Chapter 3.16
CLASSIFICATION AND COMPENSATION POLICY
Sections:
3.16.010 Classification Plan
3.16.020 Non-Management and Management Service
3.16.030 Types of Employment
3.16.040 Compensation
3.16.050 Work Period
3.16.060 Working Hours
3.16.070 On-Call/Stand By Pay
3.16.080 Overtime and Compensatory Time
3.16.090 Rest Breaks
3.16.100 Holiday Pay
3.16.010 Classification Plan
A. The City Council shall be responsible for the classification of all positions on the basis of the kind and level of the duties and responsibilities of the position, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title; the same qualification requirements; the same method of evaluation for competence; and the same salary range.
1. A job class may contain one or more positions.
2. Classification of all positions shall be based on a study conducted by the Human Resources Director, subject to approval of the city council.
B. The classification plan of all positions shall provide class titles, descriptions of duties and responsibilities, qualifications and other requirements. The plan shall be amended as the duties, responsibilities and employment conditions change.
1. The Human Resources Director shall maintain copies of current descriptions for all classes of employment.
2. The descriptions shall include title, example of work performed, distinguishing features of work, essential job functions, required knowledge, skills and abilities, desirable experience and training and special licensing, certifications when applicable or other requirements.
3. The descriptions are illustrative only and are not to be restrictive in nature. They are intended to indicate the kinds of positions that should be allocated to the respective classes as determined by their duties, responsibilities and qualification requirements.
a. In assigning a position to a class, consideration shall be given to the general duties, tasks, responsibilities and desirable qualifications along with the relationship the position has to other classes.
b. It is not intended that a job description give a complete array of all the specific duties, tasks and responsibilities, but rather to give a general picture of the essential characteristics of the class.
c. The use of a particular expression or illustration as to duties, qualifications or other attributes shall not be held to exclude others not mentioned, if such others are similar in kind and degree. The appropriate supervisor, as circumstances require, may assign different tasks to a position when such duties are similar in kind and rank with those specified in the class of the position. In essence, the phrase "and to do related work as required" is described in the paragraph above.
d. Employees may be required to perform other duties during emergency situations or as the city so instructs, based upon the city’s needs.
C. A position may be reclassified on the basis of change in or reassignment of the duties and responsibilities and/or qualification requirements of the position.
1. Revision of position descriptions and reallocations within the classification plan shall be made as often as is necessary to provide current information on positions and classes.
2. It shall be the duty of the Human Resources Director to examine the nature of all positions and to allocate them to existing or newly created classes; to make changes in the classification plan as are made necessary by changes in the duties and responsibilities of existing positions; and to periodically review the entire classification plan and recommend appropriate changes in the allocations or in the classification plan.
3. When a new position is requested by a department head or the duties of an old position are substantially changed, the department head shall submit a written recommendation to the Human Resources Director including justification for the reclassification, emphasizing changes in position responsibilities or requirements for qualifications (i.e., experience, education, certifications, etc.).
4. The request will be reviewed by the Human Resources Director. If the request is justified, it will be prepared for review by the City Manager. If the City Manager does not concur with the request, the department head will be provided with an explanation. The City Manager shall make the final decision for all reclassification requests.
5. The department head shall prepare this request for review for the City Council. No reclassification involving an upgrade of salary, not requested and approved as part of the budget process, will be accepted without city council approval. If approved, the Human Resources Director will take the necessary steps to affect the reclassification.
6. A reclassification shall become effective on a personnel action form upon approval by the City Manager.
7. Incumbents may or may not be reclassified with their positions, based upon the findings and recommendations of the Human Resources Director and the City Manager. (Ord. 1129 (part), 2010; Ord. 859, 2001; Ord. 670 § 1(401), 1995)
(Manual, Amended, 08/15/2001)
3.16.020 Non-Management and Management Service
All offices and positions in the city are divided into non-management and management service.
A. Non-Management Service.
1. The objective of this service is to provide public and management services covered by a fair and nonpolitical system of personnel management for the city. The non-management service consists of all positions in the city service that are not placed in the management service by this title.
2. This subsection sets forth the procedures which ensure proper treatment for those who compete for employment and promotion and defines the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the non-management service of the city.
a. It is declared in the Personnel Code of the city that:
i. Employment by the city shall be based upon qualifications, free of personal and political consideration;
ii. Appointments, promotions and other actions requiring the application of the merit principle shall be based on systematic examinations and/or evaluations;
iii. Positions having similar duties and responsibilities shall be classified and compensated on an equitable basis;
iv. All employees shall be assigned a salary range in the compensation schedule.
3. Employees in the non-management service shall complete a probation period as established by their classification.
4. Non-management employees (excepting Jobs Training Partnership Act (JTPA) and grants personnel) who have completed their probationary period and are subject to disciplinary action of demotion, suspension or dismissal shall have appeal rights to the hearing officer against such action.
5. All non-management employees shall be entitled to all regular benefits and leaves stipulated under these policies and procedures.
B. Management Services.
1. The objective of the management service is to create a responsive management team to carry out the goals and policies of the city. The management service is made up of the following positions:
a. All elected officials and members of the boards and commissions;
b. All city officers appointed by City Council as follows:
i. City Attorney,
ii. City Magistrate(s),
iii. City Manager,
iv. City Clerk/City Treasurer,
v. City Engineer;
c. All department and division heads;
d. Police Lieutenants;
e. Fire Captain;
f. Administrative Assistant;
g. Planner I;
h. Accountant;
i. Consultants and counsel rendering temporary professional service.
2. The grievance procedure and the right of appeal to the hearing officer, conferred by this title upon the non-management employee, shall not apply to the management personnel as cited in this section.
3. Temporary, seasonal, volunteer and on-call positions shall be exempt from benefits, rights of appeal or other specified leaves unless stipulated by law. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 818, 2000; Ord. 712 § 1, 1996; Ord. 670 § 1 (402), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 03/02/2000)
3.16.030 Types of Employment
The types of city employment are:
A. Probationary (AT-WILL) employee: an employee on a trial status during the initial period of employment or during the initial period of promotion. All newly hired city employees are on a probationary status which extends for a period of six months from the date of hire. Police and fire personnel are subject to a probationary period of one year. Probationary periods may be extended under special circumstances as deemed necessary by the department head and with the approval of the City Manager.
B. Regular Employee.
1. Full-time: an employee who has successfully completed the probationary period established for that position and is covered under the rules and regulations of this Personnel Code.
2. Part-time: an employee who has successfully completed the probationary period established for that position is covered under the rules and regulations of this Personnel Code and works on a schedule of twenty (20) or more hours but less than forty (40) hours per week.
C. Temporary (AT-WILL) Employee. Before any full-time, part-time or emergency temporary employee is hired, an exhaustive effort will be made to acquire temporary personnel from Arizona Department of Economic Security (D.E.S.) or to contract with a temporary employment placement agency. Departments shall provide the Human Resources Department with documentation and records regarding their efforts to contract with D.E.S. or a private employment agency prior to proceeding with hiring one of the following categories of temporary employees:
1. Full-time: an employee whose work assignment is limited in duration to nineteen (19) weeks or less and is not a covered employee under the rules and regulations of this Personnel Code. Full-time temporary employees will be hired following the guidelines in Chapter 3.12 of the Winslow Municipal Code. When feasible the process will be accelerated to accommodate department’s needs.
2. Part-time: an employee whose work assignment is limited in duration to nineteen (19) weeks or less, is not a covered employee under the rules and regulations of this Personnel Code and works on a schedule of twenty (20) or more hours, but less than forty (40) hours per week. Part-time temporary employees will be hired following the guidelines in Chapter 3.12 of the Winslow Municipal Code. When feasible the process will be accelerated to accommodate department needs.
3. Seasonal/recreational employee: an employee whose work assignment is limited to a specific area of recreational activity and is limited in duration to the length of that specific activity. Seasonal employees will be hired following the guidelines in Chapter 3.12 of the Winslow Municipal Code. When feasible the process will be accelerated to accommodate department needs.
D. On-call employee: an employee whose work assignment is limited to the specific area of fire service and is limited in nature to the rules and regulations that have been established by the city. On-call firefighters shall have the right to apply for positions within the Fire Department, only after a position has been opened in-house.
E. Volunteer Employee.
1. An employee who is appointed to service on a voluntary basis for no pay and no benefits.
2. Reserve Officer. The reserve officer program, under the direction of the Winslow Police Department, is established to assist the Police Department and the city in providing the services of volunteer certified officers to promote the protection of life and property and uphold the law to citizens of the city.
A. Applications. A reserve officer must be certified a police officer and will therefore undergo all the training and background checks required for a regular police officer. Academies take applications once a year for any agency sponsoring officers. Therefore, applications will be accepted every year from March 1st through June 15th, 1994. Advertisement will be through the Human Resources Department.
B. Requirements. Applicants must fill out a city employment application, must enroll and successfully complete the AZ P.O.S.T. Academy requirements for a certified police officer or must be a certified police officer. Background checks will be completed on all applicants. Before a reserve officer is accepted as a volunteer; all background checks must be completed; he/she must have successfully completed and become a certified officer; and pass all drug tests required. Once employed, he/she must complete the Police Department’s field training officer program as would a regular police officer hired as a paid employee.
C. Reserve officers work a minimum of sixteen (16) hours per month. They are under the direct supervision of a Police Department supervisor as directed by the operations lieutenant or chief of police.
1. All rules and regulations and policies of the Police Department apply to reserve officers.
2. The Personnel Code also applies to reserve officers except in the areas of benefits, discipline and the grievance procedure.
3. All certified officers are certified under the AZ P.O.S.T. and, therefore, subject to any rules and regulations set forth by that agency and the Police Department’s rules and regulations and policies.
D. Reserve officers in violation of any of the rules and regulations set forth are subject to discipline under those rules and regulations of the Police Department. Any reserve officer position can be taken away based on a determination by the city that such position is no longer necessary or that cause exists to eliminate the position.
E. Reserve officers are considered city volunteers during their tenure as reserve officers and shall have the right to apply for a police officer position, only after a position is opened in-house. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(403), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 12/29/1998)
3.16.040 Compensation
A. Purpose. It is the policy of the city and the purpose of this plan to establish a compensation system that will allow the city to effectively compete for qualified personnel and to ensure that salaries are consistent and commensurate with the duties performed by each employee. The compensation program is designed to:
1. Attract, motivate, retain and reward qualified employees;
2. Provide compensation through a program that is internally consistent and externally competitive;
3. Establish and administer all practices and policies in full compliance with all statutes (e.g., Equal Employment, Fair Labor Standards Act, etc.);
4. Ensure all positions shall be governed by the compensation structure;
5. Be reviewed for internal consistency and external competitiveness on an annual or as necessary basis.
B. The salary schedule shall be adopted by the City Council and shall apply to all employees. Copies of this schedule are available for viewing in the Human Resources Department.
C. New Employees. Depending on experience and qualifications, new employees may be offered a starting salary higher than the minimum rate in the appropriate salary range.
1. Promotions: see related policy, Section 3.20.030.
2. Demotions: see related policy, Section 3.20.050.
3. Transfers: see related policy, Section 3.20.040.
D. Cost-of-Living. Cost-of-living adjustments/salary modifications may be granted by the City Council upon recommendation by the City Manager. If granted, they are generally effective July 1st of the fiscal year.
E. Pay for "acting" status or out-of-classification duties will be permitted with the approval of the City Manager.
F. Performance Pay Bonus. If granted, only regular employees will be eligible for a performance pay increase lump sum bonus. If granted, performance bonuses will be paid in a lump sum on July 1st of each year and contingent upon the employee’s performance evaluation rating, as well as city operations concerns.
G. Reevaluation/Reclassification. In the event that the salary of any position is reevaluated/reclassified, and the City Council authorizes that it be implemented, and this results in an increased salary range for the position, the employee shall retain his/her current salary within the range or assume the entry-level step of the new range, whichever is greater.
H. Pay Rates Exceeding Range Maximum. Any employee whose pay rate exceeds the maximum prescribed for his/her classification as a result of a reallocation of his/her position to a lower classification when there have been no recent, dramatic changes in assigned duties and responsibilities will not be reduced in pay. This does not apply to demotions. The employee will not be eligible for future salary increases until he/she occupies a position for which the salary range maximum is more than the pay rate he/she is currently receiving, unless such increase has approval of the City Council.
I. Classification Plan. Jobs with similar duties and responsibilities are assigned to the same salary level. The Human Resources Department conducts periodic studies of various jobs when there is an indication the employee is working above or below the established responsibilities for that position. These studies are normally initiated at the request of the department head and are contingent upon the approval of the City Manager.
J. Review of the Salary Plan. The Human Resources Department shall be responsible for the review and administration of the city’s compensation plan. This will include an analysis of prevailing rates of pay for similar positions in comparable labor markets, organizations, cost-of-living factors, budgetary considerations and other related factors. On the basis of this information, the Human Resources Director shall recommend to the City Council changes to keep the plan current, internally consistent and responsive to market forces. Such changes shall be approved by the City Manager and shall then be submitted in the annual budget to the City Council. (Ord. 1129 (part), 2010; Ord. 1025, 2007; Ord. 883, 2002; Ord. 860, 2001; Ord. 859, 2001; Ord. 670 § 1(404), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 08/02/2001; Manual, Amended, 07/23/2001)
3.16.050 Work Period
A. Purpose. To establish a seven (7) day work period for purposes of the Federal Fair Labor Standards Act (FLSA), effective April 15, 1986.
B. Statement of Policy.
1. The work period for all city employees shall be a seven (7) day period beginning on Monday at 12:01 a.m. and continuing to Sunday at 12:00 a.m. (midnight). (Ord. 883, 2002; Ord. 670 § 1(405), 1995)
(Manual, Amended, 04/29/2002; Manual, Amended, 04/25/2002)
3.16.060 Working Hours
A. Purpose: to establish a policy setting uniform hours of work for employees. The standardization of working hours is necessary to provide:
1. Continuity in access by and service to the citizenry;
2. Facilitation of teamwork;
3. Facilitation of supervisory assistance.
The hours of employment shall be forty (40) hours in five (5) or fewer consecutive days for non-management employees.
Departments shall schedule and maintain standard working hours for employees in order to ensure that each department is adequately staffed to provide for the most beneficial service to the public.
B. Flex Time. Occasions may arise when service to the citizens can be improved through the adjustment of an employee’s work hours. The department head may approve adjustment in work hours. Lunch periods shall be scheduled at the discretion of the department. The lunch period will ordinarily last one hour; however, by mutual consent between employees and department head, lunch period may be reduced to one-half (1/2) hour.
Individual requests for adjustment of working hours for personal reasons must be evaluated in light of the effect on the criteria enumerated in subsection A of this section.
C. Lunch Periods. Lunch periods shall be scheduled at the discretion of the department. The lunch period will ordinarily last one (1) hour; however, by mutual consent between employees and the department head, lunch period may be reduced to one-half (1/2) hour. All employees are required to take their lunch breaks, and lunch breaks must be at least one-half (1/2) hour in duration.
D. Shift schedules are determined by staffing requirements. If it is necessary to change a work schedule, affected employees will receive as much advance notice as possible.
E. The employee must be at his/her work station ready and willing to start work at the beginning of the assigned shift. An employee is expected to remain at his/her assigned work station until the end of the scheduled shift (excluding breaks and lunch period). No work shall be done before starting time or after quitting time unless approved by the immediate supervisor.
F. Advance notice of anticipated absence or tardiness is expected; notice of unavoidable absence or tardiness is expected when possible. Failure to do so will be construed as an unexcused absence, and the day missed will not be paid to non-exempt employees. Tardiness must be made up during the pay period in which it occurs. Notification by another employee, friend or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification.
G. Daily attendance records will be maintained by each department, including date and time absent and reason for absence. With the exception of absences excused pursuant to an employee’s rights under federal or state law, attendance shall be a consideration in determining promotions, transfers, satisfactory completion of probationary periods and continued employment with the city. Frequent tardiness or other attendance irregularities not excused pursuant to an employee’s rights under federal or state law shall be cause for disciplinary action in accordance with Section 3.20.100.
H. Hours for part-time and certain employees may vary from the normal office hours noted above due to the nature of their duties and will be determined by the appropriate department head. (Ord. 883, 2002; Ord. 670 § 1(406), 1995)
(Manual, Amended, 04/25/2002)
3.16.070 On-Call/Stand By Pay
Only those employees designated by their department head as required to perform on-call/stand by duty shall be compensated as follows:
1. On-call time shall start with a phone call, or other form of contact, and the employee must leave his/her off-site location to resolve the problem. Time, for pay purposes, ends upon the employee’s return to home.
2. Time is counted in 0.25 hour (or 1/4 hour) increments after the first two (2) hours.
3. One hour per day at time and one-half rate shall be paid to employees who are on-call and on the roster. Additional employees (not on the roster), who may be called out to assist, will be paid according to the overtime pay rules in Section 3.16.080 of the Winslow Municipal Code, except that they will be paid a minimum of one (1) hour at time and one-half rate.
4. Employees on the on-call roster shall receive a minimum of two (2) hours at time and one-half rate when called out. Two (2) or more calls within the same two (2) hour period shall count as one (1) call. Refer to Item #2 for payment of hours exceeding the two (2) hour time period. (Ord. 824; Ord. 719 § 1, 1996: Ord. 670 § 1(407), 1995)
(Manual, Amended, 05/30/2000)
3.16.080 Overtime and Compensatory Time
A. Purpose: to establish policy guidelines for the recording, utilization and auditing of overtime and compensatory time performed by employees of the city.
B. All rules associated with overtime will be in accordance with the Fair Labor Standards Act as amended. Any provisions of this policy that do not meet the standards as outlined in this act may be a grievable circumstance under the grievance procedures as outlined in Section 3.20.120.
C. Under the provisions of the FLSA, compensatory time may be agreed upon by the employer and the individual employee at the request of the employee before the overtime work is performed, but may not be imposed by the employer in lieu of overtime pay upon any nonexempt employee who has not requested such compensatory time off.
D. A nonexempt employee who performs authorized work in excess of forty (40) hours in a week shall be compensated for such overtime either at the rate of one and one-half (1-1/2) times his/her regular rate of pay or with compensatory time off at the overtime rate. Those hours actually worked and holiday time off will be used for calculating the forty (40) hours. All other leave types will not count toward the forty (40) hours.
1. Overtime shall be calculated to the nearest one-quarter hour of overtime worked.
2. All overtime must be authorized in advance by the appropriate department, unless an emergency situation exists.
3. Certain job classes shall be exempt from the above overtime provisions based on FLSA exemptions.
E. The city’s responsibility for payment of overtime and the granting of compensatory time is as follows:
1. The city is not obligated by statute to grant all employee requests for compensatory time off instead of overtime pay.
2. The city is required to compensate overtime at the rate of one and one-half (1-1/2) for hours worked in excess of the number of hours allowed per work week as designated under the Fair Labor Standards Act.
3. Upon request of the employee, the city may grant compensatory time off in lieu of overtime at its discretion at the rate of one and one-half (1-1/2).
4. Compensatory time off may be accumulated to a maximum of forty (40) hours to be used, upon mutual agreement, by the end of the fiscal year. Unused accumulated hours which have not been utilized within this time frame will be paid to the employee at the end of the fiscal year.
F. A nonexempt 207(K) (i.e., Policy and Fire) employee who performs authorized work in excess of the established work schedule (see Section 405, B.) shall be compensated for such overtime either at the rate of one and one-half (1-1/2) times his/her regular rate of pay or with compensatory time off at the overtime rate. The provisions of subsections (D)(1) through (3) of this section shall apply. (FLSA overtime levels for 207(K) employees is variable up to a twenty-eight (28) day period).
G. Responsibilities.
1. Department Heads.
a. It shall be the responsibility of each department head to appropriately administer the provisions of this policy within his/her respective department.
b. Department heads are the authorized authority for the approval of overtime requests. It shall be the responsibility of the department head to determine whether overtime or compensatory time is granted to the employee when compensatory time is requested in lieu of overtime by the employee.
c. Department heads shall ensure that all overtime and compensatory time earned and used is recorded on the employee’s time card as it occurs.
d. Department heads will exercise extreme discretion in the utilization of overtime within their departments. Temporary adjustments in working hours or realignment of duties within the department should be considered as alternatives to the use of overtime. Overtime shall be considered necessary in emergency situations, wherein additional effort is needed to complete a task which is critical in nature or other circumstances that are deemed relevant, with proper justification by the immediate supervisor.
2. Individual Employee. It is the responsibility of the individual employee to request compensatory time in lieu of overtime if so desired. Additionally, it is the responsibility of the employee to ensure that accrued compensatory time is used within the time limitation set forth by this policy.
3. Human Resources Department.
a. The Human Resources Department shall ensure that a permanent record of overtime/compensatory time accrued and used is kept on all employees based on information provided by department heads and that the proper financial adjustments are completed at the end of each pay period.
b. Upon termination, the Human Resources Director shall ensure that eligible employees are given credit for all overtime accrued and all unused compensatory time is within the limitations established by this policy.
c. The Human Resources Department shall conduct a semi-annual audit of the overtime/compensatory time record of each employee through a comparison of payroll office records and individual departmental records.
d. If an employee inquires about his/her accrued sick, vacation, overtime or compensatory time, the Human Resources Department shall provide this information within seventy-two (72) hours. (Ord. 1024, 2007; Ord. 954, 2004; Ord. 883, 2002; Ord. 800, 1999; Ord. 670 § 1(408), 1995)
(Manual, Amended, 11/23/2004; Manual, Amended, 04/25/2002; Manual, Amended, 03/02/2000)
3.16.090 Rest Breaks
A. Rest breaks may be granted at the department head’s discretion as a principle of sound personnel management. If a department grants rest breaks, the following procedures are to be followed:
1. Regular employees who work at least eight (8) hours in a day shall be allowed two (2) fifteen (15) minute rest periods per day or shift. All rest periods will be scheduled by the department head so that work areas are covered at all times during normal working hours. Rest periods are counted as time worked and cannot be combined or "banked." Examples of such prohibited banking would be:
a. Skipping a scheduled break period(s) to make up for coming to work late or coming into work late reasoning that they used their break period(s) at the start of the day;
b. Leaving work early because they did not take a scheduled break period(s);
c. Adding unused break period(s) to their scheduled lunch period and leaving for lunch early or returning late;
d. Receiving overtime or compensatory time because employee did not take his/her scheduled break period(s);
e. Combining break period(s) with other forms of leave (taking forty-five (45) minutes of sick leave and using fifteen (15) minutes of break time instead of one (1) hour sick leave);
f. Or in any other way of "banking" their scheduled break period(s) for later use.
B. Break Period Schedule.
1. If break periods are authorized, they would normally be scheduled after the first two (2) hours of work and after the sixth hour of work in each work day.
2. Department heads may rescind or adjust established rest periods without prior notice as may be deemed necessary. (Ord. 670 § 1(409), 1995)
3.16.100 Holiday Pay
A. If the holiday falls on an employee’s regularly scheduled work day and he/she does not work, he/she will receive his regular wages for the holiday taken.
B. If the holiday falls on an employee’s regularly scheduled work day and he/she does work, he/she will receive his regular wages for the holiday plus time and one-half for the actual hours worked.
C. If the holiday falls on an employee’s regularly scheduled day off and he/she does not work, he/she shall be allowed to take another day off with pay for the holiday not taken.
D. If the holiday falls on an employee’s regularly scheduled day off and he/she does work, he/she will receive time and one-half for the actual hours worked only and shall be allowed to take off another day with pay for the holiday missed.
E. Exceptions.
1. No employee who is on suspension or unpaid leave of absence on either the regularly, scheduled work day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for the holiday or day observed in lieu of the holiday.
2. Temporary employees are not paid for holidays unless actually worked. (Ord. 670 § 1(410), 1995)