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8.9a Personnel Manual ChangesCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 4/9/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 8 AGENDA: HUMAN RESOURCES ITEM NO. 9a BY: BY: Natalie Fischer Page 1 ITEM:Resolution No. 07-6386 Request approval of proposed changes to the Personnel Manual. BACKGROUND: In order to implement the proposed Position Classification and Salary Schedule, the following changes are proposed for the Personnel Manual. Article 8: “Performance Requirements” – Section 3, Merit Salary Increases has been changed to implement the Organizational Values and the performance component of the evaluation/merit increase structure. Article 9: “Promotion, Transfers, Demotions and Reclassifications” – Added Section 5, Position Addition, Removal or Realignment to allow the City Manager to make changes in positions when the end result does not resu lt in a budgetary increase. This better clarifies discretion already provided. Article 10: “Compensation an d Benefits” – Section 8, Skill-Based Pay has become Skill/Competency-Based Pay and language was added to defi ne the intent of this compensation (fostering professional development, training and skill enhancement to improve performance and community service delivery), what constitutes skill/competency, how administrative guidelines will be developed, and how it will impact salary. Please note although the language defining Police Office-EMT Pay and Bilingual Pay has been removed, the pay has not been removed but will be further defined in the administrative guide being developed for all Skill/Competency-Based Pay. FISCAL NOTE: N/A COMFORMANCE WITH STRATEGIC PLAN: N/A RECOMMENDED ACTION: Alternative #1: Approve Resolution No. 07-6386 allowing changes to Articles 8, 9, 10 in the Personnel Manual. Alternative #2: Do not approve Resolution No. 07-6386 at this time. Staff recommends Alternative #1. Attachments: Articles 8, 9, 10 of Personnel Manual Resolution No. 07-6386 April 2007 ARTICLE 8 "Performance Requirements" Section 1. PERFORMANCE STANDARDS Employment in a position, either regular or temporary, is not recognized as a vested right to be retained because of appointment, possession or seniority, but only when the standard of performance justifies the continuance. Section 2. EVALUATIONS OF PERFORMANCE An evaluation system shall be utilized by each department. The method of evaluation and related forms shall be devised by the department head with the assistance of the Human Resources Director of Personnel for specialized classifications such as police and firefighting. The Human Resources Director shall develop the method of evaluation and related forms for those classifications utilized in more than one department, such as maintenance workers and secretarial or clerical personnel. All methods of evaluations and related forms should be submitted to the City Manager for approval prior to use. The systems shall be periodically reviewed in order to assure that they are serving the intended purposes and are in step with changing technology, methods of personnel training, supervision and job requirements. They shall be designed and administered so as to promote and encourage the concept of equal employment opportunity based on merit and fitness. The systems shall include written reports from immediate supervisors at a minimum of an annual regularly scheduled basis. The schedule of reporting shall be frequent enough to provide a continual evaluation of the indivi dual, but at least annually. The department head, on at least an annual basis, shall make written evaluations of all supervisors in his department. All such reports shall become and remain a part of the individual's personnel record, maintained by the Human Resources Director. The Employees shall receive a copy of their performance evaluations. all evaluations of the employee's performance. All evaluation reports shall be processed through the department's chain of command, with each supervisor acknowledging by signature that the report has been reviewed. Each level of supervision or management should add notes of concurrence, disagreement or additional observation and opinion concerning the employee's performance and evaluation. The employee being evaluated shall be furnished a copy of the evaluation and requested to read and to sign the same. In the event the employee refuses to sign the evaluation report, the supervisor will make this notation on said evaluation report and process the same in the regular manner. The employee shall be permitted to submit a written statement concerning the evaluation. The evaluation form shall include space for the employee to comment on the evaluation and a space to indicate agreement or disagreement with the evaluation. All evaluations shall be typewritten or in ink. An y regular employee who receives an unsatisfactory evaluation shall be reevaluated at the end of a three (3) month period. A second unsatisfactory evaluation shall be cause for a reduction in pay, demotion or dismissal. Section 3. MERIT SALARY INCREASES Salary ranges for all municipal positions are contained in the Official Pay Plan adopted by the City Commission. Each job classification has a minimum and a maximum salary level. All intermediate steps are scheduled on an annual basis. All increases are to be granted strictly on a merit and fitness basis and are not to be considered automatic. In order to be recommended for a merit increase, an employee must  demonstrate the Organizational Values and receive an overall performance rating that indicates he has met the supervisor’s expectations.An employee must receive an overall performance rating that indicates they have met their Supervisor's expectations in order to be recommended for a merit increase. If the employee has exceeded his supervi sor’s expectations, the supervisor and Department Head may recommend an additional increase. For those employees whose overall performance rating indicates they have exceeded their supervisor's expectatio ns the employee may be eligible for a double merit salary increase, based on outstanding performance and the supervisors' recommendation and their Department Head. The Department Head shall submit recommendations for merit increases in written form to the Director of Human Resources for approval. The final decision on granting the increase may be subject to the approval of the City Manager. shall be submitted in written form by the Department Head. The Department Head submits such recommendation to the Human Resources Director who, in turn, verifies the anniversary date and forwards it to the City Manager. The City with Manager shall make the final decision on granting the increase. In those instances where increases are not granted, as scheduled, the increase may be recommended at any subsequent evaluation if the Organizational Values have been demonstrated and performance meets expectations. However, the increase will not be retroactive. deemed advisable by the department head and Such recommendation shall be forwarded to the Director of Human Resources City Manager through the usual processes as explained above. However, in those cases where a merit increase is denied, a report on the reason for the denial shall become a part of the employee's personnel record maintained by the Human Resources Director, and a copy shall be furnished to the employee. Denial of a merit increase due to job performance does not constitute disciplinary action. Employees may use the grievance process to address their concerns regarding such denial. The City shall not be obligated to grant merit increases if the funds are not available and budgeted. Section 4. ADJUSTED MERIT SALARY INCREASES Department Heads may delay consideration of an employee's merit increase if they feel they have not had sufficient time to measure their performance.  April 2007 ARTICLE 9 "Promotion, Transfers, Demotions and Reclassifications" Section 1. PROMOTION It is the policy of the City to fill all vacancies for skilled, supervisory and upper-level positions from the ranks of present employees, whenever possible and practical, consistent with the city's obligation to fill public employee positions with the best qualified candidates, and consistent with equal opportunity and affirmative action requirements. All employees seeking promotion shall be expected to meet the qualifications for the classification to which they seek promotion. Employees shall be made aware of promotional opportunities by notices on department bulletin boards. The Human Resources Director shall promptly distribute such notices to all department heads as soon as the position becomes available. A. Definition: A title change in and of itself does not constitute a promotion. In order to be considered a promotion, the following criteria must be satisfied. 1. The employee is moving to a new, more responsible job with increased responsibilities. 2. The position must be at least one salary grade higher. 3. The position the employee is moving into must be in the same established job family (e.g., Secretary I and Secretary II - Maintenance Worker I and Maintenance Worker II). B. Procedures for Promotions: A higher pay grade position must be vacant in an established job family (e.g., Secretary I and Secretary II - Maintenance Worker I and Maintenance Worker II). Filling a vacancy by promotion may occur without public job advertisement with the approval of the City Manager. Vacancies can exist when: a. An incumbent leaves a position. b. New positions which are added in the annual budget process. C. Effect on Employee: Promoted employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of promotion during which their fitness to perform the duties of the new position will be evaluated by their supervisor. Salary Rate: The Department Head may place the promoted employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position.  Demotion During Probation: Promoted employees who cannot evidence satisfactory performance in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The promoted employee's anniversary date will be adjusted to reflect the date of the promotion. The promoted employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. D. Qualifications for Promotion All promotions shall be on the basis of merit and fitness determined by competitive, written examinations and/or interviews, wherever practical, and with consideration of the employee's total work record. All tests, interviews and other methods of determining qualifications for promotions shall be related to the job for which the employee is being considered. All promotions shall be recommended by the department head and subject to approval of the City Manager. Section 2. TRANSFERS Every employee has the privilege of requesting a transfer at any time there exists a vacancy for which the employee desires consideration. This does not restrict the City's right to make a non-requested lateral transfer or assignment when deemed in the City's best interests. It shall be the responsibility of every supervisor and department head to give deliberate and impartial consideration to each such request within their respective departments. The Human Resources Director, department heads and supervisors of all departments shall see that notices of all vacancies within the municipal organization are promptly posted so that every employee may have the opportunity to make application. Personnel action forms shall be signed by both department heads involved in the transfer, if applicable, with final approval by the City Manager. Any employee who transfers from one position to another shall be entitled to retain all accrued sick leave, vacation leave and other such earned fringe benefits. Provided, eligibility to transfer from one retirement program to another shall depend on the relevant state laws or regulations regulating the programs. A. Definition: There are two types of transfers - lateral transfers and non-lateral transfers. A lateral transfer is the movement of an employee from one position to another within the same pay grade. A non-lateral transfer is the movement of an employee from one position to another with a higher or lower pay grade. B. Effect on Employee: Transferred employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of the transfer during which their fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager.  Salary Rate: The Department Head may place the transferred employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. Demotion During Probation: Transferred employees who cannot evidence satisfactory performance in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The transferred employee's anniversary date will generally be adjusted to reflect the date of the transfer. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. Section 3. DEMOTIONS A. Definition A demotion is a downward movement of an employee from one position to another within an established job family (e.g., Secretary I and Secretary II - Maintenance Worker I and Maintenance Worker II). which may be due to inability to satisfactorily perform assigned duties, for disciplinary reasons or during periods when it is necessary to lay off employees due to lack of work or funds. If an employee requests to be placed in a position at a lower pay grade within an established job family, this will be considered a non-lateral transfer. B. Effect on Employee: When a demotion is for failure to perform satisfactorily in the position to which the employee was promoted, he/she may return to the previously held position or a reasonably comparable position, provided such an opening is available. The probationary period may be waived by the City Manager. When an employee is demoted into a position that he/she has not previously held, the employee will serve the applicable probationary period beginning from the date of demotion during which his/her fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter If the employee's pay in the current position exceeds the maximum in the demoted position, his/her pay will be reduced to that maximum or a lower level in the new range, as determined by the Department Head. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. Section 4. RECLASSIFICATIONS A. Definition: A reclassification is the re-evaluation and reassignment of a position to assure that the pay plan accurately reflects the worth of the position. A position may be reassigned either upward to a higher pay grade or downward to a lower pay grade. Reclassification is an action taken to recognize one of two conditions.  1. The duties, responsibilities and qualifications of an existing position have substantially changed over time to the extent that the position no longer resembles others of its class. 2. Labor market conditions as evidenced by the City's recruitment and retention experience and verified by salary survey data indicate a need to re-evaluate a position's location in the pay plan. The preferable method of altering departmental personnel allocations is through the budgetary process, thereby allowing the City Commission to review the staffing request. The reclassification process should not be used to reward an employee who is performing well in a properly classified position but who possesses potential to perform in a higher level position which the City does not need. It is also inappropriate to use reclassification to provide additional salary growth to an employee who has reached the top of his/her salary grade. In other words, reclassification should not be used in place of a promotion. An employee who is performing extremely well may be rewarded by promotion, if a vacancy exists, up through the class series (e.g. Secretary I to Secretary II) but this should not be considered a reclassification. Reclassifications are distinguished from promotions in the following manner: 1. A promotion is the upward movement of an employee into an existing position in a higher pay grade. 2. A reclassification is the upward or downward movement of a job. B. The Reclassification Process: A Department Head wishing to reclassify a position should develop written justification for the request and submit this to the Deputy City Manager for review. The Deputy City Manager will develop a recommendation concerning the proposed reclassification which is submitted to the City Manager. The City Manager will review the reasons for the request and the recommendation from the Deputy City Manager before making final determination on the reclassification. C. Effect of Reclassification Changes on Incumbent: Employees holding positions designated for reclassification who are performing the duties of the new position at the time of the reclassification will be reclassified with the position. Employees holding positions designated for reclassification who are not performing the duties of the new position at the time of the reclassification will not be reclassified with the position. Under these circumstances, the incumbent employee may apply for the newly reclassified position. If the incumbent employee is not selected to fill the new position, he/she will be eligible to be demoted, laterally transferred, or promoted to another available position in the City. If no vacancies exist, the City's layoff provisions may be used. D. Probationary Period: Employees holding positions which are reclassified to recognize the assumption of additional and/or different duties will not serve a probationary period. Employees holding positions which are reclassified to recognize labor market conditions will not serve a probationary period because they have not assumed additional duties.  E. Salary Rate: To recognize additional or a reduction of duties and responsibilities, a Department Head may place the employee in the reclassified position at or above the minimum entry level of the new salary range. The anniversary date will not change. Employees holding positions reclassified due to labor market conditions may receive a salary increase if their current salary falls below the minimum level of the new range. The anniversary dates of employees in positions reclassified due to labor market conditions will not change. Section 5. POSITION ADDITION, REMOVAL OR REALIGNMENT The City Manager may add, remove, or realign current positions to better meet the needs of the organization and the services provided when the end result of the change(s) does not result in a budgetary increase. In the event the changes would impact the budget, those changes shall be implemented only upon authorization of the City Commission.  January 2006 ARTICLE 10 "Compensation and Benefits" Section 1. OFFICIAL PAY PLAN Purpose - To provide like pay for like work; to help establish uniform standards for recruiting, hiring, work performance and promotional opportunities; to provide uniform and relevant titles for all positions; and to establish a logical and equitable relationship between different types of jobs for purposes of compensation. All employees should realize the "law of supply and demand" is a determining factor in establishing salaries as well as in the selling price of a product. The task of keeping in balance all salaries of the various municipal jobs and between the several departments is extremely difficult. Each individual has an opinion as to what the compensation should be for each classification. Not only should salaries and other forms of compensation for municipal jobs be kept in proper relationship, one with another, but also with those offered by other public agencies and private business for comparable jobs, particularly within the job market area. The final authority concerning amending, adopting and funding the Official Pay Plan is the responsibility of the City Commission. Classification - Each job within the classified municipal service shall be assigned an individual title, or jobs of similar characteristics, duties and responsibilities shall be assigned to a group classification. Specification - Each job shall be explained by a description of the duties, responsibilities and requirements for qualification. Method of Classification - Each job shall be classified in accordance with the character, difficulty and responsibility of designated duties, skills, education, physical requirements, hazards, supervision received and exercised. Changing the Classification of Positions - As the role of local government changes and services are added, modified or discontinued, it will be necessary for certain jobs to be reclassified, for some classifications to be discontinued and others added. The City Manager may reclassify, reassign and/or transfer any employee when such reclassification, reassignment and/or transfer is essential or desirable for the improvement of the municipal operation or the benefit of the employee. As a result of periodic studies and updates of the pay plan, the various jobs may be redefined, specifications altered, jobs reclassified and a different system of grading or salary ranges adopted. Section 2. PAY PERIODS All personnel are paid twice per month. Time sheets are submitted by each department head for the pay period, and checks are distributed on the 5th and 20th of each month. In the event a payday falls on a holiday, paychecks will be distributed on the day closest to the normal pay date. In the event a payday falls on a weekend paychecks will be distributed the Friday before. The paycheck stub shall show the employee's accrued vacation, personal holiday and sick leave.  Section 3. TOTAL COMPENSATION Total compensation includes salary and the value of the City's contribution to all fringe benefits (vacation, paid holidays, longevity pay, si ck leave, insurance, retirement, uniform or clothing allowance, etc.). Annually, the City will provide each employee with a calculation of total compensation. Section 4. PAY RECORDS The Human Resources Director shall keep adequate records of all persons employed, their pay scale, time worked, accrued vacation and sick leave, all absences from duty and all other records pertinent to all personnel. Section 5. SEPARATION PAY An employee who is laid off, dismissed or who otherwise terminates his employment shall receive his final paycheck on the first regularly scheduled payday following termination of employment. Employees shall be paid for all accrued vacation leave upon termination of employment. Employees who have at least five (5) consecutive, uninterrupted years of employment with the City shall receive, upon termination in good standing, payment for one-third of their accumulated sick leave hours at their current hourly pay rate. Section 6. LONGEVITY PAY The City may grant longevity pay, funds permitting and upon recommendation of the City Manager and approval of the City Commission, solely in recognition of length of service to the City. If paid, classified full-time and classified part-time employees shall be eligible to receive longevity pay, providing they have completed five (5) consecutive, uninterrupted years of service or more with the City as of November 30 in a classified position or positions. If paid, longevity shall be distributed to employees by December 15th. Classified full-time employees shall receive $3.50 for each full month of service and classified part-time employees shall receive $1.75 for each full month of service Upon termination in good standing, employees with five years of consecutive, uninterrupted years of service or more in a classified position or positions shall be entitled to longevity pay at a prorated amount. The employee shall be entitled to 1/12 of the longevity pay amount for each full calendar month since the previous December 1st. Section 7. CLOTHING In those departments where a clothing allowance is provided or uniforms otherwise furnished, it shall be the responsibility of the department head, with the approval of the City Manager, to establish a standard list and authorized inventory to be maintained by each employee. Clothing allowance is intended to enhance the general appearance of the entire department and shall not be considered a salary supplement. Uniforms provided by the City shall be worn only during the performance of municipal responsibilities or other functions specifically approved by the department head. Each department which provides special clothing, uniforms or a clothing allowance shall, with the approval of the City Manager, develop appropriate regulations on the inventory each employee shall maintain, type of uniforms or clothing to be worn, responsibility for cleaning and maintenance and disposition of uniforms or clothing when the employee leaves the department.  Section 8. SKILL BASED PAY SKILL / COMPENTENCY-BASED PAY Intent - It is the City’s intent to establish an environment that fosters on-going professional development, training and skill enhancement that enhances overall job performance, increases employee value and improves community service delivery. Administration - Subject to approval by the City Manager, the Human Resources Department is authorized to create and administer a skill / competency-based pay system which is intended to foster and reward employee development of identified skills and/or competencies which compliment and are in addition to skills and competencies determined to be required, preferred or recommended for the applicable job description. As components of the skill / competency-based pay system, the Human Resources Department shall develop application requirements, qualification criteria, and compensation parameters. Additionally, the Human Resources Department shall work closely with each functional department to review, structure and approve the skill / competency systems as well as develop, review and approve employee development plans to ensure the identified skills and/or competencies meet the intent of the program, directly relate to the functional performance needs and will be adequately utilized to the benefit of the City. Skill / Competency Examples - Examples of attained skills / competencies that may qualify for skill / competency-based pay include, but are not limited to: educational degrees from accredited colleges or universities, professional certifications or licenses, instructional certifications, non-English language speaking ability, cross training, and successful completion of block training programs. A list of attained skills / competencies shall be identified and made available by the Human Resources Department and functional departments. Salary Application - For purposes of determining salary placement within a pay grade, compensation for applicable skill or competency attainment is to be considered separate from salary provided within the pay and classification grade structure. Skill / competency-based pay may be either in the form of a lump-sum or ongoing compensation, depending upon the skill / competency attainment and as determined by the applicable skill / competency-based pay system. The employee must retain the skill / competency in order to continue to receive related pay in an ongoing manner. An individual employee may not commence receiving more than one skill / competency-based pay increase in any consecutive twelve (12) month period. In no event shall pay for a single skill / competency attainment exceed ten percent (10%) of an employee’s base hourly rate/annual salary, with total skill / competency-based pay not to exceed fifteen percent (15%) of an employee’s base hourly rate/annual salary or $10,000, whichever is less. Police Officer - EMT Pay- To better serve the community, Police Officers and Police Lieutenants are eligible to receive additional pay at the rate of .30 cents per hour for being certified as an EMT (Emergency Medical Technician). The Police Chief and the Director of Human Resources are responsible for ensuring that the criteria of eligibility is met by each employee receiving EMT pay. In addition, an employee must possess a EMT Certificate approved by the State of Kansas Board Of EMS and provide a copy to the Human Resources Department. As needed, employees receiving EMT pay may be screened to ensure the continued need for EMT skills in their duty assignment and that employees remain proficient in these skills. If an employee receiving EMT pay is re-assigned to a position where such skill will not be used, the additional pay will be discontinued. Employees taking EMT courses through area universities and community colleges may apply for tuition reimbursement subject to the guidelines detailed elsewhere in this manual. Bilingual Pay- To better serve the community, classified full-time (including probationary) and classified/regular part-time employees in eligible positions who demonstrate the necessary conversational skills in an approved non-English language will receive additional pay at the rate of .30 cents per hour  A.The Director of Human Resources is responsible for ensuring that the criteria of eligibility is met by each position and employee receiving bilingual pay. As needed, employees receiving bilingual pay may be screened to ensure the continued need for bilingual skills in their duty assignment and that employees remain proficient in these skills. B.To qualify, an employee must meet the following criteria: 1.The possession of bilingual skills must be beneficial in the performance of position duties and have a positive impact on the department’s delivery of services. 2.The employee’s position is one where public contact is frequent enough to benefit from a bilingual skill. 3.Employees in positions eligible to receive bilingual pay must be able to demonstrate proficiency in conversational skills. Written or other translation ability will be assessed only when specifically requested by the Department Head. C.Additional languages other than Spanish (including American Sign Language) will be considered on a case-by-case basis upon recommendation of Department Head. D.If an employee receiving bilingual pay is re-assigned to a position where such skill will not be used, the additional pay will be discontinued. E.Employees taking language courses through area universities and community colleges may apply for tuition reimbursement subject to the guidelines detailed elsewhere in this manual. Section 9.SHIFT DIFFERENTIAL PAY - POLICE EMPLOYEES To assist in recruiting and/or retaining employees who are required to perform shift work on a regular basis as a condition of employment, certain sworn and civilian non-exempt employees of the police department are eligible to receive additional shift differential pay at the rate of .50 cents per hour worked. A. Eligibility Shift differential pay shall be provided for any eight (8) hour or ten (10) hour workday in which the majority of work hours occur after 3:00 p.m. and prior to 6:00 a.m. Employees normally assigned to such hours shall be paid a shift differential for all hours actually worked. For purposes of this section, majority work hours must be expressed in whole numbers. Five (5) hours constitutes a majority of hours for eight (8) hour work schedules; six (6) hours constitutes a majority for ten (10) hour work schedules. Employees must work an entire pay period during the aforementioned hours to be eligible for shift differential pay. A shift differential shall not be paid to those employees who change work hours in the middle of a pay period, work a partial pay period, or to probationary officers during the period of time spent in the Field Training Officer program. B. Guidelines Shift differential pay shall be paid for actual hours worked during the workday and for those hours when an employee is on paid leave of any type. If shift differential pay is applicable and authorized overtime occurs in conjunction with the regular workday, the shift differential shall be paid for each hour of overtime worked, and the shift differential pay shall be added to the base hourly rate prior to computing the overtime rate. Shift differential pay is applicable to hours worked when called back to duty if the employee otherwise qualifies for the shift differential pay. Upon retirement or separation for any reason, shift differential pay shall not be applicable to terminal pay for accrued vacation, sick leave or any other accrued hours which may be compensable.