§ 33.046 ENTRANCE PAY RATES.
   (A)   Starting rate on initial employment. Original appointment to any position shall be made at the entrance or minimum rate of the pay grade and advancement from the entrance rate to the maximum rate within a pay range shall be by successive steps. Department heads may approve initial compensation at steps 2 through 5, dependent on budgetary constraints, when the needs of the service so require; provided that any such exception is based on the outstanding and unusual character of the employee's experience and ability over and above the qualification requirements specified for the class, or that a critical shortage of qualified applicants exist. In the latter case, any incumbents in the same class performing identical duties and receiving a lower rate shall have their rates increased to the rate established for entrance of new employees. Upon recommendation of the department heads and the Human Resources Director, or the Human Resources and Insurance Committee, the Mayor may approve initial compensation at step 6 and above, also when the needs of the service so require; provided that any such exception is based on the outstanding and unusual character of the employee's experience, or that a critical shortage of qualified applicants exist. Again, in the latter case, any incumbents in the same class performing identical duties and receiving a lower rate shall have their rates increased to the rate established for entrance of new employees.
   (B)   Starting rate on return to duty. When an employee returns to duty in the same class of positions after a separation from the city service of not more than one year, which separation was not due to discreditable circumstances, such employee shall receive a rate of pay that is within the approved pay grade for the class.
   (C)   Starting rate on return from military service. Any employee who holds a position that is expected to continue indefinitely or for a significant period of time, and who is a member of the National Guard or of a reserve component of the armed forces of the United States or who leaves employment and enlists in the military within 90 days from termination from employment from the city, shall be entitled to military leave when such duty is in conflict with the employee's regular work schedule. Under the Federal Uniform Services Employment and Reemployment Rights Act of 1994, any reservist, member of the National Guard or military who is returning from active duty lasting five years or less with an honorable or general discharge, shall be guaranteed a position equivalent to the position that the employee vacated to perform the active duty unless the re-employment causes an undue hardship to the city pursuant to U.S.C. 4312(d). The returning employee shall be placed in a step that he/she would have attained had he/she not been on active duty.
   (D)   Starting rate in new positions. Whenever an employee is assigned to duty in a position not previously held by him, and such change is in the nature of a transfer and not in the nature of a promotion and the position is in the same pay grade as the position currently held by the employee, the employee shall receive no increase in pay but shall remain in the current step and shall be eligible for a step increase on the employee's anniversary date just as if the employee had been working in the current position.
   (E)   Rate of pay on promotion. In any case where an employee is promoted to a class with a higher pay grade, the employee's pay shall be increased to at least the minimum rate for the higher class, but such increase shall be no less than 10% of the employee's current pay. In the case of overlapping pay grade ranges, the promoted employee shall be increased to the step immediately above the employee's current pay, but such increase shall be no less than 10% of the employee's current pay. If the employee refuses the promotion, the Human Resources Director may approve an additional pay step increase. If the employee still refuses the promotion, the Human Resources and Insurance Committee may approve two additional pay step increases. If the employee still refuses the promotion, the Mayor may approve additional step increases as provided in § 33.046 above. Advancement to the maximum rates subsequent to promotion will beon the same basis as described in § 33.048 of this subchapter. Effective dates for promotions shall be the first work day following approval of the promotions.
   (F)   Rate of pay in cases of voluntary transfer to a lower pay grade. When an employee takes a position at a lower salary grade, the employee shall be demoted to the lower grade based upon his/her years of service. However, if the years of service result in the employee receiving a step which compensates the employee at a higher rate of pay than prior to the demotion, said employee shall be placed in a step in the lower grade that does not exceed his/her level of compensation prior to the demotion.
   (G)   When an employee's position is reclassified to a higher salary grade, the employee shall be placed in the new grade at a step that would provide an increase equaling at least one annual merit step increase in the former salary grade. If an employee's position is reclassified to a lower salary grade, the employee shall be placed at a step in the lower grade based upon his/her years of full time employment. However, if the years of full service result in the employee receiving a step which compensates the employee at a higher rate of pay than prior to the reclassification, said employee shall be placed in a step in the lower grade that does not exceed his/her level of compensation prior to the reclassification.
('71 Code, § 18-36) (Ord. passed 6-14-67; Am. Ord. passed 4-19-88; Am. Ord. passed 11-4-98; Am. Ord. passed 9-4-01; Am. Ord. passed 11-7-01; Am. Ord. passed 8-6-02; Am. Ord. passed 2-18-03; Am. Ord. passed 3-18-03; Am. Ord. passed 3-1-22)