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

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

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

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

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

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

“Borough” means the Ketchikan Gateway Borough, Alaska.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Position” means an authorized full-time employee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Workweek” means a fixed and regularly recurring period of seven consecutive twenty-four-hour periods beginning on Monday and ending on Sunday. [Ord. No. 1987, §2, 8-1-22; Ord. No. 1807, §1, 7-18-16; Ord. No. 1763, §3, 8-17-15; Ord. No. 1299, §6, 3-15-04; Ord. No. 1228, §1, 9-3-02; Ord. No. 1205, §9, 3-18-02; Ord. No. 1056, §2, 1-5-98; Ord. No. 994, §§7, 8, 7-15-96; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.10.019.]