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HomeMy WebLinkAboutVII (H) First Reading: Ordinance No. 99-32, amending Personnel Rules and Regulations Agenda 9-21-99 1\ J Item VII H PE GY NS E AKIS DIRECTOR \\ // HUMAN RESOURCES DIRE 150 R.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656.2322•PAX(407)656-85114 TO: THE HONORABLE S. SCOTT VANDERGRIFT MEMBERS OF THE CITY COMMISSION FROM: DEBBIE MCDONALD,ACTING HR DIRECTOR Iy DATE: SEPTEMBER 17, 1999 SUBJECT: REVISION TO SECTION 12.08 TEMPORARY ASSIGNMENT PAY At this time we are respectfully requesting acceptance of Ordinance No. 99-12 revising Section 12.08 Temporary Assignment Pay. We have revised this section to co-inside with the IAFF Contract. This section has also been modified for the benefit of the General Employees. For the purpose of understanding what has been revised or added, the following format has been submitted: That which has been added has been underlined and CC: City Manager City Clerk THE PRIDE OF WEST ORANGE l3 FOLEY & LARDNER CHICAGO ROST OFFICE BOX 2193 SACRAMENTO DENVER ORLANDO. FLORIDA 32502-2193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 32001-2386 TALLAHASSEE MADISON TELEPHONE. (4071 423-7656 TAMPA MILWAUKEE FACSIMILE. 1407)695-1793 WASHINGTON. D.O. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 299-3295 EMAIL ADDRESS CLIENT/MATTER NUMBER c N@ soonsoroLEVUw.CON 020377-0I07 MEMORANDUM TO: Peggy Psaledakis, H.R. Director FROM: Scott A. Cookson, Esq., Assistant City Attorney G\1 THROUGH: Paul E. Rosenthal, Esq., City Attorney ..-. DATE: September 14, 1999 RE: Change to Ordinance No. 99-12 Attached please find an Ordinance amending Section 12.08 of the City of Ocoee Personnel Rules and Regulations as adopted by Ordinance No. 99-12. It is my understanding that you will see that this item is placed on the agenda for the next City Commission Meeting. Please do not hesitate to contact me should you have any questions. 006.153688.1 ORDINANCE NO. 99-32 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING ORDINANCE NO. 99-12 BY AMENDING SECTION 12.08 OF THE CITY OF OCOEE PERSONNEL RULES AND REGULATIONS RELATING TO TEMPORARY ASSIGNMENT PAY; PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend that section of the City of Ocoee Personnel Rules and Regulations relating to Temporary Assignment Pay. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Section 12.08 relating to Temporary Assignment Pay. Section 12.08 of the City of Ocoee Personnel Rules and Regulations as adopted by Ordinance No. 99-12 is hereby amended as follows: 12.08 Temporary Assignment Pay When an employee is temporarily assigned to a position in a higher pay grade, the employee shall receive a minimum increase of five percent (5%) or entry level into the pay range of the temporary assignment, whichever is greater. The temporary assignment must be for a minimum period of two (2) consecutive seven consecutive working days or five (5) three (3) consecutive shifts for Fire Department employees in order to qualify for the higher pay, and once the threshold is met the employee shall be paid from the first hour of 006.152881.1 work in the position. In the case of all other temporary assignments, the employee shall continue to receive his/her regular rate of pay. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) FOR USE AND RELIANCE ADVERTISED , 1999 ONLY BYTHE CITY OF READ FIRST TIME , 1999 OCOEE, FLORIDA; APPROVED READ SECOND TIME AND ADOPTED AS TO FORM AND LEGALITY ,1999 this day of , 1999. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 2- 006.152881.1 SECTION 12 PAY PLAN & STARTING RATES 12.01 Purpose The Pay Plan, which is directly related to the Position Classification Plan, is the basis of compensation for employees and is designed to attempt to reflect: A. Relative difficulty and responsibility between jobs. B. Competitive rates of pay for similar types of work in public employment in the labor market where the City recruits for employees. C. Economic conditions of the job market area. D. Economic conditions of and funds available to the City. E. Financial policies of the City. F. Other business and operational considerations. 12.02 Content A. The Pay Plan includes a Salary Schedule for each job classification or title in the Position Classification Plan as adopted by the City Commission. B. The Pay Plan Salary Schedule includes pay ranges for each pay grade. 12.03 Administration ._ A. The City Manager shall be responsible for the administration of the Pay Plan. B. Amendments to the Play Plan may be recommended by the City Manager for any good reason, including but not limited to a reclassification, change in a job description, to attract qualified applicants, to provide competitive rates of pay, or for other pertinent economic, business or operational considerations. 12.04 Starting Rates A. The minimum salary established for a job classification or title is the normal starting rate for a new employee. Adopted: 03-02-99 44 Revised: B. Starting rates that are above the minimum salary may be authorized by the City Manager if the selectee's training, experience, or other qualifications are substantially above the minimum required for the position, or for other legitimate economic or operational reasons. 12.05 Performance Salary Increases A. Employees receive a formal Job Performance Evaluation each year based on their performance review date. B. During the budgetary process, the City Commission will determine whether employees will be eligible for a merit increase in conjunction with their annual Job Performance Evaluation, and, if so, what the eligibility requirements will be and the formula for determining the amount of the wage increase. C. In the past, when the City Commission has approved merit increases, the City Commission has generally restricted merit increases to employees with an overall evaluation of "above operational" or better, and employees should keep this in mind in attempting to ensure they are eligible for performance wage increases should the City Commission approve same. D. In the event that an employee receives two (2) or more written warnings or any suspension during the performance evaluation period, the employee shall not be eligible for a merit increase regardless of whether the employee has an overall evaluation of"above operational"or better. 12.06 Pay Upon Promotion Upon promotion, the employee will receive the entry level for the pay grade into which he/she is promoted, or five percent (5%) above—his/her rate before the promotion, whichever is greater. All increases are subject to budgetary constraints. 12.07 Pay Upon Demotion Upon demotion, the employee's pay shall be set within the range of the pay grade of the job into which he/she is demoted, but his/her pay rate shall be at the same level in the range of the pay grade to which he/she is demoted as he/she held in the range of the pay grade from which he/she was demoted. 12.08 Temporary Assignment Pay When an employee is temporarily assigned to a position in a higher pay grade, the employee shall receive a minimum increase of five percent (5%) or entry level into the Adopted: 03-02-99 45 Revised: pay range of the temporary assignment, whichever is greater. The temporary assignment must be for a minimum period of 1..., (2) consecutive weeks (10 consecutive working days) seven consecutive working days or five (5) three (3) consecutive shifts for Fire Department employees in order to qualify for the higher pay, and once the threshold is met the employee shall be paid from the first hour of work in the position. In the case of all other temporary assignments, the employee shall continue to receive his/her regular rate of pay. 12.09 Pay Upon Permanent Transfer A. When an employee is permanently transferred into another job classification within the same pay grade, neither the employee's pay nor anniversary date shall be changed. B. When an employee is permanently transferred to ajob classification in a different pay grade, a transfer into a job in a higher pay grade shall be treated as it were a promotion under Section 12.06 C. When an employee for physical reasons, supported by documentation, is permanently transferred to a job classification in a different pay grade, a transfer into a job in a lower pay grade, which is not as a result of a disciplinary demotion, the employee shall receive the same pay rate but shall not exceed the maximum in the lower pay grade. 12.10 Overtime Overtime compensation shall be paid in accordance with Section 7.03. 12.11 Standby/Pager and Standby Pay A. Standby assignment is a method of providing coverage for certain City services during off-duty hours, which includes nights, weekends, holidays, and other off- duty time. The name and number of employees on standby in each Department must be approved in advance by the City Manager. The City Manager may excuse from or disapprove of the use of a particular employee for standby for operational reasons. B. Employees assigned to standby shall carry a pager for the entire time period he/she is on standby. Exempt employees may be on Pager Assignment as directed by the Department Director but shall not receive any additional compensation. Adopted: 03-02-99 46 Revised: C. An employee on Standby may be contacted by available telephonic or electronic communications system, however, the employee still must have his/her beeper at all times the employee is on standby. D. The Department Director will seek volunteers for standby whenever possible, consistent with equitable distribution of standby assignments, from among those employees the Director determines to have the skill and ability needed for the work involved. In the event there is an insufficient number of qualified volunteers, all employees the Department Director determines are qualified to perform the work will be required to be on standby under the Departmental Policy on standby unless excused by the Director on a temporary basis because of a serious personal problem. E. In the event any employee who is on standby and fails to respond to a call to work, that employee shall forfeit standby pay, and shall be subject to disciplinary action. F. While an employee is on standby or pager assignment it does not mean the employee has to stay at home; however, it does mean that the employee must be within a reasonable response distance to the City, and the employee must respond to the beeper by phone immediately. The Department Director shall be responsible for determining appropriate response time. G. While an employee is on standby alcoholic beverages may not be consumed. The consumption of alcoholic beverages while on standby assignment may result in termination. H. The method of standby compensation shall be as follows: 1. employees shall be paid $10.00 per day for each day of standby assignment. 2. employees scheduled for standby who report off sick for work during the course of their normal work schedule shall be removed from standby for each day they report off sick and shall not receive standby pay. 3. employees on vacation shall not be allowed to be on standby assignment or pager assignment. 4. standby pay is not considered as hours worked for the purpose of overtime pay eligibility. Adopted: 03-02-99 47 Revised: 5. in the event the employee on standby is called out, the employee will be paid in accordance with Section 7.06 in addition to the $10.00 standby _ pay. I. Employees on standby may, with prior approval of the Department Director, arrange a substitute for the entire period of the standby assignment. In the event of approval by the Department Director, the approved substitute shall receive the standby pay. J. Department Directors shall provide the Human Resource Director with a list of the employee's who actually were on standby, and those who were called in off standby along with the hours they worked. Adopted: 03-02-99 48 Revised: