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19890124 1989-3ORDINANCE NO. ]989-3 AN ORDINANCE AMENDING SECTIONS 17-2, 17- 5(d), 17-6(b), 17-7(d), 17-10 (c), (e)(2)(b), (f), (i)(8), (j), 17-12(b)(1) OF ARTICLE I, CHAPTER 17 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING PERSONNEL POLICES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Sections 17-2, 17-5(d), 17-6(b), 17-7(d) , 17-10(c) , (e) (2) (b) , (f) , (i) (8) , (j), 17-12(b) (1) , Article I, Chapter 17 of the Code of the City of Fairfax are hereby amended to read in their entirety as follows: Section 17-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Anniversary date. The date which is used in determining an employee's eligibility for periodic advances in pay and leave. The date of an employee's original appointment, or more recent appointment if there has been a break in service, shall be his anniversary date for determining leave and performance merit increases. City manager's personal staff. Professional and technical staff immediately responsible to the city manager and serving at his pleasure, including the assistant to the city manager, ~s-e~ee~e-a~~-&~-&~-~he~-p~~ Demotion. Assignment of an employee from one class to another which has a lower maximum rate of pay. Department head. The following shall be referred to as department head: (a) (b) (c) Director of administration_ --&m~b~%&~-~b~y Director of finance. Fire chief. 1989-3 (d) Director of community development and planning. (e) ~e~i~-e-e~ef~. Chief of Police. (f) Director of public works. (g) Director of parks and recreation. (h) Director of transit and utilities. AnY department head may be qiven the title of Assistant .~ity Manager and the added responsibilities of such position, at the discretion of the City Manaqer. Immediate family. Relatives to include spouse, children, parents, brother, sister, grandparents, mother- or father-in-law, brother- or sister-in-law; or other relatives living within the employee's immediate home. Overtime work. Time worked by an employee during a single day in excess of the employee's normal work day or during a work period in excess of the hours of work expected in a normal work period. An employee's normal work day and normal work period shall be as more particularly defined in administrative regulations as promulgated by the city manager from time to time. Part-time employee. An individual who is regularly employed for ten (10) hours or more but less than forty (40) hours in one week and is paid on an hourly basis. Pay qrade. A level in the pay schedule with a common pay range for all classes assigned thereto. Probationary period. The one-year working test or trial period of employment beginning with the date of appointment. In the case of law enforcement officers, the probationary period shall begin when the employee is sworn as a police officer after completion of ~m~a~ recruit training. Promotion. A change in status of an employee to a new position which has a higher ~&~&~ ~ grade. Reclassification. The assignment of a higher or lower pay grade to a position or class of positions. 2 1989 -3 Temporary employee. A person employed by the city with the specific understanding that the duration of employment will not exceed one year. Fringe benefits are not provided to temporary employees and service during temporary status is not credited towards benefits if an employee then accepts a career position. Work e~. A ~e~em period of seven (7) calendar days beginning on the day of the week and at the time established by the city manager; except that for police officers and firefighters a work period shall consist of up to twenty- eight consecutive calendar days as established by the city manager through administrative regulations. Section 17-5. Appointing authority. (d) The treasurer shall appoint the ~m~&m~ deputy treasurer and other employees of that department. Section 17-6. Personnel advisory board generally. (b) The board shall be composed of three (3) persons who are not city employees appointed by the city council for three-year terms, plus up to two (2) alternates. ~-ees~e~-&~e-eh~sem? At the beginning of each fiscal year, the city council shall designate one member to serve as chairman of the board. Members shall serve without compensation. Section 17-7. Recruitment and selection. (d) Probationary period. Ail new career service employees are hired on a probationary basis for a period of one year. For police officers, the probationary period shall be deemed to begin after completion of ea~e~ recruit training 1989-3 and after the ea~e~ police recruit has been sworn as a police officer. This is a working test period in which the new employee must show that he is capable and willing to perform his job satisfactorily. During this period, the employee has no grievance rights as provided for in subsection (e) of section 17-13. After successful completion of the probationary period, the employee is entitled to the full benefits of a career service employee as provided by this chapter. Section 17-10. Employee compensation. (c) Within-grade increase. The performance evaluation serves as a basis for each step or within-grade increase. Increases within each pay grade shall normally be made after one year in pay steps ~ ~ through ~ ~; two (2) years in step~ G 7-8; and three (3) years in steps ~-&~-¥ 9-11. These increases are not automatic or guaranteed; an employee's work must be continually of a high quality and rated at least "satisfactory" or "meets standards" by his department head and the city's performance rating form in order for the employee to be eligible for a within-grade increase. The annual performance evaluation that includes within-grade increases must be made in accordance with the existing administrative regulations. (e) Promotions, reclassifications, transfers, demotions. (2) Reclassifications. (b) Upon downward reclassification of a position, an incumbent shall be placed in the pay step in the new grade equal to or closest to his current rate of pay. If, however, the incumbent is earning a greater amount than the maximum rate for the new salary grade, he shall continue to earn the same salary plus a cost 1989-3 of living increase for a period of one full year but shall not be eligible for merit increases. After this one-year period, the incumbent's salary shall revert to the salary to the same step he/she was previously in, only in the lower grade. For example, an individual in a grade 25, step ~ ~ would be placed in a grade 18, step ~ ~ . (f) Overtime Work. Employees that are subject to the overtime provisions of the Fair Labor Standards Act who perform necessary and/or assigned overtime work shall have their schedules adjusted within the same work period to compensate for the overtime work on an hour for hour basis or shall receive overtime pay, as determined by the department head. Overtime pay shall be at the rate of one and one-half (1 1/2) times the regular rate of pay. Career employees must work necessary and/or assigned overtime work as directed by their supervisor. Overtime pay may be received only for work that is done on a mandatory basis before or after regularly scheduled business hours. It cannot be earned by foregoing a lunch hour unless working through the lunch hour is required by the employee's supervisor. All overtime pay must be approved by the appropriate department head and shall normally be limited to employees in pay grade 1~ 19 and below. Department heads and the city manager's personal staff shall not be eligible to receive overtime pay except with the prior approval of the city manager. Such employees who perform necessary work beyond their normal working schedule, may, however, receive compensating time off on a limited basis and at the discretion of the city manager. 1989-3 Employees in pay grade ~8 2_~0 and above, excluding department heads, may be eligible for additional compensation based upon their regular hourly rate for significant amounts of work hours in excess of their normal work schedule as set forth in ~dministrative R~egulations. (i) Employee benefit~. (8) Flexible benefit program: Administrative feo for premium conversion. (j) Cash awards/incentive program. Employee compensation may be supplemented by cash awards for outstanding performance. The basis for such awards may be any one or more of a variety of reasons, such as continual work excellence above the call of duty; superior work in handling an event, incident or special project; an act of heroism; the contribution of an idea that has increased efficiency. Nominations for awards may be submitted by any person but such nominations should be processed through department heads to the city manager for recommended approval or disapproval of the nomination. incentive program will allow department heads to recommend employees whose sustained job performance warrants recognition for cash bonuses. The awards shall become effective upon approval by the city manager. Section 17-12. Holidays and leave. (b) Annual and sick leave. The city grants annual and sick leave as more particularly set forth hereinafter: (1) Annual leave. After a minimum of six (6) months of continuous service with the city, annual leave shall be granted full-time employees for vacations, emergencies and other 6 1989-3 personal uses. The employee will be credited with leave accumulated from the date of employment. Annual leave shall be accrued at the following rates for full-time employees: With less that three (3) years~- service, employee earns four (4) hours~- leave per pay period. After three (3) years service but with less than fifteen (15) years service, employee earns six (6) hours leave per pay period. With fifteen (15) or more years~- service, employee earns eight (8) hours~- leave per pay period. Annual leave for regular part-time employees working ten hours or more each week shall accrue on a proDortionate basis up to four (4) hours leave per pay period. Except in cases of illness or emergencies, leave must be approved in advance. The minimum leave increment is one- half (1/2) hour. Due to the hours of work in the fire and rescue services, individuals who work other than a forty-hour schedule will take leave on a prorated basis in accordance with administrative regulation 7-2 as may be amended from time to time. Each full-time employee can accrue up to two hundred and forty (240) hours~- annual leave or up to the number of hours of annual leave which that employee had accrued as of October 20, 1975, whichever is greater. This will be implemented in accordance with current administrative regulation 7-2. 1989-3 The intent of annual leave is to provide employees with adequate time for vacation from the work area and receive rest and relaxation. Each ~l--~me employee can carry over an accrued annual leave balance up to said maximum accrued annual leave from year to year during continuous service. The personnel department shall deduct annual leave in excess of said maximum annually~ effective with the first complete pay period of January each year. Upon separation or retirement, ~-~- ~me an employee with over six (6) months~- continuous service shall be paid for all accrued annual leave as defined hereinabove in the manner set forth hereinafter. Up to a maximum of two hundred and forty (240) hours~- accrued annual leave shall be paid on the basis of one hour for each hour of annual leave accrued. Accrued annual leave in excess of said maximum shall be paid on a ratio of one hour for each two (2) hours accrued, only to employees who had an excess of two hundred and forty (240) hours of annual leave as of October 20, 1975. This ordinance shall be effective upon execution by the Mayor. INTRODUCED : PUBLIC HEARING : ADOPTED : January lO, 1989 January 24, 1989 January 24, 1989 [ ci~ Clerk - -