§ 6-2-101. Exempt pay and benefit plan.
   (a)   Pay plan. The Personnel Officer shall formulate and maintain a pay plan for all positions in the exempt service, which shall include job titles, pay grades, and pay scales.
   (b)   Approval. The pay plan shall be approved annually by ordinance of the County Council.
   (c)   Posting. The pay plan shall be posted on the County website and available to County employees and the public.
   (d)   Pay on appointment. The appointing authority shall make an appointment to a position in the exempt service that is within the pay scale for the pay grade in the pay plan formulated under subsection (a).
   (e)   Out-of-class pay. The appointing authority of an employee under the exempt pay and benefit plan may approve the payment of out-of-class pay to an employee if the employee is assigned temporarily to a position in the exempt pay and benefit plan with a higher pay grade for a period of at least five consecutive workdays. The employee shall be paid at a rate within the pay range for the higher position in the exempt pay and benefit plan that is at least 5% above the employee’s regular pay rate.
   (f)   Limitations on approval for out-of-class pay. The appointing authority may approve the payment of out-of-class pay only if the position to which the employee is assigned is vacant or the employee regularly assigned to the position is absent from duty, and the position is an authorized, budgeted position. The temporary assignment and out-of-class pay may not be used as a substitute for permanent appointment to a position.
   (g)   Personnel Board report on executive pay plan. During the third year of a County Executive’s term of office, the Personnel Board shall review the pay levels in the executive pay plan and report to the County Executive and County Council its findings and recommendations regarding the pay levels.
   (h)   Employment benefits. Employees in the exempt pay and benefit plan are entitled to the employment benefits that are applicable to classified non-represented employees, except that disability leave shall be administered in a manner that meets the minimum requirements of and is consistent with State law.
   (i)   Variable pay award. This subsection applies to all employees in the exempt pay and benefit plan. An appointing authority may make a variable pay award to any employee who makes an extraordinary contribution to the operation of the County office or department or makes a significant singular effort or contribution. A variable pay award may be monetary or non-monetary and does not increase the designated annual base pay of an employee.
   (j)   Performance pay award.
      (1)   This subsection applies to all employees in the exempt pay and benefit plan, including employees who are at or above the maximum pay for their grade.
      (2)   An appointing authority may make a performance pay award to any employee who has in the previous rating period significantly and consistently exceeded expectations.
      (3)   The appointing authority may make an award to an employee at intervals no more frequently than once every fiscal year.
      (4)   The amount of the performance pay award and any pay increases under this section combined may not exceed 10% of the pay that the employee was receiving prior to the time of the award and increase.
      (5)   A performance pay award made under this section does not increase the designated base pay of an employee.
   (k)   Bonus pay. Subject to available appropriations, bonus pay may be paid to employees in the exempt pay and benefit plan as determined by the County Executive.
(1985 Code, Art. 8, § 2-101) (Bill No. 44-86; Bill No. 81-86; Bill No. 32-87; Bill No. 55-87; Bill No. 56-87; Bill No. 39-88; Bill No. 60-88; Bill No. 13-89; Bill No. 33-89; Bill No. 45-89; Bill No. 34-90; Bill No. 4-91; Bill No. 109-91; Bill No. 71-92; Bill No. 49-93; Bill No. 58-93; Bill No. 114-93; Bill No. 13-94; Bill No. 48-94; Bill No. 65-94; Bill No. 4-95; Bill No. 3-96; Bill No. 28-96; Bill No. 44-96; Bill No. 71-96; Bill No. 27-97; Bill No. 65-97; Bill No. 40-99; Bill No. 43-99; Bill No. 45-99; Bill No. 63-99; Bill No. 17-00; Bill No. 20-00; Bill No. 43-00; Bill No. 70-00; Bill No. 2-01; Bill No. 39-01; Bill No. 40-02; Bill No. 52-02; Bill No. 66-02; Bill No. 7-03; Bill No. 67-03; Bill No. 34-04; Bill No. 41-05; Bill No. 42-05; Bill No. 43-06; Bill No. 41-07; Bill No. 32-08; Bill No. 51-08; Bill No. 55-08; Bill No. 57-13; Bill No. 72-13; Bill No. 98-13; Bill No. 35-14; Bill No. 45-15; Bill No. 47-15; Bill No. 65-15; Bill No. 66-15; Bill No. 67-15; Bill No. 45-16; Bill No. 47-16; Bill No. 58-17; Bill No. 62-17; Bill No. 56-18; Bill No. 59-18; Bill No. 60-18; Bill No. 58-19; Bill No. 61-19; Bill No. 70-19; Bill No. 101-20; Bill No. 16-21; Bill No. 45-21; Bill No. 46-21; Bill No. 3-22; Bill No. 24-22; Bill No. 51-22; Bill No. 52-22; Bill No. 44-23; Bill No. 67-23; Bill No. 4-24)