The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Agency"
means a municipal department, office or enterprise activity identified in chapter 3.20.
"Agency head"
means a department head, office director or utility general manager, or any of their designees.
"Allocation"
means the action taken to assign a position to an appropriate class of positions.
"Appointment"
means those methods by which a person is designated to fill a specific vacant position.
"Base rate of pay"
means the pay assigned to each range and step for a class of positions.
"Candidate"
means a person who has applied for a position, and has been included on an eligibility list as being available for certification.
"Certification"
means the referral of names of qualified applicants by the director at the request of agency heads for selection to a position in the classified service.
"Class"
means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience or skill, and such other characteristics that the same title, the same test of fitness and the same range of compensation apply to each position in the group. Class may also be referred to as a classification.
"Class series"
means a group of job classes which the director has assigned to perform work with increasing levels of responsibility so as to form a career progression.
"Class title"
means the official title used for all personnel, payroll and budget documents. Working titles may be used for all other purposes.
"Classification"
means the process of obtaining adequate position descriptions, gathering necessary additional information, making comparison with other position descriptions and with class specifications, etc., and, finally, of taking official action by allocating a position to a particular class and of assigning a pay range.
"Classification plan"
means the orderly arrangement into classes of all positions in the municipal service, and a listing of class title, class codes and pay ranges assigned to each class.
"Classified service."
The classified service shall be composed of all positions with the exception of elected officials, executives who serve at the pleasure of the mayor, the municipal clerk, assistant municipal clerk, director, equal rights commission and ombudsman, volunteer police and firefighters, and such other officers as may be specifically exempted by the assembly.
"Cumulative service"
means regular straight time hours worked, holiday hours paid and approved paid leave hours.
"Demotion"
means the change of an employee from a position in one class to a position in another class with a lower pay range.
"Director"
means the director, department of human resources, or his or her designee.
"Eligible rate of pay"
means the higher of the following rates, where applicable: factored rate, acting rate, or FLSA regular rate used primarily for the purpose of calculating overtime.
"Employee"
means any person in the employ of the municipality who is subject to these personnel rules, has been hired in accordance with these rules, and whose activities are directed by the municipality.
"Examination"
means objective evaluation of skills, experience, education and other characteristics demonstrating the ability of a person to perform the duties required of a class or position.
"Factored rate of pay"
means the base rate of pay plus the base rate of pay multiplied by the sum of pay enhancement percentages.
"Flex staffing"
means a classification procedure by which positions are allocated to more than one class level.
"Full time employee"
means those employees in 40-hour week and 56-hour Kelly shift positions.
"Full time equivalency (FTE)"
is calculated by dividing the number of position hours per work week by 40. A FTE of 1.0 means the position works 40 hours per week and a FTE of 0.50 means the position is 20 hours per week.
"Immediate family"
means the employee's spouse, child, mother, father, mother-in-law, father-in-law, brother, sister, grandmother, grandfather, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or step-relationship for those family members listed above, person for whom the employee has been appointed as legal guardian, or other family members who reside permanently with the employee. Child means the employee's biological, adopted, or foster child, stepchild, or legal ward.
"Just cause"
means that sufficient justification exists for the proposed action against an employee as provided in section 3.30.0915.
"Kelly shift employee"
means an employee of the Anchorage Fire Department regularly assigned a work schedule consisting, over a period of nine days or 216 hours, of 24 continuous hours on, followed by 24 continuous hours off, followed by 24 continuous hours on, followed by 24 continuous hours off, followed by 24 continuous hours on, followed by 96 hours off.
"Layoff"
means removal from active work status of an employee for reasons beyond his or her control that do not reflect discredit on his or her services, and where certain reemployment or other rights exist.
"Mayor"
means the mayor or his or her designee.
"Merit anniversary date"
means the day of the month following completion of the probationary period.
"Night shift"
means a shift which starts at or after 11:00 p.m., but before 4:00 a.m.
"Nonrepresented"
means an employee, other than an executive employee, who is assigned to a position which is not represented by a bargaining agent certified pursuant to chapter 3.70.
"Parallel class"
means a class that is substantially similar to another class in duties, responsibilities and qualification requirements.
"Part time employee"
means those employees in less than 40-hour per week positions.
"Pay enhancement"
means a percentage to be applied to the base rate of pay for longevity, service recognition, education, certification, license, special team assignments, performance step pay, market based or supervisory adjustments, or other employer pay enhancements incorporated into the personnel rules, or with the written approval of the mayor.
"Position"
means the duties and responsibilities assigned to an employee requiring full-time or part-time employment.
"Promotion"
means a change in status of an employee from a position of one class to a position of another class having a higher salary range.
"Reappointment"
means rehire of an employee in a different class series than he or she previously occupied or rehire of an employee more than one year after the date of his or her last separation.
"Reemployment"
means appointment of an employee due to recall from layoff within one year to the same classification as the position from which that employee was laid off, to a lower position in the same class series as that position, or to a position at the same or lower range in which that employee had previously earned status.
"Reemployment list"
means a list of employees with status who have been laid off and who have made written request for reemployment within one year from date of layoff.
"Regular employee"
is an employee who is neither seasonal nor temporary.
"Rehire"
means an appointment into a position in the same class of positions from which separated in good standing, or into a position in a parallel class, provided the return to employment takes place within one year from date of last separation.
"Reinstatement"
means replacement of an employee into a position in the same class occupied previously or a parallel class when there has been no break in service as provided in section 3.30.064.
"Relative"
means any person who is related by marriage or blood to an applicant or employee.
"Seniority"
means the hire date or rehire date of an employee with no break in service. The employee with the longest continuous service shall be first in seniority.
"Seniority list"
means a list of employees by classification by title within a department in seniority order for regular part-time and regular full-time employees; and seasonal part-time and full-time employees.
"Seniority tie breaker"
means the employee with the greater numeric last four digits of social security number.
"Separation"
means cessation of the work relationship between the municipality and an employee for any reason, including death, dismissal, layoff, resignation and retirement.
"Status"
describes an employee who has attained a regular appointment.
"Subfill"
means filling a position vacancy at a lower class level in the same or a closely related series, provided that other pertinent rules are followed.
"Suggestion program"
means an incentive award program, administered by the director, which encourages input on methods of work improvement and may award such input through formal recognition and monetary award.
"Supervisor"
means an individual having responsibility on behalf of the municipality regularly to participate in the performance of some or all of the following functions with respect to other employees: to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, direct, adjust grievances or effectively to recommend such action, if, in connection with such functions, the exercise of such responsibility is not of a merely routine or clerical nature but requires the exercise of independent judgment.
"Suspension"
means an enforced unpaid leave for disciplinary reasons or pending investigation of charges made against an employee.
"Swing shift"
means a shift which starts at or after 3:00 p.m., but before 11:00 p.m.
"Temporary employee"
means an employee appointed on a temporary or interim basis to a position and subject to the provisions of this chapter.
"Temporary position"
means a position established for a defined period of time not to exceed six months except when the director grants an extension under exceptional circumstances.
"Transfer"
means a lateral movement from one position to another position in the same class, a different class or a parallel class at the same range, without any break in service. Appointment of a temporary employee to a regular position in the same class, a different class or a parallel class at the same pay range is not a transfer.
"Veteran"
is a person who has received an honorable discharge or general (under honorable conditions) discharge from the Army, Navy, Air Force, Coast Guard, Marine Corps, other federal military armed force created by law, National Guard or organized military reserves of the United States, or who is currently serving as a member in good standing in the National Guard or the organized military reserves. Proof of an honorable discharge or general (under honorable conditions) discharge from the military service of the United States can be shown by the submission of a DD Form 214, DD Form 256, NGB Form 22, a letter from the U.S. Department of Veterans Affairs recognizing the person as a veteran, or similar document which, in the opinion of the director, is acceptable proof of an honorable discharge or general (under honorable conditions) discharge. Proof of current service in the National Guard or organized military reserves can be shown by submission of a statement of service which, at a minimum, shows the veteran's full name, date of birth, Social Security Number, date service began, branch of service, rank, name of command providing the information, and unit of assignment. The statement of service must be on a form or letterhead of the veteran's command organization and show the name, signature, title and contact information for the signer providing the statement of service.
"Workday"
means a scheduled daily work period in a scheduled workweek.
(AO No. 79-195; AO No. 82-49; AO No. 83-11(S); AO No. 85-8; AO No. 86-207(S-1); AO No. 88-51; AO No. 91-95; AO No. 91-173(S); AO No. 92-121(S); AO No. 94-117, § 1, 7-26-1994; AO No. 94-225, § 1, 12-6-1994; AO No. 96-128, § 1, 10-1-1996; AO No. 2001-170, § 1, 10-30-2001; AO No. 2004-177(S), § 1, 4-15-2005; AO No. 2011-61(S), § 1, 7-12-2011, retro eff. 7-4-2011; AO No. 2014-32(S), § 1, 2-25-2014; AO No. 2015-23(S), § 7, 3-24-2015; AO No. 2016-108, § 1, 1-1-2017; AO No. 2019-42, § 2, 4-23-2019; AO No. 2020-32, § 1, 5-14-2020)
The purpose of this chapter is to implement and give effect to the intent and requirements of the Charter to establish and operate a system of personnel administration based on approved merit principles and professional methods of governing the recruitment, selection, employment, transfer, removal, discipline and welfare of employees and other incidents of municipal employment.
It is the general intent of this chapter to establish policies which will serve as a guide to administrative action concerning the various personnel activities and transactions. Employee relations bulletins will be issued periodically to amplify the rules by more detailed procedures.
It is the specific intent of this chapter to assist in accomplishment of the following objectives:
A. 
To recruit, select and advance employees on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointment;
B. 
To assist in the accomplishment of affirmative action and equal employment opportunity objectives of the municipality;
C. 
To ensure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, age, sex, religious creed, marital status or disability, and with proper regard for their privacy and constitutional rights as citizens;
D. 
To provide security of tenure for municipal employees subject to need for work done, availability of funds, and continued effective performance and acceptable personal conduct of the employees;
E. 
To provide to employees definite assignment of duties, responsibilities and authority; sound practical training, supervision and evaluation; appropriate compensation in line with prevailing practices and pay in the Anchorage area and municipal governments generally; and recognition for continued good and exceptional service;
F. 
To encourage efficient operation and production of all municipal employees through enlightened human relations and personnel administration on the part of all supervisors, toward the end of optimal service to the public;
G. 
To inform employees of their rights, benefits and responsibilities.
(AO No. 79-195; AO No. 94-117, § 2, 7-26-1994)
A. 
Applicability to nonrepresented employees. This chapter shall apply to all nonrepresented employees except that:
1. 
The executive directors of the equal rights commission and of the child care and early education fund shall be appointed, terminated and paid in a manner determined by the equal rights commission or the Anchorage child care and early education fund board, respectively.
2. 
The municipal clerk, the deputy municipal clerk(s), the assembly program and budget analyst, the assembly counsel, and the ombudsman shall be appointed, terminated and paid in a manner determined by the assembly.
3. 
Executive employees shall be subject only to those provisions of this chapter which do not conflict with the discretionary powers of the mayor stated in sections 3.30.171 through 3.30.177.
4. 
The terms and conditions of this chapter shall not apply to election officials. Those persons performing as election officials, with the exception of the municipal clerk and such members of the clerk's regular staff who work as election officials, shall be appointed, terminated and be paid in accordance with Title 28, pertaining to elections. Election officials are considered employees only to the extent that federal law requires their participation in FICA.
B. 
This chapter shall apply to represented employees pursuant to section 3.70.170 which provides that collective bargaining agreements entered into after May 24, 1989 shall incorporate by reference the then current provisions of these rules, unless another provision has been negotiated.
C. 
Agency rules. Upon coordination with the director, agency heads may establish written agency rules which do not conflict with the provisions of this chapter and collective bargaining agreements. A copy of these agency rules and this chapter shall be available to all affected employees and their collective bargaining representative.
D. 
Grant programs. When an employee is employed under the provisions of a special grant program, the provisions of that grant which conflict with this chapter shall apply.
E. 
Amendments. Employees and agency heads are encouraged to submit recommended additions or modifications to the director at any time. The director shall evaluate such recommendations and forward them to the personnel review board for its consideration in accordance with section 3.30.015C. The administration may submit additions or modifications of this chapter to the assembly for its consideration at any time using the procedures of section 3.30.015C in addition to those periodic recommendations of the board under section 3.30.015C.
(AO No. 79-195; AO No. 82-56; AO No. 86-207(S-1); AO No. 88-71; AO No. 91-166; AO No. 91-173(S); AO No. 92-121(S); AO No. 96-70, § 1, 5-7-1996; AO No. 2015-23(S), § 8, 3-24-2015; AO No. 2018-24, § 4, 4-10-2018; AO No. 2024-61(S-1), § 5, 7-16-2024)
The objective of the department of human resources is to implement and maintain an employee relations program that is responsive both to management and employee needs and consistent with requirements to provide service to the community.
(AO No. 79-195; AO No. 82-49; AO No. 85-8; AO No. 2019-42, § 2, 4-23-2019)
The director shall have overall authority and responsibility for labor relations and personnel administration concerning the municipal service under the general direction of the mayor. In addition to the responsibilities specified elsewhere in this chapter, the director shall:
A. 
Advise the officials of the municipality on all matters pertaining to the administration of personnel and ensure that personnel rules and related contractual obligations are observed by all concerned. In this capacity, the director has final responsibility for interpretation and enforcement of the rules.
B. 
Maintain or direct the maintenance of an up-to-date personnel records system.
C. 
Prepare or direct the preparation of reports on personnel as may be required to prescribe forms required to accomplish all employee relations activities.
D. 
Advise and assist all supervisors in the interpretation and application of all employee relations matters.
E. 
Develop and maintain classification and pay plans.
F. 
Direct the operation of recruitment, employment and promotion programs and ensure equal employment opportunity in these areas.
G. 
Conduct long range manpower planning to project future requirements of personnel, with emphasis on professional, supervisory and managerial positions.
H. 
Review and implement the personnel aspects of all organizational plans and modifications thereto as directed by the mayor.
I. 
Promote and develop programs for improving employee effectiveness, such as training, health, counseling, welfare and productivity improvement programs.
J. 
Develop and maintain a manpower information system.
K. 
Maintain a position control system based on the budget as approved by the assembly.
L. 
Direct the labor relations functions of the municipality.
(AO No. 79-195; AO No. 82-49)
A. 
Establishment. An impartial citizen's human resources advisory board consisting of five members shall be appointed by the mayor with the approval of the assembly. No members will be employed in any capacity in any agency of the municipality or have personal or financial interest which could result in a conflict with successful discharge of duties. Appointees shall have a minimum of four years of recent professional experience in the field of human resources and be recognized as a professional in the field of human resources within the human resources community. The board shall be constituted in accordance with applicable municipal ordinances.
B. 
Meetings, hearings and procedures. The board shall conduct its business in accordance with applicable municipal ordinances.
C. 
Responsibilities. The board will periodically review and make recommendations on this chapter and any amendments thereto. The administration will submit the recommendations of the personnel review board with its own to the assembly for approval. Periodic reviews under this section may be conducted at least once each 18 months after the effective date of the ordinance from which this chapter is derived. Failure to complete periodic review shall not affect the validity of any rule or regulation.
D. 
Quorum and majority rule. Three members of the board shall constitute a quorum for the transaction of business. All actions of the board shall be by simple majority of those present.
E. 
Duties of director; records. The director shall attend all meetings of the board without vote, act as its secretary and record its actions.
(AO No. 79-195; AO No. 82-56; AO No. 91-173(S); AO No. 92-121(S); AO No. 97-102, § 1, 8-19-1997)
A. 
Generally. The director shall provide for the establishment and maintenance of the following records. Personnel records are those documents which reflect an individual's employment record during the period of his or her employment and take three forms:
1. 
Central personnel file. The central personnel file is the official personnel record for an individual employee, and includes but is not limited to employment applications, reports of medical condition, prior employment, work performance, disciplinary actions other than oral reprimands, personnel action forms and tax withholding and benefits information.
2. 
Departmental personnel file. An agency head may establish and maintain an unofficial personnel file for individual employees for use by supervisors. The maintenance of the departmental personnel file and access to that file by the employee and other persons shall be in accordance with this section as determined by the director.
3. 
Medical file. Employee relations will maintain a separate file for an individual employee which contains reports of medical condition resulting from preemployment physical examinations, physical examinations required by the municipality or voluntary physical examinations as described in the Americans with Disabilities Act.
B. 
Access to personnel files.
1. 
Employees shall have access to their own personnel files during normal office hours. A personnel file may be inspected by the employee's agency head, the director and any other person authorized by the director. Except as otherwise provided in this section, a personnel file shall be inspected by others only following presentation of written consent by the employee to whom that file pertains. A document contained in a personnel file, however, shall not be confidential unless it is protected from disclosure by a provision of this Code.
2. 
Review of any personnel files shall be conducted in the presence of the director. No document shall be removed from a personnel file without prior written approval from the director and notice to the employee. The director shall record a written note on a personnel file for every person who reviews it.
C. 
Use of personnel files. Personnel files shall not be used as private dossiers for employees. Employees shall have an opportunity to comment upon each document placed in their personnel files.
D. 
Records. Notwithstanding chapter 3.90, all records maintained by the department of human resources shall be confidential to the extent that they include an analysis, evaluation or critique of an employee's performance, or their disclosure may reveal personal information about an employee or his or her dependents, such as telephone numbers and addresses, or otherwise constitute an unwarranted invasion of privacy. Employment applications, except those of executive employees, and examination materials are confidential and not open to public inspection. However, an applicant for municipal employment who appeals an examination score may review written examination questions relating to the examination unless the questions are to be used in future examinations. The director may authorize municipal employees, agents and contractors to review these records and may make such records of a compelling public interest available to others upon order of a court of competent jurisdiction.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 94-117, § 3, 7-26-1994; AO No. 2019-42, § 2, 4-23-2019)
The director may cooperate with the governmental agencies of other jurisdictions whose merit systems operate in conformity with standards comparable to those contained in this chapter. The director may announce and administer joint examinations and establish joint lists from which eligibles may be certified for appointment in accordance with the provisions of this chapter.
(AO No. 79-195)
A. 
Purpose. There will be a five-member personnel rules committee whose sole purpose is to provide individual comments and recommendations to the employee relations director, the human resources advisory board and the municipal assembly regarding proposed changes to the municipal personnel rules. However, they are free to accept or reject any comments or suggested changes recommended by members of the committee. The committee should neither expect nor demand any response to their individual suggestions.
The personnel rules committee is not to be construed as representational in nature, and is established solely as an informational tool to provide input to the employee relations director, the human resources advisory board and the assembly. The committee is not charged with proposing changes to the personnel rules, but instead with providing input on changes proposed by the administration or assembly. All proposed changes to the personnel rules shall be reviewed by the personnel rules committee prior to the scheduled public hearing.
B. 
Constitution. Each municipal agency shall select a nonrepresented employee of that agency to be part of a nomination committee that will recommend nonrepresented employees to the human resources advisory board to serve on the personnel rules committee. The nominating committee shall select by majority vote five nonrepresented employees for submission to the human resources advisory board. The human resources advisory board shall approve each employee submitted individually and, upon declining to appoint an employee submitted, shall request from the nominating committee additional names for review and approval. Once appointed, the five nonrepresented employees serving on the personnel rules committee shall vote to elect a chairperson who shall serve as the functional head of the personnel rules committee for a two-year term. Executive employees are not eligible to serve on the committee. Members shall serve staggered four-year terms.
C. 
Meetings. The committee will meet upon the request of the employee relations director or the chairperson of the personnel rules committee with the advance approval of the director. The director or his or her designee will attend all meetings of the committee. Committee members will not be required to use paid leave to attend scheduled meetings of the personnel rules committee.
(AO No. 94-225, § 2, 12-6-1994; AO No. 97-102, § 2, 8-19-1997)
[1]
Editor's note — Former § 3.30.018, which pertained to residence requirements and was derived from AO No. 79-195, was repealed by AO No. 86-207(S-1).
A temporary employee is exempted from this chapter except as otherwise stated in specific provisions of this chapter.
(AO No. 79-195; AO No. 82-49; AO No. 83-11(S); AO No. 85-8; AO No. 86-207(S-1); AO No. 88-51; AO No. 91-95; AO No. 91-173(S); AO No. 92-121(S); AO No. 94-117, § 1, 7-26-1994)
Seniority shall be terminated and the employee's service shall be broken under the following conditions:
A. 
Resignation or retirement.
B. 
Discharge.
C. 
Layoff in excess of one year.
D. 
Failure to return from leave of absence or vacation on the agreed date unless approval has been obtained from the employer.
(AO No. 79-195; AO No. 82-49; AO No. 83-11(S); AO No. 85-8; AO No. 86-207(S-1); AO No. 88-51; AO No. 91-95; AO No. 91-173(S); AO No. 92-121(S); AO No. 94-117, § 1, 7-26-1994)