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07. Ordinance 1623 - Salary Ordinance - 1st ReadingCity of Kalispell Charles A. Harball office of City Attorney City Attorney 312 First Avenue East P.U. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harb all, City Attorney Names H. Patrick, City Manager Tel 406.758.7708 Fax 406.758,7771 charbalI@kalispell.com SUBJECT: ordinance No. 1023 and Resolution No. 5236 — Compensation for Employees of the City MEETING DATE: Tuesday, September 4, 2007, Regular Council Meeting BACKGROUND: Each year, sometime after budget approval, the City Council reviews and approves a compensation schedule for the employees of the City. It is that time of year again. In the past, because this involves the expenditure of City funds, this has always been done by ordinance. However, state law, MCA 7-4-4201, allows that such action by council may be done by ordinance or resolution. The city finance department has requested that the City consider utilizing the resolution process rather than the ordinance to avoid the delays of second reading and the thirty day waiting period thereafter. RECOMMENDATION: The City Council should consider passing Ordinance No. 1023 which operates as a global compensation ordinance that also authorizes the use of resolutions of Council in the future. The City Council should then also consider passing Resolution No. 5236 that sets the compensation of city employees for another year term. FISCAL EFFECTS: The fiscal effect of this action is to authorize the city finance department to pay the city employees as agreed upon by contract or other Council action. Respectfully sub itte d, Charles Harball, , ity Attorney mes H. Patrick, City Manager ORDINANCE NO. 1623 AN ORDINANCE AMENDING ORDINANCE NO. 1552, AUTHORIZING THE FIXING OF THE LIMITS OF THE SALARY AND COMPENSATION OF THE CITY OFFICIALS, SUPERVISORS, AND EMPLOYEES BY RESOLUTION PURSUANT TO TITLE 7, CHAPTER 49 PART 42, M.C.A., AND REPEALING ALL OTHER ORDINANCES IN CONFLICT THEREWITH AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell is a general powers city of the state of Montana and is authorized by M. C.A. 7-4-4201 to set the compensation and salaries of its elected and appointed city officers as well as all city employees by resolution of its City Council; and WHEREAS, the City of Kalispell employs individuals who are represented by various collective bargaining units as well as individuals who are not represented by a union as well as individuals hired on a seasonal and part-time basis; and WHEREAS, it is in the best interests of the City and the efficient governance of the City that the compensation and salaries of the city employees be set from time to time by resolution of the Kalispell City Council. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1 The salaries and compensation ranges of city elected officials, appointed officers, supervisors, union employees, non -union employees, seasonal and part-time employees shall be set from time to time by the resolution of the Kalispell City Council. SECTION 2 Longevity increments and medical insurance premiums for elected and appointed city officers as well as all city employees shall be paid as provided by law, contract or as directed by the City Council. The annual service anniversary date for all employees shall be July 1 st of each year; however, an employee must have at least six months continuous employment by the City before being considered to have one year longevity. SECTION 3 All prior salary and compensation ordinances of the City and any ordinance or parts of ordinances in conflict herewith are hereby repealed. SECTION 4 This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNET] BY THE MAYOR. THIS DAY OF SEPTEMBER, 2007. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk