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Section
4.90 Salary Step Placement on Initial Appointment to City Service.
4.91 Salary Step Placement on Assignment to a Different Position in City Service.
4.92 Salary Step Advancement.
4.93 Return from Layoff or Separation from City Service.
4.95 Salary Adjustment Following a Concurrent Change of Position and Salary Range.
4.99 Effective Dates of Change of Status.
(a) Initial appointment to any position in City service shall be at the lowest step in the salary range for the position.
(b) Notwithstanding Subsection (a) above, the City Administrative Officer may authorize the appointment of a person to a step above the lowest step in the salary range where the appointing authority and the City Administrative Officer find that:
(1) The department, office or bureau is unable to recruit sufficient persons who have the needed experience, abilities or training for the position, or who are willing to work nonstandard hours or who are willing to work in certain locations, or
(2) The person to be appointed has experience and skills that exceed those of other candidates available for the position and such experience and skills are required, and
(3) The advanced step hiring is applied to a limited number of difficult-to-fill positions in the department, office or bureau.
(c) Persons who are employees of other jurisdictions or entities whose functions are consolidated into the City and who enter City service by action of the Board of Civil Service Commissioners pursuant to the provisions of Charter Section 1021 shall be credited with their length of service in the position held at the time of the consolidation for purposes of salary step placement and salary step advancement.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 94,904; Subsecs. (a), (b), (c), Ord. No. 142,103, Eff. 7-1-71; Subsecs. (a), b), (c), (d), (e)(1), (2), Ord. No. 143,593, Eff. 7-12-72; Subsec. (e)(1) Ord. No. 144,308, Eff. 1-23-73; Subsec. (e)(2), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,181, Eff. 5-4-81*; Subsec. (b), Ord. No. 172,760, Eff. 8-18-99, Oper. 8-18-99; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. (b), Ord. No. 182,970, Eff. 4-18-14.
* The provisions of this ordinance shall be effective upon its publication except that each Appointing Authority is hereby authorized to adjust the step placement of any employee who was appointed, transferred, promoted or demoted on or after June 1, 1979 in accordance with the revised Sections 4.90, 4.91, 4.92, 4.93, 4.901, 4.902, 4.903 or 4.904 where such employee would receive a higher salary step placement than that which was provided by the former code sections.
(a) Whenever an employee is assigned or appointed from a position to another position, the following step placement procedures shall apply:
(1) If the top step rate of the salary range for the new position is higher than the top step rate of the salary range for the former position, the employee shall be placed on the lowest step within the salary range for the new position which provides at least a five (5) percent increase over the rate received in the former position. Any regularly assigned bonus or premium compensation amounts shall be included in calculating the step rate for the former position and added to the new salary after determining the appropriate salary step rate for the new position.
Effective June 29, 2014, for non-represented employees the minimum percent increase described above shall be the value of one step in the 15-step salary range (approximately 2.75 percent).
Effective June 27, 2015, for non-represented employees the minimum percent increase described above shall be 5.5% in the 15-step salary range.
a. Employees in the classification of Deputy City Attorney II who are advanced to the classification of Deputy City Attorney III, in accordance with Section B of Article 9 of Memorandum of Understanding Nos. 29 and 31, shall be placed on the first step of Deputy City Attorney III that results in an increase in salary over their current step of Deputy City Attorney II, even if it is less than a five (5) percent increase. This provision shall expire on January 21, 2017.
Beginning July 7, 2019, for non-represented employees the minimum percent increase described above shall be 5.5% in the 12-step salary range.
(2) If the top step rate of the salary range for the new position is the same as the top step rate of the salary range for the former position, the employee shall retain the same salary step held in the employee’s former position.
(3) If the top step rate of the salary range for the new position is lower than the top step rate of the salary range for the former position, the employee shall receive the lower of:
a. The top step rate of the salary range for the new position, or
b. The step rate in the salary range for the new position which is the same as the employee’s step rate in the prior class; if no step rate in the range is the same, the next higher level rate in the new salary range shall apply until the employee’s next anniversary date.
c. Any regularly assigned bonus or premium amounts shall be included in calculating the step rate for the former position and added to the new salary after determining the appropriate step rate for the new position.
(4) In no case shall an employee be placed lower than the lowest step rate or higher than the top step rate of the salary range for the new position.
(5) When an employee returns to a higher level position (higher top step rate), the employee shall be restored to the former step and step anniversary date.
(6) When an employee reverts or returns to a previously held position with a lower top step rate, the employee’s step anniversary date shall be restored and the employee shall be placed on the step in the salary range in that former position that the employee would have occupied had the employee continued to remain in that position based on the employee’s step anniversary date in that position.
(b) Salary Rate Comparisons.
(1) All salary rate comparisons shall be made in the hourly or biweekly amounts for the step rates in the salary range.
(2) Flat rate salary amounts shall be considered to be the top step of the salary range for the position.
(3) In determining the step placement for an employee assigned or appointed from a position in the Department of Water and Power to a position in any other City department, salary rate comparisons shall be made using the actual salary of the Department of Water and Power employee in accordance with applicable provisions of this section. The availability of higher pay levels for the employee’s classification shall not be considered in the salary step determination. The Controller may request the assistance of the Director of the Office of Administrative and Research Services in making such comparisons and determinations.
(4) For purposes of this section, in comparing the top steps of five-step salary ranges with those of 15-step salary ranges, the 12th step of the 15-step salary range shall be used; in comparing the top steps of 12-step salary ranges with those of 15-step salary ranges, the 15th step of the 15-step salary range shall be used; and in comparing the top steps of five-step salary ranges with those of 12-step salary ranges, the 12th step of the 12-step salary range shall be used.
(c) Concurrent Step Advancement and Position Change. Employees who would be entitled to receive a step advancement on the same date as they are appointed or assigned to a new position on a different salary range shall be deemed to have received the step advancement prior to the appointment or assignment to the new position.
(d) Bonus – Premium Compensation Assignment. Assignment to or from a position with a regularly assigned bonus or premium rate within the same class and pay grade does not change the employee’s step placement or step advancement anniversary date.
(e) Change in Classification by the Civil Service Commission. Whenever a position is reclassified and an employee is found “legally employed” or if an employee is found to be “not legally employed” by action of the Board of Civil Service Commissioners, such employee shall retain the salary step and anniversary date of the former classification.
(f) Retroactive Salary Adjustments. Step adjustments will be recomputed, if necessary, pursuant to the provisions for any retroactive salary ordinance (for non- represented employees) or Council-approved MOU (for represented employees).
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 102,505; Ord. No. 142,103, Eff. 6-1-471, Oper. 7-1-71; Ord. No. 143,593, Eff. 7-12-72; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,181, Eff. 5-4-81; Subsecs. (a)(1), (a)(5) and (d) amended, Ord. No. 157,221, Eff. 11-3-82; Subsecs. (a)(1), (a)(4), (a)(5) and (e) amended and Subsecs. (a)(3)c. and (f) added, Ord. No. 159,659, Eff. 2-15-85; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. (a)(1)a. added, Ord. No. 176,576, Eff. 4-16-05; Subsec. (f), Ord. No. 177,103, Eff. 12-18-05; Second para. of Subsec. (a)(1) and Subsecs. (a)(6) and (b)(4) added, Ord. No. 182,975, Eff. 4-18-14; Subsecs. (a)(1)a., (a)(5) and (b)(4) amended and third para. of Subsec. (a)(1) added, Ord. No. 184,256, Eff. 5-5-16; Subsec. (a)(1)a., Ord. No. 185,127, Eff. 8-30-17; Fourth para. of Subsec. (a)(1) added, Ord. No. 186,553, Eff. 3-4-20; Subsec. (a)(7) added and Subsection (a)(2) amended, Ord. No. 188,220, Eff. 4-25-24.
Sec. 4.91.1. Applicable Salary Rates Upon Return to a Class Following a Charter Section 1014 Transfer.
Whenever an employee is placed on leave from a position to accept a transfer pursuant to Charter Section 1014, the employee shall upon return from the leave be placed at the step in the current salary range for the position that was held prior to the leave. If the employee’s present salary step rate is higher, then the closest equivalent step in the current salary range for the formerly held position that does not result in a lower salary rate shall be used. In no event shall the employee be paid a salary rate that exceeds the current top step rate of the class formerly held. The employee shall retain the step anniversary date for the position formerly held prior to the return from leave.
SECTION HISTORY
Added by Ord. No. 144,154, Eff. 12-14-72.
Amended by: Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Ord. No. 188,219, Eff. 4-25-24.
(a) The first salary step advancement for an employee who has been initially appointed to City service, or who has been appointed or assigned to a position on a higher salary range, shall take place at the beginning of the payroll period one year from the date of the appointment or assignment and upon completion of 2,080 regular paid hours, unless provided otherwise in a Memorandum of Understanding. The employee’s step anniversary date shall be every 12 months after the date of initial appointment or assignment to the employee’s position, except under the circumstances set forth in Subsection (c), even though the employee’s step advancement will occur at the beginning of the payroll period within which the step anniversary date falls.
(b) Each subsequent step advancement shall occur at the beginning of the payroll period within which the employee’s step anniversary date falls following an additional 12 months of service and the completion of 2,080 regular paid hours, except under the circumstances set forth in Subsection (c), until the top step has been reached.
(c) Uncompensated absences of 128 hours or less during the 2,080-hour qualifying period and during each subsequent 2,080-hour annual period shall not extend the step advancement date. The step advancement date shall be extended one hour for each hour of aggregated uncompensated absence in excess of 128 hours. Employees who are injured on duty and are compensated in accordance with Division IV of the Labor Code of the State of California and Article 7 of Chapter 2 of Division 4 of this Code shall not have their step advancement date changed due to their workers’ compensation status.
(d) Consecutive appointments to positions with the same top step salary rate in the 12 months following the appointment or assignment shall be treated as one appointment or assignment for step advancement purposes, unless provided otherwise in a Memorandum of Understanding.
(e) An employee who is appointed to a new position on the same or lower salary range shall retain the step advancement date established for the former position.
(f) Provisions applicable to part-time (half-time and intermittent) employees:
(1) The initial salary step advancement for a half-time employee (half-time or more but less than full-time) in a Civil Service position compensated on a salary range shall be on the first day of the payroll period within which completion of one year of service occurs, provided that the employee will have been compensated for at least 1,040 hours during the same 12-month period, unless provided otherwise in a Memorandum of Understanding. Each subsequent step advancement shall be in the payroll period following the completion of one additional year of service within which the employee was compensated for 1,040 hours.
Beginning July 7, 2019, the initial salary step advancement for a half-time employee (half-time or more but less than full-time) in a Civil Service position compensated on a 12-step salary range, who is hired or placed on Step 2 or 3 shall be on the first day of the payroll period within which completion of nine (9) months of service occurs, provided that the employee will have been compensated for at least 750 hours during the same nine-month period, unless provided otherwise in a Memorandum of Understanding. Step advancement from Steps 4 through 12 shall be in the payroll period following the completion of one additional year of service within which the employee was compensated for 1,000 hours.
(2) Intermittent employees or half-time employees exempted from Civil Service provisions by Charter Section 1001 shall be paid a rate corresponding to the entering step in the salary range for the classification in which the employee is employed. Full-time or half-time employees changing to intermittent status in the same Civil Service class shall continue to be paid at the same rate as which they were last paid while a full/half-time employee. Employees who, on the effective date of this Section, are being compensated on a step in a salary range higher than that prescribed by this Section shall receive salary at their existing rate until that rate meets or exceeds the rate prescribed by this Section.
(g) Effective June 29, 2014, non-represented classifications listed in Schedule “A” of Section 4.61, which are compensated on a salary range shall be converted from a five-step salary range to a 15-step salary range. Step placement for employees on the new 15-step salary range will occur as follows:
(1) An employee’s current step on a five-step salary range will be converted to a 15-step salary range by multiplying the current step times two, plus two. For example, an employee on step 3 of the five-step salary range will be placed on step 8 of the new 15-step salary range (step 3 x 2 + 2 = step 8). Step anniversary dates for all non-represented employees shall remain unchanged and shall be frozen on June 29, 2014, and shall be unfrozen on June 30, 2015.
(2) Immediately upon conversion to the 15-step salary range, each employee in a non-represented classification will advance one step on the new range effective June 29, 2014.
(3) Effective December 28, 2014, each employee in a non-represented classification shall advance one step on the new range.
(4) Effective June 28, 2015, each employee in a non-represented classification shall advance one step on the new range.
(h) Effective June 29, 2014, the following shall apply to employees promoting between classifications on five-step and 15-step salary ranges:
(1) When an employee promotes from a classification on a five-step salary range to a classification on a 15-step salary range, the following shall occur:
a. The employee’s step on the five-step salary range shall be converted to the equivalent step on a 15-step salary range using the methodology described in (g)(1) above. For example, an employee on step 3 of a five-step range shall be converted to step 8 of a 15-step salary range.
b. The employee shall then be advanced one salary step on the 15-step salary range. For example, an employee on step 8 of a 15-step salary range shall be placed on step 9 of a 15-step salary range.
c. The employee shall be placed on the step of the promotional classification salary range that is closest to (but not less than) the newly assigned salary step.
(2) When an employee promotes from a classification on 15-step salary range to a classification on a five-step salary range, the following shall occur:
a. If the employee’s salary step on the 15-step salary range exceeds the highest salary step of the five-step salary range, the employee shall be placed on step 5 of the five-step salary range.
b. If the employee’s salary step on the 15-step salary range is within the five-step salary range, the employee shall be placed on the step on the five-step salary range that is at least five (5) percent above the step of the 15-step salary range.
(i) Effective June 29, 2014, the following shall apply to employees transferring, transitioning, or reverting between classifications on five-step and 15-step salary ranges:
(1) When an employee transfers, transitions, or reverts from a classification on a five-step salary range to a classification on a 15-step salary range, the following steps shall be taken:
a. The employee’s step on the five-step salary range shall be converted to the equivalent step on a 15-step salary range using the methodology described in (g)(1) above. For example, an employee on step 3 of a five-step range shall be converted to step 8 of a 15-step salary range.
b. The employee shall be placed on the step of the new classification salary range that is closest to (but not less than) the newly assigned salary step.
(2) When an employee transfers, transitions, or reverts from a classification on a 15-step salary range to a classification on a five-step salary range, the following shall occur:
a. If the employee’s salary step on the 15-step salary range exceeds the highest salary step of the five-step salary range, the employee shall be placed on step 5 of the five-step salary range.
b. If the employee’s salary step on the 15-step salary range is within the five-step salary range, the employee shall be placed on the step on the five-step salary range that is closest to (but not less than) the step of the 15-step salary range.
(j) Effective June 29, 2014, employees newly hired to the City, or transferring employees whose current salary falls below the first step of the 15-step salary range, shall be placed on the first step of the salary range in effect at the time of appointment.
(k) Effective July 7, 2019, non-represented classifications listed in Schedule “A” of Section 4.61 of this Code, which are compensated on a salary range, shall be converted from a 15-step salary range to a 12-step salary range. Step placement for employees on the new 12-step salary range will occur in accordance with the following table, and the conversion formula and step rate values provided by the City Administrative Officer to the Controller. Upon conversion, employees shall be placed on the step in the new 12-step salary range that is closest to, but not lower than, their current 15-step rate.
Step on 15-step salary range | Step on 12-step salary range |
Step on 15-step salary range | Step on 12-step salary range |
1 | 2 |
2 | 3 |
3 | 4 |
4 | 5 |
5 | 5 |
6 | 6 |
7 | 6 |
8 | 7 |
9 | 7 |
10 | 8 |
11 | 8 |
12 | 9 |
13 | 10 |
14 | 11 |
15 | 12 |
(l) Beginning July 7, 2019, Steps 2 and 3, and Steps 3 and 4, of the 12-step salary range structure are separated by one premium level (2.75%); Steps 4 through 8 are separated by two premium levels (5.5%) between consecutive steps; and Steps 8 through 12 are separated by one premium level (2.75%) between consecutive steps.
(m) Beginning July 7, 2019, upon conversion from the 15-step salary range, non-represented employees placed on Step 2 or 3 of the new 12-step salary structure who had a previous step anniversary date occurring more than nine (9) months after July 7, 2019, shall have their step anniversary date changed to April 7, 2020. Advancement from Step 2 to 3, and from Step 3 to 4, shall occur upon completion of nine (9) months; advancement from Steps 4 through 12 shall occur upon completion of twelve (12) months at each step, with the step anniversary date being twelve (12) months from the date of being placed on Steps 4 through 12.
(n) Beginning July 7, 2019, upon conversion from the 15-step salary range, non-represented employees placed on Step 2 or 3 of the new 12-step salary structure who had a previous step anniversary date occurring nine (9) months or less after July 7, 2019, shall retain their original step anniversary date. Thereafter, advancement from Steps 4 through 12 shall occur upon completion of twelve (12) months at each step, with the step anniversary date being twelve (12) months from the date of being placed on Steps 4 through 12.
(o) Beginning July 7, 2019, upon conversion from the 15-step salary range, non-represented employees placed on Steps 4 through 12 of the new 12-step salary structure shall retain their original step anniversary date, with subsequent advancement from Steps 4 through 12 occurring upon completion of twelve (12) months at each step.
(p) Beginning July 7, 2019, non-represented employees shall be hired at Step 2 (or the appropriate higher step in accordance with Section 4.90 of this Code) of the 12-step salary range prescribed for their classification. Employees shall remain on Steps 2 and 3 for nine (9) months at each step. The step anniversary date for Steps 2 and 3 shall be nine (9) months from the date of being placed on Steps 2 or 3 as a result of initial appointment, transfer, or promotion. Advancement from Steps 4 through 12 shall occur upon completion of twelve (12) months at each step, with the step anniversary date being twelve (12) months from the date of being placed on Steps 4 through 12, including step placement as a result of initial appointment, transfer, or promotion.
(q) Beginning July 7, 2019, uncompensated absences of 96 hours or less during the 1,560-hour, nine-month qualifying period on Steps 2 and 3 of the 12-step salary range shall not extend the step advancement date. The step advancement date from Steps 2 to 3, and from Steps 3 to 4, shall be extended one hour for each hour of aggregated uncompensated absence in excess of 96 hours. For Steps 4 through 12 of the 12-step salary range, uncompensated absences of 128 hours or less during a 2,080-hour, 12-month qualifying period shall not extend the step advancement date. The step advancement date for Steps 4 through 12 shall be extended one hour for each hour of aggregated uncompensated absence in excess of 128 hours in the 12-month qualifying period. Employees who are injured on duty and are compensated in accordance with Division IV of the Labor Code of the State of California and Article 7 of Chapter 2 of Division 4 of this Code shall not have their step advancement date changed due to their workers’ compensation status.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 90,286; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,181, Eff. 5-4-81; Subsec. (a)(3), Subsec. (c), Subsec. (d), amended; Subsec. (b) added, Ord. No. 159,659, Eff. 2-15-85; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 181,784, Eff. 7-19-11; In Entirety, Ord. No. 182,977, Eff. 4-18-14; Subsec. (k) added, Ord. No. 186,351, Eff. 11-3-19; Second para. of Subsec. (f)(1) and Subsecs. (l) through (q) added, Ord. No. 186,554, Eff. 3-4-20.
* Editor's note: The provisions of Ord. No. 172,175 never took effect (see Sec. 8 re operative date).
(a) When an employee returns to a position in a classification in accordance with Charter Section 1015, the employee shall be placed on the same step in the salary range for the position that was occupied prior to the layoff; and the anniversary date for such employee shall be the date of completion of an aggregate of one year service at the salary step. If any other section of this Code provides a higher salary rate than is provided by this section, that other section of the Code shall govern the employee’s step placement.
(b) When a former City employee is reinstated after a separation from City service to serve on active duty in the Armed Forces of the United States, the employee shall be placed on the step in the salary range for the new position as though no separation from City service had occurred and the employee shall retain the employee’s former anniversary date.
(c) If any employee returns to City service within three years of the date of separation from City service, the appointing authority may authorize placement of the employee on the step in the salary range for the position in accordance with this section as though the employee had not been separated from City service, but no step advancement credit will be given for the time of the separation. In such cases, the employee’s step advancement anniversary date shall be date of completion of the aggregate number of months required for step advancement at the time of separation from City service.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 102,505; Ord. No. 139,493, Eff. 11-10-69; Ord. No. 143,110, Eff. 2-29-72; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Title and Section, Ord. No. 155,181, Eff. 5-4-81; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.
Whenever an employee is promoted, demoted, transferred, or displaced from one position to another, and such change of position is effective on the same day as the effective day of any change in the salary range of the position the employee is leaving, the change of position shall, for the sole purpose of determining the rate of salary to be thereafter paid to such employee in the employee’s new position, be deemed to have occurred on the day before the effective date of the salary range change. However, no employee shall be employed concurrently in more than one full-time position.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 116,844; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 182,973, Eff. 4-18-14.
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