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19900613 1990-14 ORDINANCE NO. 1990-]4 AN ORDINANCE AMENDING SECTIONS 17-2, 17-10(c) , (e) (1) (2), (f), (i) (1) (2) (9), (j), 17-12(b) (1) (2) (d) OF ARTICLE I, CHAPTER 17 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING PERSONNEL POLICIES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that sections 17-2, 17-10(c)(e)(1)(2), (f), (i)(1)(2)(9), (j) 17-12 (b)(2)(d), 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 manaqer's personal staff. Professional and technical staff immediately responsible to the city manager and serving at his pleasure, including the ~~~iiiiii~~i~iiiiii~ assistant to the city manager. 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. Director of finance. Fire chief. Director of community development and planning. 1990-14 -2 Chief of police. Director of public works. Director of parks and recreation. Director of transit and utilities. 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 manger from time to time. Part-time employee. An individual who is regularly employe~i~ii ii~iiiiiiii~iiiii!i!ii~~!i~ii for ~ ~ ten (10) hours ~r =or~ but l~ss than hourly basis. Pay grade. 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 recruit training. Promotion. A change in status of an employee to a new position which has a higher pay grade. Reclassification. The assignment of a higher or lower pay grade to a position or class of positions. 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 1990-14 employees and service during temporary status is not credited towards benefits if an employee then accepts a career position. Work period. A 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 (28) consecutive calendar days as established by the city manager through administrative regulations. (Ord. No. 1983-25, 6-28-83; Ord. No. 1984-5 1, 3-13-84; Ord. No. 1985-21, 7-9-85; Ord. No. 1986-45, 1, 10-28-86; Ord. No. 1987-22, 10-13-87; Ord. No. 1989-3, 1-24- 89) Sec. 17-10. Employee Compensation. (a) Pay plan. It shall be the responsibility of the personnel officer to review the position classification plan periodically to ascertain whether it corresponds to existing conditions in the city service and to keep the class specifications current and realistic. It is the responsibility of all department heads to inform the personnel officer of any changed conditions in their respective departments which may affect class specifications and/or the position classification plan. The personnel officer shall prepare and recommend to the city manager a pay plan in accordance with an annual review made. The city manager shall then review and recommend a pay plan to the city council. The city council shall adopt a pay plan simultaneous with the adoption of the annual budget. The city manager may adjust the pay plan during the year as necessary by a reclassification or a title change in conjunction with the continual review of revisions of class specifications and comparable salary information. The pay plan shall consist of two (2) basic parts as follows: (1) A schedule of pay grades showing a minimum and maximum rate for each grade and such intermediate steps as are deemed necessary. 1990-14 -4 (2) A list of all class titles showing the allocation of each class to the appropriate pay grade. (b) Normal entrance salary. New appointments shall normally be made at the first step of the appropriate pay grade. However, appointments may be made above the minimum rate based upon the difficulty in filling the position or exceptional qualifications, subject to prior approval by the city manager. An annual report will be submitted to the city council in January which will include all appointments made above the minimum step during each quarter. (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 1 through 6:...:.~!', two (2) years in steps ', an~ 0; '~:~:~:~:~:~':~::.~:~.:: .... --d ~--- ''~ ...... ~- -~--- 9 ~ ..... ~ ~ 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. (d) Effective date. Pay increases shall normally become effective at the beginning of the payroll period which includes the employee's anniversary date. This is exclusive of general across-the-board adjustments. (e) Promotions, reclassifications, transfers, demotions. (1) ~+~ ..... ~-- ~ ~ ~ Promo ons. ~ - l~t - 1990-14 -5 salary ........... bcl¢~ +~ ........ ~v ~b~.~ thc ................... with each A one-year probationary period 1990-14 -6 ............................................. ...,..,.....,,,...,.v.,.,,....,.,,,.,..,.,,,,.........,.,.,,,....~~...~.~~..~.~.:.:.:.:.:<.:.:.:.:~:.:.:~:~:.:.:~:.:.:.:.:.:.:~:~:+:~:~~..:.:.:.:.:~:~:~: ::.: ::::::::::::::::::::::::::::::::::::::::::: employee has been promoted and does not meet department work standards in the higher class, he may be demoted prior to the end of the probationary period to a position in a class of not less than the same pay level held prior to promotion. In such case, the employee's pay shall be restored to the rate in effect prior to the promotion as though the promotion had not been granted. (2) Reclassifications. a. Upon upward reclassification of a position, an incumbent shall receive a pay increase ~ 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 be 1990-14 -7 greater amount than the amount than the maximum rate for the new salary grade, he shall continue to earn the same salary plus a cost of living increase for a period of one full year but shall not be eligible for merit increases. After this one-year, 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 8 would be placed in a grade 18, step 8. (3) (4) Transfers. Transfers can take place within a department, between departments, between positions of the same pay range, between positions of different pay ranges, between positions of the same class or between positions of different classes. When a transfer occurs between positions of the same pay range, there will be no salary increase or decrease. If transfer occurs between departments, both department heads must agree to the transfer and sign the personnel unless such action is made by the city action form, manager. Demotions. a. An employee may be demoted at his/her own request to a position in a lower grade if it is determined that the employee is qualified to perform the duties and responsibilities of the lower classification. The salary of an employee so demoted shall be reduced by five (5) or ten (10) per cent in salary or as deemed appropriate by the city manger in accordance with his/her new classification. In no event shall the employee's new salary be above the highest step in the pay grade of his/her new classification. 1990-14 The salary of an employee demoted for disciplinary reasons shall be reduced by five (5) or ten (10) per cent in salary or as deemed appropriate by the city manager. (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 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. Employees in pay grade 20 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 administrative regulations. 1990-14 -9 (g) Premium pay. The normal pay for a position, may be supplemented in certain cases because of unusual working conditions not common to all positions in the class or for educational attainment or special skills when determined by the city manager to be in the best interest of the city with the approval of the city council. Employees who are designated to fulfill, on a temporary basis the responsibilities of a position with a higher pay classification may be awarded, at the discretion of the city manager, a temporary pay increase for such time as they occupy the "acting" position. (h) Emergency duty compensation. Employees scheduled on stand-by emergency duty shall receive compensation in accordance with administrative regulation 7-13 as it may be amended from time to time. The departments of police and fire and rescue services utilize stand-by or call-back emergency duty as the need arises. (i) Employee benefit~. Other compensation may be provided to employees in the form of employee benefits as approved by the city council. Such benefits shall include, but are not limited to, retirement, life insurance and various forms of health insurance. The city will be responsible for the funding of the following benefits for career full-time employees (1) ...... ............... h~alth -' ....... z. 75 ~ cant. 1990-14 -10 (2) Employee life insurance: 100 ~ (3) Short-te~ disability insurance: 75 per cent (4) Long-te~ disability insurance: 100 per cent (5) Accidental death and disme~e~ent insurance: 100 per (6) Educational tuition assistance in accordance with administrative regulation 7-1. (7) Employee Assistance Program; 100 per cent for full- and part-time employees. Flexible benefit program: Administrative fee for premium (8) conversion. Full-time career employees must participate in two (2) mandatory retirement systems plus social security. Employees will participate as follows with the city funding its share as adopted annually in the budget. 1990-14 -11 City retirement-General employee share one and one-half (1 1/2) per cent for employees hired on or before March 31, 1983, and one per cent for employees hired on or after April 1, 1983. City retirement-Public safety employee share five and one-half (5 1/2) per cent for employees hired on or before March 31, 1983, and three and one-half (3 1/2) per cent for employees hired on or after April 1, 1983. ~ Virginia supplemental retirement system-The city pays the entire contribution. ~4+ Social Security-All employees will contribute the percentage as established by law. ~t t ..... - ........... bencf: ts ...... ellg:ble for h~Ith~..~" ......... ~..~ ' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~::.:$:....:::.::::~::...:::....:::.:...:::.:,::~::,..:~:,. ::::::::::::::::::::::::::::: ,.:::...:::....::~ ~:....:~::.::~ ~ ~ ~::...: ~::...::~::.,.: :.:::$:.:.: ::::::::::::::::::::::::::::::::::::::: ~ ~ ~::::$::::::~ ~ ::::::::::::::::::::::: ~::.::}::::::::....:~:::.:.:::.,.::~ ~ ::::::::::::::::::::::: ~::::.:::.,,::~ :::::::~::...:: (j) Cash awards/incentive program. Employee compensation may be supplemented by cash awards for outstanding perfo~ance. The basis for such awards may be any one or more of a variety of reasons, such as continual work excellence above the 0all of duty; superior work in handling an event, incident or special projeot; an act of heroism; the contribution of an idea that has increased efficiency. Nominations for awards may be submitted by any person. n~minati~n. The incentive program will allow department heads to ~ ~~.~ employees whose sustained job perfo~ance warrants gnition for cash bonu reco ses ......................... effective upon approval b~ ~ 1990-14 -12 (Ord. No. 1983-25. 6-28-83; Ord. No. 1984-5, 2, 3-13-84; Ord. No. 1984-24, 12-18-84; Ord. No. 1985-21, 7-9-85; Ord. No. 1986-45, 10-12, 10-28-86; Ord. No. 1987-22, 10-13-87; Ord. No. 1989-3, 1-24-89) Sec. 17-12. Holidays and Leave. (a) Holidays. The following holidays shall be observed by the city: New Year's Day: January 1. Lee-Jackson-King Day: Third Monday in January. Washington's Birthday: Third Monday in February. Spring Holiday: Friday before Easter. Memorial Day: Last Monday in May. Independence Day: July 4. Labor Day: First Monday in September. Columbus Day/Yorktown Day: Second Monday in October. Thanksgiving Day: Fourth Thursday in November. Day after Thanksgiving: Fourth Friday in November. Christmas Eve: One-half day on December 24. Christmas Day: December 25. Inauguration Day: January 20 (every fourth year). The city manager may substitute another day as a holiday in lieu of one of the days listed above. Holidays falling on Saturdays or Sundays shall be taken on Fridays or Mondays respectively. All full-time employees shall receive eight (8) hours of holiday pay for each holiday except that those employees who work an average of fifty-six (56) hours per week shall receive eleven (11) hours of pay for each holiday. Hours paid for holidays shall not be counted towards hours worked for the purpose of calculating overtime. Employees scheduled to work on a holiday who take off on sick or annual leave shall be charged with such leave, and their pay 1990-14 -13 shall be calculated accordingly. Employees in regular part-time positions working ten (10) hours or more each week shall (at the discretion of the city manager) be paid for holidays in proportion to hours scheduled to be worked in the week in which a holiday falls. (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 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 than 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 (10) hours or more each week shall accrue on a proportionate 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 1990-14 -14 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 ~..A ~.._~_A-~ __~ ~ ~ ,~A~ ~....~ hours annual leave ~ ~m ...... ---- ~- -~ ~-~-=~- ~" 1975 "~'~- ~--~- ~- --~--- This will be implemented in accordance with current administrative regulation 7-2. The intent of annual leave is to provide employees with adequate time for a vacation from the work area and receive rest and relaxation. ~~~~i!!i!!!ii~~ Each 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 ~ede~e~~.~ annual leave in excess of said maximum annually, ~!!!~~~~iiiiil~i~~~ Upon separation or retirement, 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 ~"A 1990-14 -15 (2) ........ z ~=v; hours accrued annual :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: leave shall be paid on the basis of one hour for each hour of annual leave accrued. ' ...... ~ annual 1 .... -' Sick leave. Sick leave shall be accrued by full-time employees on a basis of four (4) hours for each two-week pay period, the minimum leave increment is one-half (1/2) hour. Part-time employees who work ten (10) hours or more each week shall (at the discretion of the city manager) accrue sick leave on a proportionate basis in accordance with the number of hours worked. Those working fewer than ten (10) hours each week shall not be eligible for this benefit. The minimum leave increment is one-half (1/2) hour. Sick leave may not be used at the same time an employee is on the short-term disability program. The employee may use sick leave or short-term disability insurance for nonwork-related illness/injury when eligible. It is the policy of the city to grant sick leave to employees for illness or injury of sufficient seriousness to prevent the employee's attendance for duty; or for required physical, optical or dental examination and treatments. The illness of a spous~'~i' or childre~i~!iiiii~ ~ or the need to accompany children receiving preventative medical, optical or dental treatment, may warrant the use of sick leave if approved by the department head who shall consider the needs of the 1990-14 -16 department and the seriousness of the medical situation. ~~~~~~~ii/i!~i! One to four (4) days of sick leave may be granted by the department head for a death in the immediate family of an employee. Sick leave should be granted only for the actual time the department head determines is necessary (i.e., distance of funeral, etc.). Any excess over four (4) days for a death must be used as annual leave. Sick leave is only to be used when actually warranted. When there is reason to believe sick leave is being abused, the employee's supervisor, his department head or the city manager may require the employee to obtain a licensed physician's certificate or written explanation for the period of absence, or to go to a city contract physician for examination at the expense of the city. In each case in which an employee is unable because of personal injury or illness to report to duty, it shall be his responsibility to inform, or have someone inform, his responsible supervisor prior to the time he is due at work on the initial day of his incapacity. Failure to inform the responsible supervisor, without reasonable extenuating circumstances, shall result in the absence being classified as unauthorized leave. No payment will be made for accrued sick leave upon separation of full-time employees from the city service. However, sick leave will be credited towards service for retirement in days and months (after the initial 1990-14 -17 retirement service requirement have been met); for every one hundred and seventy-three (173) hours an employees will be given one month and for every eight (8) hours, one day. (c) Educational leave. An employee may be granted educational leave for the purpose of taking courses directly related to his work. Whether or not such leave will be granted, the duration of such leave and whether such leave shall be with or without pay or with partial pay shall be at the discretion of the city manager and shall involve considerations such as work load, availability of funds, appropriateness of courses and other case- by-case considerations. In all cases where management directs employees to take education and training during regular working hours, the city will continue their salary and assume all reasonable costs. Normally, the granting of educational leave has the condition of return to work after a specified period of no more than one year and returning to the same position at the termination of leave; however, educational leave for a longer period may be granted with the condition that the city would not guarantee return to the same position but would offer the employee the first appropriate employment opportunity. (d) Disability leave. It is the intent of the city to provide for employees suffering an injury or illness directly related to and arising out of the course of employment with the city. Permanent or probationary employees who are disabled in the line of duty shall receive full pay with no charge to leave with pay accruing from the first day of disability, not to exceed six (6) calendar months. Such leave can be authorized only after the ~ ............ ~ .......... has received an em oyees' first :::::::::::::::::::::::::::::::::::::::::::::::::::: ..:::::,:::.................,,,, report of accident. A temporary employee shall be paid in accordance with the provisions of the Virginia Workers' Compensation Act. 1990-14 -18 (e) (1) (2) Administrative leave. The city manager may excuse employees from duty for short periods of time with pay and without charge to leave. Examples would be extreme weather conditions, disaster and days of national mourning or celebration. Where unusual circumstances preclude an employee from fully or satisfactorily fulfilling the duties of his position, he may be placed on administrative leave. Such leave may be with or without pay, for periods of time not to exceed ninety (90) calendar days on any single occasion and during such leave the city will continue to make its normal contributions towards the cost of any insurance program in which the employee is enrolled. (If leave is without pay, the employee will be responsible for his share of insurance contributions). Only the city manager may approve this leave and then only after consideration of the recommendation of the department head. (f) Military and civil leave. (1) Employees who are members of the organized reserve forces of any of the armed services of the United States, national guard or naval militia shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave or efficiency rating, on all days during which they are engaged in federally funded military training duty, or when called forth by the governor pursuant to state law. There shall be no loss of pay during such leaves of absence, except that paid leaves of absence for federally funded military training duty shall not exceed fifteen (15) workdays per 1990-14 -]9 federal fiscal year. When relieved from such duty, such employees shall be restored to positions held by them when ordered to duty. In accordance with federal law, 38 U.S.C. P 2021, et seq., any career service employee with permanent status who joined or is drafted into active service in the military forces of the United States shall be placed on military leave, without pay, and shall be entitled to be restored to the same position vacated, provided application is made to the director of personnel officer within ninety (90) days after an honorable discharge, and further provided that such employee is still qualified to perform the duties of the position. (2) Employees desiring to vote in an election for national, state or local office shall be granted time off for a reasonable amount of time at the beginning or end of their regularly scheduled work day, not to exceed (2) hours. (3) Employees will be granted leave for any absence necessary for serving on a jury or attending court as a witness under subpoena. The city will supplement the compensation paid for performing jury duty to assure that its employees receive no less than their normal rate of pay. (g) Leave without Day. An employee may be granted leave without pay for a period of up to one week at the discretion of the appropriate department head. An employee may be granted leave without pay by the city manager for a period in excess of one week but not to exceed one year. An employee on leave without pay during a portion of a pay period shall earn leave with pay in proportion to the time worked during the pay period calculated to 1990-14 -20 the nearest hour. Leave without pay shall only be granted after an employee's leave balances of compensatory, annual and/or sick leave, as appropriate, have been reduced to zero. Leave without pay shall be granted only when it is in the best interest of the city to do so. The interest of the employee shall be considered when he has shown by his record to be of more than average value to the city and when it is desireable to retain the employee even at some sacrifice. At the expiration of leave without pay, the employee shall be reinstated in the position he vacated or in any other vacant position in the same class. Credit toward annual and sick leave shall not be earned during leave without pay, nor shall an employee be paid for holidays while on leave without pay. If leave without pay holiday, there will be no granted for the holiday. immediately follows or precedes a compensation or compensatory leave A leave without pay shall not constitute a break in service, unless it exceeds thirty (30) consecutive regularly scheduled working days. At that point, a break in service shall occur for service time credit for retirement purposes, for qualification for benefits of life insurance and for performance evaluation purposes. If the break in service exceeds thirty (30) days and is during the probationary period, the probationary period will be extended for the same period of time as was the break in service. Failure on the part of the employee to report to work at the expiration of leave without pay may be cause for dismissal. (h) Unauthorized leave. An employee who is absent from duty without approval shall receive no pay for the duration of the absence and shall be subject to disciplinary action. In the absence of disciplinary action, an employee who is on unauthorized leave for three (3) consecutive days shall be separated from the payroll. 1990~14 However, the employee shall be reinstated if there were extenuating circumstances which made it impossible for him to notify his supervisor in regard to his absence. An employee on unauthorized leave shall not earn leave for the pay period in which such leave occurs. (i) Maternity leave. An employee may request leave for her pregnancy or childbirth on the same terms and conditions as for other temporary illness. Employees may use sick leave, annual leave, compensatory leave or leave without pay during periods of maternity. Employees covered by short-termaccident and sickness insurance may also utilize it for maternity. Only that period of absence during which the employee is certified by a physician to be disabled immediately prior to and following delivery may be charged to sick leave. Employees will be required to provide a physicians certification and must return to work in accordance with physician's certification unless other leave has been approved. Approval must be received from the department head to extend leave beyond that authorized by the physician. (Ord. No. 1983-25, 6-28-83; Ord. No. 1984-5, 3, 3-13-84; Ord. No. 1985-21, 7-9-85; Ord. No. 1986-45, 13-20, 10- 28-86; Ord. No. 1989-3, 1-24-89) Introduced: Public hearing: Adopted: May 22? 1990 June 13~ 1990 June 13, 1990 ATTEST: cit Cl k