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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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,
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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(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
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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.
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(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
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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;
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(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.
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(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.
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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
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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