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HomeMy Public PortalAbout2001_12_11_O26 Amending the Personnel ManualThe Town of Leesburg, lrglnla PRESENTED December 11, 2001 ORDINANCE NO. 2001-O-26 ADOPTED December 11, 2001 AN ORDINANCE: AMENDING SECTIONS 12.1-2, 12.1-15, 12.1-17, 12.1-35 AND 12.1-36 OF THE TOWN CODE AND PERSONNEL MANUAL WHEREAS, the Human Resoumes Department recommend changes to the Town Code and Personnel Manual; and WHEREAS, the Town Council voted on June 26, 2001 to approve the final draft of the implementation plan for the April 2001 Hendricks compensation study; and WHEREAS, the implementation plan included changing the 36-hour workweek to a 37.5- hour workweek. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 12.1, Article 1, General Scope and Application, is hereby amended as follows: Sec. 12.1-2. Def'mifions Where used within the context of these rules, the following words and terms shall have the meaning indicated below: (a) Classified employee--An employee whose position is listed in the classification plan. (b) Classification plan--The formal method used to identify and group positions of employment based on duties and responsibilities. (c)Classified service--Collective term used to describe all positions listed in the classification plan. (d) Compensation plan--The formal method used to identify and uniformly establish the amount of pay for all positions within the classified service. -2- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (e) (f) (g) (h) (i) 0) (k) (1) (m) (n) (o) Compensatory time--Additional time off given an employee who has worked in excess of regular hours during a given payroll period, in lieu of paid overtime compensation. Demotion--The change of an employee from a position in one class to a position in another class having a lower pay grade and requiring performance of less responsible duties. Department Heads--Collective terms that refer to the Director of Finance, Chief of Police, Director of Parks and Recreation, Director of Planning, Zoning and Development, Director of Engineering and Public Works, Director of Utilities, Director of Information Technology, Economic Development Director, Human Resources Director and Airport Director, and other such similar positions as shall be established by the Town Council. Director of Finance--The Director of Finance for the Town of Leesburg. Designated Appointee--The employee identified by the Town Manager or other officer authorized to act on their behalf. Eligible register--A list of individual applications for each position within the town compiled on a continuing basis by the Personnel Director, which meet the minimum qualifications for employment for a particular position. Full-time Employee--A non-seasonal employee whose regular workweek equals or exceeds 36 37.5 hours. Grievance--A grievance shall be a complaint or dispute by an employee relating to his or her employment. Grievance Panel--A panel of three members selected in accordance with Article 21 of these rules to hear specific grievances regarding the application, meaning and interpretation of these rules. Layoff--The temporary or permanent reduction in work force caused by lack of funds or work. Officer-Exempt executive positions including Deputy or Assistant Town Managers, Department Heads and other exempt positions as determined by the Town Manager. -3- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (p) Part-time employee--A non-seasonal employee whose regular work week is less than 36 37.5 hours. (q) Pay grade--The numerical designation of a fixed salary range assigned to a position class or group of classes. (r) Human Resources/Personnel Director--The department head or officer selected by the Town Manager to assume the additional duties of HR/Personnel Director as provided by these rules. (s) Regular Part-time--A part-time employee whose regular work schedule is 1040 or more hours per year. (t) Position specification--A written description of the general duties, distinguishing features, examples of tasks, and minimum requirements assigned to a particular position as a basis for classification. (u) Probationary period--The one year period given to a new or promoted employee to demonstrate that he/she can perform the duties of the position in a satisfactory manner. (v) Regular employee--An employee in the classified service who has successfully completed the required probationary period. (w) Regular service--Collective term used to describe classified town employees who have completed the required probationary period and whose positions are govemed by the merit principal. (x) Temporary Part-time - A regular part-time employee whose regular schedule is less than 1040 hours per year. (Y) Seasonal employee--An employee whose continuous employment does not exceed six months during any one-year period. (z) Town--The Town of Leesburg in Virginia. (aa) Town Manager--The Town Manager of Leesburg, Virginia. SECTION II. Chapter 12.1, Article 5, Compensation Plan, follows: Sec. 12.1-15. Administration of Compensation Plan is hereby amended as -4- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (a) The rates of pay established in the Compensation Plan are gross annual compensation for full-time service in the various classifications. The regular hours of work for full-time service are established as 36 37.5 hours per week for office personnel and 40 hours per week for field personnel. Office personnel shall include employees in the executive-managerial group, professional group and the administrative-clerical occupational group. Field personnel include law enforcement, technical, construction and supervisory occupational groups. The Town Manager shall determine the proper inclusion of positions within the office personnel group or field personnel group. (b) Employees' hourly rates shall be determined from the compensation plan based upon the number of regular hours of work per week assigned the position using a 52 week year. The hourly rate of pay for employees appointed on a part-time basis shall reflect, when practicable, the hourly rate determined for the applicable pay grade for the position based on the hours worked. (c) The Town Manager shall include in the proposed fiscal year budget any recommended changes to the compensation plan for consideration by the Town Council. (d) Deductions from employees gross pay to cover federal and state income taxes, contributions for social security (FICA), hospitalization insurance premiums, credit union and deferred compensation and other Council approved deductions are authorized. (e) Compensation shall be payable in appropriate installments on a bi- weekly basis. Sec. 12.1-17. Pay Determination (a) Entrance Pay. The entrance pay rate for new employees shall normally be fixed at the minimum rates within the pay ranges provided for the position, except that compensation of employees with exceptional qualifications beyond the minimum required, may be fixed at higher amounts within the respective ranges when there are no qualified candidates at the entrance rate. No appointment shall be made above the minimum where equally qualified town employees earn less or equally qualified applicants are available at a lower starting rate. No employee shall receive an entrance pay rate -5- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (b) (c) below the minimum pay rate prescribed for the class to which he/she is appointed. Ingrade Service Increments. Classified service employees appointed after the adoption of these rules or employees who have not completed twelve months of town service shall be eligible for service increments upon completion of twelve months of acceptable service from the date of their appointment. Service increments shall be within the amount fixed for applicable employees next increase within the employee's class. After twelve months of service, regular employees shall be eligible for service increments on July 1 of each year. Notwithstanding the above, in no instance shall eligibility for service increments occur at less than three month intervals. (1) No service increment shall be granted above the maximum rate prescribed for the pay grade by the compensation plan, with the exception of a justified and approved pay increase that would put an individual above the maximum provided this increase is included in the approved budget, and does not exceed 5%. (2) Service increments shall not be granted automatically, but will be based on satisfactory work performance. Employees shall receive service increments upon the recommendation of the appropriate department head in an amount within the assigned pay grade. The Town Manager may approve, deny or adjust such service increment recommendations received from department heads. The amounts approved shall be within the maximum amount appropriated for that purpose in the current fiscal year budget. (3) Not more than one each, full service increment may be granted to an employee during any fiscal year or twelve month period except as otherwise provided herein. (4) Employees who receive less than a three percent service increment may be eligible for an additional service increase of up to the remaining balance in the employee's step, after six months has elapsed from the unsatisfactory evaluation. Performance Bonuses. Employees are eligible for annual performance bonuses based on exceptional and outstanding work performance. The awards shall be made in consultation with the Council. Procedures for awarding performance bonus shall be detailed in an Administrative Regulation. -6- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (d) Other pay rate adjustments. The following personnel actions shall also affect the pay status of an employee: (1) Promotion. When an employee is promoted from one class to another having a higher pay range, he/she shall receive an increase of not less than two percent. Promotions do not affect an employee's eligibility for service increments. (2) Demotion. When an employee is demoted for cause from one class to another having a lower pay range, he/she shall be placed within a lower pay range, which provides at least a two percent reduction in pay. When an employee is demoted for administrative purposes through no fault of the employee, his/her pay shall continue at his/her current rate of pay. (3) Layoff. When an employee, following layoff, is re-employed in the same class in which he/she was laid off, he may be placed in the same pay he/she occupied at the time of layoff. When an employee is re-employed in a class having a lower pay range, his/her rate of pay shall be the same as that he received at the time of layoff, provided that the pay rate is within the range of a lower class; otherwise, his/her rate of pay should be reduced to the maximum of the pay range in the lower class. Any employee re-employed under the provisions of these rules shall receive credit for previous service for the purposes of pay and benefits. (4) Reinstatement. An employee who resigns in good standing and is reinstated within one year from the date of resignation, may be placed in the same pay within the class from which he resigned, or such other pay in a lower class which equals or exceeds his/her previous rate of pay. Vacation leave accrual rates shall be based on prior years of service. (5) Position Reclassification. When an employee's position is reclassified to a higher grade within the classification plan, he/she shall be placed in the minimum step within the class, which equals or exceeds his/her previous rate of pay. The employee may receive a percentage increase in certain situations when approved by the Town Manager. (6) Certification/Licensing. When an employee receives a professional certification or license from an accredited college or university, professional society or organization, -7- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (e) which is required by or enhances the employee's job, he/she may receive a percentage pay increase when approved by the town manager. (i) Employees who receive a professional certification or license from an accredited college or university, professional society or organization as a requirement of their position with the town shall receive a percentage pay increase upon their receipt of the certification or license, said increase to become effective on the first pay period following the employees presentation of the valid certification or license to the town. (ii) Employees who voluntarily pursue and receive a professional certification or license from an accredited college or university, professional society or organization, which certification or license is not a requirement of their position with the town and which (in the town manager's sole discretion) enhances or has the potential to enhance the employee's qualifications, work performance or contribution to the town, may receive a percentage pay increase. The amount of any such increase shall be determined by the town and must be approved by the town manager, and any approved increase will become effective on the first pay period following the town manager's approval of the increase. Overtime. (1) As a matter of policy, the town resists working overtime and strives to provide adequate staff to handle normal operations. However, employees may be required to work overtime, at the discretion of the supervisor, to resolve operating emergencies; to handle peak workloads; to meet temporary conditions where the town is unable to secure qualified personnel to fill authorized positions; or on other occasions as deemed necessary in the judgment of the responsible supervisor. (2) The town has determined that various executive, administrative, and professional employees are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The list of these classes is maintained by the Personnel Office. -8- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL (3) (4) (5) (6) All non-exempt employees shall receive overtime pay for the time worked (calculated to the nearest 15 minutes) in excess of 40 hours per week during any payroll period. Overtime pay and compensatory time shall be at the rate of one and one-half times regular pay. Compensatory time, for those non-exempt employees on a 36 37.5 hour per week schedule, can and shall be earned at the rate of one hour for each overtime hour worked up to 40 hours. All hours above 40 hours shall be compensated at one and one-half times regular pay. All compensatory time must be used within the same pay period. For purposes of determining overtime, time spent on authorized paid leave shall be computed as time worked. Notwithstanding the above, employees on paid vacation or sick leave required to report to work during their regular hours, shall have the time worked deducted from the vacation or sick leave previously authorized. All non-exempt employees called back to work site outside their regular work hours shall receive compensation for at least one hour's work. The town reserves the right to offer exempt employees compensatory time off in lieu of payment for overtime hours worked, consistent with the provisions of the FLSA. Compensatory time off must have the approval of the supervisor, with the concurrence of the Town Manager. Employees will be allowed to accumulate compensatory time off up to a maximum of forty (40) hours. Once the forty-hour cap is reached, any additional overtime worked will be paid at time and one-half. Regular compensation for officers includes amounts for overtime in performance of duties in excess of the regular work week, which may include attendance at meetings of the town boards and commissions, emergencies, and other job related activities. Officers are not eligible for overtime pay or compensatory time as provided in this article. Such personnel are permitted when authorized by the manager, to take the time from regular work hours when needed for personal affairs without deducting said time from vacation leave, so long as such time does not adversely affect the performance of the department bead's duties and AN ORDINANCE: -9- AMENDING THE PERSONNEL MANUAL responsibilities. This section does not apply to personal illnesses. SECTION III. Chapter 12.1, Article 13, Leave Policies, is hereby amended as follows: Sec. 12.1-35. Vacation Leave (a) Each full-time regular employee in the service of the town shall be credited with vacation leave after it is earned at the following rates: less than two years 12 days 2 years 13 days 3 years 14 days 4 years 15 days 5 through 9 years 18 days 10 through 14 years 21 days 15 through 19 years 24 days 20 years plus 26 days Regular Part-time employees shall be eligible to accrue vacation and sick leave benefits on the same accrual_basis for full-time employees but in an amount proportionate to the ratio of scheduled hours of work per week to the standard workweek. Employees working a regular 40-hour week (80-hour payroll period) shall use leave based on an 8-hour day. Employees working a 36 37.5 hour week (7:3 75 hour payroll period) shall use leave based on a 7.2 7.5 hour day. Part-time employees working a 20-hour week (40-hour payroll period) or more shall use leave based on a 4-hour day. (b) New employees shall begin accruing sick and vacation leave during the first full two-week payroll period worked. (c) All requests for vacation leave shall be submitted to the applicable department head in advance for approval. (d) The Town Manager shall require that all employees use a minimum of five days of vacation leave of the total accrued during each year. Vacation leave is cumulative to a maximum of two times the annual accrual rate. (e) In the event an employee falls to use the vacation as provided in these rules, vacation accrual beyond the limits established in these rules shall be prohibited and no other compensation or recognition of -10- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL such prohibited accrual will be made except that the Town Manager may extend accrual limits when vacation is not permitted for the convenience of the town. Sec. 12.1-36. Sick Leave (a) Each employee in the service of the town shall be credited with sick leave after it is earned at the following rates: Regular hours worked per 2 - week payroll period Amount accrued per 2-week payroll period Days accrued Annually 80 3.70 12 7-3 75 3.32 3.46 12 40 1.85 6 Sick leave is earned regardless of the years of service. Employees working a regular 40-work week (80-hour pay period) shall use sick leave based on an 8-hour day. Employees working a 36 37.5 hour week (74 75 hour pay period) shall use sick leave based on a 7.2 7.5 hour day. Employees working a 20-hour week (40-hour pay period) shall use sick leave based on a 4-hour day. (b) Employee use of sick leave shall be limited to the following circumstances: (1) Personal illness or injury. (2) Visits to physicians, dentists, optometrists, and other approved medical professionals for personal health care. (3) Family illness or injury. (4) Quarantine. (c) To receive paid sick leave an employee must notify the applicable Department Head prior to their starting time unless some other arrangement has been approved by the Department Head. A physician's statement or examination by a physician designated by the town may be required by the Department Head when extensive sick leave occurs. (d) Sick leave may be used for illness, injury or death of an immediate family member. Immediate family member, for the purposes of sick leave, includes spouse, parents, grandparents, child, brother, sister, -ll- AN ORDINANCE: AMENDING THE PERSONNEL MANUAL mother-in-law, father-in-law, or relative living in the same household. The amount of sick leave used for a family member shall be limited to five (5) days. If an illnesshnjury is severe or catastrophic, additional use of sick leave may be allowed with the approval of the Town Manager. (e) Employees who retire from the town services shall be paid for 25- percent of their unused sick leave credits accrued during town employment. (f) Employees who have lost time because of illness or injury and have exhausted sick leave credits may have such time deducted from vacation leave. (g) Employees may voluntarily give from their sick leave balance to employees who exhaust their sick leave due to illness or injury. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 11th day of December 2001. B.J. We Mayor Town of Leesburg ATTEST: erk of Council O: Personnel Manual 01