There shall be two classifications of employees as follows:
   (A)   Exempt/administrative personnel.
      (1)   Please refer to the U.S. Department of Labor, Fair Labor Standards Act, being 29 U.S.C. §§ 201 et seq., for definition. To qualify for the exempt/administrative employee exemption, all of the following tests must be met:
         (a)   The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
         (b)   The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
         (c)   The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
      (2)   The Fiscal Court hereby establishes two pay grades for exempt/administrative employees. The base annual compensation for each grade shall be uniform for all employees; except that, the base annual compensation of existing exempt/administrative employees whose base annual compensation for the pay grade assigned to their position shall remain at the greater rate unless changed by written request of the County Judge/Executive and approved by the Fiscal Court. The County Judge/Executive shall establish in the year that county officials are elected the base annual salary for each exempt/ administrative pay grade. Employees re-appointed shall keep their current salaries if it is greater than the newly established base salary. The base salary schedule established shall be increased by the percentage rise in the cost of living index on an annual basis or when merit raises are awarded for exceptional performance.
      (3)   The following is a general description and pay grades of the positions within county government:
         (a)   Grade 1-A. Exempt/administrative personnel involved in developing and executing the orders and policies of the Fiscal Court and the County Judge/Executive. Examples would be Assistant Director positions classified as exempt that have supervisory responsibilities and policy enforcement responsibilities; and
         (b)   Grade 2-A. Department heads and the Deputy Judge/Executive.
   (B)   Non-exempt/hourly personnel. Non-exempt/hourly personnel shall be those full-time employees not classified as administrative. Non-exempt/hourly employees shall be compensated with an hourly rate of pay for each hour of work performed or paid leave to which they are entitled under this personnel policy. The employment of persons holding non-exempt/hourly positions created by the Fiscal Court under the provisions of this chapter shall be continuous into the new term of the court.
      (1)   The Fiscal Court hereby establishes five pay grades for hourly employees. The base hourly compensation for each grade shall be uniform for all employees; except that, the base hourly compensation of existing hourly employees whose base rate of hourly compensation is greater shall remain at the greater rate, unless changed by court order. The Fiscal Court shall establish by court order the base pay for each of the five grades during the month of June of each year. These rates can be changed at any time by court order. Yearly increments shall be added to the base pay along with any recommended merit raises.
      (2)   The following is a general description of the skill level expected of each grade. These job descriptions explain the primary responsibilities of the positions. The tasks required to be performed are not limited to those mentioned herein. County employees may be required to perform any task that may be required in the efficient operation of county government; provided, the employee is qualified to perform the duties:
         (a)   Grade 1-H. Consists of positions where the employee is expected to possess no special skills other than those generally held by members of our society. Examples would be a cook, janitor and drivers of personal type vehicles or office positions such as receptionist where no office skills are required;
         (b)   Grade 2-H. Positions which require easily acquired skills. Examples would be animal control, secretarial positions that require typing or similar skills;
         (c)   Grade 3-H. Positions which require specific skills, acquired through specialized training or extensive experience operating complicated equipment. Examples would be mechanics, road equipment operators, employees that require bookkeeping type skills;
         (d)   Grade 4-H. Positions which require specialized skills such as computer operators with the ability to do moderate programming tasks, road foreperson, building or electrical inspectors;
         (e)   Grade 4-H (1). Positions which require extensive specialized skills, education and/or professional certifications; and
         (f)   Grade 5-H. Positions which require the highest level of skills necessary to carry on the function of county government. Examples would be assistant director positions classified as non- exempt that have supervisory responsibilities and policy enforcement responsibilities.
      (3)   The Fiscal Court/County Judge Executive shall establish every position to be filled by an hourly employee and shall determine the grade of that position.
      (4)   The County Judge/Executive can abolish an hourly position with Fiscal Court authorization. The employee holding the abolished position may be either terminated or reassigned to similar position in another department.
      (5)   The County Judge/Executive may transfer hourly employees when a need exists and Fiscal Court approves the transfer.
(Ord. 4-2014, passed 7-31-2014, § 3.66)