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Civil Service Commission Rules Section 5

CLASSIFICATION AND COMPENSATION

SECTION 5.1 - INTRODUCTION

The classification and pay plan shall be established in accordance with procedures in the Metro Charter. The Director of Human Resources shall, subject to the provisions of the Charter, be responsible for the maintenance and administration of the classification and pay plan. The director shall do the following in regard to the pay plan:

Assign classification titles to every position in the classified service.
Prepare and maintain job descriptions of every classification in the classified service. These job descriptions will be maintained in the HR Department and will be available to employees wishing to read them.
Evaluate and assign each position to its proper classification in accordance with the approved classification plan and the position audit and reclassification policies as established by the Department of HR and approved by the Civil Service Commission.
Establish and maintain records reflecting such data and information as is necessary for the administration and maintenance of the classification and pay plan.
On an ongoing basis conduct classification and pay review studies and submit changes to the Civil Service Commission. Classification and pay reviews shall be conducted at least once every three years and shall include elected official classes that are covered by the Civil Service Commission, and may include other elected officials as well. Priorities for study shall be established annually by the HR Director in consultation with department management and the administration, and shall consider input from employees and their representatives. Such studies should include periodic wage and salary surveys. An annual report shall be submitted to the Civil Service Commission which will include the classifications completed, and the priority of those that are pending.

SECTION 5.2 - ADMINISTERING AND CHANGING THE CLASSIFICATION PLAN

Annually, each appointing authority for departments under the Civil Service Commission will submit to the Director of HR an organization chart showing all positions and the classification that has been assigned to each position. When the appointing authority finds that it is necessary or desirable to change the classification assigned to a position, he shall submit such request in writing to the Director of HR. The Director of HR will initiate a position audit. The audit will be used to determine if the position should be reclassified. Once a position has been assigned to a classification, that position shall not be reclassified except as outlined in the Reclassification Policy.

Any change in the classification plan shall be processed in accordance with the Metro Charter. If any change is made in the classification plan by which a class of positions is divided, altered, added or abolished, or the classifications are combined, the Director of HR shall realign the positions affected to appropriate classes in the amended classification plan.

SECTION 5.3 - GENERAL PAY PROVISIONS

Employees shall be paid in accordance with the approved pay plan, Civil Service rules and policies, and policies established by the Director of Finance. The pay plan will define the various pay schedules for classifications as well as the method for calculating promotions and upgrades relative to each pay schedule. Pay rates for classes on the Director Pay Schedule will be set in accordance with the pay plan and Policy 5.6 a-I, Director Pay Schedule.

No employee shall be paid at a rate less than the base rate nor more than the maximum for a classification as provided for in the pay plan except as provided for in the following rules and policies: 1) Section 5.6 C. Pertaining to Voluntary Reduction in Grade, 2) Policy 5.6 D-1, Section VI, Redlining. Part time employees may be paid by the hour or paid a proportional amount of the pay plan rate according to the time worked. The Commission may adopt special pay provisions as needed to cover unusual situations, such as irregular part-time, seasonal, temporary or grant-funded arrangements.

The chart at the end of this chapter shows the equivalent salary grade for each pay schedule. When comparing two classifications from different schedules the chart will be used to determine whether the respective grades are equivalent, higher, or lower.

SECTION 5.4 - ESTABLISHMENT OF INCREMENT DATES

Merit pay increases are intended as a reward for good performance. Increases will be granted upon recommendation of the appointing authority if the employee's performance is acceptable according to the performance evaluation system used to evaluate the employee. The pay plan will prescribe the schedule or frequency of merit pay increases. Increases above the allowed amount or early increases must meet criteria established in the "Hire Above Base, Increment Advances, and Equity Adjustments" policy, and must be approved in advance by the Civil Service Commission. Pay advances in classifications included in the Open Range Policy are not covered in this section. The Open Range Policy will govern increases for these classes.

To set a new increment date following a change of status, use the appropriate procedure for the status change listed below:

Procedure 1. Using the appropriate pay table in the pay plan book, look-up the employee's new grade and step. The number of months until the next step is shown at the bottom of the pay table. Set the increment date that many months from the effective date of the status change.

Procedure 2. The employee will be given credit for the time served toward his increment prior to the status change. First determine the increment date using procedure 1. Then move the increment date up the number of months that the employee served toward his increment prior to the status change.

New Hire, Promotion, Upgrade, Demotion and Re-employment: Use procedure 1.
Layoff and Return from Disability Pension: Use procedure 2.
Reclassification: Use procedure 1 if the reclassification results in an increase equal to or greater than one increment step. Use procedure 2 when it does not result in such an increase.
Rollback in Lieu of Layoff: Use procedure 2.
Roll-up: If the employee is subsequently rolled up to the former classification the increment date will be based on the date rolled-up and the employee will be given credit for time served toward his increment prior to being rolled back.
Transfers: Use procedure 2. when an employee transfers to an equal or lower classification or step. When an employee transfers in the same classification and same step his increment date will remain the same.
Transitioning from Non-Civil Service Status: When employees who are not Civil Service transition into Civil Service positions, the increment date shall be determined as follows: Use procedure 2. if the employee transitions to a classification of equal or lower grade. Use procedure 1. if the employee transitions into a higher grade from an eligibility register.
Absences: Time off due to accumulative absences without pay in excess of twenty working days within a calendar year shall extend the employee's increment date. The new date will be determined by extending the original established increment date by the number of days missed in excess of twenty working days.
Early Increment Advance: When an employee receives an increment prior to the normal amount of time prescribed in the pay plan the increment date will be reestablished based on the effective date of the early increment unless the Commission approves basing it on the old increment date.
Pay Plan Implementation: Increment dates may be adjusted in order to implement a new pay plan upon approval of the Civil Service Commission.
Reinstatement: When an employee demoted or dismissed is reinstated by the Civil Service Commission, the Commission shall determine the increment date.
Delay of Increment: A delay of increment, under the provisions of Section 5.5, due to performance that is below the acceptable range (according to the employee's performance evaluation system) will not change the increment date.
In the event of an Equity Adjustment or status change not specifically or adequately addressed in this section, the HR Director will designate the appropriate increment date.

SECTION 5.5 - RELATIONSHIP OF EVALUATION TO PAY INCREASES AND ADVANCEMENT

(Classes included in the Open Range Policy are not covered in this section, see Open Range Policy)

Merit Increase: To be eligible for an increment increase or promotion/upgrade, an employee must have attained an acceptable rating on the most recent evaluation. An employee's increment date may change as a result of a pay plan implementation and the annual evaluation may no longer correspond with the increment date. For these employees a special evaluation may be completed if the performance evaluation is over six months old and his overall level of performance has changed since the last evaluation. The rater will attach a letter to the evaluation documenting the reasons for the special evaluation.
Delayed Pay Increases: A delay of increment will be based on the employee's last evaluation. The employee must be notified in writing at the time of the evaluation that his increment will be delayed. An increment date can only be delayed if the employee does not receive an acceptable evaluation. The employee will be reevaluated three months after his increment date. If the employee's performance has improved to a level considered to be acceptable, the increment will be granted at that time. If at the end of the three months the employee's performance evaluation has not improved to an acceptable level, the appointing authority shall take appropriate action.

Employees who fail their three-month re-evaluation are not eligible for an increment for a period of one year from the time the original increment would have been due.

SECTION 5.6 - PROMOTION, UPGRADES, DEMOTION, AND RECLASSIFICATION

Promotion: When an employee is promoted, the employee's rate of pay will be increased to reflect the additional duties and responsibilities of the new classification. The rate of pay will be established in accordance with the instructions in the pay plan for the employees pay schedule. Director Pay will be established in accordance with Policy 5.6 A-I, Director Pay Schedule. When a promotion is from a different schedule, compensation will be initially set at a step in the new schedule according to the rules of the employee's original schedule. Thereafter, the frequency of increments will be according to the new schedule. An employee may be promoted to a supervisory position and be compensated at a lesser rate than a direct subordinate. This is because the higher steps in the subordinate's classification overlap the lower steps in the supervisor's classification. When this situation occurs it shall not be grounds to request early or additional increments for the supervising employee.
Policy 5.6: I, "Upgrades For Targeted Classifications", Policy 5.6 - II, "Upgrades For Targeted Classifications - Police Civilians", and Policy 2.10 - I, "Transitioning to Professional License of Certification Classifications": Employees advanced through the provisions of these policies will be compensated at the same rate as if promoted, unless the applicable policy provides otherwise.
Demotion: When an employee in one classification is demoted for cause to another classification, his rate of pay shall be reduced within the range of the new classification as recommended by the appointing authority. The rate of pay for voluntary reduction in grade will normally be reduced to the step in the lower classification which is closest to the employee's current pay plan rate without being higher. An employee, other than an employee of the Police Department, may be red-lined at his current pay plan rate if recommended by the appointing authority and approved by the Director of Human Resources. If the voluntary reduction in grade is in lieu of layoff the appointing authority may designate any lower rate step in the range as a condition of the voluntary demotion (see Section 3.10, Voluntary Reduction in Grade, and Section 8.9, Voluntary Reduction in Grade, Fire).
Reclassification: An employee's classification and salary may be changed through the reclassification policy. Policy 5.6 D-I, Reclassification Policy shall determine how reclassifications are conducted and how salaries are affected:
An employee has the right to appeal a reclassification of his position resulting from a position audit to the Director of HR. The appeal must state the reason the employee feels the reclassification is not appropriate and must comply with the guidelines of the Appeal of Reclassification Policy. The appeal must be filed within fourteen (14) calendar days following notification from the Department of HR of the reclassification. If the employee is not satisfied with the decision of the Director of HR, he may request a review by the Civil Service Commission. The request must be made in writing to the Director of HR within ten (10) calendar days following written notification of his decision.

SECTION 5.7 - SPECIAL PAY PROVISIONS

The Director of Human Resources shall designate to the Civil Service Commission the classifications which are to be considered exempt, non-exempt and top management for the purposes of this section in accordance with the definitions as set out in Chapter 9.

Overtime Pay
1. It is the policy of the Metropolitan Government that overtime shall not be worked
  unless essential to the public interest or to preserve public health and safety. Where overtime is deemed necessary, such overtime should be allocated as evenly as possible among all non-exempt employees qualified to do the work. All overtime worked must be scheduled by the job supervisor and then approved by the appointing authority.
2. Any overtime worked shall be scheduled in advance (except in emergency
  situations) by the immediate supervisor of the non-exempt employee working the additional hours. Such an employee shall have the right to refuse overtime unless four (4) hours advance notice is given. If it is determined by the appointing authority or his designee that an emergency status exists affecting the health, welfare, safety of the community or the efficient operations of the department, the advance notice is waived.
3. Rate of pay for overtime shall be calculated at one and one-half times the employee's hourly rate of pay.
4. In no event will there be any pyramiding or compounding of overtime and holiday pay, e.g. an employee who works ten hours on a holiday will be compensated for all times at the holiday rate. The additional two hours will not be paid at three and three-fourths the regular rate of pay.
Compensatory Time in Lieu of Overtime - Election by Non-exempt
Non-exempt employees who are required to work in excess of their regularly assigned work schedule may elect to receive compensatory time off in lieu of overtime in accordance with the provisions as set out below. Election of Comp-time must be voluntary on the part of the employee.
1. Such compensatory time off shall be earned at a rate of one and one half hours for each hour of employment for which overtime would be worked and paid under Section 5.7a (2 and 3).
2. Election of Compensatory Time Off in lieu of Overtime:
  A non-exempt employee electing to receive compensatory time in lieu of overtime shall do so in accordance with the approved compensatory time election policies as established by the Department of Human Resources and approved by the Civil Service Commission.
3. Limitation of Compensatory Hours Accumulated:
  - A non-exempt employee engaged in a public safety activity (Fire/Police), an emergency response activity (Emergency Medical Services), security personnel in correctional institutions, or a seasonal activity can not accrue more than 480 hours of compensatory time off for hours worked in accordance with the policies and procedures as noted in (2) above.
  - A non-exempt employee engaged in any other work can not accrue more than 240 hours of compensatory time off in accordance with the policies as noted in 2 above.
  - A non-exempt employee who has elected compensatory time in lieu of overtime and who has accrued 480 or 240 hours of compensatory time off, within the time established by the Department of Human Resources and approved by the Civil Service Commission, shall for any additional overtime hours worked above the limit, be paid overtime compensation (in cash).
4. Payment for Accrued Compensatory Time Off at Time of Termination:
  A non-exempt employee who has accrued compensatory time off, as authorized by these Civil Service rules and applicable policies and procedures, shall upon termination be paid for the unused compensatory time at a rate of compensation not less than:
  - the average regular rate received by such a non-exempt employee during the last three (3) years of employment, or
  - the final regular rate of pay received by such an employee, whichever is higher.
  Exempt employee will not be paid for unused compensatory time when terminated. The employee will be paid if laid-off.
5. Use of Compensatory Time Off:
  A non-exempt employee who has accrued such compensatory time off shall be permitted by the appointing authority or his designee to use such time within a reasonable period after making the request if the use of compensatory time off does not unduly disrupt the operations of the department.
6. The appointing authority may, within the department's rules, make these rules
  and/or corresponding policies more specific, particularly in regard to the time period for which a non-exempt employee may elect to accrue and take compensatory time and/or when he shall be compensated as long as said time period for same is less than the maximum period established by the Civil Service Commission.
Compensatory Time For Exempt Employees
Top-level management employees (see definition) are not eligible for overtime or compensatory time off. All other exempt employees who are required to work in excess of their regularly assigned work schedule during the designated work period shall be granted compensatory time, such time to be computed at straight time.

Certain exempt employees may receive pay in lieu of comp-time under emergency situations (see policy). Compensatory time earned by exempt employees shall be accrued on a calendar year basis. Such time must be cleared from the books by June 30th following the year in which it was earned. This shall be accomplished in the following manner: The exempt employee may be permitted by the appointing authority or his designee, to use such compensatory time earned within a reasonable time after making the request, if the use of such time does not unduly disrupt the operations of the department.
Work Hours and Overtime and/or Compensatory Time
Computation of overtime and/or compensatory time shall be based on time worked in excess of 40 hours in a designated work period. Computation of overtime and/or compensatory time shall be based on time worked in excess of 171 hours in a continuous twenty-eight day period or a corresponding amount of time as stated in the FLSA regulations for security personnel in correctional institutions. Time scheduled as vacation, holiday, jury duty, and injured in line-of-duty during a designated work period shall be construed for purposes of calculating overtime or compensatory time as time actually worked.
Accrual and Payment of Compensatory Time
1. Compensatory time will be accrued on an annual basis beginning on January 1st and ending on December 31st.
2. Non-exempt employees will normally be paid for unused compensatory time on an annual basis, but may be paid quarterly or semi-annually if provided for in a department's rules. Non-exempt employees who have compensatory time on the books as of December 31st, which has not been taken or scheduled by April 30th, will be paid for such compensatory time by May 22nd at the employees regular rate of pay at the time payment is made.
3. Exempt employees will not be paid for unused compensatory time except when laid off. An exempt employee must use all compensatory time accrued in a calendar year by June 30th of the following year or such time will be forfeited.
Holiday Pay
1. A NON-EXEMPT employee who is required to work on a holiday shall receive his regular hourly pay plus one and one-half (1 1/2) times his regular hourly rate for each hour actually worked on the holiday, e.g. an employee who normally earns $5 per hour will be paid $12.50 per hour for time actually worked on holidays. If the non-exempt employee has elected compensatory time, he shall receive his regular pay plus one and one-half (1 1/2) hours compensatory time for each hour worked on the holiday.
  All employees of the Sheriff's Office scheduled to work a holiday shall be compensated at one and one-half times his regular rate of pay for all hours actually worked on the holiday and shall also receive a floating holiday. No more than four (4) floating holidays may be carried over into the next calendar year.
2. EXEMPT employees who are required to work on a holiday shall receive compensatory time off, such time to be computed at straight time equal to the number of hours actually worked on the holiday. Non-supervisory professionally exempt employees working on a holiday may, at the discretion of the employee's department, earn one and one-half (1 1/2) hours for each hour worked.
3. Justification for and verification of the hours actually worked by an employee will be submitted by the appointing authority, or his designee, who shall authorize payment for the holiday pay.
Payroll Adjustment for Vehicle
All employees required, by the nature of their official responsibilities, to have a vehicle assigned to them on a 24 hours basis who are required by the Internal Revenue Service to report the miles driven to and from work as income, because employee is driving a nonexempt vehicle, for tax purposes, are eligible for a payroll adjustment of $3.00 for each day the vehicle is used for commuting to and from work, provided all forms required by the Metropolitan Finance Department are properly and timely filed.

NOTE: See Police and Fire Chapters for rules on designated work periods.

SECTION 5.8 - SHIFT DIFFERENTIAL PAY

Shift differential pay shall be paid for regularly scheduled non-overtime work to all regular, full time employees who work one-half or more of their shift after:
1. Evening shift: 6:00 P.M.
2. Night shift: 2:00 A.M. provided the shift begins before 5:00 a.m.
The shift differential rate shall be 60 cents per hour for the evening shift and 70 cents per hour for the night shift.
Premiums for shift differential shall be included in all salary computations.

NOTE: This section is not applicable to those employees working in the Metro Fire Department who regularly work a 24-48 hour work assignment. In addition, it is not applicable where there is only one shift for a given job, regardless of the hours that shift works.

SECTION 5.9 - WORKING IN A HIGHER CLASSIFICATION

The policy for working in a higher classification is intended to provide departments some flexibility for immediate and short term staffing needs, not to circumvent the Civil Service promotional system. Employees working in a higher classification, shall meet minimum requirements of the position and assignments must be to budgeted positions.

Eligibility Provisions:

The employee must perform at least 75% of the typical duties listed in the functional job description of the higher position.
The employee must perform at least 75% of the typical duties listed in the functional job description of the higher position.
TLS non-exempt employees who work at least half of their assigned shift in an out of class position will receive out of class pay for the hours worked in the out of class position. All other employees must be physically present and perform those duties for at least 75% of the shift in order to receive out-of-class pay. No employees will be paid the out-of-class rate while off on leave or holidays unless approved by the Director of HR.
Any person assigned to temporarily fill a vacant position on the Director Pay (DP) Schedule will not be eligible for out-of-class pay as provided for in this section and will not be subject to the provisions of Section 5.9. The rate will be established in accordance with Policy 5.6 A-I, Director Pay Schedule.

Note: All exempt out-of-class assignments must be to budgeted positions that are vacant or the employee normally assigned to that position is on leave or working in a higher classification.

When Pay Begins:

Classes in the TLS pay schedule: Employees will be eligible for out-of-class pay beginning on the first day the employee works in the higher classification.
Classes in the SR, PS and CO pay schedule: Employees must perform the duties of the higher class for a minimum of 30 consecutive workdays to be eligible for the out-of-class pay. Once eligible, the employee shall receive the pay retroactive to the first day.
Certain Fire Department classes receive a flat rate per shift for out-of-class work and are paid as of the first day. After thirty consecutive days at the flat rate these employees will stop receiving the flat rate and will begin to be paid in accordance with this section. When this occurs the employees are not paid retroactively, since they have already received the flat rate.

Procedures for out-of-class assignment beyond thirty (30) working days

The department making the assignment shall post in the department an
announcement of the out-of-class position and the person selected
The department making the assignment shall give written notice to the Director of HR which shall include the name of the person selected to serve in the
out-of-class assignment and certification that such person meets the minimum
requirements. If the position is vacant, the department shall also certify that the
position cannot be filled on a permanent basis at that time.
If there is no register from which to fill the position, the Department of HR
will announce an examination so the position may be filled on a permanent
basis.
If there is no register and it is necessary to fill a position after thirty days with an
employee who does not meet the minimum requirements (because there are no
employees available who meets the minimum requirements), the department
may request an extension of the thirty-day period from the Director of HR. If the extension is approved, the employee may continue working in the higher
classification until such time as a register can be furnished the department, and a
permanent selection made.

Pay Provisions:

Maximum Time Limits:
No out-of-class assignment may exceed 100 working days in a calendar year (exempt or non-exempt) without the review and approval of the Commission, except when the employee normally assigned to that position is on extended leave. In such cases the out-of-class assignment may continue until the leave expires.
-Rate of Pay:
The employee will be compensated at the rate he would receive if actuallypromoted and will revert to his regular rate when out-of-class work terminates.
Merit Pay Increases:
If an employee is eligible for an increment in his lower classification while working in a higher classification, the increment shall be granted. The employee's out-of-class pay shall then be recalculated based on the new rate of pay in the lower classification. The employee may or may not realize an increase in his out-of-class rate.
Rate of Pay When Promoted:
When an employee is working in a higher classification and is promoted to fill the classification for which he has been working out-of-class, the employee's rate of pay will be set at the step he is being compensated at while working out-of-class.

SECTION 5.10 - ORIGINAL APPOINTMENT

The base rate normally shall be paid on original appointment. All requests to hire above base must meet the guidelines of the �Hire Above Base and Increment Advances, and Equity Adjustments� policy and must be approved by the Civil Service Commission. (Classes in the Open Range Policy and the DP Schedule are not covered in this section; see Open Range and DP policies)

SECTION 5.11 - TRANSITIONING FROM NON-CIVIL SERVICE POSITIONS

Non-Civil Service employees who transition without a break in service into a regular Civil Service position shall have as their hire date the date they were initially employed with Metropolitan Government for purposes of determining Civil Service benefits.

SECTION 5.12 - CALL BACK PAY

An employee called to report to a work site outside his regularly scheduled time will be guaranteed a minimum of three (3) hours pay, except when such time is continuous with the employee's work shift. This does not apply to work performed at home. Note: Not applicable to Police and Fire Departments.

SECTION 5.13 - SEPARATION PAY

An employee whose services are being terminated, either voluntarily or involuntarily, shall be paid for all regular earnings due and accrued and vacation pay, but shall not be paid for any unused sick leave except as part of a sick leave buyout program approved in accordance with Section 4.7 F., and shall not accumulate any additional sick leave or vacation days. In addition, an employee whose services are being terminated because of layoff will be entitled to payment for compensatory time due as provided in the procedures for layoff.

SR/CO	TG	TL	TS	PS
Grade 1
Grade 2	1
Grade 3	2	1
Grade 4	3	2
Grade 5	4,5	3
Grade 6	6,7	4,5
Grade 7	8,9	6,7	1,2	1
Grade 8	10,11	8,9	3,4	2
Grade 9	12,13,14	10,11	5,6,7	3
Grade 10	15,16	12,13,14	8,9	4
Grade 11		15,16	10,11,12	5
Grade 12			13,14	6,7
Grade 13			15,16	8
Grade 14
Grade 15
Grade 16

This chart is to be used when an employee changes to a position in a different pay schedule to determine if the change is to a lateral, higher, or lower grade. Each grade in the SR schedule is shown in the first column. The nearest corresponding grades in each of the TLS and PS pay scales are shown in the columns to the right.

Equivalencies were determined by comparing midpoints between salary ranges and matching up closest comparable midpoints in the different salary scales.

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