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HomeMy WebLinkAboutAgenda Packet 1-09-18CITY COMMISSION MEETING AGENDA FOR JANUARY 9, 2018 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS RECOGNITION: "The Voice" Top .10 Finalist - Shi Annn J�ongs� 1 PRESEN ATION(S): Ci Manager Recru' ment Firms Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA: A. MINUTES B. APPOINTMENTS) 1. Paducah Convention & Visitors Bureau C. MOTION(S) 1. R & F Documents D. MUNICIPAL ORDER(S) 1. Personnel Actions — M. RUSSELL 05 2. Amend City loyees Position & Pay Schedule — M. RUSSELL 3. Approve City Hall Historic Preservation Tax Credit Application — T. TRACY 9AC1 4p 4. Purchase of One 4x4 SSV Pickup for Use by Fire Department — R. MURPHY �� 5 5. Purchase of One 4 Door Sedan for use by the Fire Department — R. MURPHY 6. Amend City Manager Severance Release Agreement - MAYOR HARLESS &4- 11. ORDINANCES) —ADOPTION WILSON ?01b- A. Approve AFSCME Contract — M. RUSSELL. 4fff0D7F /Ak., p,Y 6 B. Amend Human Rights Commission Ordinance — CITY MANAGER PEDERSON::9>f tF III. ORDINANCES) — INTRODUCTION HOLLAND A. Approval of Conveyance of Paducah Water Works Surplus Property Known As the Massac Pump Station Property — JASON PETERSEN (PADUCAH WATER) ABRAHAM B. FY2018 Budget Amendment for City Hall Improvements Phase I & Greenway Trail Phase V — R. MURPHY/J. PERKINS WILSON C. Accept Bid of A&K Construction for Paducah City Hall Improvements Phase I — R. MURPHY RHODES D. Approve Contract with BFW Engineering for Greenway Trail Phase V Design Services — R. MURPHY HOLLAND E. Amend Smoking Ordinance — MAYOR IV. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience ABRAHAM V. EXECUTIVE SESSION BOARDS and COMMISSIONS 4400p7 APPOINTMENTS and REAPPOINTMENTS e FOR CITY COMMISSION CONFIRMATION ❑ Appointment ❑ Reappointment ❑ Joint Appointment NAME: Glen Anderson 0 Joint Reappointment NAME OF BOARD OR COMMISSION: Paducah -McCracken County Convention & Visitors Bureau DATE TO BE PLACED ON AGENDA: JANUARY 9.201 EXPIRATION OF TERM DATE: DECEMBER 31, 2020 APPOINTEE'S HOME ADDRESS: Street: 910 Christa Drive City/Zip: Paducah, KY 42003 Phone: 502-792-7241 Email Address: lganderson3395na,gmail.com Appointee's Business Name: Address: City/Zip: Phone: TO REPLACE ON BOARD: ❑ Thank you ❑ Resigned ADDRESS: ❑ Term Expired ❑ Other (explain) City/Zip: Appointee Confirmation: Date: 12/7/17 By: Sandra Wison - Chamber Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRMAN: Cc: file Alt r BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION ❑ Appointment ❑ Reappointment ❑ Joint Appointment NAME: Linda Crowe Curtis ® Joint Reappointment NAME OF BOARD OR COMMISSION: Paducah -McCracken County Convention & Visitors Bureau DATE TO BE PLACED ON AGENDA: JANUARY 9.2018 EXPIRATION OF TERM DATE: DECEMBER 31, 2020 APPOINTEE'S HOME ADDRESS: Street: 229 Madison Street City/Zip: Paducah KY 42001 Phone: _(270) 575-4658 Email Address: Appointee's Business Name: Address: City/Zip: Phone: ❑ Thank you ❑ Resigned ❑ Term Expired ❑ Other (explain) lrcrowe33gatt.net TO REPLACE ON BOARD: ADDRESS: City/Zip: Appointee Confirmation: Date: 12/21/17 By: Monica Adams —Paducah Hospitality Association Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRMAN: Cc: file BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CIN COMMISSION CONFIRMATION ❑ Appointment ❑ Reappointment ❑ Joint Appointment NAME: Kelm Burchard ® Joint Reappointment NAME OF BOARD OR COMMISSION: Paducah -McCracken County Convention & Visitors Bureau DATE TO BE PLACED ON AGENDA: January 9, 2018 EXPIRATION OF TERM DATE: DECEMBER 31. 2020 APPOINTEE'S HOME ADDRESS: Street: 3994 Hinkleville Road City/Zip: Paducah, KY 42001 Phone: (270) 444-7667 Cell: 270-994-0691 Email Address: kelmgmidamcorp.com Appointee's Business Name: Auburn Place Hotel Suites Address: City/Zip: Phone: ❑ Thank you ❑ Resigned ❑ Term Expired ❑ Other (explain) TO REPLACE ON BOARD: ADDRESS: City/Zip: Appointee Confirmation: Date: 01/2016 By: Monica Adams- Paducah Hospitality Association Board of Commission Approval: Original to: Tammara S. Sanderson, City Clerk BOARD CHAIRMAN: Cc: file December 7, 2017 The Honorable Brandi Harless Mayor of Paducah Paducah City Hall P.O. Box 2267 Paducah, KY 42002-2267 Dear Mayor Harless; RECEIVED �tv2017 CITY tLERK On December 31, 2017, the position held by Glen Anderson on the Paducah -McCracken County Convention & Visitors Bureau will expire. This position is a three-year term representing the Paducah Area Chamber of Commerce and is a joint appointment of the Mayor of Paducah and the McCracken County Judge Executive. Glen has been an excellent board member and is currently servicing as Chair of the CVB. His business experience as CEO of Paducah Water and past Chair of the Paducah Chamber continues to bring a big. ig picure-view to the CVB. His understanding of how organizations work together to reach the common goals combined with his personnel skills has been invaluable. The Paducah Area Chamber of Commerce recommends the reappointment. of Glen Anderson for a third and final term on the Convention & Visitors Bureau board. Glen Anderson 910 Christa Drive Paducah, 'KY 42003 (502)79-2.-7241 lmders on3 3.95 @ gm ail..com Thank you for your continued support of the tourism industry in Paducah -McCracken County. Respectfully, '4�—RIC L 300 SOUTH 3RD STREET P.O. BOX 810 • PADUCAH, KENTUCKY 42002-0810 .�,,�;,�, Kentucky _ Distincwel`tty¢ 270.443.1746 • FAX 270,442.9152 • info@paducahchamberorg • www.paducahchamber.org PADUCAH HOSPITALITY ASSOCIATION December 21, 2017 Mayor Brandi Harless Paducah City Hall P.O. Box Paducah, KY 42002 - Dear Mayor Harless: There is currently one position on the board of the Paducah -McCracken County Convention & Visitors Bureau representing the restaurant industry that will expire on December 31, 2017. Linda Curtis, Owner, Walker Hall Special Events Center, is just completing her first term on the board. The Paducah Hospitality Association, dba Paducah -McCracken County Restaurant Association, respectfully recommends the reappointment of Linda Curtis to the CVB Board for second three-year term, ending December 31, 2020. The Paducah Hospitality Association, dba Paducah -McCracken County Hotel/Lodging Association, also respectfully recommends the reappointment of Kelm Burchard to the CVB Board for second three-year term, ending December 31, 2018. This will be a one-year appointment by the Mayor and City Commission to coordinate the board appointment dates with McCracken County Fiscal Court. These two positions on the CVB Board are joint appointments with the Mayor and Judge Executive. Kelm Burchard Linda Curtis General Manager Owner Holiday Inn/Auburn Place Hotel Suites Walker Hall Special Events Center 3994 HInkleville Rd. 229 Madison Paducah, KY 42001 Paducah, KY 42001 270.444.7667 270.575.4658 kelm@midamcorp.co lrcrowe33gatt.net Thank you for your continued support of the tourism industry in Paducah -McCracken County. Respectfully, Monica Adams President Paducah Hospitality Association CITY OF PADUCAH January 9, 2018 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. anager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS January 9, 2018 CITY OF PADUCAH PERSONNEL ACTIONS January 9, 2018 POSITION RATE NCS/CS FLSA EFFECTIVE DATE EMERGENCY COMMUNICATION SRVCS Coffie-Grubbs, Heather M. Telecommunicator $16.10/Hr. NCS Non -Ex January 18, 2018 Hunt, Jordan T. Telecommunicator $16.10/Hr. NCS Non -Ex January 18, 2018 Newton, Michelle D. Telecommunicator $13.47/Hr. NCS Non -Ex January 18, 2018 POLICE OPERATIONS Armstrong, Jason M. Recruit Officer $21.00/Hr NCS Non -Ex January 25, 2018 Smith, Rebecca A. Recruit Officer $21.00/Hr NCS Non -Ex January 25, 2018 Easter, Anthony J. Recruit Officer $24.12/Hr NCS Non -Ex February 15, 2018 EPW - COMPOST Stevens, Rodney K. Compost Supervisor $22.50/Hr. NCS Non -Ex December 21, 2017 4. PA ROL D,JUSTMBNTSITRA SFE .RSI ;,,R OTIO SIT MRO RY •. SSG PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY FINANCE Copeland, Angela R. Revenue Manager Revenue Manager NCS Non -Ex January 18, 2018 $35.17/Hr. $36.23/Hr. Herndon, Audra J. Controller Controller NCS Non -Ex January 18, 2018 $36.98/Hr. $38.09/Hr. PARKS SERVICES Evans, Leslie, E. Parks Maintenance Supt. Parks Maintenance Supt. NCS Non -Ex December 21, 2017 $27.90/H r. $28..45/H r. PLANNING Allen -McEwen, Lasica Housing Specialist Housing Specialist NCS Non -Ex January 18, 2018 $18.64/Hr. $19.24/Hr. FIRE - SUPPRESSION Farmer, Bryan G. Acting Fire Captain Fire Lieutenant NCS Non -Ex January 4, 2018 $17.89/Hr. $16.77/Hr. Hansen, Wayne C. Acting Fire Lieutenant FF/Relief Driver NCS Non -Ex January 4, 2018 $16.56/Hr. $15.33/Hr. Graves, Matthew W. Fire Lieutenant Acting Fire Captain NCS Non -Ex November 26, 2017 $16.77/Hr. $17.89/Hr. Graves, Matthew W. Acting Fire Captain Fire Lieutenant NCS Non -Ex December 27, 2017 $17.89/Hr. $16.77/Hr. Harris, Daniel W. FF/Relief Driver Acting Fire Lieutenant NCS Non -Ex November 4, 2017 $15.55/Hr. $16.88/Hr. Harris, Daniel W. Acting Fire Lieutenant FF/Relief Driver NCS Non -Ex January 1, 2018 $16.88/Hr. $15.55/Hr. Huskey, John H. Acting Assisstant Fire Chief #2 Acting Assisstant Fire Chief #1 NCS Non -Ex December 7, 2017 $18.31/Hr. $18.76/Hr. Warner, Todd M. Acting Assisstant Fire Chief #1 Acting Assisstant Fire Chief #2 NCS Non -Ex December 7, 2017 $18.76/Hr. $18.31/Hr. CITY OF PADUCAH PERSONNEL ACTIONS January 9, 2018 TERMINATIONS' EULIffilM (FIT;I EMERGENCY COMMUNICATION SRVCS POSITION REASON EFFECTIVE DATE Hite, Charles T. E-911 Shift Supervisor Retirement December 31, 2017 INFORMATION TECHNOLOGY Mueller, Gregory E. Director of IT Retirement December 31, 2017 POLICE OPERATIONS Drew, Kelly E. Police Sergeant Retirement December 31, 2017 PLANNING Swift, Donna L. Housing Specialist Retirement January 31, 2018 Winchester, Melinda R. Downtown Development Specialist Resigned December 31, 2017 MUNICIPAL ORDER NO. Z05a.J A MUNICIPAL ORDER AMENDING SECTION (G), ENGINEERING/PUBLIC WORKS, OF THE FY2017-2018 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY TO REDUCE THE NUMBER OF LABORERS BY TWO AND INCREASE THE TRUCK DRIVER POSITIONS BY TWO WHEREAS, the City of Paducah adopted the FY2017-2018 Position and Pay Schedule by Municipal Order No. 1983 on June 27, 2017; and WHEREAS, it is necessary to amend the schedule to reduce the number of laborers by two and increase the truck driver positions by two in the Solid Waste Division of Engineering/Public Works; and WHEREAS, in order to implement the changes it is necessary to amend the FY2017-2018 Position and Pay Schedule. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby approves to amend the FY2017-2018 Position and Pay Schedule for the employees of the City of Paducah as attached hereto. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, January 9, 2018 Recorded by Tammara S. Sanderson, City Clerk, January 9, 2018 mo/Position and Pay Schedule-EPW-1-9-18 Section G. AUTHORIZED POSITIONS FY 17118 HOURLY WAGE ENGINEERING/PUBLIC WORKS DEPT. BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE City Engineer & Public Works Director 1 1 58.89 40 E Z Assistant Public Works Director 1 1 36.75 40 E T Storm Water & Drainage Engineer 1 1 36.96 40 E R Engineer Project Manager 1 1 34.68 40 E N Engineering Assistant III 40 E M Engineering Assistant II L Engineering Technician 1 1 4 22_34 40 E J Executive Assistant 1 1 1 18.56 40 NE F Administrative Assistant III 1 1 15.30 40 NE D Floodwall Division EPW Floodwall Superintendent 1 1 29.58 40 E N Floodwall Operator 4 40 NE F 80% 15.59 85% 16.56 90% 17.53 95% 18.51 100% 1 3 19.49 Street Division EPW Street Superintendent 1 1 33.58 40 E N EPW Street Supervisor 2 4 2 40 E L 4- 40 E L Equipment Operator 3 2 NE E 80% 15.46 85% 16.42 90% 17.39 95% 18.35 100% 2 1 19.33 Concrete Finisher 2 NE E 80% 15.46 85% 16.42 90% 17.39 95% 18.35 100% 2 19.33 Right -Of -Way Maintenance Person 13 3 NE C 80% 14.62 85% 15.53 90% 2 1 16.44 95% 4 2 17.36 100% 6 9 2 18.27 Maintenance Division EPW Fleet I Maintenance Superintendent 1 1 36.06 40 E 0 EPW Maintenance Supervisor 1 1 23.53 E L Laborer 5 1 NE C 80% 13.61 85% 14.46 90% 15.31 95% 16.16 100% 3 1 17.00 Traffic Technician 1 NE E 80% 15.59 85% 16.56 90% 17.53 95% 18.51 100% 1 19.48 Journeyman Electrician 1 1 20.81 NE I Maintenance Technician 4 1 NE E 80% 15.59 85% 16.56 90% 17.53 95% 18.51 100% 1 2 19.48 Fleet Maintenance Division EPW Fleet Supervisor 1 1 23.12 E L Administrative Assistant III 1 1 17.34 40 NE D Fleet Mechanic I NE G Fleet Mechanic II 4 16.75 NE I 1 18.73 1 20.82 1 21.74 1 22.14 Solid Waste Division EPW Solid Waste Supervisor 2 1 23.13 E L 1 22.63 EPW Compost Operations Supervisor 1 1 22_50 E L Administrative Assistant III 1 1 17.87 40 NE D Laborer 6 4 2 1 NE C 80% 13.61 85% 14.46 90% 15.31 95% 16.16 100% 3 21 _ 17.00 Truck Driver 14 13 2 NE P C 80% 14.51 85% 15.41 90% 1 16.32 95% 1 17.23 100% 7 2 18.13 Right -Of -Way Maintenance Person 2 1 NE C 80% 14.62 85% 15.53 90% 16.44 95% 17.36 100% 1 18.27 Compost Equipment Operator 2 1 NE F 80% 15.81 85% 16.80 90% 17.79 95% 18.78 100% 1 19.76 Total Budgeted/Filled for Department 77 54 1 11 1 12 Note: positions are eliminated through attrition they will be filled as a Non -Civil Service positions. Note: RCSS - Individuals Retain Civil Service Status Note: As the Floodwall Operators' CS positions are eliminated through attrition they will be filled as Non -Civil Service positions. Note: AFSCME employees in the classificaton above shall be eligible to receive "Shift Differential" of $0.35/Hr. Note: AFSCME employees in the above classification shall be eligible to receive $0.50/Hr as a "Work Leader'. Agenda Action Form Paducah City Commission Meeting Date: January 9, 2018 Short Title: A Municipal Order Amending the Engineering/Public Works Department Section G of the FY2017-2018 Position and Pay Schedule of the City of Paducah, Kentucky ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Martin Russell Presentation By: Martin Russell Background Information: This proposed action will amend Municipal Order 1983 establishing the Position and Pay Schedule. The summary of the two changes are as follows: Reduce the position of Laborer by two (2) and Increase the Truck Driver position by two (2) in the Solid Waste Division. Goal: ❑Strong Economy ® Quality Services[:] Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: NA Account Number: NA Finance Staff Recommendation: Approve Attachments: Department Head City Clerk it anager Section G. 1 AUTHORIZED POSITIONS FY 17118 33.58 40 E N EPW Street Supervisor 2 4 2 HOURLY E L 4 40 WAGE Equipment Operator 3 ENGINEERING/PUBLIC WORKS DEPT. BUDGET FILLED VACANT ADJ. HOURS EXEMPT PAY POSITIONS TOTAL NON -CS RCSSICS RATE WORK NONEXEMPT GRADE City Engineer & Public Works Director 1 1 58.89 40 E Z Assistant Public Works Director 1 1 36.75 40 E T Storm Water & Drainage Engineer 1 1 36.96 40 E R Engineer Project Manager 1 1 34.68 40 E N Engineering Assistant III 15.46 85% 40 E M Engineering Assistant II 90% L Engineering Technician 1 1 4 22_34 40 E J Executive Assistant 1 1 1 18.56 40 NE F Administrative Assistant III 1 1 15.30 40 NE D Floodwall Division 14.62 85% EPW Floodwall Superintendent 1 1 29.58 40 E N Floodwall Operator 4 95% 40 NE F 80% 100% 15.59 18.27 85% 16.56 90% 17.53 95% 18.51 100% 1 3 19.49 Street Division EPW Street Superintendent 1 1 33.58 40 E N EPW Street Supervisor 2 4 2 40 E L 4 40 E L Equipment Operator 3 2 NE E 80% 15.46 85% 16.42 90% 17.39 95% 18.35 100% 2 1 19.33 Concrete Finisher 2 4 NE E 80% 15.46 85% 16.42 90% 17.39 95% 18.35 100% 2 19.33 Right -Of -Way Maintenance Person 13 3 NE C 80% 14.62 85% 15.53 90% 2 1 16.44 95% 12 17.36 100% 6 9 2 18.27 Maintenance Division EPW Fleet/ Maintenance Superintendent 1 1 36.06 40 EPW Maintenance Supervisor 1 1 23.53 Laborer 5 1 80% 13.61 85% 14.46 90% 15.31 95% 16.16 100% 3 1 17.00 Traffic Technician 1 80% 15.59 85% 16.56 90% 17.53 95% 18.51 100% 1 19.48 Journeyman Electrician 1 1 20.81 Maintenance Technician 4 1 80% 15.59 85% 16.56 90% 17.53 95% 18.51 100% 1 2 19.48 Fleet Maintenance Division EPW Fleet Supervisor 1 1 23.12 Administrative Assistant III 1 1 17.34 40 Fleet Mechanic I Fleet Mechanic II 4 16.75 1 18.73 1 20.82 1 21.74 1 22.14 Solid Waste Division EPW Solid Waste Supervisor 2 1 23.13 1 22.63 EPW Compost Operations Supervisor 1 1 22.50 Administrative Assistant III 1 1 17.87 40 Laborer 6 4 2 1 80% 13.61 85% 14.46 90% 15.31 95% 16.16 100% S 2 1 17.00 Truck Driver 44 13 2 80% 14.51 85% 15.41 90% 1 16.32 E E NE NE NE NE E NE NE NE E E NE NE NE 0 L C E I E L D G I L L D C C 95% 1 17.23 100% 7 2 18.13 Right -Of -Way Maintenance Person 80% 85% 90% 95% 100% 2 1 14.62 15.53 16.44 17.36 18.27 NE C Compost Equipment Operator 2 1 NE F 80% 15.81 85% 16.80 90% 17.79 95% 18.78 100% 1 19.76 Total Budgeted/Filled for Department 77 54 11 12 Note: positions are eliminated through attrition they will be filled as a Non -Civil Service positions. Note: RCSS - Individuals Retain Civil Service Status Note: As the Floodwall Operators' CS positions are eliminated through attrition they will be filled as Non -Civil Service positions. Note: AFSCME employees in the classificaton above shall be eligible to receive "Shift Differential" of $0.35/Hr. Note: AFSCME employees in the above classification shall be eligible to receive $0.50/Hr as a "Work Leader". A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT TO APPLY TO THE KENTUCKY HERITAGE COUNCIL FOR A 2018 TAX CREDIT ALLOCATION FOR THE CITY HALL RENOVATION PHASE I PROJECT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application and all documents necessary to the Kentucky Heritage Council for a 2018 tax credit allocation for City Hall Renovation Phase I project. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, January 9, 2018 Recorded by Tammara S. Sanderson, City Clerk, January 9, 2018 \mo\grants\Kentucky Heritage Council -tax credit allocation -City Hall Phase I Agenda Action Form Paducah City Commission Meeting Date: 9 January 2018 Short Title: City Hall Renovation Phase I — Historic Preservation Tax Credit Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work BY: Melinda Winchester Presentation By: Tammara Tracy Background Information: The Planning Department is proposing to submit a preliminary application to the Kentucky Heritage Council for a 2018 tax credit allocation as part of the funding package for the City Hall Renovation Phase I project. Kentucky historic preservation tax credits are available for buildings listed in the National Register of Historic Places or located within a historic district listed in the National Register and certified by the Kentucky Heritage Council as contributing to the historic significance of the National Register district. The City Hall Renovation Phase I project is eligible for up to $400,000 in Kentucky (state) Historic Preservation tax credits. Preliminary applications must be submitted to the Heritage Council no later than April 29, 2018 with allocation notifications in July 2018. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods54 Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Authorize the Mayor to sign all required application documents. Attachments: N/A •fin--�.oa-tea---, Department Head City Clerk City ana er MUNICIPAL ORDER NO. 9, 05 9 A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE HALF -TON 4X4 SSV PICKUP TRUCK FOR USE BY THE FIRE DEPARTMENT -FIRE PREVENTION DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Linwood Motors, in the amount of $35,057.00, for sale to the City of one half -ton 4x4 SSV pickup truck, for use by the Fire Department -Fire Prevention Division, said bid being in substantial compliance with bid specifications, and as contained in the bid of Linwood Motors, of December 14, 2017. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of one half -ton SSV pickup truck, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be charged to Rolling Stock/Vehicles Fleet Lease Trust Fund account, account number 71000210-540050. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, January 9, 2018 Recorded by Tammara S. Sanderson, City Clerk, January 9, 2018 \mo\pworks-SSV truck -pickup -Fire Dept Agenda Action Form Paducah City Commission Meeting Date: January 9, 2018 Short Title: Purchase of One (1) 1/2 Ton 4x4 SSV Pick -Up for use by the Fire Department -Fire Prevention Division ❑ Ordinance ❑ Emergency ®Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Dena Alexander, EPW Admin Asst. III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On December 14, 2017, sealed written bids were opened for the purchase of One (1) '/2 Ton 4x4 SSV Pick -Up for use by the Fire Department -Fire Prevention Division. Two bids total were received. They were Paducah Ford $38,334.00 and Linwood Motors $35,057.00. Linwood Motors being the lowest evaluated bidder. The delivery time will be 56 days after contract execution. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account. Name: Rolling Stock/Vehicles Fleet Lease Trust Fund Account Number: 71000210-540050 Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute a contract with Linwood Motors for the purchase of One (1) '/z Ton 4x4 SSV Pick -Up for use by the Fire Department -Fire Prevention Division in the total amount of $35,057.00. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract Depart ent ea City Clerk C ty, Manager CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT One (1)1/2 Ton 4x4 SSV Pick -Up Truck for use by the Fire Department LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST on Thursday December 14, 2017 OFFICIAL BIDDER OF RECORD Linwood Motors Paducah Ford Contact: Philip Morris Allyn Moore Mailing Address: 3345 Park Ave 3476 Park Ave 4. Compliance with Tech Specs form Paducah, KY 42001 Paducah KY 42001 One (1) 112 Ton 4x4 SSV Pick -Up Truck for None None use by the Fire Department $35,057.00 $38,334.00 Delivery Time 56 days 79 days Manufacturer: Dodge Ram - __ _ - -Ford F-150 DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification Yes Yes 2. Manufacturer Specifications Yes Yes 3. Warranty Information Yes Yes 4. Compliance with Tech Specs form Yes Yes 5. Deviations with Information None None Kentucky State Bidder Yes Yes Responsive & Responsible Bidder: Yes Yes . Evaluation .Score: 1000.00 946.70 BID RECOMMENDED FOR ACCEPTANCE Yes No 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT to PURCHASE ONE (1) % TON PICKUP 4x4 SSV for use by the FIRE DEPARTMENT - FIRE TRAINING DIVISION THIS AGREEMENT, made this day of , 2018 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and LINWOOD MOTORS hereinafter called the VENDOR, for the consideration hereinafter named, agrees as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide One (1)'/Z Ton Pickup 4x4 SSV to be used by the Fire Department - Fire Training Division, in full compliance with the Bid Proposal dated December 14, 2017 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within Fifty -Six (56) consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Thirty -Five Thousand Fifty -Seven Dollars and Zero Cents ($35,057.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on January 9, 2018 by Municipal Order No. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5, GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY BY TITLE Brandi Harless, Mayor ADDRESS: ADDRESS: Post Office box 2267 Paducah, Kentucky 42002-2267 MUNICIPAL ORDER NO. Qo '5 44Dopt a A MUNICIPAL ORDER ACCEPTING THE BID FOR SALE TO THE CITY OF ONE (1) RED 4 -DOOR SEDAN VEHICLE FOR USE BY THE FIRE DEPARTMENT -FIRE PREVENTION DIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH,KENTUCKY: SECTION 1. The City of Paducah accepts the bid of Linwood Motors, in the amount of $24,680.00, for sale to the City of one (1) red 4 -door sedan vehicle with factory police packages, for use by the Fire Department -Fire Prevention Division, said bid being in substantial compliance with bid specifications, and as contained in the bid of Linwood Motors, of December 14, 2017. SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood Motors, for the purchase of one (1) red 4 -door sedan vehicle, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. This purchase shall be charged to Rolling Stock/Vehicles Fleet Lease Trust Fund account, account number 71000210-540050. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, January 9, 2018 Recorded by Tammara S. Sanderson, City Clerk, January 9, 2018 \mo\pworks-4-door sedan -Fire Dept Agenda Action Form Paducah City Commission Meeting Date: January 9, 2018 Short Title: Purchase of One (1) Red 4 -Door Sedan Vehicle with Factory Police Packages for use by the Fire Department -Fire Prevention Division ❑ Ordinance ❑ Emergency ®Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Dena Alexander, EPW Admin Asst. III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On December 14, 2017, sealed written bids were opened for the purchase of One (1) Red 4 - Door Sedan Vehicle with Factory Police Packages for use by the Fire Department -Fire Prevention Division. Two bids total were received. They were Paducah Ford $26,569.00 and Linwood Motors $24,680.00. Linwood Motors being the lowest evaluated bidder. The delivery time will be 56 days after contract execution. Goal: ❑Strong Economy ®Quality Services []Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Rolling Stock/Vehicles 5)/t//c� Fleet Lease Trust Fund f zfvl Account Number: 71000210-540050 Lff Staff Recommendation: To receive and file the bid and adopt a Municipal Order authorizing the Mayor to execute a contract with Linwood Motors for the purchase One (1) Red 4 -Door Sedan Vehicle with Factory Police Packages for use by the Fire Department -Fire Prevention Division in the total amount of $24,680.00. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT One (1) Red 4 Door Sedan Vehicle w/Factory Police Package for use by the Fire Department LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST on Thursday December 14, 2017 OFFICIAL BIDDER OF RECORD Linwood Motors Paducah Ford Contact: Philip Morris Allyn Moore Mailing Address: 3345 Park Ave 3476 Park Ave Paducah, KY 42001 Paducah KY 42001 One (1) Red 4 Door Sedan Vehicle w/Factory Police Package for use by the Fire $24,680.00 $26,569.00 Department Delivery Time 56 days 79 days Manufacturer: Dodge Charger Ford Taurus DOCUMENTS REQUIRED FOR COMPLIANCE SUBMITTED: 1. Bidder's Required Certification Yes Yes 2. Manufacturer Specifications Yes Yes 3. Warranty Information Yes Yes 4. Compliance with Tech Specs form Yes Yes 5. Deviations with Information None None Kentucky State Bidder Yes Yes Responsive & Responsible Bidder: Yes Yes Evaluation Score: 1000.00 956.60 BID RECOMMENDED FOR ACCEPTANCE Yes No 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT to PURCHASE ONE (1) RED 4 DOOR SEDAN VEHICLE WFACTORY POLICE PACKAGE for use by the FIRE DEPARTMENT - FIRE PREVENTION DIVISION THIS AGREEMENT, made this day of , 2018 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and LINWOOD MOTORS hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide One (1) Red 4 Door Sedan Vehicle w/Factory Police Package to be used by the Fire Department -Fire Prevention Department in full compliance with the Bid Proposal dated December 7, 2017 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicles within Fifty -Six (56) consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Twenty -Four Thousand Six Hundred Eighty Dollars and Zero Cents ($24,680.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on January 9, 2018 by Municipal Order No. ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY TITLE BY Brandi Harless, Mayor ADDRESS: ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 209614 MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AN ADDENDUM TO THE SEVERANCE AND RELEASE AGREEMENT WITH CITY MANAGER AND AUTHORIZING THE EXECUTION OF THE ADDENDUM WHEREAS, on November 7, 2017, Jeffery A. Pederson tendered his resignation as City Manager; and WHEREAS, the City and Jeffery A. Pederson subsequently entered into a Severance and Release Agreement; and WHEREAS, the City and Jeffery A. Pederson now wish to enter into an Addendum to the Severance and Release Agreement; NOW THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. Recitals and Authorization. The City hereby approves the Addendum to Severance and Release Agreement ("Addendum") among the City and the Jeffery A. Pederson in the form attached hereto as Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Addendum for the purposes therein specified, and the execution and delivery of the Addendum is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Addendum. It is further ordered that the City Finance Officer and Human Resources Officer shall take such administrative steps deemed necessary to implement Exhibit A. Section 2. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. IU • ATTEST: City Clerk Adopted by the Board of Commissioners, January 9, 2018 Recorded by City Clerk, January 9, 2018 \mo\agree-severance & release amendment — city mgr Jan 2018 EXHIBIT A ADDENDUM TO SEVERANCE AND RELEASE AGREEMENT See attachment. 209560 ADDENDUM TO SEVERANCE AND RELEASE AGREEMENT THIS ADDENDUM to Severance and Release Agreement ("Addendum") is entered into as of this day of January, 2018 by and between the CITY OF PADUCAH, state of Kentucky, a municipal corporation (hereinafter referred to as "Employer") and JEFFERY A. PEDERSON of Paducah, Kentucky (hereinafter referred to as "Employee"). WITNESSETH: WHEREAS, the parties entered into that certain Severance and Release Agreement ("Agreement"), dated November , 2017; and WHEREAS, the parties now desire to amend that agreement in accordance with the provisions of this Addendum; NOW, THEREFORE, in consideration of the foregoing premises, and for other valuable consideration, the parties do covenant and agree as follow: Addendum. The Agreement shall be altered to provide for a Separation Date of midnight on May 15, 2018. All references to the Separation Date within the Agreement and this Addendum shall mean May 15, 2018 and no further unless extended by a majority vote of the Commission. 2. Reaffirmation of the Other Terms and Provisions of the Agreement. Except for this Addendum, all other terms and provisions under the Agreement shall remain in full force and effect. This shall include all severance pay and benefits, as described in Section 2 of the Agreement, which shall be calculated as of the new Separation Date of May 15, 2018. Accordingly, the parties do hereby ratify and reaffirm all of the terms and provisions therein. 3. ADEA Waiver. Employee/"You" acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA ("ADEA Waiver"). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (b) you should consult with any attorney prior to signing this Agreement; (c) you have twenty-one (21) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (d) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Employer within the seven (7) day prior; and the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement. Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable. Employee Initials 209560 IN WITNESS WHEREOF, the parties hereto have executed this Addendum by the signatures signed below. EMPLOYER: Date: STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) EMPLOYEE: By: JEFFERY A. PEDERSON Date: The foregoing instrument was acknowledged before me this day of January, 2018, by Jeffery A. Pederson, Employee. My commission expires Notary Public, State at Large STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was acknowledged before me this day of January, 2018, by (title) of the City of Paducah, Employer. My commission expires Notary Public, State at Large [1 Employee Initials 209560 ADDENDUM TO SEVERANCE AND RELEASE AGREEMENT THIS ADDENDUM to Severance and Release Agreement ("Addendum") is entered into as of this day of January, 2018 by and between the CITY OF PADUCAH, state of Kentucky, a municipal corporation (hereinafter referred to as "Employer") and JEFFERY A. PEDERSON of Paducah, Kentucky (hereinafter referred to as "Employee"). WITNESSETH: WHEREAS, the parties entered into that certain Severance and Release Agreement ("Agreement"), dated November , 2017; and WHEREAS, the parties now desire to amend that agreement in accordance with the provisions of this Addendum; NOW, THEREFORE, in consideration of the foregoing premises, and for other valuable consideration, the parties do covenant and agree as follow: Addendum. The Agreement shall be altered to provide for a Separation Date of midnight on May 15, 2018. All references to the Separation Date within the Agreement and this Addendum shall mean May 15, 2018. Further, from the date of this Addendum to the- Separation Date, Employee shall serve at the discretion of the Commission and the Commission reserves the sole right to accelerate the Separation Date. 2. Reaffirmation of the Other Terms and Provisions of the Agreement. Except for this Addendum, all other terms and provisions under the Agreement shall remain in full force and effect. This shall include all severance pay and benefits, as described in Section 2 of the Agreement, which shall be calculated as of the new Separation Date of May 15, 2018. Accordingly, the parties do hereby ratify and reaffirm all of the terms and provisions therein. 3. ADEA Waiver. Employee/"You" acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA ("ADEA Waiver"). You also acknowledge that the consideration given for the ADEA Waiver is in addition to anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) your ADEA Waiver does not apply to any rights or claims that arise after the date you sign this Agreement; (b) you should consult with any attorney prior to signing this Agreement; (c) you have twenty-one (2 1) days to consider this Agreement (although you may choose to voluntarily sign it sooner); (d) you have seven (7) days following the date you sign this Agreement to revoke the ADEA Waiver, with such revocation to be effective only if you deliver written notice of revocation to the Employer within the seven (7) day prior; and the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after you sign this Agreement. Employee Initials 209560 Nevertheless, your general release of claims, except for the ADEA Waiver, is effective immediately, and not revocable. IN WITNESS WHEREOF, the parties hereto have executed this Addendum by the signatures signed below. EMPLOYER: By: Title: Date: EMPLOYEE: By: JEFFERY A. PEDERSON Date: STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was acknowledged before me this day of January, 2018, by Jeffery A. Pederson, Employee. My commission expires Notary Public, State at Large STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was acknowledged before me this day of January, 2018, by (title) of the City of Paducah, Employer. My commission expires Notary Public, State at Large 2 Employee Initials ORDINANCE NO. 2018-1-_�.'5�)U AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF PADUCAH AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 1586 WHEREAS, the City and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1586, (AFSCME) entered into a contract concerning wage rates and other conditions of employment; and WHEREAS, the duration of said contract is from July 1, 2018 through June 30, 2021; and contract. WHEREAS, the City and AFSCME mutually agree to the terms of this BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract between the City of Paducah and American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1586, (AFSCME), effective July 1, 2018 through June 30, 2021. SECTION 2. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, December 19, 2 17 Adopted by the Board of Commissioners, n_U.. Recorded by Tammara S. Sanderson, City C erk, Published by the Paducah Sun, l \ord\contract-AFSCME (2018-2021) Agenda Action Form Paducah City Commission Meeting Date: December 19, 2017 Short Title: AFSCME Contract ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, Martin Russell, Rick Murphy, Mark Thompson, Jon Perkins, Heather Rushing Presentation By: Martin Russell Background Information: The current contract with AFSCME AFL-CIO Local 1586 expires June 30, 2018. Negotiations on the new contract began on December 8, 2017 and concluded on December 15, 2017. The City has been advised that the membership has voted to approve the attached contract. The Contract includes the following major terms and changes from the old AFSCME contract: • Administrative Changes: o Changed Reference to all dates to reflect 3 year contract • Section 1-B Membership and Dues Deduction: o City proposal to add language to the contract indicating that the Union and the City conform to prevailing State of Kentucky Law with respect to the exercise of Right to Work practices for Membership Dues Deduction. • Section 11. Safety Shoes & Clothing: o Increases annual boot allowance from $275 to $300. • Wage proposal of 1.5%, 1.75%, and 2.0% over the next three years respectively o 5.25% cumulative increase o $425,000 total wage & fringe benefit increase impact over the three year period. Goal: ®Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Approve an ordinance authorizing the Mayor to execute the AFSCME contract. Agenda Action Form Attachments: AFSCME Contract. Department Head City Clerk ?i4y Manager Page 2 AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES AFL-CIO, LOCAL 1586 JULY 19 2018 - JUNE 809 2021 Table of Contents CONTRACT..................................................................................................................................................... 2 PREAMBLE.................................................................................................................................:................... 2 1. UNION SECURITY...................................................................................................................................2 2. DISCIPLINE................................................................................................................................................3 3. GRIEVANCE AND MEDIATION PROCEDURE.............................................................................................4 4. PLEDGE AGAINST DISCRIMINATION AND COERCION..............................................................................5 5. VACATION.................................................................................................................................................6 6. SICK LEAVE.................................................................................................................................................7 7. HOLIDAYS.................................................................................................................................................8 8. JURY DUTY...............................................................................................................................................8 9. UNION BUSINESS.....................................................................................................................................9 10. SAFETY COMMITTEE...............................................................................................................................9 11. SAFETY SHOES & CLOTHING...................................................................................................................9 12. HOURS OF WORK...................................................................................................................................9 13. SEVERABILITY........................................................................................................................................12 14. WAIVER IN EMERGENCY......................................................................................................................13 15. LABOR/MANAGEMENT MEETINGS......................................................................................................13 16. DEFINITIONS.........................................................................................................................................14 17. MANAGEMENT RIGHTS.......................................................................................................................15 18. WORK RULES........................................................................................................................................15 19. CIVIL SERVICE PROTECTION..................................................................................................................16 20. TEMPORARY ASSIGNMENT..................................................................................................................16 20. MISCELLANEOUS..................................................................................................................................17 22. OUTSIDE CONTRACTING.......................................................................................................................18 23. SAFETY.................................................................................................................................................18 24. PROBATIONARY PERIOD......................................................................................................................19 25. CONTINUITY OF OPERATION...............................................................................................................19 26. WAGE AND BENEFITS...........................................................................................................................19 27. INDIVIDUAL AGREEMENT.....................................................................................................................21 28. DURATION............................................................................................................................................21 SIGNATUREPAGE........................................................................................................................................22 CONTRACT THIS AGREEMENT made and entered into this 1st day,of,July 2038, by and between the CITY OF PADUCAH hereinafter referred to as the "City" and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL CIO, LOCAL 1586, hereinafter referred to as the "Union". PREAMBLE It is the intent of the parties that this contract constitutes a complete agreement between the parties hereto, and that it shall remain in effect except as hereinafter amended, altered or modified, and that no additions, waivers, deletions, changes or amendments shall be made during the term of this contract except by written agreement of the parties. It is understood that no incident by the City or Union, which occurred prior to the date of this contract, shall be the subject of complaint under any of the procedures provided in this contract. 1. UNION SECURITY A. RECOGNITION 1. The City agrees to recognize the Union as the exclusive bargaining agent for the purpose of collective bargaining in the settlement of disputes which may arise concerning wage rates, working conditions, hours of employment, dismissal, discrimination or other conditions of employment. 2. The City and the Union do hereby agree that the unit appropriate for such bargaining purposes shall consist of permanent full time, non -supervisory employees within a combination of the following (meeting one criteria in each category): Departments, Divisions and Classifications. Departments, Engineering -Public Works and Parks Services; Divisions, Parks Maintenance, Maintenance, Solid Waste, Floodwall, and Street; Classifications, Compost Equipment Operator, Concrete Finisher, Equipment Operator, Laborer, Maintenance Technician, Right of Way Maintenance Person, Traffic Technician, Truck Driver and Floodwall Operator. All other City employees shall be excluded from the bargaining unit. 3. The City agrees not to discriminate against any employee because of Union membership or lawful Union activity, and the Union agrees not to solicit for membership, collect Union funds, or engage in other Union activity on City time unless specifically provided for in this agreement. B. MEMBERSHIP DUES DEDUCTION 1. The Employer and the Union agree that membership in the Union is available to all employees occupying bargaining unit positions after serving their probationary period. In addition the Union and the City agree to conform to prevailing State of Kentucky Law with respect to the exercise of Right to Work practices for Membership Dues Deduction. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 2 2. The Employer agrees to deduct Union membership dues once each month from the pay of any employee eligible for membership in the bargaining unit upon receipt of a written authorization signed individually and voluntarily by the employee. The signed payroll deduction form must be presented to the Employer's Finance Director by the employee or the Union Treasurer. Upon receipt of the authorization, the employer will withhold the sum as certified by the Union as its uniform dues from the employee's pay in the pay period in the month following receipt of the authorization. The sum of all dues collected shall be remitted to the Union treasurer within ten (10) days of the deduction. 3. Dues check off authorizations shall be honored for the term of this Agreement, except that any employee may revoke his authorization during the month of December of each year of the agreement. There shall be no other revocation period. The revocation shall be in writing to the City and the Union. 4. The Employer assumes no obligation of any kind arising out of its deduction of dues. The Union shall indemnify and save the Employer harmless from any claim, action or proceeding brought by any person against it as a result of its dues deduction. Once dues are remitted to the Union, their disposition thereafter shall be its sole obligation and responsibility. 5. The Employer shall be relieved from making dues deductions when an employee terminates his employment, transfers to a position outside the bargaining unit covered by this Agreement is laid off from work, revokes his authorization pursuant to the terms of this Agreement, is on unpaid leave of absence or for any reason fails to earn sufficient wages to make all legally required deductions such as taxes, FICA, etc., in addition to the deduction of Union dues. 6. No employee shall be required to join the Union, but membership in the Union shall be available to all employees who apply, consistent with the Union's Constitution and By -Laws. 2. DISCIPLINE A. At any disciplinary proceeding, an employee shall be entitled to representation by the Steward and a non-employee Union Representative if such non-employee Union Representative is available. Under no circumstances shall any action cease due to the unavailability of such non-employee Union Representative. A disciplinary action proceeding shall be distinguished from an investigative fact gathering meeting. B. It is agreed that disciplinary action shall not be imposed upon an employee except for just cause. C. Any proposed disciplinary action involving discharge, suspension, or reduction in grade or pay (NON CIVIL SERVICE ONLY), shall be subject to the grievance procedure. D. Although harsh disciplinary action may be imposed for severe infractions, in most cases the City shall adhere to the principle of progressive discipline. This disciplinary action shall include: i. Verbal Warning ii. Written Reprimand AFSCME Contract - July 1, 2018 /June 30, 2021 Page 3 iii. Suspension iv. Termination E. Any discipline to be imposed shall be initiated as soon as reasonably possible, but no later than five (5) working days following the completion of the incident investigation recommended by the Department Director. The investigation is to be completed within 15 days of the Director's knowledge where it is practical. Records of disciplinary action shall be a permanent part of an employee's personnel record; however, verbal and written warning will not be considered after 30 months unless a repeated pattern of unacceptable behavior is demonstrated by the employee. This will not place an employee into a double jeopardy situation for disciplinary action, but does allow the City to begin the progressive disciplinary process at the appropriate level. 3. GRIEVANCE AND MEDIATION PROCEDURE A. Any grievance or dispute which may arise between the parties including the application, meaning or interpretation of this Agreement shall be settled in the following manner: 1. STEP ONE: The Union Steward, with or without the employee, shall present the grievance to the employee's Superintendent (in certain cases it may be appropriate to advance in the chain of command to file a grievance) within five (5) working days of its occurrence or within five (5) working days of knowledge of the occurrence by the employee. The grievance must state the contract provision(s) violated, the relief sought, the facts supporting the grievance, and must be signed by the aggrieved employee. The supervisor shall then attempt to adjust the matter and shall respond to the Steward or the employee; whichever has presented the grievance, within five (5) working days. The Union Steward will be allowed a reasonable length of time to discuss adjustment of the grievance with the appropriate supervisor. 2. STEP TWO: If the grievance has not been settled, it shall be presented in writing by the Union steward, OR the employee to the department head within five (5) working days after the supervisor's response is due. The department head shall respond in writing to the party presenting the grievance within ten (10) working days. 3. STEP THREE: If the grievance remains unadjusted, it may then be presented by the Union Steward, OR employee to the City Manager in writing within three (3) working days after the response of the department head is due. The City Manager shall respond in writing to the party presenting the grievance within fifteen (15) working days. 4. STEP FOUR: Mediation If the grievance is not resolved at STEP 3, and the employee and the Union desire to proceed with the grievance then the employee and the Union may request mediation by the Kentucky Labor Cabinet or any other mutually agreed upon mediator. The mediator shall have five (5) working days to set a date for the mediation hearing within thirty (30) days. The mediator shall attempt to mediate the dispute at the hearing. Should the mediator fail to resolve the dispute, then either party may request a written advisory opinion from the mediator. The mediator shall be without power or authority to alter, amend or modify any of the terms of this Agreement. The decision of the AFSCME Contract - July 1, 2018 / June 30, 2021 Page 4 mediator shall be submitted in writing within a reasonable time, but not later than thirty (30) days after the date of the hearing. The parties expressly agree that the City and the Union both have the right to accept or reject the mediator's decision. 5. STEP FIVE: If the grievance remains unadjusted, it may then be presented by the Union Steward, OR the employee to the Board of Commissioners in writing within three (3) working days after the response of the mediator is due. The statement of the grievance shall be filed with the City Clerk not later than 4:30 p.m. on the last day permitted for the filing of the grievance at this step. The written statement of appeal of the grievance shall set forth all the reasons and grounds for the grievance and the appeal to the Board together with a statement of the relief sought. A copy of all previous written documents involved in the action including any advisory opinion of the mediator shall be attached to the grievance and made a part thereof. The grievance will be placed on the Commission agenda within three weeks after it is presented. A vote of three Commissioners will be required to deny the grievance. B. If the Union fails to respond within the time limits stated in any step of the grievance procedure, the grievance shall be considered to be unsatisfactorily settled with the City's last stated position, unless the time limits are extended by mutual agreement of the City and the Union. Failure by the City to answer a grievance within the time period prescribed in Steps 1 through 3 shall constitute a denial of the grievance unless the time limits are extended by mutual agreement of the City and the Union. C. Up to three employees (Union President, Steward and Grievant) may be reimbursed for as much as 30 minutes each at Step 1 through Step 3 of the Grievance Procedure, D. Expenses for the mediator's services in the proceedings shall be borne equally by the City and the Union or employee, provided, however, that each party shall be responsible for compensating his/her own representatives and witnesses. If either party desires a transcript of the proceedings, it may cause such a record to be made, but shall bear the cost, unless the transcript is taken by mutual agreement. Each party shall be responsible for providing his/her own copy. In the event the mediator requires a verbatim record of the proceedings, the original transcript shall be borne equally by both parties. E. The Union reserves the right to settle a grievance at any step. 4. PLEDGE AGAINST DISCRIMINATION AND COERCION A. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the agreement. B. The City agrees not to interfere with the rights of an employee to become a member of the Union, and there shall be no discrimination, interference, restraint or coercion by the City or any of its AFSCME Contract - July 1, 2018 / June 30, 2021 Page 5 supervisors and agents against any employee because of union membership or because of any activity in an official capacity on behalf of the Union. C. The Union recognizes its responsibilities herein and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. 5. VACATION A. After obtaining vacation eligibility, an employee may take vacation as may be reasonably scheduled with management approval as hereinafter set forth. B. All employees employed after April 1, 1980 shall receive vacation time as follows: 1. 0-1 year: The accrual rate shall be one half (%) days per month for a total of six (6) days. 2. 2-4 years: The accrual rate shall be five sixth (5/6) days per month, for a total of ten (10) days per year. 3. 5-9 years: The accrual rate shall be one (1) day per month for a total of twelve (12) days per year. 4. 10-14 years: The accrual rate shall be one and one quarter (11/4) days per month for a total of fifteen (15) days per year. 5. 15-19 years: The accrual rate shall be one and one half (11/2) days per month for a total of eighteen (18) days per year. 6. 20-24 years: The accrual rate shall be one and three quarters (13/4) days per month for a total of twenty one (21) days per year. 7. 25 or more years: The accrual rate of vacation shall be two (2) days per month for a total of twenty four (24) days per year. C. An employee may accumulate up to a maximum of fifty (50) days of vacation at any one time. Upon termination of employment all employees shall be paid for any unused accrued vacation leave not to exceed fifty (50) working days. D. Each Division Superintendent shall prepare a schedule of vacation for the entire year indicating how many employees may be gone from work within the department at any one time, and request for vacations shall be applied for on a basis of seniority during the period from January I through March 31. Accrued time not originally applied for may be taken with the approval of the immediate superintendent at any time. Employees shall submit requests for vacation leave by March 15th of each year. Management will provide written responses to each request by March 31st of each year. The number vacation days credited to each employee shall be printed on employee pay stubs. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 6 6. SICK LEAVE A. Employees shall be entitled to accrue sick leave time. The accrual rate of sick leave shall be at the rate of one and one half (11/2) working days for each month of service. A month in which a salaried employee is paid for fifteen (15) days or more and a daily or hourly employee is paid for twelve (12) days or more, shall be considered a month of service. B. Retirement Time Purchase [Applicable only to employees hired prior to 01/01/2014]: When an employee retires the City will purchase one day of retirement credit for each sick day accumulated up to a maximum of one year's retirement credit (242 days). An employee must have a minimum of 50 days accrued sick time at the time of retirement to receive this benefit. This benefit is contingent on CERS approval. C. Death Benefit: If an employee dies, the surviving spouse or designated beneficiary shall be entitled to the same unused sick leave benefits option as elected by the employee, either the retirement time purchase benefit described in paragraph 2 above or the payment alternative described in paragraph 4 below. D. Payment alternative: Members of the bargaining unit hired prior to 01/01/2014 may elect the following benefit in lieu of the Retirement Time Purchase described in Paragraph 2. 1. Upon retirement, employees electing the payment alternative who have over 50 days of sick leave accumulated shall be paid an amount equivalent to one day's regular pay for all sick days accumulated over 50 days up to a maximum of 70 days' pay. 2. Current employees who desire to select this payment alternative in lieu of the Retirement Time Purchase benefit in Paragraph 2 must state their desire in writing to the City Human Resources Director before 4:30 p.m. June 30, 2004. Employees hired after this contract is executed who desire to select this payment alternative in lieu of the retirement time purchase benefit in Paragraph 2 must state their 'desire in writing to the City Human Resources Director within 90 days of their date of employment. 3. Employees who select this payment alternative may accrue a maximum of 150 days of sick leave. All other employees may accrue a maximum of 242 days of sick leave. E. Sick leave extensions for serious and unusual circumstances may be approved by the City Manager at his discretion. The initial request for a sick leave extension will be submitted to the employee's department head. F. The employee, the employee's spouse or someone on behalf of the employee must notify the department of an illness or need for sick leave not later than one hour after the time the employee is scheduled to report to work in order for the employee to be eligible for pay, except for extenuating circumstances which justifiably preclude the notification. G. The number of sick days credited to each employee shall be printed on employee pay stubs. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 7 H. The City and the Union agree that an employee who abuses sick leave may be disciplined pursuant to the discipline article of the contract. It is agreed that employees may be required to provide a medical statement following a written warning. It is agreed that employees will not be required to provide a medical statement beyond the twelve months, required by City Policy and Procedures governing sick leave abuse. 7. HOLIDAYS A. The following days shall be recognized as holidays: New Year's Eve Thanksgiving Day New Year's Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day Personal Day observed at discretion of employee Martin Luther King B Day B. If any of the above holidays fall on Sunday, Monday shall be recognized as the holiday. If any of the above holidays fall on Saturday, the preceding Friday will be recognized as the holiday. For those employees who regularly work on Saturday and/or Sunday, the same criteria shall apply for the days recognized as those employees' weekend. C. Employees will be paid for recognized holidays where qualified, in an amount equivalent to eight times the employee's hourly rate or the equivalent to one day's pay. Employees who are required to work on a recognized holiday shall be further compensated at one and one half (1 %) times their straight time hourly rate. D. To qualify for holiday pay an employee must work his/her regularly scheduled shift the day preceding and the day following the holiday or work the actual holiday unless properly excused. Employees qualifying to receive holiday pay will receive credit for those hours as hours worked for the purpose of calculating overtime. 8. JURY DUTY An employee who is called to jury duty may be excused from work on presentation of a court notice to his/her department head. The employee who has been excused will be paid his/her normal straight time earnings while on jury duty and may retain the fees received from court. Only scheduled workdays actually spent in court shall be counted in calculating payment. An employee who is not required to report for jury duty during a session on a certain date shall report to work. An employee who would be AFSCME Contract - July 1, 2018 / June 30, 2021 Page 8 working but not for jury duty who is not called at the opening of court for actual jury duty and who is excused for the remainder of the day shall report for work within one hour after being excused. 9. UNION BUSINESS Union Members may attend Union functions for up to ten (10) Business days cumulatively annually utilizing an unpaid leave of absence. The Union President shall notify both Department Directors giving written notice two weeks in advance. 10. SAFETY COMMITTEE The Safety Committee shall have representatives from each department to include a bargaining unit representative. Meetings will be subject to call by the HR Director. 11. SAFETY SHOES & CLOTHING A. The City agrees to make available to each employee covered by this contract a $300 boot allowance each year, to be included in the employees' pay on the second paycheck immediately following July 1 each year. Footwear must be worn at all times per City PPE policy, and must comply with OSHA 1910.136 or ANSI Z41-1991 to qualify for reimbursement. B. Janitorial/Custodial personnel may be exempted from wearing safety shoes if approved by the HR Director and they will not receive the allowance listed above. C. Outdoor clothing shall be issued at hire date and replaced on three (3) year cycles. 12. HOURS OF WORK A. DEFINITIONS 1. The payroll week shall consist of seven days extending from Thursday at 12:01 am. To Wednesday 12:00 am. Unless it is changed to an alternative seven day period by City Commission ordinance. 2. The normal workweek shall consist of forty (40) hours within the payroll week. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 9 The normal workweek shall also be Monday through Friday; however, supervision may schedule an employee for other than Monday through Friday when deemed appropriate. 4. The normal workday shall consist of eight (8) hours of work. However, at times employees may be scheduled to work a normal schedule of four (4) consecutive ten (10) hour days. times. Employees may be assigned to work a flexible work schedule that provides for irregular starting The City will make every effort to notify an employee one week in advance before making a work schedule change, but as a minimum twenty four (24) hours in advance. B. OVERTIME Employees who work more than forty (40) hours in any one -payroll week shall be paid one and one half times the base straight time hourly rate for all excess hours worked. 2. For the purposes of calculating overtime, Bereavement Leave shall be considered "hours worked." Employees required to work more than nine full days straight will be compensated at two times the base straight time hourly rate for all hours worked beginning with the 10th day and continuing until the employee receives a full day off. 4. When an employee is called in and required to work overtime, he shall receive a minimum of two (2) hours of overtime at one and one-half his regular straight -time hourly rate, regardless of whether such employee works two full hours or not. During said two hour period of time he maybe subject to more than one assignment. In the event the employee works beyond two (2) hours during the same overtime period, said employee shall receive time and one-half for each hour or part of an hour after the two (2) hours period expires. Employees receiving call out pay will be paid time and one- half for the duration of the call out assignment regardless of any leave taken during the pay cycle in which the call out occurs, including: sick leave, vacation leave, jury duty, etc. Employees who have served suspension without pay during the FLSA work cycle in which call out occurs will be ineligible for time and one-half rate of pay. 5. Employees who work overtime shall not be required to take time off to offset the overtime worked, although the employee may request time off at an alternate time during the work week in lieu of compensation for the extra hours of work, subject to supervisory approval. In the event the employees who work extended overtime are required by the City to take rest time off from the job, the employees shall be compensated at their regular straight time rate for any such rest time which extends into their next regular shift. Employees shall not be required to take vacation time as compensation for said rest time. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 10 6. As needed, employees will be required to work hours in excess of that set forth herein, and will receive pay at the overtime rate as set out in subsection 1 above. When an employee is scheduled for overtime work he will be paid not less than two (2) hours. During said two (2) hour period he may be subject to more than one assignment. 7. Overtime offered immediately prior to or at the end of the workday will be assigned to the employees who have been performing that work unless an employee has a special family obligation that conflicts with the assignment. Such overtime may or may not be scheduled. Other overtime will be assigned in accordance with the following guidelines. 8. Seniority will prevail for all overtime work on a rotation basis except where qualification and expertise are an issue: Overtime work shall be distributed equally to employees working within the same job classification and by department, where possible. The distribution of overtime shall be equalized over each six-month period beginning on the first day of January and the first day of July each year. On each occasion, the opportunity to work overtime shall be offered to the employee within the job classification, and department where possible, who has the least number of overtime hours to his credit at that time. If this employee is not available to answer a call after two (2) consecutive call-in occasions in a six (6) month period or does not accept the assignment, he/she will be charged with such overtime hours as overtime worked, and the employee with the next -fewest number of overtime hours to his credit shall be offered the assignment. The City shall not be obligated to contact employees who are off duty other than by telephone. b. Each supervisor shall maintain an overtime record on an overtime chart provided to him. Overtime record charts shall be available for review by the department steward and a current copy of the overtime record charts shall be posted in the department. C. Employees who refuse overtime will be charged with such overtime hours as overtime worked. An employee absent for vacation will not be considered for overtime. d. A new employee or an employee who changes classifications, department or shift will be charged, at that time, with overtime equal to the greatest amount of overtime charged to any employee in the classification in the department and on the shift to which he changes. e. When overtime work is scheduled, the City will notify employees involved at least twenty-four hours in advance of such scheduled overtime. When unscheduled overtime is required the City will, except in unforeseen circumstances, notify the employee at least two hours before the end of the shift immediately preceding the overtime. Any improper scheduling shall be corrected only by offers of subsequent overtime assignments as they become available. f. If an employee suffers a loss due to improper scheduling of overtime he must inform his supervisor, and if he has in fact missed an overtime opportunity, he shall be offered the next available assignment. The City agrees that an employee will suffer no loss of compensation in the event that the next assignment, so offered, is not at the same pay level as the assignment missed. g. If an employee feels he will suffer a loss due to improper scheduling of overtime, he must inform his supervisor of the situation prior to the last hour of his shift immediately preceding AFSCME Contract — July 1, 2018 / June 30, 2021 Page 11 the scheduled overtime. If no adjustment is made and a subsequent grievance substantiates the improper scheduling he shall be offered the next available overtime assignment. It is understood that allowances for overtime differences due to special work requirements and/or emergencies may be necessary. However, such allowances will be discussed with the Union. Overtime for all employees will be equalized on January 1 and July 1 of each year. 9. All employees must provide a telephone number where they may be called for overtime purposes. Failure on the part of the employee to keep the City informed of his/her current address and telephone number or place at which or through which he/she might be contacted shall relieve the City of its responsibility in calling an employee for overtime work. 10. An employee who is required to work overtime and who works ten (10) or more continuous and successive hours, excluding the scheduled meal time, will be allowed a sufficient time and arrangements shall be made for him/her to have time to eat within the hour thereafter, and no time will be deducted for such meal period during such overtime work, it being understood that the period will be made as short as possible, and in no case to exceed thirty (30) minutes. An additional meal allowance will be allowed for each four hours of consecutive work performed thereafter. The City shall provide food and drinks at mealtime for employees when working overtime as referenced in this paragraph. This provision does not apply to a four (4) day, ten (10) hours/day work week schedule of an employee. 11. No employee will be required to work through the scheduled lunch period, except that any employee who works through the scheduled lunch period at the request of the City will be paid for the lunch period, provided however, that an employee's lunch break shall not be deemed passed until he/she has been working on the job for a period of one and one-half hours past the mid -point of his/her work shift. No employee shall be forced to take an early time off to compensate him/her for time worked during a lunch period. 12. There shall be no changing of starting time in order to avoid the payment of overtime. C. LUNCH AND BREAK PERIODS Employees shall be granted two (2) paid fifteen (15) minute work breaks, one occurring in the first half of the shift and the second occurring in the second half of the work shift. Employees shall be granted an unpaid lunch period of thirty (30) minutes. Included in these times is travel time to and from the job site. 13. SEVERABILITY Should any article, paragraph or portion thereof of this Contract be held unlawful or unenforceable by a court of competent jurisdiction, such decision of the court shall apply only to the specific article, AFSCME Contract — July 1, 2018 / June 30, 2021 Page 12 paragraph or portion thereof as directly specified in the judgment, and upon issuance of such judgment, the parties hereto agree to negotiate a substitute for the invalidated article, paragraph or portion thereof 14. WAIVER IN EMERGENCY A. In cases of emergency declared by the President of the United States, the Governor of the Commonwealth of Kentucky, the Mayor of the City of Paducah, or the Federal or State Legislature, such as acts of God or civil disorder, the following conditions of this Agreement may be temporarily suspended: Time limits for the processing of the grievance. 2. All agreements relating to the assignment of employees for the duration of the emergency period only. 3. Upon termination of the emergency, grievances filed prior to the emergency shall be processed in accordance with the provisions outlined in the grievance procedure of this Agreement and shall proceed from the point in the grievance procedure to which the grievance(s) had properly progressed, prior to the emergency. 15. LABOR/MANAGEMENT MEETINGS A. In the interest of sound labor/management relations, once each quarter on a mutually agreed date and time (or more frequent if mutually agreed), the employer's representatives shall meet with two (2) table officers or designated persons of the Union to discuss pending problems and to promote a more harmonious labor/management relationship. Such meetings are to be limited to no more than two hours at a time. Meetings will be held during the Union representatives normal work time and they shall suffer no loss of pay. However, if the number of employee hours being spent on such meetings becomes excessive in management's opinion, the meetings shall be scheduled at times other than the employee's working hours. B. An agenda will be exchanged by the parties at least three (3) working days in advance of the meeting with a list of matters to be discussed in the meeting and the names of those Union representatives who will be attending. Additions to the agenda may be included prior to the start of the meeting. The purpose of such meetings shall be to: 1. Discuss the administration of this Agreement. 2. Notify the Union of proposed changes by the Employer, which shall affect bargaining unit members. AFSCME Contract - July 1, 2018 / June 30, 2021 Page 13 3. Discuss grievances that have not been processed beyond the final step of the grievance procedure. 4. Disseminate general information of interest to the parties. 5. Discuss ways to increase productivity and improve effectiveness. 6. To consider and discuss health and safety measures relating to employees. 7. Other matters mutually agreed upon. C. It is further agreed that if special labor/management meetings have been requested, and mutually agreed upon, they shall be convened as soon as possible. 16. DEFINITIONS A. "City" as used herein, the term "City" shall mean the City of Paducah and/or its governing body, the Board of Commissioners. B. "Union" as used herein, the term "Union" shall mean the American Federation of State, County and Municipal Employees, AFL CIO, Local 1586 and/or its officers and executive board. C. "Employees" as used herein, the term "employees" shall mean all permanent full time employees of the City who are members of the bargaining unit. D. "Seasonal position" as used herein, the term "seasonal position" shall mean a position of employment with the City which may be annual in nature, but limited to a particular seasonal need of the City. Seasonal positions normally shall not exceed six months. E. "Temporary Employees" Nothing herein shall prevent the City from hiring temporary employees. However, the city shall not hire temporary employees for the purposes of eroding the bargaining unit or to evade this agreement. Normally, these employees will be used for a limited period not to extend six months. However, due to unforeseen circumstances the need may arise to extend temporary employees beyond six months. F. Each month the City Manager will present to the Commission a report listing all seasonal and temporary employees who have been employed for more than 6 months. G. "Evening shift" as used herein, the term "evening shift" shall mean a regularly scheduled period for one or more employees in which more than one half the scheduled time is between the hours of 3:30 p.m. and 12:00 am. H. "Night shift" as used herein, the term "night shift" shall mean a regularly scheduled work period for one or more employees in which more than one half the scheduled time is between the hours of 11:00 p.m. and 7:30 am. I. "Seniority' as used herein, the term "seniority" shall mean length of service as a permanent fulltime employee with the City. It is agreed and understood, however, that seniority shall be.suspended AFSCME Contract — July 1, 2018 / June 30, 2021 Page 14 during the probationary period of ninety (90) days immediately following a promotion to a higher classification, and shall also exclude all suspensionsfor disciplinary action. J. It is agreed that any reference to his or her contained in this contract is intended to be gender neutral. 17. MANAGEMENT RIGHTS A. Except as expressly modified by a specific provision of this Agreement, the City retains its sole and exclusive rights to operate and manage its affairs in all respects. The exclusive rights of the City which are not abridged by this Agreement include, but are not limited to, its right to hire and be the sole judge of qualifications of applicants. The City has the right to direct the working forces, to discipline or discharge for just cause, to establish, maintain and modify departmental procedures; to lay-off and recall; to be the judge of whom to promote and the methods and procedures for promotions; to assign work; to transfer employees as needed from one group/area to another in a manner most advantageous to the City; to contract and subcontract with outside contractors; to establish, modify or change manning levels and the amount or type of equipment in the department, etc.; the right to direct employees of the department to include the right to hire, promote or transfer; the right to organize or reorganize the Department in any manner to include the determination of job classifications; the allocation and assignment of work to employees within the department that is advantageous to the City; to introduce new, improved or different methods and techniques of operation or to change existing methods and techniques of operation; to change, modify or purchase new types of equipment; to establish or eliminate in-service training programs and requirements for upgrading the skills of employees; to determine the location, methods, means and personnel by which operations are to be conducted; to establish, implement and maintain internal security practice; to schedule overtime, vacations, days off and holidays off, to take whatever actions may be necessary to carry out the mission of the City in emergency situations; any other rights the City has not expressly given up in this Agreement. B. Failure by the City to exercise any of its rights shall not constitute a waiver of that right. C. The above right and powers are vested in the City; however, the exercise of these rights shall be subject to the grievance procedure as expressly modified by the terms of this Agreement. 18. WORK RULES A. The Bargaining Unit recognizes that the City, in order to carry out its statutory mandates and goals, has the right to promulgate work rules, regulations, policies, procedures and general orders. B. The City agrees that no work rules, regulations or employment policies shall be established that are in violation of any express terms of this Agreement. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 15 C. Any additions or amendments to the work rules, regulations, policies, procedures and general orders shall be reduced to writing, posted on the department bulletin boards and copies distributed to members of the Bargaining Unit seven (7) days prior to implementation; however this section does not limit the right of the City, to meet emergency or operational needs, to implement any work rules or regulations, policies, or general procedures prior to the conclusion of the five (5) day notification period. The addition or amendment will be dated and state its effective date. Each employee shall sign to acknowledge receipt of same. 19. CIVIL SERVICE PROTECTION The City has eliminated Civil Service Status for all classifications, but the City will continue to offer Civil Service protection to Bargaining Unit employees that were hired under Civil Service. This protection will continue even after an employee transfers to another non -Civil Service status classification that has representation by the Bargaining Unit; however, promotions will be by merit. Employees utilizing Civil Service Protection will not have the grievance procedure available to them. 20. TEMPORARY ASSIGNMENT A. When, due to the absence of a regular employee or for operational needs, a temporary assignment is available in a work unit the assignment shall first be offered to qualified employees in the work unit where the assignment exists. The assignment may be rotated among employees to facilitate the learning and training process for other employees or assigned to only previously qualified employees, depending on the immediate needs of the department. In the instance of a temporary assignment requiring greater than 90 days a rotation of qualified employees shall be used with each employee serving for a period of thirty days after the initial 90 -day period. B. An employee who is awarded a temporary assignment in a higher rank position shall receive the higher pay rate after he/she has worked four (4) continuous weeks (20 days worked). The adjusted wage rate will be paid in a manner corresponding with the actual dates working in said acting position. Once formal action has been taken to adjust the employee's pay rate, that pay rate will be applied back to the beginning of the temporary assignment. In instances where it is anticipated the assignment is to be for four (4) weeks or longer, the increase will be initiated immediately. An employee who is awarded an assignment in a lower rated position shall maintain his/her regular rate of pay. Employees filling positions;of higher classification on an intermittent or short-term basis are expected to perform those duties as a part of their classification responsibility. C. Employees who request in writing training to perform tasks that are not part of their normal job may be given temporary assignments for training purposes with no increase in pay. Each Department will maintain a training request sign-up sheet. Such training assignments without extra pay shall not be continued after an employee has demonstrated his competency to perform the assignment. The City shall adopt a City Policy on the work training program and shall receive input from an advisory committee of Union members. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 16 20. MISCELLANEOUS A. The Union and bargaining unit employees shall have access to Union bulletin boards for the purpose of posting Union and other notices. All postings shall have the department director's stamp of approval for posting. It is understood that no material may be posted on any bulletin boards by the Union which contain (a) personal attacks on any other member or any other employee; (b) scandalous, scurrilous or derogatory attacks upon the City, or any other governmental units or officials; and (c) attacks on and/or favorable comments regarding a candidate for public office. B. At least once each quarter the City will provide electronically to the Treasurer of the Union a roster of employees, showing the date hired, classification, department, home address with phone and designating those employees for whom the Union has not provided dues payroll authorization forms to the City. The Union shall furnish the City with a quarterly up to date list of names of Union executive board members, in writing, to the City Manager. C. Accredited representatives of AFSCME, whether local, district council, or international representative shall have the full and free access to the premises of the City, involving work areas of bargaining unit employees and City Administrative offices at City Hall for the purpose of attending meetings, discussing personnel matters, contract disputes with City officials or department heads, safety inspections or alleged violations of the contract, subject to prior notification and approval of the City and with the understanding that work time interference will be kept at a minimum. D. Supervisory personnel may perform non -supervisory work as time permits. However, it is understood that a supervisor has primary responsibility in supervising employees and facilitating them in the accomplishment of their work. E. The City and the Union agree that employees work primarily in their classifications. However, employees may be required to assist others in their department and such work may or may not be in their classification. Nothing herein entitles Bargaining Unit employees to perform work for other City employees that are performing minor maintenance, cleanup or incidental work related to the other City employees job, e.g., hanging pictures, painting, moving furniture, lawn care, washing vehicles, cleaning restrooms, etc. Training and safety will be primary considerations by management in the assignment of work in all departments throughout the City. F. The City will permit vending machines to be installed in all departments for the benefit of the employees. G. Whenever practical the City shall place tops and windshields on equipment to protect employees from adverse weather conditions. H. The City shall furnish and maintain individual lockers for all employees covered by this Agreement. AFSCME Contract — July 1, 2018 / June 30, 2021 Page 17 I. The City agrees that supervisors of employees, within the bargaining unit, shall make reasonable effort to recognize seniority when assigning work to the employees, but it is understood that the primary consideration must remain; qualifications, efficiency in a skill, and the proper completion of the work to be done. An employee wishing to express a preference for a type of work may make it known to his immediate supervisor in order to have consideration on future assignments. This provision shall apply primarily to specific classifications within a particular department. J. City supervisors and employees will not use profane or abusive language toward one another in the performance of their job. K. Work Group Leaders will be appointed by management and in compliance with City Ordinance as they are needed to facilitate the efficient progress of work. Appointments will be made based on qualification and performance with the length of appointment being at the discretion of management. An employee appointed to a Group Leader position will receive additional $0.50/hour compensation. 22. OUTSIDE CONTRACTING A. It is the intent of the City to make every effort to utilize its employees to perform work that they have normally and historically performed. However, nothing herein shall be deemed a limitation on the City's right to contract with outside contractors. B. In the event the City contemplates or proposes to contract out work that could cause the layoff of employees or a reduction of the employees in the bargaining unit, management will notify the Union at least 60 days prior to taking such action. C. A labor management meeting shall be held promptly to discuss the impact of outside contracting on employees, the feasibility of the proposed third party contracting and the potential for preventing erosion of the Bargaining Unit. D. The Union will be notified of any other contracting out that the City intends to propose or award. E. Typically, the City will contract out work where expertise and/or equipment of other vendors are needed, the volume of work is beyond the immediate capacity of the department to handle or the City is at a cost competitive disadvantage to handle the work. 23. SAFETY In the event a job situation or item of equipment is reasonably challenged by an employee as a serious threat to his safety, he shall notify his immediate supervisor, immediate superintendent, and his steward. If the matter is not resolved to the satisfaction of the employee, he may take the matter up AFSCME Contract - July 1, 2018 / June 30, 2021 Page 18 with his department director, together with the supervisor and steward who will consult the applicable Kentucky OSHA regulations in making their decisions. If the matter remains unresolved, the department director will notify the HR Director, who will make the final determination in the matter. Any further challenge by the employee may be handled through the grievance procedure or through the Kentucky OSHA regulations as provided by law. 24. PROBATIONARY PERIOD A. All new employees with the City and newly promoted employees shall serve a six (6) month probationary period. No newly hired probationary employee may be a member of the union. B. A probationary employee may be terminated at any time during his/her probationary period and have no appeal through the Grievance Procedure. C. A newly promoted employee will be allowed to return to his/her previous classification, a classification previously held or a classification in which he/she is qualified provided there is an available opening. The employee will have up to thirty (30) days to exercise this option. 25. CONTINUITY OF OPERATION A. The services performed by the City of Paducah employees are governmental in nature and are essential to the public's safety and welfare. Accordingly, it is agreed that there shall be no strikes during the life of this agreement. B. It is further understood and agreed that any refusal on the part of any employee to cross a picket line at some other place, when the same is necessary to perform the duties assigned by the City of Paducah, shall entitle the City of Paducah to perform the work by any means available. C. The city of Paducah agrees that it will not lock out its employees during the life of this agreement in support of its bargaining position or to require the Union to concede to its grievance. 26. WAGE AND BENEFITS A. Life Insurance The City shall pay for each bargaining unit employee the full premium for a $15,000 group life insurance policy. B. Wages AFSCME Contract — July 1, 2018 / June 30, 2021 Page 19 1. Employee classifications and wages are established and changed by City ordinance. Changes in classification and/or compensation shall be reviewed with the Union prior to adoption by the City. The following classifications and base wages will be in effect on the following dates: CLASSIFICATION Hourly Rate as of 12-19-17 July 2018 (FY19) +1.5% July 2019 (FY20) +1.75% July 2020 (FY21) +2.0% MAINTENANCE TECHNICIAN $19.48 $19.77 $20.12 $20.52 TRAFFIC TECHNICIAN $19.48 $19.77 $20.12 $20.52 FLOODWALL OPERATOR $19.49 $19.78 $20.13 $20.53 COMPOST EQUIP OPERATOR $19.76 $20.06 $20.41 $20.82 EQUIPMENT OPERATOR $19.33 $19.62 $19.96 $20.36 CONCRETE FINISHER $19.33 $19.62 $19.96 $20.36 RIGHT OF WAY MAINT PERSON $18.27 $18.54 $18.86 $19.24 TRUCK DRIVER $18.13 $18.40 $18.72 $19.09 LABORER/JANITOR/COLLECTOR $17.00 $17.26 $17.56 $17.91 2. Each employee shall receive longevity pay of seven dollars ($7.00) per month for each year of continuous service up to and including twenty (20) years. 3. Payment for such service shall commence in the anniversary month of service. All vacation time, sick leave and authorized leave of absence shall constitute service for the purpose of this provision. 4. Graduated Wage Scale will apply to all employees hired after January 30, 1998. Graduated Wage Scale will apply to (all) classifications. Graduated Wage Scale will start on the newly Hired employee's date of hire with a minimum hire rate of 80% of maximum, and increase 5% every six months until the employee reaches 100%. As an example: Initial hire rate 80% Six month anniversary 85% Twelve month anniversary 90% Eighteen month anniversary 95% Twenty four month anniversary 100% 5. The City may hire new employees into skilled positions at wage rates between 80% and 100% of the full wage for the position needing to be filled, based upon the relevant qualifications of the applicant. In the event an employee is hired above 80% of the wage rate for a position, the City agrees to consider the qualifications of incumbent employees in the same position for consideration of pay AFSCME Contract - July 1, 2018 / June 30, 2021 Page 20 equity for comparable qualifications. In all cases when an employee is hired above the 80% wage rate for a given position the City will provide written notice to the Union. 6. In the event an employee leaves the City through resignation or retirement he shall, upon request, receive all monies currently due him within one (1) working day provided the employee gives the City ten (10) working days advance notice. Employees leaving the City due to termination will receive all monies currently due him on the next pay period. Payroll can NOT be completed for any terminated employee until all City issued clothing/equipment is certified as returned by the appropriate supervisor. 7. If an error results in an employee receiving less pay than is due him, the error will be corrected on the employee's next paycheck. Hardship cases, those with a net error of $75 or greater with base pay and for other than overtime calculations, will result in the City providing a make-up check on the next business day after notification of the error. 8. Employees who work on the evening or night shift shall receive a shift premium of thirty five (35) cents per hour for work performed on the evening shift, and a premium of fifty (50) cents per hour for work performed on the night shift. 9. The City will pay all employees bi-weekly by direct deposit to an approved financial institution of their choosing. 27. INDIVIDUAL AGREEMENT The City agrees not to enter into any Agreement or contract with employees, individually or collectively, which in any manner conflicts with the terms and provisions of this agreement. Employees are allowed to work as referees and/or umpires in a non -collective bargaining capacity. 28. DURATION A. The Agreement, when signed by the duly authorized officers of the City and the Union, shall become effective as of July 1, 2018, and shall remain in full force and effect through the 30th day of June, 2021. Negotiations I. Between November 1 and 15, 2020 either party may request in writing that negotiations be opened to modify or renew this Agreement. Within 10 days of receipt of the request to open negotiations the parties will meet and schedule at least four (4) negotiating meetings to be held between January 2 and March 1, 2021. Failure to reach tentative agreement in this timeframe will result in a ninety (90) day suspension of negotiations. On or about June 1 negotiations will resume and if the parties come to an impasse, either party may request mediation services through the Kentucky Labor Cabinet and the current Bargaining Agreement will be extended for thirty (30) days. If there is no AFSCME Contract - July 1, 2018 / June 30, 2021 Page 21 resolution through mediation or if the parties elect not to use mediation, then the City will present its last, best, final offer to the Bargaining Unit for ratification vote. In any event, nothing herein contained shall preclude either party from modifying or changing or amending its proposals for a new Agreement. The City and Union each have entered into this Agreement pursuant to duly adopted ordinances and resolution authorizing same. 3. The City agrees to pay three (3) employees representing the Bargaining Unit at the straight time hourly rate for up to four (4) hours for each meeting up to a maximum of five (5) meetings for negotiations of a new Collective Bargaining Agreement if the employee time lost is during normal work hours. SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hand this _ day of , 2017. This agreement shall become effective upon signature of the parties. For The City of Paducah, Kentucky Brandi Harless, Mayor AFSCME Contract — July 1, 2018 / June 30, 2021 Page 22 for The American Federation of State, County and Municipal Employees, AFL-CIO Local 1586 David Shockley, President WITNESS: David Downing Jr. Brian Green 208004 ORDINANCE NO. 2018-1-8509 AN ORDINANCE REPEALING CHAPTER 58 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND REPLACING IT IN ITS ENTIRETY WHEREAS, this Ordinance will repeal and supersede Chapter 58 of the Code of Ordinances of the City of Paducah, Kentucky, which governs Human Relations; and WHEREAS, this Ordinance will replace this chapter with a new Chapter 58, which will read as described below; NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION A. Chapter 58 of the Code of Ordinances shall read as follows: ARTICLE I. IN GENERAL Section 58-1. Purpose and general policy. It is the purpose and policy of the city to safeguard all individuals within the city from discrimination because of race, color, religion, age, familial status, handicap, sex, national origin, gender identity, or sexual orientation in connection with employment, places of public accommodation, and housing, thereby to protect their interest in personal dignity and freedom from humiliation, to make available to the city their full productive capacities, to secure the city against strife and unrest which would menace its democratic institutions, and to further the interests, rights, and privileges of all individuals within the city. Section 58-2. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Age. Age forty (40) years and over. Commission. The city Human Rights Commission. Commissioner. A member of the Commission. Discrimination. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, familial status, handicap, sex, national origin, gender identity, or sexual orientation, or the aiding, abetting, inciting, coercing or compelling thereof. Employee. An individual employed by an employer, but does not include an individual employed by his parents, spouse or child, or an individual employed to render services as a domestic in the home of the employer. Employer. A person who has eight or more employees within the state in each of 20 or more calendar weeks in the current or preceding calendar year and an agent of such a person. Employment agency. A person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such person. Financial institution. A bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed or acting on behalf of any of these. Gender identity. Manifesting a gender identity not traditionally associated with one's biological or psychological maleness or femaleness. Housing accommodation. Includes improved and unimproved property and means a building, structure, lot or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals. Labor organization. A labor organization and an agent of such an organization, including an organization of any kind, an agency or an employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. 134 208004 Person. Includes one or more individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or other legal or commercial entity. Place of public accommodation, resort or amusement. Includes any place, store or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly or indirectly by government funds, except that: (1) A private club is not a place of public accommodation, resort or amusement if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests; and (2) "Place of public accommodation, resort or amusement" does not include beauty shops or barber shops as defined in KRS 317.410 nor a rooming or boarding house containing not more than five rooms for rent or hire and which is within a building occupied by the proprietor as his residence, nor establishments catering exclusively to men or women only which do not otherwise violate a state or federal law prohibiting such discrimination. Real estate broker or real estate sales person. An individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance, upon a transfer of real estate, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these. Real estate operator. Any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers or other legal or commercial entity, the county or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by or acting on behalf of any of these. Real property. Includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above. Sexual orientation. An individual's actual or imputed heterosexuality, homosexuality or bisexuality. Section 58-3. Penalty. Whoever violates any provision of this chapter shall, in addition to any and all other remedies set forth herein, be subject to the maximum fine and/or imprisonment amounts permitted to be imposed by this city under all applicable state and/or federal law. Sections 58-4 through 58-30 are hereby reserved. ARTICLE II. HUMAN RIGHTS COMMISSION Section 58-31. Established. (a) As used in this article, the word "Commission" shall mean the Human Rights Commission established by this article. (b) There is hereby established a city Human Rights Commission. Section 58-32. Composition; appointment, term and compensation of members. (a) The Commission shall be composed of five members. The members shall be appointed by the Mayor, subject to the approval of the Board of Commissioners, who shall select persons who are as nearly as possible representative of the several social, economic, religious, cultural, ethnic and racial groups which comprise the population of the Greater Paducah Area. In addition, each member shall be a resident of the Greater Paducah Area. 135 208004 (b) No elected or appointed official of the city or of the county may be a member of the Commission. (c) Upon the effective date of this Ordinance, all persons who are currently serving as members of the Commission shall be deemed to be reappointed to complete their present term of service. Each member appointed thereafter shall serve for a term of three years. Upon a vacancy occurring, the Mayor, subject to the approval of the Board of Commissioners, shall appoint a member to complete the unexpired term. (d) Members of the Commission shall serve without compensation, but, subject to the approval of the Commission and within the limits imposed by the budget, they shall be allowed their necessary expenses attendant upon their duties. Section 58-33. Officers. (a) The Mayor shall designate one of the members of the Human Rights Commission as Chairperson, who shall serve as Chairperson at the pleasure of the Mayor. (b) The Commission shall elect a Secretary, a Treasurer, and such other officers, except the Chairperson designated by the Mayor, as it shall deem necessary. Section 58-34. Committees. The Chairperson of the Human Rights Commission shall appoint such committees as the rules of the Commission shall provide and such other special committees from time to time as the Commission may deem necessary in order to carry out the purposes of this article. Sec. 58-35. - Office space and other facilities. The Mayor is authorized to allocate adequate office space and to provide the necessary facilities in the City Hall for the Human Rights Commission, if such office space and facilities are available. Sec. 58-36. Meetings; quorum. (a) The Human Rights Commission shall meet as often as it deems necessary, but it shall meet not less than once each month. (b) The Commission shall have the power to adopt rules to govern its proceedings. The meetings of the commission shall be opened or closed to the public as permitted by the Kentucky open meetings laws. (c) A quorum of the Commission shall consist of a majority of the members appointed to the Commission. Sec. 58-37. Powers and Duties. (a) General Duties. The Human Rights Commission shall endeavor to promote and secure mutual understanding and respect among all economic, social, ethnic, religious, and racial groups in the city, including those representing gender identity and sexual orientation, and shall act as conciliator in controversies involving intergroup and interracial relations. The Commission shall cooperate with federal and state agencies and other city agencies in an effort to develop harmonious intergroup and interracial relations and shall endeavor to enlist the support of civic, religious, labor, industrial, and commercial groups and civic leaders dedicated to the improvement of intergroup and interracial relations and the elimination of discriminatory practices. (b) Outreach Duties. The Commission shall regularly conduct, in conjunction with other entities, programs to educate the public about their services and to promote equality for all through community partnerships. (c) Receipt of Complaints; conduct of studies; additional powers. (1) The Commission shall receive complaints regarding race, color, religion, national origin, sex, familial status, age, or disability, and shall facilitate the filing of such complaints with the Kentucky Commission on Human Rights or such other applicable state or federal agency, which agency shall be delegated all duties and powers with respect to investigating, conciliating, hearing, determining, ordering, or otherwise acting as to any matter regarding those type of claims. (2) The Commission shall receive complaints regarding gender identity and sexual orientation, and shall conduct investigations, hold hearings, and issue remedial orders, after notice and hearing, requiring cessation of the discriminatory activity. In conducting these duties, the Commission shall have the power to compel the 136 208004 attendance of witnesses and production of evidence before it by subpoena issued by the Circuit Court of McCracken County. (3) The Commission shall conduct studies or have such studies conducted as will enable the Commission to carry out the purposes of this article. (4) After consultation with the City Manager's office, it may utilize the offices of corporation counsel and other agents as are necessary to carry out the duties and powers of the Commission. (d) Recommendations to Mayor and Board of Commissioners. The Commission shall recommend to the Mayor and to the Board of Commissioners any legislation necessary to accomplish the purposes of this article. (e) Acceptance of grants and donations. The Commission, on behalf of the city, may accept grants and donations from foundations and others for the purpose of carrying out its functions. Sec. 58-38. - Budget; expenditures. (a) The Human Rights Commission shall prepare annually a budget for the ensuing fiscal year, and shall submit the budget to the Mayor and the Board of Commissioners for their approval. The Commission shall prepare and submit the budget no later than March 15 of each year. (b) All budgetary expenditures shall be authorized by the Commission. The Treasurer shall approve operational expenditures, and he shall make a semiannual financial report to the Commission. Copies of such semiannual financial report shall be sent to the Mayor and the Board of Commissioners. Section 58-39. Assistance by other departments; requests for information. Information in the possession of any department, board, or agency of the city may be furnished to the Commission upon its request, and to the extent permitted by law. Upon the refusal of the director or head of any department, board, or agency of the city to furnish any information which has been requested by the Commission, the matter shall be referred to the Mayor, who shall determine whether such information shall be furnished to the Commission, and the decision of the Mayor shall be final. Section 58-40. Annual report. The Human Rights Commission shall submit an annual report on March 1 of each year to the Mayor and to the Board of Commissioners. Section 58-41. Enforcement of orders. (a) The proceeding for enforcement of a Human Rights Commission order regarding discrimination based on gender identity or sexual orientation shall be initiated by filing a complaint in the Circuit Court. Copies of the complaint shall be served upon all parties of record within 30 days after the filing of the complaint by the Commission, or within such further time as the court may allow, and the Commission shall transmit to the Court the original or a certified copy of the entire record upon which the order is based, including the transcript of testimony or as otherwise may be stipulated by all parties to the proceeding and as established by KRS 344.340 and the rules of civil procedure. (b) The proceeding for enforcement of orders regarding race, color, religion, national origin, sex, familial status, age, or disability shall be as established by the applicable agency to which the complaint is delegated. Sections 58-42 through 58-60 are hereby reserved. ARTICLE III. EQUAL EMPLOYMENT OPPORTUNITIES Section 58-61. Unlawful employment practices. (a) It is an unlawful practice for an employer: (1) To fail or refuse to hire, or to discharge any individual, or otherwise discriminate against an individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation; or (2) To limit, segregate, or classify an employee in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. 137 208004 (b) It is an unlawful practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, an individual because of race, color, religion, familial status, handicap, sex, age, national origin, gender identify, or sexual orientation, or to classify or refer for employment an individual on the basis of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. (c) It is an unlawful practice for a labor organization: (1) To exclude or to expel from its membership, or otherwise to discriminate against, a member or applicant for membership because of his or her race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. (2) To limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment an individual, in any way which would deprive or tend to deprive an individual of employment opportunities, or otherwise adversely affect his or her status as an employee or as an applicant for employment, because of the individual's race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. (3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) It is an unlawful practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against an individual because of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation in admission to, or employment in, any program established to provide apprenticeship or other training. (e) It is an unlawful practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by the employment agency, indicating any preference, limitation, specification, or discrimination based on race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation except that such a notice or advertisement may indicate a preference, limitation, or specification based on religion, sex, age, or national origin when religion, sex, age, or national origin is a bona fide occupational qualification for employment. (f) Nothing herein shall be construed to prevent an employer from: (1) Enforcing a written employee dress policy; or (2) Designating appropriate restroom and shower facilities. Section 58-62. Exceptions. (a) Notwithstanding any other provision of this chapter, it shall not be an unlawful practice for: (1) An employer to hire and employ employees, or an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retaining programs to admit or employ an individual in any such program on the basis of religion, sex, age, or national origin when religion, sex, age, national origin, gender identity, or sexual orientation is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. (2) A religious corporation, association, or society to employ an individual on the basis of religion to perform work connected with the carrying on by the corporation, association, or society of its religious activity. (3) A school, college, university, or other educational institution is in whole or substantial part owned, supported, controlled or managed by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion, and the choice of employees is calculated by such organization to promote the religious principles for which it is established and maintained. (4) An employer to apply different standards of compensation, or different terms, conditions, or privileges of employment, pursuant to a bona fide 138 208004 seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation, nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. (b) The provisions of Section 58-62 in regard to sexual orientation or gender identity shall not apply to a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised, or controlled by a religious corporation, association, or society. Sections 58-63 through 58-80 are hereby reserved. ARTICLE IV. PLACES OF PUBLIC ACCOMMODATION Section 58-81. Unlawful discriminatory practices. (a) Except as otherwise provided in this chapter, it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement as defined in section 58-2, on the grounds of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. (b) It is an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or mailed, a written, printed, oral, or visual communication, notice, or advertisement, which indicates that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement will be refused, withheld, or denied an individual on account of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation or that the patronage of, or presence at, a place of public accommodation, resort, or amusement of an individual on account of race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation is objectionable, unwelcome, unacceptable, or undesirable. (c) This section shall not apply with regards to sex and gender identity to the following: (1) Restrooms, shower rooms, bathhouses, and similar facilities which are, by their nature, distinctly private; (2) YMCA, YWCA and similar dormitory -type lodging facilities; (3) The exemptions contained in the definitions of place of public accommodation, resort, or amusement as set forth in section 58-2; (4) Hospitals, nursing homes, schools, childcare facilities, jails, penal or similar facilities with respect to any requirement that men and women not be in the same room. Sections 58-82 through 58-100 are hereby reserved. ARTICLE V. FAIR HOUSING Section. 58-101. Unlawful housing practices. Except as otherwise provided herein, it shall be a prohibited unlawful practice: (1) To refuse to sell, purchase, exchange, rent or lease, or otherwise deny or withhold any housing accommodation from a person because of his or her race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation; (2) To discriminate against a person because of that person's race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation in terms, conditions, or privileges of the sale, purchase, exchange, rental, or lease of any housing accommodation or in the furnishing of the facilities or services in connection therewith; (3) To refuse to receive or transmit or negotiate a bona fide offer to sell, purchase, exchange, rent or lease any housing accommodation from or to a person because of his or her race color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation; 139 208004 (4) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, exchange, rental, or lease when in fact it is so available because of that person's race, color, religion, familial status, handicap, sex, age, national origin, gender identity, or sexual orientation. Section 58-102. Exceptions. (a) Nothing in section 58-101 shall apply to: (1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of his family resides in one of the housing accommodations; (2) The rental of one room or one rooming unit in a (portion of a) housing accommodation by an individual (the occupant of the housing accommodation or by the owner of the housing accommodation) if he or a member of his family resides therein; or (3) A religious institution, or an organization operated for charitable or educational. purposes, which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association, or society limits or gives preference in the sale, lease, rental, assignment, or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained. (b) Nothing in this chapter shall be construed to affect the legal rights of a private individual homeowner to dispose of his property through private sale without the aid of any real estate operator, broker or salesperson, and without advertising or public display. (c) Nothing in this article shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation. Sec. 58-103. Violations committed as agent for another. It shall be no defense to a violation of this article by a real estate operator, real estate broker, real estate salesperson, financial institution, or other person subject to the provisions of this article that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this article. Sections 58-104 through 58-130 are hereby reserved. ARTICLE VI. ADMINISTRATION AND ENFORCEMENT. Section 58-131. Conspiracy to violate chapter. It shall be an unlawful practice for a person, or for two or more persons, to conspire: (1) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this chapter, or because he has made a charge, filed a complaint; testified, assisted or participated in any manner in any investigation, proceeding, or hearing under this chapter; or (2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this chapter; or (3) To obstruct or prevent a person from complying with the provisions of this chapter or any order issued thereunder; or (4) To resist, prevent, impede, or interfere with the city Human Rights Commission, or any of its members or representatives, in the lawful performance of duty pursuant to the Code of Ordinances of the city. Section 58-132. Complaint procedure. (a) An individual claiming to be aggrieved by an unlawful practice relating to race, color, religion, sex, age, familial status, handicap or national origin may seek the Commission's assistance in contacting the Kentucky Commission on Human Rights, or such other applicable state or federal agency with which a complaint may be filed. The complaint must be filed within six months after the alleged unlawful practice occurred. Upon such filing, the Kentucky Commission on Human Rights, or other applicable state or federal agency will be delegated all functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter regarding such claim. 140 208004 (b) An individual claiming to be aggrieved by an unlawful practice relating to gender identity or sexual orientation may file with the Commission a written (sworn) complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based, and setting forth the facts sufficient to enable the Commission to identify the person(s) charged (respondent(s)). The complaint must be filed within six months after the alleged unlawful practice occurred. (1) Upon filing of the complaint, the Commission, or its designated committee, shall, after notifying the City Manager's office, make a prompt and full investigation of each complaint. (2) If it is determined that there is no probable cause to believe that the respondent is engaged in an unlawful practice, the Commission shall issue an order dismissing the complaint (3) If it is determined, after investigation, that there is probable cause to believe the respondent has engaged in an unlawful practice, the Commission shall endeavor to eliminate the alleged unlawful practice by conference conciliation, and persuasion. The terms of the conciliation agreement reached with the respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the Commission and the respondent. Except for the terms of the conciliation agreement, neither the Commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation, or persuasion, whether or not there is a determination of probable cause or a conciliation agreement. (4) In any case of failure to eliminate the alleged unlawful practice by means of conference, conciliation, and persuasion, the Commission shall hold a public hearing to determine whether or not an unlawful practice has been committed. The Commission shall serve upon the respondent a statement of the charges made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than ten days after the service of the statement of charges. The respondent shall have the right to file an answer, to appear at the hearing in person or be represented by an attorney, and to examine and cross-examine witnesses. A determination of probable cause shall in no way create a presumption of a violation. (5) If three-fourths of the Commissioners attending a duly constituted hearing determine that the respondent has engaged in an unlawful practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the unlawful practice. If the Commission fails to determine that the respondent has engaged in an unlawful practice, the Commission shall so state and shall issue an order dismissing the complaint. (6) In connection with an investigation of a complaint filed under this subsection, the Commission or its designated representatives at any reasonable time may request access to the premises, records, and documents relevant to the complaint and the right to examine, photograph, and copy evidence, but all such evidence mot otherwise presented at a public hearing shall be of a confidential nature. (7) Where a real estate broker or a real estate salesperson has failed to comply with any order issued by the Commission or has been found to have committed an unfair housing practice in violation of this chapter, the Commission shall notify in writing the president of the local real estate board of the failure to comply or of the violation. Sections 58-133 through 58-150 are hereby reserved. SECTION B. Effective Date. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS 424. SECTION C. Repeal of Ordinances. Upon the publication and on the effective date of this ordinance, the following Chapter shall be repealed in its entirety and superseded with this Ordinance: Chapter 58. 141 208004 MAYOR ATTEST: City Clerk Introduced by the Board of Commissioners, December 12, 2017 Adopted by the Board of Commissioners, January 9, 2018 Recorded by City Clerk, January 9, 2018 Published by The Paducah Sun, January 11, 2018 \ord\58-Human Rights Commission repeal & replace 142 Agenda Action Form Paducah City Commission Meeting Date: December 19, 2017 Short Title: Paducah Human Rights Commission — Ordinance Repeal and Replace ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson Background Information: The Paducah Human Rights Commission was created by Municipal Ordinance in 1968 for the purpose of safeguarding individuals through the establishment of certain classes of discrimination in the community from which residents can bring forward and file discrimination complaints for investigation and determination by the Commission. The HRC maintains an office in City Hall with staffing that included part time Secretary as well as an Executive Director position that has alternated over the years between full time, part time, and unfilled. The Board is currently comprised of nine members, and it meets monthly to review and make determinations upon complaints of discrimination. Activities associated with receiving and investigation of complaints have been conducted at both the Board and staff level, and the Board is also empowered to require cessation of violations as well as issue remedial orders. The Paducah HRC has also conducted advocacy programs focused around residents' rights in the several defined areas of discrimination. Over the past several months, the operation of the Human Rights Commission has come under review for its ability to effectively and correctly manage these responsibilities. Additionally, consideration has been given to Whether the present Ordinance covers all forms of discrimination that the community values. This has resulted in the need to repeal the existing Ordinance if favor of a new Ordinance that reflects desired additions to discriminatory categories as well as changes to administrative functions and procedures. Goal: ❑Strong Economy N Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: The attached Ordinance repeals the existing Ordinance and replaces it with an Ordinance that contains the following substantive changes: 1. The addition of Age and Gender Identity and Sexual Orientation to the list of unlawful discriminatory practices that are safeguarded by the Ordinance. 2. A Human Rights Commission comprised of five members (reduction from nine members). Complaints made to Commission regarding race, color, religion, sex, age, familial status, handicap, or national origin must be filed with the Kentucky Commission on Human Rights where all functions and duties associated with the disposition of the complaint will be conducted. Agenda Action Form Page 2 4. Complaints associated with a grievance or unlawful practice relating to gender identity or sexual orientation will be filed with the Paducah Human Rights Commission, following which notification will be made to the City Manager's Office and the investigation will be conducted by the HRC with assistance from corporation counsel as necessary. 5. The HRC is obligated to conduct programs to educate the public and to promote equality for all through community partnerships. 6. There is no provision for the position of Executive Director. Recommend to the City Commission to repeal the existing Ordinance and pass the proposed new Ordinance. Attachments: Ordinance Department Head City ClerkCity anager