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SALARIES AND BENEFITS: Includes all compensation and recompense paid to an employee for services rendered and reimbursement for expenses when due, and includes nonmonetary as well as monetary benefits.
A. "Salary" may include, but is not limited to, base annual salary, overtime pay, standby pay and shift differential.
B. "Benefits" may include, but are not limited to, vacation, holidays, medical insurance, life insurance, sick leave, workers' compensation, retirement plans, clothing allowance, longevity, funeral leave, military leave and education reimbursement. (Ord. 11-18)
A. Annual Salary Schedule Changes: The Mayor shall prepare recommended changes to the annual salary schedule and shall submit it to City Council for approval during the annual budget process.
B. Establishment Of Compensation: The City Council shall approve a compensation plan including salary and benefits and the allocation of positions within the City to the respective salary ranges.
C. New Job Classifications, Pay Grades: Where appropriate due to a change in conditions or changes in duties and responsibilities during the fiscal year, the Mayor may designate new classifications and appropriate pay grades for new jobs. These positions need not be incorporated in the budget until the next succeeding budget is established. (Ord. 11-18)
City Council shall approve salary ranges for appointee positions. In addition to other appointee salaries approved with the annual budget, the salaries of the City Attorney 1 and assistants 2 , City Auditor 3 and assistants 4 and Utilities Executive Director 5 shall be set by the City Council as required by Charter. (Ord. 11-18)
Notes
| 1 | 1. See City Charter section 13-80. |
| 2 | 2. See City Charter subsection 13-90(a). |
| 3 | 3. See City Charter subsection 3-10(e). |
| 4 | 4. See section 1.2.701 of this chapter. |
| 5 | 5. See section 1.2.801 of this chapter. |
A. Group Life Insurance: For the benefit of City employees, a group life insurance plan shall be made available to regular, special and probationary employees who are employed to work twenty (20) or more hours per week. This plan is mandatory for all employees upon employment with the City. Each regular employee will be insured in accord with the provisions of the contract with the group life insurance carrier. The City shall pay the full cost of the premium. All retired employees may carry this insurance in accord with the provisions of the contract with the group life insurance carrier.
B. Group Medical Plans: The City shall offer group medical plans to all regular, special and probationary employees who are employed to work twenty (20) or more hours per week, and hourly employees who are eligible for benefits as required by applicable state or federal law. These employees may voluntarily enroll in one of the City's group medical plans. The City shall contribute an amount as set forth in the annual appropriation ordinance toward an employee's monthly medical plan premium.
Upon retirement, the City contribution toward a retired employee's postretirement medical care shall be as follows:
1. Employees who were eligible to retire on or before December 31, 1978, and who had been members of the City's medical plan for five (5) years prior to January 1, 1979, shall receive an amount equal to the full cost of their monthly retirement medical premiums.
2. Employees who were eligible to retire on or after January 1, 1979, and who were hired prior to August 1, 1988, shall receive an amount not to exceed ninety one dollars forty cents ($91.40) per month. The retirees who, prior to January 1, 1997, elected to waive or drop their medical plan shall not receive or subsequently be eligible for the contribution.
3. Employees who retire on or after January 1, 1997, and who were hired prior to August 1, 1988, shall receive ninety one dollars forty cents ($91.40) per month.
4. Employees who were hired on or after August 1, 1988, shall not receive a contribution in any manner by the City for the purpose of postretirement medical care.
5. Notwithstanding any provision of the City Code or any previous action by City Council or City staff to the contrary:
a. No former employee who has retired from service with the City may participate in any group medical insurance plan offered to retired employees and their spouses if the former employee is eligible to participate in Medicare; and
b. No spouse of a former employee who has retired from service with the City may participate in any group medical insurance plan offered to retired employees and their spouses if the spouse is eligible to participate in Medicare. (Ord. 11-18; Ord. 14-98)
A. Defense Provided: Whenever a criminal action has been brought against any City employee, including Municipal employees and employees of Colorado Springs Utilities and MHS Enterprise, or the employee has been involved in an incident which is being investigated by a law enforcement agency with a view toward the filing of criminal charges or the submission of the facts surrounding the incident to a grand jury for review, and the employee requests in writing without delay that the cost of defense and/or fine for the employee be borne by the City, that cost, including reasonable counsel fees and expenses, shall be borne by the City if the City Council first finds and determines that:
1. The act or omission arose out of and in the course of the employee's duties;
2. The employee was acting in good faith and without malice; and
3. The cost of defending the employee serves the interest of the City.
B. Committee Investigation: To assist the City Council in making this finding and determination, a committee consisting of the City Attorney, the Risk Manager and the head of the employee's department, division, office, enterprise or agency (or the Mayor or the Chief Executive Officer of Utilities, as appropriate if the employee charged is a department, division, office, enterprise or agency Director or Manager) shall investigate the criminal charge and shall make a recommendation to the City Council whether the above criteria for paying the costs of defending the employee are met.
C. Conviction; Recovery Of Costs: If the criminal action results in a final conviction, no costs shall be paid by the City and any costs advanced to the employee shall be repaid to the City. City Council may pay the costs of defense and/or fine where the City Council finds that the employee met the criteria in subsection A of this section. (Ord. 11-18; Ord. 15-62; Ord. 18-41)
A. Claims Arising Under State Law:
1. Whenever a claim is made against any City employee for injury or death which lies in tort or could lie in tort regardless of whether that may be the type of action chosen by the claimant, the City shall be liable for the costs of the defense of the employee, whether defense is assumed by the City or by other counsel, in the discretion of the City so long as the claim against the City employee arose out of injuries sustained from an act or omission of the employee which occurred, or is alleged in the complaint to have occurred, during the performance of the employee's duties and within the scope of employment, except where the act or omission is wilful and wanton. If it is determined at the trial that the injuries did not arise out of an act or omission during the performance of the employee's duties and within the scope of employment or that the act or omission was wilful and wanton, it shall be the responsibility of the employee to reimburse the City for reasonable costs incurred by it in the defense of the employee.
2. Notwithstanding the provisions of subsection A1 of this section, the City shall not be responsible for providing a defense to a City employee where the City is not made a party defendant in the action and the City is not notified of the existence of the action in writing by the plaintiff or the employee within fifteen (15) days after service upon the employee of the summons and complaint. Further, the provisions of subsection A1 of this section shall not apply where a City employee wilfully and knowingly fails to notify the supervisor of the incident or occurrence which led to the claim within a reasonable time after the incident or occurrence.
3. Subject to the requirements of subsection A2 of this section, in the event the City elects not to assume the defense of the employee, the City nevertheless shall be liable to the employee for reasonable attorney fees and costs in prosecuting the employee's own defense unless the court determines that the injuries did not arise out of the employee's act or omission during the performance of duties and within the scope of employment, or that the employee's act or omission was wilful and wanton.
4. The City shall be liable for the payment of all judgments and settlement of claims against any of its employees where the claim against the employee arises out of injuries sustained from the employee's act or omission of the employee occurring during the performance of duties and within the scope of employment, except where the act or omission is wilful or wanton so long as the employee does not compromise or settle the claim without the consent of the City.
5. Notwithstanding anything contained in this section to the contrary, the City shall not be liable for the payment of any exemplary damages on behalf of any City employee without the prior consent of the City Council.
B. Claims Arising Under Federal Law:
1. To the extent that the doctrine of respondeat superior is applicable to any claim against a City employee arising under Federal law, the provisions set forth in subsection A of this section shall be applicable to the responsibilities of the City and the City employee with respect to the allocation of costs of defense and the payment of judgments and settlements on behalf of the employee.
2. In the event that the claim arising under Federal law against the City employee does not involve the doctrine of respondeat superior, then the City shall be responsible for providing a defense to the employee and to pay all judgments and settlements on behalf of the employee unless the court determines that the employee violated a Federally protected right and the employee was not entitled to immunity or did not act in good faith with respect to the act or omission which gave rise to the claim under Federal law.
3. In its discretion, the City may appoint separate counsel to represent the City employee, and shall be entitled to a reimbursement of all costs of defense incurred by the City on behalf of the employee if it is determined by the court that the acts or omissions of the employee which gave rise to the claim under Federal law were in violation of a Federally protected right and the employee was not entitled to immunity or did not act in good faith. This shall not require the City, in any case, to be responsible for exemplary damages awarded against a public employee for claims arising out of Federal law.
C. Civil Action Investigation Committee: To assist the City Council in making such findings and determinations, a committee consisting of the City Attorney, the Risk Manager, and the head of the affected employee's department, division, office, enterprise or agency for the City (or the Mayor, Utilities Chief Executive Officer or MHS Enterprise Chief Executive Officer if the employee charged is a department, division, office or agency Director or Manager) shall cause an investigation to be made of any civil action, and make a recommendation to the City Council whether the above criteria for paying the costs of defending the employee or the cost of payment of any judgment or settlement are required pursuant to the requirements of this section. In the interest of clarity, "MHS Enterprise" does not refer to any current or future operator of leased facilities under the Memorial Health System Affiliation or encompass such operator's employees. (Ord. 11-18; Ord. 15-62; Ord. 18-41)
PART 4 CIVIL SERVICE – ADMINISTRATIVE RULES AND REGULATIONS 1
SECTION:
1.4.401: Civil Service Commission; Rules And Regulations
1.4.402: Civil Service Personnel Policies And Procedure Manual
1.4.403: Retirement
1.4.404: Pensions, Generally
Notes
| 1 | 1. Prior ordinance history: Ord. 1548; Ord. 2334; 1968 Code §§7-154, 7-161; 1980 Code; Ord. 91-84; Ord. 94-28; Ord. 01-42. |
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