strike names until one is remaining.

(B) Arbitration shall proceed as follows:

(1) The arbitration shall be scheduled within 30 days from the date of selection of the arbitrator unless the parties mutually agree in writing to extend the time for the arbitration hearing.

(2) The arbitrator shall have no authority to amend, alter or modify the labor agreement or its terms, and shall limit the decision solely to the interpretation and application of the agreement.

(3) The decision and any award of the arbitrator shall be binding on all parties to the arbitration.

(4) Expenses of the arbitrator shall be equally shared by the parties. Each party shall bear the expenses of its own witnesses.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 86-27, § 2, 1986)

2.52.400 GRIEVANCE WAIVER.

(A) A grievance is waived if:

(1) the employee fails to present the grievance in writing within five days as set out in Step 1;

(2) the employee fails to present the grievance in writing to the manager within five days, as specified in Step 2; or

(3) the employee fails to notify the manager in writing within seven days of the intent to arbitrate, as specified in Step 3.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 19 (part), 1978)

ARTICLE XI. DISCIPLINARY ACTION AND TERMINATION

2.52.410 DISCIPLINE AND DISCHARGE.

(A) The tenure of an employee with status shall continue during good behavior and satisfactory performance. If an employee fails to perform in accordance with the employees’ obligations in this code, or for other reasons, the employer may for cause take action as follows:

(1) a written notice;

(2) denial of pay step increase;

(3) involuntary transfer to another classification or another position of the same class without reduction in grade or salary;

(4) demotion;

(5) suspension without pay; or

(6) dismissal; provided, that before proceeding to dismissal, the appointing authority will obtain a confidential legal review of the proposed dismissal from the borough attorney’s office.

(B) This section shall not apply to executive employees of the borough appointed under MSB 2.52.640.

(Ord. 19-099, § 2, 2019: Ord. 80-33 § 5, 1980; Ord. 78-14, § 19 (part), 1978)

2.52.430 LAYOFFS.

When it is necessary to reduce the number of employees because of lack of funds or reduction in work force, the employer shall determine the class or classes of positions and the number of positions to be eliminated. The employees within a department who are of the same class as a position to be eliminated shall be laid off in reverse order of seniority. An employee shall be entitled to two weeks’ termination notice or two weeks’ pay in lieu of notice except in cases of disciplinary action. (Ord. 78-14, § 20, 1978)

2.52.440 RESIGNATION.

An employee who desires to terminate the employee’s service with the employer shall submit a written resignation to the employee’s supervisor. Resignations shall be submitted as early as possible, but at least ten working days before the final workday. A copy of an employee’s resignation shall be attached to the form affecting separation and be filed in the employee’s personnel file in the personnel division. The statement shall be taken into consideration if the individual applies for reemployment. Upon termination, an employee shall receive compensation for all accrued compensable leave.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 78-14, § 21, 1978)

2.52.450 RETIREMENT.

The borough is a participant in the state supplemental benefits system as provided in Resolution 80-119, approved December 2, 1980, and all employees of the borough are subject to that resolution.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 84-34, § 15, 1984: Ord. 73-31, § 2(XI)(8), 1973)

ARTICLE XII. OUTSIDE EMPLOYMENT

2.52.460 CONFLICTING INTERESTS PROHIBITED.

No full-time or regular employee of the borough shall engage in any occupation or outside activity which is incompatible with the employee’s employment by the borough. Any officer or employee engaging in an occupation or outside activity for compensation shall, through the head of the officer’s or the employee’s department, inform the manager of the time required and the nature of the activity, and the manager shall determine if the activity is incompatible with the borough employment.

(Ord. 94-001AM, § 3 (pan), 1994; Ord. 73-31, § 2(XII), 1973)

ARTICLE XIII. GIFTS AND GRATUITIES

2.52.470 PROHIBITED ACTS.

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

(B) If an employee is offered a gift or gratuity which would, in the eyes of the public or in the eyes of public officials, be construed to be 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 superior, who shall inform the department head. If there is no undue doubt the gift or gratuity is so significant as to create undue influence upon the employee, the matter shall be reported to the department head concerned and the manager.

(C) If an employee shall knowingly accept any gift or gratuity that is construed by the employee’s department head to have created undue influence or result in special consideration benefiting the giver, then with the approval of the manager, that employee shall be dismissed from the borough service.

(D) Any employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation in any contract with the borough, or in the sale of any land, material, supplies or services to the borough, or to a contractor supplying the borough, shall make known that interest. Any employee who wilfully conceals a financial interest or wilfully violates the requirements of this section is guilty of malfeasance in office or position and shall forfeit the office or position.

(E) [Repealed by Ord. 94-001AM, § 3 (part), 1994, and recodified as MSB 2.52.700]

(F) No person who seeks appointment or promotion with respect to any borough position may, directly or indirectly, give, render or pay any money, service or other valuable thing to any person for, or in connection with, the person’s tests, appointment, proposed appointment, promotion or proposed promotion.

(G) Any person who wilfully violates any of the provisions of this section is subject to a civil penalty not to exceed $1,000 for each violation and shall also be ineligible to hold any borough position for five years. If the person is a borough employee, the person shall immediately forfeit the employment. The borough may seek a statutory injunction to prohibit the activity.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(XIII), 1973)

ARTICLE XIV. SERVICE AWARDS

2.52.480 WHEN PRESENTED.

The manager shall provide for recognition of long and faithful municipal service through the presentation of awards to employees as they achieve 5, 10, 15 and 20 years of service.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 73-31, § 2(XIV), 1973)

ARTICLE XV. EXECUTIVES AND EXEMPT EMPLOYEES

[Editor’s note: The title of Article XV was changed from “Executives and Partially Exempt Employees” to “Executives and Exempt Employees” by § 3 of Ord. 92-040, passed 1992.]

2.52.620 APPLICATION OF SPECIFIC SECTIONS; DEFINITIONS.

(A) MSB 2.52.620 through 2.52.690 apply only to those executive employees of the borough defined or listed in subsection (B) of this section and those exempt employees defined or listed in MSB 2.52.653(A). In the event any provision of MSB 2.52.620 through 2.52.690 conflicts with any other provision, MSB 2.52.620 through 2.52.690 shall govern.

(B) Except where otherwise provided in an agreement between the assembly and an executive employee appointed by the assembly, MSB 2.52.620 through 2.52.690 apply to and govern the terms and conditions of employment of the following executives and exempt employees:

(1) executives;

(a) borough manager;

(b) borough clerk;

(d) all department heads;

(e) personnel officer/assistant to the manager;

(f) all deputy and assistant attorneys; and

(g) all other positions reporting directly to the assembly, manager, clerk, or attorney which are designated as executive positions by the assembly.

(2) exempt employees: Those employees in positions set out in MSB 2.52.653(A).

(C) Definitions. For the purpose of MSB 2.52.620 through 2.52.690, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(1) “Appointing authority” means the person or entity authorized to appoint a person to an executive or exempt position under MSB 2.52.640.

(2) The definitions set out in MSB 2.54.020 shall apply to this chapter.

(D) The designation of a position as “executive” in this section shall supersede a designation of the position as “exempt” in MSB 2.52.653.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 4, 1993; Ord. 92-040, § 4, 1992; Ord. 86-42, § 2 (part), 1986; Ord. 85-42, § 2, 1985; Ord. 80-33, § 2 (part), 1980)

2.52.630 RECRUITMENT OF EXECUTIVES.

Notwithstanding other provisions of this code governing recruitment of prospective borough employees, the appointing authority may utilize any recruitment and referral source or technique appropriate to obtain the highest caliber employees to fill executive positions. The appointing authority may utilize notices, evaluations or examinations as appropriate to effective recruitment of executive employees.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 86-42, § 2 (part), 1986; Ord. 80-33, § 2 (part), 1980)

2.52.640 APPOINTMENT OF EXECUTIVES.

(A) The assembly shall serve as appointing authority for and appoint:

(1) the borough manager;

(2) the borough clerk; and

(3) the borough attorney.

(B) The borough attorney shall serve as appointing authority for and appoint the deputy, and assistant attorneys, paralegals and the legal secretary. The borough clerk shall serve as appointing authority for and appoint all positions in the clerk’s office. The manager shall serve as appointing authority for and appoint all other executives and exempt employees.

(C) Except as otherwise provided in these ordinances, executive and exempt employees serve at the pleasure of their respective appointing authorities.

(Ord. 99-069, § 2, 1999; Ord. 93-094AM (sub2), § 5, 1993; Ord. 92-040, § 5, 1992; Ord. 86-27, § 3, 1986; Ord. 86-42, § 2 (part), 1986; Ord. 85-42, § 3, 1985; Ord. 80-33, § 2 (part), 1980)

2.52.650 CLASSIFICATION OF EXECUTIVE AND EXEMPT POSITIONS AND PAY RANGES.

The manager shall prepare executive and exempt employee classification plans which shall constitute the classification plan on the basis of which all permanent positions shall be classified and for which salary ranges shall be established. Amendments to the classification plan may be made by the manager as necessary.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 92-040, § 6, 1992; Ord. 86-42, § 2 (part), 1986; Ord. 80-33, § 2 (part), 1980)

2.52.651 COMPENSATION.

The official pay plan for borough executives and exempt employees shall consist of a table showing the assignments of salary range to each class of positions included in the classification plan.

(Ord. 92-040, § 7, 1992)

2.52.652 PAY PLAN TABLE.

The pay plan table with monthly and annual rates for all executive and exempt positions shall be established by resolution of the assembly. The salary rates are based on full-time permanent employment.

(Ord. 92-040, § 8, 1992)

2.52.653 EXEMPT EMPLOYEES.

(A) The following positions are classified as exempt management positions and, in addition to executives, shall be excluded from membership in an employee labor organization. A change in the position title, or a partial change in the position description, shall not affect the excluded status of the position.

(1) all division managers;

(2) any employee who supervises other supervisory employees, or who otherwise meets the definitions of “management employee” in MSB 2.54.020;

(3) confidential employees, including the manager’s secretary, the legal secretary, and other employees who meet the definition of confidential employees set out in MSB 2.54.020(E); and

(4) other positions designated as excluded at the time of creation by the assembly.

(B) Disputes regarding the inclusion or exclusion of a position from the bargaining unit shall be referred to the Labor Relations Board if the administration and Matanuska-Susitna Borough Employees Association are unable to resolve the dispute.

(C) The manager shall promulgate personnel rules applicable to all executive and excluded employees except for those executives appointed by the assembly.

(D) The positions excluded from membership in an employee labor organization under this section are:

(1) all executives, as set out in MSB 2.52.620(B)(1);

(2) borough assessor;

(3) comptroller;

(4) purchasing officer;

(5) management information services manager;

(6) recreational and library services manager;

(7) planning services chief;

(8) code compliance services chief;

(9) land management officer;

(10) platting officer;

(11) fire service area chief;

(12) emergency medical services coordinator;

(13) public works division manager, operations and maintenance;

(14) public works division manager, engineering;

(15) public works division manager, project management;

(16) borough manager’s secretary;

(17) legal secretary;

(18) administrative secretary II, finance department;

(19) new positions designated as exempt by the assembly in accord with MSB 2.52.653(A) (16-19).

(Ord. 07-074, § 2, 2007; Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 6, 1993; Ord. 92-040, § 9, 1992; Ord. 86-27, § 4, 1986)

2.52.660 COMPENSATION OF EXECUTIVES AND EXEMPT EMPLOYEES.

(A) Consistent with appropriations and within the executive pay range applicable to each position, the appointing authority shall, no later than July 1 of each year, determine the annual salary of each executive and exempt employee. Except for expense reimbursement, executives and exempt employees shall not receive longevity pay, cost-of-living increases, or any other direct monetary compensation in addition to their salary under this section. The appointing authority may review and adjust the salary of an executive or exempt employee more frequently than annually.

(B) Executive and exempt employee salaries determined by the appointing authority shall reflect consideration of:

(1) performance of the employee;

(2) changes, if any, in the cost of living; and

(3) compensation paid to employees in similar positions in both public service and in private industry.

(C) Executive and exempt employees shall not be entitled to payment for overtime. The appointing authority may, however, grant compensatory time off to executive and exempt employees working overtime.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 92-040, § 10, 1992; Ord. 86-42, § 2 (part), 1986; Ord. 80-33, § 2 (part), 1980)

2.52.670 BENEFITS.

(A) The manager shall recommend to the assembly the benefits to be provided to executive and exempt employees. The manager’s recommendations to the assembly shall become effective upon approval of the assembly by ordinance.

(B) In the absence of an ordinance specifying the benefits for executive and exempt employees, such employees shall receive all holiday, leave, training, retirement, worker’s compensation, unemployment compensation, health, life, or disability insurance benefits or other benefits as provided to employees of the borough represented by the Matanuska-Susitna Borough Employee’s Association.

(C) The assembly shall, by written contract, specify the benefits to be provided to executives appointed by the assembly.

(Ord. 93-094AM(sub2), § 7, 1993; Ord. 92-040, § 11, 1992; Ord. 86-42, § 2 (part), 1986; Ord. 80-90, § 2, 1980; Ord. 80-33, § 2 (part), 1980)

2.52.680 SUPERVISION OF EXECUTIVES AND EXEMPT EMPLOYEES; PERFORMANCE EVALUATION.

(A) Executive and confidential employees shall be supervised by their respective appointing authorities. All other exempt employees shall be supervised by the manager.

(B) The responsible supervisor shall, no later than July 1 of each year, furnish each executive and exempt employee under the supervisor’s supervision a written performance evaluation on a form prepared by the manager. Executives and exempt employees shall be allowed to place their own comments on written performance evaluations. Performance evaluations for executive and exempt employees shall be maintained as part of the borough’s permanent personnel records. Executive and exempt employees may appeal through a grievance from performance evaluations made by the responsible supervisor under this section.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 8, 1993; Ord. 92-040, § 12, 1992; Ord. 86-42, § 2 (part), 1986; Ord. 80-33, § 2 (part), 1980)

2.52.690 DISCIPLINE AND DISCHARGE OF EXECUTIVE AND EXEMPT EMPLOYEES.

(A) Except as otherwise provided in any agreement between the assembly and an executive employee appointed by the assembly or an exempt employee, the appointing authority may discipline executive and exempt employees under the appointing authority’s supervision in any manner the appointing authority deems appropriate, including, but not limited to:

(1) a written reprimand;

(2) a verbal reprimand;

(3) involuntary transfer to another classification or another position of the same grade without a reduction in grade or salary;

(4) demotion;

(5) suspension without pay; and

(6) dismissal; provided, that before proceeding to dismissal, the appointing authority will obtain a confidential legal review of the proposed dismissal from the borough attorney’s office.

(B) Except as otherwise provided in an agreement between the assembly and an executive employee appointed by the assembly or an exempt employee, all executive and exempt employees serve at the pleasure of their appointing authority and may be dismissed at any time with or without cause by the employees’ respective appointing authority. No dismissal of an executive or exempt employee may become effective until the appointing authority has obtained a confidential legal review of the proposed dismissal from the borough attorney’s office and the employee is given a statement of reasons for the dismissal.

(D) [Repealed by Ord. 07-074, § 3, 2007]

(Ord. 19-099, § 3, 2019: Ord. 07-074, § 3, 2007; Ord. 03-062, § 2, 2003; IM 96-006, page 1, presented 2-20-96; Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 9, 1993; Ord. 92-040, § 13, 1992; Ord. 86-42, § 2 (part), 1986; Ord. 80-33, § 2 (part), 1980)

2.52.692 Discipline and Discharge Procedures for Exempt/Excluded Employees. [Repealed by Ord. 07-074, § 4, 2007]

ARTICLE XVI. DISCRIMINATION PROHIBITED

2.52.700 DISCRIMINATION PROHIBITED.

A person may not be appointed to or removed from, or in any way favored or discriminated against with respect to any borough position or borough administrative office because of the person’s race, religion, color, or national origin, physical or mental disability, age, sex, 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, sex, marital status, changes in marital status, pregnancy or parenthood.

(Ord. 94-001AM, § 3 (part), 1994)