ORDINANCE NO. 051043
Amending Article VIII of the
Administrative Code of Kansas City, Missouri, relating to the Classification
and Compensation Plan, by adding policy language to Section 2-1086 addressing
the approval authority and application of compensation plans for On-Call Pay.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Article VIII of the Administrative Code of Kansas City, Missouri, is hereby
amended by repealing Section 2-1086, relating to the Classification and
Compensation Plan, and in lieu thereof the following section is hereby enacted:
Sec. 2-1086. Interpretation
and application of compensation plan.
(a) Rates. All
rates prescribed in the grades of pay for city officers and employees represent
the total remuneration, including pay in every form authorized for full-time
employment except as otherwise set forth in this Section. Where employment in a
position is on a part-time basis, that is, where the week's work is less than
an ordinary workweek or where the day's work on a continuing basis consists of
less than the ordinary number of working hours of an ordinary working day, such
service shall be compensated on the basis of the equivalent hourly rate for
full-time employment.
(b) Equivalent
compensation. It shall be permissible, in the interest of the service, to
pay equivalent compensation on any other time basis than that specified in the
salary range; provided that, in determining the equivalent rate on a different
time basis, the relative earnings for full-time employment during a given
period of time shall be taken as determining equivalency.
(c) Minimum
and maximum rates. Under each salary schedule there is set forth a minimum
and maximum salary rate. Advancement to the maximum rate for the class shall be
made on the basis of an annual evaluation report and efficiency.
(d) Beginning
salary. Original appointment above the minimum salary rate for a class may
be made upon the approval of the department director, subject to the following
conditions:
(1) A full reference check must be made by the department and
fully documented.
(2) The applicant must exceed the educational and experience
requirements for the position as set out in the official class specifications.
(3) The department is responsible for ensuring internal equity
within that job class and among other relevant job classes and complying with
applicable employment laws.
(4) If the applicant chosen by the department director cannot be
hired in the lower fifty percent of the pay range for a class, the department
director shall refer the application to the director of human resources for a
determination.
(5) If the applicant chosen by the department director cannot be
hired in the lower seventy percent of the pay range for a class, the department
director shall refer the application to the human resources committee for a
determination.
(6) When any former employee is considered for reemployment in a
class in which he was previously employed, the department director may
authorize an appointment above the minimum salary rate of pay for the class
subject to the conditions set forth in this subsection.
(7) The department director shall keep a record of all cases of
employment above the minimum rate.
(e) Salary
advancements. If funds are available, salary increases within the
appropriate pay grade may be given on an employees pay anniversary date if the
employee has received a met overall expectations or higher evaluation rating on
the last annual employee appraisal report.
(1) Classified employees considered non-exempt under the Fair
Labor Standards Act who receive at least a meets expectations overall rating on
their employee appraisal report shall receive an increase within their salary
schedule as determined by their supervisor.
(2) Classified employees considered exempt from certain overtime
provisions of the Fair Labor Standards Act, except for fire management, who
receive at least a met overall expectations evaluation rating on their employee
appraisal report shall receive an increase within their salary schedule as
determined by their supervisor. For purposes of this section, fire management
is defined as employees in the classifications of Assistant Fire Marshal,
Hazmat Chemical Analyst, Administrative Battalion Fire Chief, and Deputy Fire
Chief.
(3) Fire Management employees who receive at least a met overall
expectations overall rating on their employee appraisal report shall receive a
one step increase within their pay grade on their pay anniversary date.
(4) Unclassified employees who receive at least a meets overall
expectations evaluation rating on their employee appraisal report shall receive
an increase within their salary schedule as determined by their supervisor.
For employees
considered non-exempt under the FLSA, an increase may be delayed not to exceed
90 calendar days from the pay anniversary date provided the department head
furnishes full justification for the action to the concerned employee and the
human resources director. Employees considered exempt under FLSA receiving an
evaluation rating of failed to meet overall expectations on their annual
employee appraisal report will not receive an increase for that year of
service. Employees receiving two consecutive overall failed to meet
expectations evaluation ratings will be recommended for termination. Salary
increases shall take effect at the beginning of the pay period nearest to the
pay anniversary date and shall constitute a new pay anniversary date.
(f) Pay
increases for exceptional service.
(1) Additional pay increases within the pay grade may be granted
to recognize exceptional service rendered by employees considered non-exempt
under FLSA and employees in fire management. The department head concerned
shall make increases for exceptional service only after written justification
and documentation has been provided to the director of human resources.
(2) Each department shall prepare specific criteria for granting
pay increases for exceptional service applicable to the department's work.
After completion of the initial probationary period all regular employees
covered by the FLSA and employees in fire management are eligible for consideration
for a pay increase to recognize exceptional service rendered. A pay increase
for exceptional service work shall not constitute a new pay anniversary date
for the employee concerned. An employee may receive only one pay increase for
exceptional service within the pay grade in any 12-month period from award.
(3) Pay increases for exceptional service may not exceed five
percent of the total average number of regular employees eligible for
exceptional services increases assigned to a department in any fiscal year,
except that in a department with less than 10 employees covered by the FLSA not
more than one exceptional service pay increase may be granted in any fiscal
year.
(4) Department heads shall maintain appropriate records to
demonstrate adherence with this subsection (f). Pay increases for exceptional
service shall be funded out of existing departmental budgets.
(g) Payments
by other agencies. In any case in which part of the compensation for
services in a position, exclusive of overtime services, is paid by another
department or division or an outside agency such as the county, the state or
the federal government, or from a different fund or account, any such payments
shall be deducted from the compensation of the employee concerned, to the end that
the total compensation paid to any employee from all sources combined, for any
period, shall not exceed the amount payable at the rate prescribed for the
class of position to which the employee is certified and assigned.
(h) Salary
decreases. A department head may reduce for cause the salary of an employee
within the pay grade prescribed for the class. In the case of a permanent
employee, notice of intention to effect a reduction in pay and the reasons for
such action shall be given to an employee and the director of human resources
not less than ten working days prior to the effective date of reduction. A
permanent status employee whose salary is reduced shall be entitled to a
hearing before the human resources board, in accordance with provisions of
section 125 of the Charter.
(i) Salary
rate upon promotion, transfer or demotion.
(1) Definition
of promotion and demotion.
A. Promotion. When an employee moves from one position to
a vacant position having a higher maximum rate.
B. Demotion. When an employee moves from one position to
a vacant position having a lower maximum rate than the position previously
vacated.
(2) In the case of promotion, the rate of pay of the promoted
employee shall be increased by 4 percent for each higher pay grade up to a
maximum of three grades totaling a 12 percent.
(3) Employees who are within six months of their next pay
anniversary date when promoted shall receive a pay increase according to the
following:
A. With a one-grade increase, the employee will receive a 6
percent increase.
B. With a two-grade increase, the employee will receive a 10
percent increase.
C. With a three-grade increase, the employee will receive a 14
percent increase.
This
shall not apply to employees in F and FME pay grades.
(4) In all cases the new rate of shall be at least the minimum
and not more than the maximum of the new pay grade.
(5) In the case of a promotion in which the employee moves from a
non-exempt position to an exempt position, the rate of pay of the promoted employee
shall be increased by 8 percent. Employees within six months of their next pay
anniversary date when promoted shall receive a 10 percent pay increase. In all
cases the new rate shall be at least the minimum and not more than the maximum
of the new pay grade.
(6) In the case of transfer, the employees pay rate will remain
unchanged at the time of transfer.
(7) In the case of demotion, the rate of the demoted employee
shall be reduced by 4 percent per grade for a maximum of three grades, totaling
12 percent. In all cases, the new rate shall be at least the minimum and not
more than the maximum of the new pay grade.
(8) In the case of demotion in which the employee moves from an
exempt position to a non-exempt position, the rate of pay of the demoted
employee shall be decreased by eight percent. In all cases, the new rate shall
be at least the minimum and not more than the maximum of the new pay grade.
(9) An employee who is demoted involuntarily shall not be
eligible for promotion or a merit increase for a period of one year from the
time of demotion.
(10) Fire Management:
A. For promotions within fire management, the rate of pay
of the promoted employee shall be increased to the minimum of the new range or
the next higher step in the new pay grade, whichever is greater. For promotions
to fire management, the rate of pay of the promoted employee shall be increased
by eight percent.
B. For transfers within fire management, the employees pay rate
will remain unchanged.
C. For demotions within fire management, the rate of pay of the
demoted employee shall be moved to the step closest to a four percent decrease
for a one grade change, an eight percent decrease for a two grade change, and a
twelve percent decrease for a three grade change. For demotions outside of fire
management, the rate of pay of the demoted employee shall be decreased by eight
percent and then moved to the step closest to an eight percent decrease.
D. The new rate shall be at least the minimum and not more than
the maximum of the new pay grade.
E. If the salary change does not place the employee on a step,
the employee will move to the next higher step except as specifically provided
otherwise in this section.
(j) Salary
rate upon promotion, transfer or demotion for employees covered under the
Memorandum of Understanding with Local 42 - International Association of Fire
Fighters and in the classifications of Field Battalion Chief and Fire
Dispatcher III. In the case of promotion, the rate of pay of the promoted
employee shall be increased to the minimum of the new range or the next higher
step in the new pay grade, whichever is greater. In the case of transfer, the
employees pay rate will remain unchanged. In the case of demotion, the rate of
pay for the demoted employee shall be moved to the step closest to a four
percent decrease for a one grade change, an eight percent decrease for a two
grade change, and a twelve percent decrease for a three grade change.
(k) Part-time
and temporary employment. Part-time or temporary employees shall be
compensated on the basis of the equivalent hourly rate paid for full-time
employment and shall be paid for only those hours which they actually work.
(l) Total
remuneration. Any salary rate established for an officer or employee shall
be the total remuneration for the officer or employee, not including
reimbursement for official travel. Except as otherwise provided in this
article, no officer or employee shall receive pay from the city in addition to
the salary authorized under the schedules provided in the pay plan for services
rendered by him, either in the discharge of his ordinary duties or any
additional duties which may be imposed upon him or which he may undertake or
volunteer to perform. Nothing contained in this subsection shall be deemed to
prohibit payments to employees pursuant to section 2-981 or payments or awards
to employees made pursuant to an approved safety incentive program of the city
manager's employee safety board, nor shall there be any prohibition to provide
for the eligibility for a top performance executive bonus program or other
incentive plans for managers as executed by the city manager.
(m) Accelerated
salary advancements. An increase in compensation, within the limits
provided in the pay grade for a class, may be granted at any time by the city
manager after a certification by the human resources director that the
accelerated increase is justified on the basis of a need to retain qualified
employees in the class. The city manager, in any given fiscal quarter, shall
not grant accelerated salary increases which raise annual wages in excess of
$20,000.00, and he shall keep a record of the increases he has granted pursuant
to this subsection.
(n) Incentive
programs. The department director, with the approval of the human resources
director, may establish incentive plans for performance and achievement levels.
These plans may include monetary awards and salary increases.
(o) On-Call Pay. A Department Director, with the
approval of the Human Resources Director, may establish an on-call incentive
pay plan for situations that require employees to remain fit-for-duty and
available to respond to emergency call-in situations in a timely manner for a
period of 24 hours, or more.
Section 2. That
this ordinance will become effective ten days after its passage.
_____________________________________________________
Approved as to form and legality:
______________________________
Lana K. Torczon
Assistant City Attorney