161.04 ADMINISTRATION OF PAY PLAN.
(a) Council may, pursuant to Charter Section 2(d), fix the number of employees, compensation, and fringe benefits for the various offices, departments, divisions, bureaus, boards, and commissions of the City, and fix their respective rate of compensation, hours of work, retirement age, and provide for such other fringe benefits as deemed proper by Council. No power reserved by the Charter to Council may be exercised by anyone other than Council unless so authorized hereinafter.
(b) It shall be the policy of this City to comply with the AFair Labor Standards Act".
(c) There may be created a series of five increment steps for each position classification in the Service and Clerical Units. Entitlement to step increases shall be determined, among other factors, by longevity of holding the position classification, and not upon total length of service with the City in other positions. That in the administration of the pay plan, the five Service and Clerical steps, A, B, C, D, and E, shall be interpreted and applied as set forth within this section and subsections thereof. The word Aemployee" in such Sections shall include other officers and employees, but not elected officials. Administration of this pay plan shall be as provided for herein and all step advancement provisions shall be subject to provisions of subsections (b), (k) and (l) hereof.
(1) Placement in A Step. The A Step is the minimum rate and shall be the hiring rate of all classes. When an employee is promoted or reappointed so as to move ahead one class, he shall retain the same step he had attained, in the former class. When an employee is promoted or reappointed so as to move ahead in excess of one class, he shall be moved back one step in the newly assigned class. In either event, time in a step shall count toward his next step increase.
(2) Advancement to B Step. Full-time Employees. An employee may be advanced to the B Step by the appointing authority on the employee's anniversary date upon the completion of one year of continuous service.
(3) Advancement to C Step. Full-time Employees. An employee may be advanced by the appointing authority to the C Step on the employee's anniversary date upon the completion of two years of continuous service or after one year in B Step.
(4) Advancement to D Step. Full-time Employees. An employee may be advanced by the appointing authority to the D Step on the employee's anniversary date upon the completion of three and one-half years of continuous service or one and one-half years in Step C.
(5) Advancement to E Step. Full-time Employees. An employee may be advanced by the appointing authority to the E Step on the employee's anniversary date upon the completion of five years of continuous service or one and one-half years in Step D.
(d) Provisions Applicable to all Employees. Notwithstanding the foregoing provisions of subsections (c)(1) to (5) hereof, the rate of pay for persons affected by the actions listed below shall be as follows:
(1) Demotion (disciplinary). Whenever an employee is demoted for disciplinary reasons, he may be reduced by one step in the pay class or be reduced in class if there is a class vacancy for his type of work in which case he will retain his same step in the class to which he was reduced. Reduction by step or class shall be a function of the severity of the punishment to be imposed. When reduced by step, he shall serve a minimum of six months in that reduced step before he can be promoted to the next step. Appeal of the appointing authority's decision to demote shall be pursuant to:
A. Procedures as set forth within the applicable bargaining unit's agreement;
B. Civil service rules if the position is classified;
C. Section 161.17(f)(12), providing for a Board of Review.
(2) Demotion (voluntary or physical disability). Whenever an employee requests and is granted a voluntary demotion, or demotion is required to reasonably accommodate an employee with an acquired disability, his rate of pay shall be at the same step in the lower class.
(e) Promotion: Full-time Employees. When an employee, appointed from an eligible list established as a result of a promotional examination, would have been eligible for a merit step raise within twelve months from the date of promotion by reason of service in his prior rank or class, he shall be eligible to receive his first merit increase after promotion on the same date that he would have been eligible for his next merit raise in his former rank or class.
(f) Reappointment. Whenever an employee is reappointed or re-employed, his rate of pay may, at the discretion of the appointing authority, be paid at any step in the class not to exceed the step he was receiving at the time of his separation.
(g) Reassignment. Whenever an employee is moved from a position in one class to a position in a different class having the same maximum rate of pay, his rate shall remain unchanged.
(h) Return from Leave of Absence. Whenever an employee returns from leave of absence, his rate of pay shall be at the step in the class at which he was paid at the time his leave became effective.
(i) Return from Military Leave. Whenever an employee returns from military service, he shall be reinstated in his former position at the step which corresponds to the step he received at the time of his departure, and, in addition, shall be granted, not to exceed one step increase to which he would have been otherwise entitled, had he not entered military service.
(j) Transfer. Whenever an employee is transferred, his rate of pay shall remain unchanged unless the transfer is to a position in a pay range with a minimum higher than current assignment.
(k) Upgrading. Whenever a class of positions is reassigned to a higher pay class, all employees occupying positions in said class shall be paid at their same step in the higher pay class. Nothing herein provided shall prevent a new class title being established and reassignment of an employee to such newly established class, provided the action is undertaken with the prior approval of Council.
(l) Disapproval of Pay Step Advancement. Notwithstanding the provisions of subsections (c)(1) to (5) hereof, the appointing authority may disapprove the pay step advancement of an employee by notifying said employee and the Civil Service Commission in writing the reasons for the disapproval of the pay step advancement not later than the due date of the employee's next step advancement.
(m) Procedure on Disapproval. Employees may appeal in writing to the Board of Review the disapproval of the appointing authority for the pay step advancement. Said appeal shall be made within ten calendar days after receipt of the notice of disapproval and the Board's decision on the appeal shall be final. The burden of proof shall be on the employee to prove abuse of discretion on the part of the appointing authority in disapproving a pay step advancement.
(n) Disapproval Upheld. If the disapproval of pay step advancement is upheld by the Board of Review, the employee may be advanced by the appointing authority at any later time during the interim period before the next step increase would have been normally given.
(o) Reasons for Disapproval of Pay Step Advancement. Just cause for disapproval of a pay Step advancement by the appointing authority shall include, but shall not be limited to:
(1) Tardiness, at least three or more times within a thirty-day period or seven times during a calendar year.
(2) Excessive tardiness during the period since the last Step increase, which shall be documented to establish the facts and conclusion.
(3) Excessive use of sick leave, for which the employee has failed to produce proof of the medical basis therefor.
(4) Immoral conduct, such as, a substantiated charge of sexual harassment, or abuse of position to obtain a personal benefit;
(5) Conviction of a crime of moral turpitude, such as, a crime defined by Chapter 529 of the Codified Ordinances, or an Ohio statutory provision of the same import;
(6) Failure to do the work in a timely manner as assigned by supervisor.
(7) Insubordination.
(8) A demonstration of lack of effort to satisfactorily perform the services required that cannot be attributed to any mental or physical disability, handicap, or work-related injury.
(Ord. 104-93. Passed 12-21-93.)