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(A) Pay plan.
(1) A pay plan prepared pursuant to this chapter shall prescribe for each class a minimum and a maximum rate of pay and whatever intermediate steps, if any, the Judge/Executive and Fiscal Court, or the relevant constitutional officer deem equitable.
(2) Upon the adoption of a pay plan in accordance with this chapter, the Fiscal Court, or the appropriate constitutional officer shall assign each class to one of the pay grades the plan provides.
(3) Salary grades are determined by the relative difficulty and responsibility of the positions of the class, minimum qualifications; prevailing rates of pay; cost of living factors; the financial policy of the county; and other related considerations.
(4) At least once each year, the executive authority or his or her designee may:
(a) Compare the county’s salary rates, compensation policies and personnel developments of the county with those of other employers, public and private, in the area;
(b) Analyze fluctuations in the cost of living; and
(c) Make recommendations for amendment of the pay plan based upon comparison, analysis and examination.
(5) Employees shall be given consideration prior to the beginning of the fiscal year for increase to the next step of the grade assigned to their position, pending satisfactory service and availability of county funds.
(6) An appointee to a new position shall receive the minimum salary for the class to which the position is allocated, except that the Judge/Executive (with the approval of the Fiscal Court) or the appropriate constitutional officer may cause the appointment to be made at a salary above the minimum in cases of unusual difficulty in filling the position, or in hiring exceptionally qualified personnel.
(7) In cases where appointments have been made above the minimum, justification for these appointments shall be made by the executive authority in writing.
(B) Hours of work.
(1) Each employee shall work according to a schedule of hours determined by his or her supervisor. Non-supervisory full-time employees shall work a minimum of 35 hours per week.
(2) Flexible work schedules may be utilized as agreed to in writing between each employee and his or her department head with the executive authority’s approval.
(C) Overtime.
(1) In order to determine whether an employee will receive overtime pay for hours worked in excess of 40 hours per week, each class shall be declared “exempt” or “non-exempt” in accordance with provisions of existing labor laws. Exempt employees shall not be compensated in cash for overtime worked. Non-exempt employees shall receive overtime pay at the rate of one and one-half times the hourly wages for actual hours worked in excess of 40 hours in any work week. Non-exempt employees who are required to work all seven days in a work week shall receive overtime pay at the rate of one and one-half times the hourly wage for all hours worked on the seventh day of the work week if the cumulative weekly total exceeds 40 hours.
(2) Time off with pay (such as vacation or sick leave) shall not be considered as hours worked for overtime pay purposes.
(3) Holidays, vacation, sick leave, voting leave or other days for which employees are paid, but which are not worked, shall not be used for computing overtime.
(4) Overtime work shall be approved in advance by the employee’s immediate supervisor whenever possible, and shall be kept at the minimum consistent with maintenance of essential services and the county’s financial resources.
(D) Work week.
(1) The official work week begins on Wednesday at 12:01 a.m. and ends on Tuesday at 12:00 midnight.
(2) The county may change the official work week at any time, but not to avoid overtime provisions.
(2001 Code, § 31.042) (Ord. passed 1-14-2000)
CONDITIONS OF EMPLOYMENT
(A) Nothing contained in this subchapter of the county’s personnel policies, including the successful completion of an initial or promotional introductory period, shall alter the “at-will” employment status between the county and the employee. The employee or the county may terminate the employment relationship during or after the initial or promotional introductory period for any lawful reason, or for no reason at all.
(B) (1) Initial. All persons initially appointed to regular positions shall be on an initial introductory period of 90 days.
(2) Promotional. Any employee who has served an initial introductory period and is promoted from within the county service to a new position shall be on an introductory period (referred to as a promotional introductory period) in the new position for a period of 90 days.
(a) While on an initial introductory period, an employee may be dismissed at any time without right of appeal.
(b) An employee serving a promotional introductory period may be reinstated, without right of appeal, to the position from which he or she was promoted or to a position comparable to the one from which he or she was promoted.
(c) The introductory period may be extended for a class of positions if it is deemed that a longer period is needed to learn the work and evaluate that effectiveness of the work performed.
(d) An introductory period extended for a class of positions may be extended for no longer than 90 days.
(3) Evaluation. At the completion of the initial introductory period, the employee’s performance shall be evaluated by the supervisor or department head. A determination shall be made at that time relevant to continuation of the introductory period
(4) Time off. During the initial introductory period, a new employee shall not take vacation or sick time which has been earned or accrued. Any time off taken during the initial introductory period shall be time without pay. If an employee terminates before the end of the introductory period, no payment will be made for any benefits earned or accrued.
(2001 Code, § 31.055) (Ord. passed 1-14-2000)
Any employee occupying a regular position may request a transfer from one position to another comparable position, provided, the position to which the employee is transferred is one for which he or she possess the appropriate minimum qualifications, and provided, that the position applied for is vacant. The request shall be in writing.
(2001 Code, § 31.056) (Ord. passed 1-14-2000)
(A) When a vacancy occurs in a position above the entrance level, consideration shall be given to promotion of current qualified employees who submit written application for the position. However, if the executive authority deems that the best interest of the county necessitates the appointment of an applicant not currently employed by the county, the position may be filled by appointment of a person from outside the government.
(B) An employee occupying a regular position may be promoted from one position to a higher position only if he or she possesses the minimum qualifications for the higher position and if the position is vacant.
(2001 Code, § 31.057) (Ord. passed 1-14-2000)
In the event an employee becomes unable to perform the duties as stated in the position description, for disciplinary reasons, or in lieu of a layoff, an employee may be demoted, at the county’s discretion, provided the employee meets the qualifications for the demoted position, and the position is vacant. The employee’s salary in the position to which he or she is demoted shall not exceed the maximum salary for the position, as established in the county’s compensation plan.
(2001 Code, § 31.058) (Ord. passed 1-14-2000)
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