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033 of 2004 - Approving the Compensation Plan for 800 Series City employees I SALT LAKE CITY ORDINANCE No. 33 of 2004 (Approving the Compensation Plan for "800 Series" Employees of Salt Lake City) AN ORDINANCE APPROVING A COMPENSATION PLAN FOR"800 SERIES"EMPLOYEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the attached Compensation Plan for"800 Series"Employees. Three copies of said Compensation Plan shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The Compensation Plan shall not apply to employees whose employment terminated prior to the effective date of this Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on July 1, 2004. Passed by the City Council of Salt Lake City,Utah, this 17 th day of June , 2004. U. Td\L, .t CHAIRPERSON p.-- . , ATTEST: • . D CHIEF DEPUTY CITY REC RDER Transmitted to the Mayor on Jane 17, 2004 • Mayor's Action: .Approved Y.' Vetoed. _.' e-c-- AYOR / ATTEST: • • CHIEF DEPUTY C Y RE RDER i: 1 r,,,, . 1...., ,.:i:: e •ic..',w\-. offic,-) ,,,.:;:--, !•.,.-„,-,,,,,i,e 1.,,,,i,z, .0Y,0-14'; ,01, ANtii 1 • 4#4.;M' (SEAL) °(. :(.:, 7',',"•,i-i.;),''''' ;':' \\--.•,,,.-.,:.-,,,,:-.i::::::.;.,-:;:::..:-'' Bill No. 33 t of 2004. Published: July 1, 2004 G.\Ordinance 04\Budget\Approve 800 2004.doc 2 0o'410 COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION "800 SERIES" CITY EMPLOYEES. EFFECTIVE DATE The provisions of this plan shall be effective, commencing July 1, 20032004. II. EMPLOYEES COVERED BY THIS PLAN Employees subject to this plan shall be full-time Sergeants, Lieutenants and Captains in the City's Police Department classified as "800 Series" City employees. Employees are not covered by the paid leave and longevity payment provisions of this plan while they are on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of certain leave and longevity benefits as provided by city ordinance. III. WAGES AND SALARIES A. 1. To the degree that funds permit, employees classified as "800 Series" employees shall be paid monthly salaries that: a. Achieve equal pay for equal work; and b. Attain comparability of salaries to salaries used by other public employers for similar work. 2. Based on periodically conducted market surveys, the Mayor shall determine the comparability of City salary ranges to salary ranges used by other public employers for similar work. The surveys shall include a cross section of comparable benchmark positions in public organizations of generally similar size,breadth of functional responsibility, and, for public entities, comparable governance structures. 3. The compensation plans may provide salary range widths that reflect the normal growth and productivity potential of employees within a job classification. 4. The Mayor shall develop policies and guidelines for the administration of the pay plans. 5. The pay administration policies may provide for annual salary adjustments subject to availability of funds. B. 1. Employees,who are classified as Captains and Lieutenants shall,for purposes of this compensation plan and its wage schedules,be deemed as exempt employees. Employees classified as Sergeants shall be for purposes of this compensation plan and its wage schedules be deemed as non-exempt employees. a. As used in this Compensation Plan, exempt employees shall mean employees who are defined by §213 of the Fair Labor Standards `� ^ Y Zoo ` Act(the "Act")as exempt from the Act's overtime provisions. V. OVERTIME COMPENSATION A. Employees classified as Sergeants who are authorized and required by their supervisors to perform City work on an overtime basis according to City policy shall be compensated by pay or compensatory time off under rates and procedures established by said policy. It shall be at the discretion of the City, subject to the limitations of the Fair Labor Standards Act and City policy, to determine whether a sergeant receives cash payment or compensatory time off. All overtime work must be pre-authorized. In no case shall overtime compensation exceed the rate of 1-1/2 times a sergeant's regular hourly rate of pay. B. Compensation for Court and Other Appearance. 1. A Sergeant shall be entitled to receive compensation for a court or administrative proceeding appearance as a witness subpoenaed by the City, the State of Utah, or the United States as follows: a. Court or as a party to legal or administrative proceeding appearances made while on-duty shall constitute normal hours of work. b. In the event a court or administrative proceeding appearance extends beyond the end of the employee's regularly schedule shift, such time spent in court or administrative proceedings will be treated as normal work time for the purpose of computing an employee's overtime compensation. c. Court or administrative proceeding appearances made while off- duty will be compensated as follows: (1) Employees shall be paid at the rate of one and one-half times their regular rate of pay for two (2)hours or time spent while off-duty for preparation in conjunction with such court appearances;provided,however, that no employee is authorized to, and shall not spend in excess of two(2)hours while off-duty in preparation for a court or administrative proceeding appearance. (2) In addition to the compensation provided in(1)above, employees shall be paid at the rate of one and one-half times their regular rate of pay for the actual time spent in court or in an administrative proceeding. Time granted by a court or administrative body to Sergeants for lunch shall not be compensated hereunder. (3) In the event the time spent in court or administrative proceeding extends into the beginning of the employee's regularly scheduled work shift, time spent in court or in administrative proceeding shall be deemed ended at the time such shift is scheduled to begin. 2. Compensation shall be provided by authority of this section only if: 3 4. Further,an employee who obtains a degree or advanced degree through the City's Tuition Reimbursement Program shall not receive education pay under this section for the degree obtained. 5. For the purposes of this subsection, degrees in the following shall be presumed to be job related: (a) Business (b) Pharmacy (c) Health (d) Public Administration (e) Law (f) Social, Behavioral, or Political Science (g) Medicine (h) Social Work (i) Nursing (j) Humanities (k) Criminal Justice (1) Communication C. Police Captains and Lieutenants are eligible for a$500 per year job-related training allowance,which is in addition to the allowances listed above in this Section VI. VII. WAGE DIFFERENTIALS Employees classified as Sergeants may receive the following wage differentials: A. Call Out. Sergeants who have been released from their normally-scheduled work shifts and have been directed to retur to work by an appropriate division head or designated representative to perform work without at least 24 hours advance notice or scheduling, shall be compensated as provided in subparagraphs one(1) or(2)through three(3) below _w -is greater 1. regular-rate-of-pay-on-sueh-oceasiens-as-they-Sergeants who are directed to report to work shall receive a minimum of four(4)hours compensation at one and one-half times their regular rate of pay, or one and one-half times their regular rate of'pay for actual hours worked,whichever is greater. 2. Sergeants who are assigned to day shift, and who are directed to perform work within eight(8)hours prior to the beginning of their regularly 5 ?. The CITY shall provide for the cleaning of uniforms as described in Police Department policy. 3. Employees in plainclothes assignments, as determined by their Division Commander,shall be provided a clothing and cleaning allowance of $ 39.00 per pay period. 4. In addition to the above uniform, clothing and cleaning allowances, employees shall be allowed one additional uniform consisting of a uniform pant, shirt, and tie. The cost of this additional uniform will be paid for by the Police Department. E. Other Allowances. The Mayor may,within budgeted appropriations, authorize the payment of other allowances in extraordinary circumstances (as determined by the Mayor)and as dictated by City needs. IX. HOURS OF SERVICE A. Hours Worked. 40 hours shall constitute a normal work week except for work incentive programs approved by the City. Overtime work is to be discouraged. In case of unforeseen circumstance or whenever public interest demands, an employee may be required to perform overtime work by a Division Commander or designee. This paragraph shall not be construed to limit or prevent the City from changing or establishing work shifts as the need arises or to guarantee employees 40 hours work per week. The City has adopted variable 40 hour work week schedules including 8 hour, 10 hour, and 12 hour shifts. It is the intent of the City to give reasonable notice of any work schedule and shift changes to all affected employees. A shift change shall mean a change from one permanent shift(day shift, swing shift, graveyard shift) to another permanent shift. X. HOLIDAYS AND VACATION Employees shall receive holidays and vacations as provided in this paragraph X. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits,as provided by city ordinance. A. Holidays The following days shall be recognized and observed as holidays for employees covered by this plan. Such employees shall receive their regular rate of pay for each of the unworked holidays: 1. New Year's Day,the first day of January. 2. Martin Luther King Day,the third Monday of January. 3. President's Day,the third Monday in February. 4. Memorial Day,the last Monday of May. 7 • 4 to 6 3.69 7 to 9 4.62 10to 12 5.54 13 to 15 6.15 16 to 19 6.77 20 or more 7.69 3. Employees may accumulate vacations, (including both accrued vacation and sick leave conversion time), according to the length of their full-time Years of City Service up to the following maximum limits: Up to 9 years Up to 30 days After 9 years Up to 35 days After 14 years Up to 40 days "Days," herein,means "8 hour" days. Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence, related provisions under city ordinance shall apply. 4. Years of City Service shall be based on the most recent date the person became a Full-Time salaried employee. 5. Vacation Buv Back. The City may purchase within any calendar year up to,but not exceeding, 80 hours of accrued vacation time,to which an employee is entitled,with the consent of said employee and upon favorable written recommendation of the Chief of Police and the approval of the Chief Administrative Officer. Said purchase of accrued vacation time may be authorized, in the discretion of the City, when, in its judgment,it is demonstrated that: a. The cash payment in lieu of vacation time use shall not interfere with an employee's performance or create an unreasonable hardship on said employee; b. There is a demonstrated need for the City to retain the services of the employee for said vacation time; and c. There are sufficient funds in the Department budget to pay for the vacation time as certified by the City Management Services Director or designee, without disturbing or interfering with the delivery of City services. 9 G. Election under paragraphs XLD. or XLE. above shall be made on a written authorization form provided by the City. Once made and submitted,the election shall be irrevocable. GH. Plan"A." 1. Sick Leave. a. Sick leave shall be provided for employees under this Plan"A"as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules governing the interfacing of sick leave and worker's compensation benefits and avoiding,to the extent allowable by law, duplicative payments. b. Each employee shall accrue sick leave at a rate of 4.62 hours per pay period. Unused sick leave may be accumulated from year to year subject to the limitations of this plan. c. Under this Plan"A,"Full-Time employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave earned and unused during any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. (1) Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying Human Resource Management, in writing not later than the second payperiod of the new calendar year. Otherwise, the opportunity to waive conversion, or elect conversion other than the maximum allowable amount, shall be deemed waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. (2) Any sick leave hours,properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other vacation hours to which the employee is entitled; provided,however,that in no event shall an employee be entitled to any pay or compensation upon an employee's termination for any sick leave converted to vacation. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. 2. Hospitalization Leave a. Hospitalization leave shall be provided for Full-Time employees under this Plan"A,"in addition to sick leave authorized hereunder, 11 father,brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step- grandfather, grandmother, step-grandmother, grandchild, or grandstepchild, stepchild, stepmother, stepfather, stepbrother or stepsister. In the event of death in any of these instances,the employee will be paid his or her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. Employees will be permitted one additional day of funeral leave on the day following the service if: such service is held more than 150 miles distance from Salt Lake City; if the employee attends the service; and the day following the service is a regular work shift. Satisfactory proof of such death,together with the date thereof,the date and location of the funeral or memorial service,and the date of burial,must, on request,be furnished by the employees to their supervisor. b. In the event of death of an uncle,aunt,niece, nephew,or first cousin to the respective employee,said employee will be paid for time off from scheduled working hours while attending the funeral or memorial service for such person, not to exceed one shift. c. In the event of death of friends or relatives not listed above,an employee may be granted time off without pay, or may use available vacation leave,while attending the funeral or memorial service for such person,not to exceed " hours, subject to the approval of his or her immediate supervisor. d. In the event the death of any member of the immediate family as set forth in this paragraph XI.D.3I occurs while an employee is on vacation, his or her vacation will be extended by the amount of time authorized as bereavement leave under said paragraph. e. The provisions of this paragraph shall not be applicable to employees who are on leave of absence other than vacation leave. 4. Dependent Leave. a. Under Plan"A,"paid dependent leave may be requested by a Full- Time employee covered by this Compensation Plan for the following FMLA-qualifying reasons: (See also APPENDIX C.) 1. Becoming a parent through birth or adoption of a child or children. 2. Placement of a foster child in the employee's home. 3. Due to the care of the employee's child, spouse, or parent with a serious health condition. b. Under Plan"A," dependent leave may also be requested by a Full- Time employee to care for an employee's child, spouse or a parent who is ill or injured but who does not have a serious health condition. 13 b. In lieu of the above, Full-Time employees may elect to convert the sick leave privilege provided above to hospital and surgical coverage. If such an election is made in writing, 50%of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee's available sick leave account balance, computed by the hours therein times the salary rate at the effective date of employment separation, determines the number of months of medical and surgical coverage which may be purchased. The purchase is made on a monthly basis,which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase due to group experience,the number of'months of coverage will decrease. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. . 1 El1. .V 6114 JNldJ 44l EI. Plan"B." 1. The benefit Plan Year of Plan"B"begins in each calendar year on the first day of the pay-period that includes November 15.Under this Plan"B," paid personal leave shall be provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury,to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or disability—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works. 2. Each employee under this Plan"B"shall be awarded personal leave hours based on the following schedule: Months of Consecutive Hours of Personal City Service Leave Per Bi-Weekly Pay Period Less than 6 1.54 Less than 24 2.31 24 or more 3.08 For any plan year in which there are 27 pay periods, no personal leave hours will be awarded on the 27th pay period. 3. Not later than October 31 st in each calendar year, employees covered by Plan"B"may elect,by notifying their Personnel/Payroll Administrator in writing,to do any of the following: 15 following the service is a regular work shift. Satisfactory proof of such death,together with the date thereof, the date and location of the service, and the date of burial,must, on request,be furnished by the employees to their supervisors. b. In the event of death of an uncle,aunt,niece,nephew, or first cousin to the respective employee, said employee shall be allowed to use personal leave for time off from scheduled working hours to attend the funeral or memorial service for such person. c. In the event of death of friends or relatives not listed above,an employee may be allowed to use personal leave for time off to attend the funeral or memorial service for such person, subject to the approval of their supervisor. 8. Career Enhancement Leave, Plan"B." An employee covered under this Plan"B" is eligible, after 15 years of full-time service with the City,to be selected to receive up to two weeks of career enhancement leave. This leave could be used for formal training, informal course of study,job- related travel, internship, mentoring or other activity that could be of benefit to the City and the employee's career development, Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the appropriate Department head, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the Department head and by the Human Resources Director(who will review the request for compliance with the guidelines outlined here). 9. BenefitRetirement/Layoff(RL)Benefit,Plan"B." a. Employees currently covered under Plan"B"who were hired before November 16, 1997,and who elected in 1997 to be covered under Plan"B,"shall have a retirement/layoff account(hereinafter referred to as an"RL"account)equal to sixty percent of their aeeummulated accumulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan"B," shall have an RL account equal to fifty percent of their tteeummulated accumulated unused sick leave hours available on November 14, 1998,minus any hours withdrawn after the account is established. c. Payment of the RL Account. (1) All of the hours in the RL account shall be payable at retirement or layoff as follows: The employee shall be paid the employee's hourly rate of pay on date of termination or layoff for each hour in the employee's RL account subject (2) In the case of retirement only, in lieu of the above, employees may elect in writing to convert the RL account 17 C. Leave for Jury Duty. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the State and Federal Courts subject to the conditions hereinafter set forth. No reduction in an employee's salary shall be made for absence from work resulting from such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours from the City,he or she shall forthwith return to and carry on his or her regular City employment. Failure to so return to work shall result in the forfeiture of that day's pay by such employee. XIII. INJURY LEAVE A. Injury Leave. The City shall establish rules governing the administration of an injury leave program for employees under the following qualifications and restrictions: 1. The disability must have resulted from an injury arising out of the discharge of official duties and/or while exercising some form of necessary job related activity as determined by the City; 2. The employee must be unable to return to work due to the injury as verified by a medical provider acceptable to the City; 3. The leave benefit shall not exceed the value of the employee's net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as Workers' Compensation, social security, long term disability or retirement benefits, or any form of governmental relief whatsoever; 4. The aggregate value of benefits provided to employees under this injury leave program shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the Mayor for extraordinary reasons or circumstances; 5. The City's Risk Manager shall be principally responsible for the review of injury leave claims provided that appeals from the decision of the City's Risk Manager may be reviewed by the Director of the Department of Management Services who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for Workers' Compensation as provided by law; and is not receiving injury leave pursuant to this provision, said employee may elect in writing to the Chief of Police or designee to use either accumulated sick leave or hours from the RL account, if applicable and authorized vacation time to supplement Workers' Compensation so that the employee is receiving the employee's regular net salary. XIV. ADDITIONAL LEAVES OF ABSENCE. Additional leaves of absence may be requested in writing and granted to an employee at the discretion of the Chief of Police. XV. INSURANCE 19 XIX. SEPARATION FROM SERVICE A. Social Security Adopted. Exception. Employees shall be exempted from the provisions of the Federal Social Security System unless determined otherwise by the City or unless required by State or Federal law. B. Retirement Programs. The City hereby adopts the Utah State Retirement System for providing retirement pensions to employees covered by the plan. The City may permit or require the participation of employees in its retirement program(s) under terms and conditions established by the Mayor and consistent with state law.. Such programs may include: 1. The Utah Public Safety Retirement System (Contributory and Non- Contributory) 2. Deferred Compensation Programs 3. Retirement Incentive Programs C. The 2004-2005 fiscal year retirement contribution rates for employees covered by this paragraph are shown in Appendix B. CD. Layoffs. 1. Employees who are subject to layoff because of lack of work or lack of funds shall be eligible to receive, : a. One hundred percent of their accumulated unused sick leave hours, if covered under paragraph XLDH. (Plan"A");or b. One hundred percent of their RL account if covered under paragraph XI.E-I (Plan"B"). b. Accrued unused personal leave at 50%of the employees' base hourly rate, if covered under paragraph XI.£-I(Plan"B"). DE. Separation From Employment Due to Resignations Or Otherwise 1. Every employee who is separated from City employment for any reason shall be paid for: a. Earned vacation time, or holiday time covered under Section X.B., accrued,unused, and unforfeited as of the date of termination; b. Unused compensatory time off; and c. If a participant in"Plan B,"any accrued and unused personal leave in accordance with paragraph XI.EI.5.,of this chapter. XX. RECOGNITION OF THE PROFESSIONAL EMPLOYEES COUNCIL 21 APPENDIX A - SALARY SCHEDULE FOR 800 SERIES EMPLOYEES Bi-Weekly Rates July 1, 2003 2004 SERGEANT A B C Days, Swinq Graves Level 812 $ 2,221 .60 $ 2,277.1 /l $ 2,332.68 813 $ 2,274.40 $ 2,331 .26 $ 2,388.12 A B C LIEUTENANT Days Swinq Graves Level 822 $ 2,675.20 $ 2,742.08 $ 2,808.96 CAPTAIN Level 830 $ 2,997.60 Change in Pay Level Assignment Depends on Approval of Police Chief For FMLA Appendix, See Compensation Plan for Executives and Elected Officials.