§ 3.30.124. Entrance pay rates.

A.

Starting rate on initial employment. Original appointment to any position shall be made at the entrance rate, and advancement from the entrance rate to the maximum rate within a pay range shall be by successive step. Upon recommendation of the agency head, the director may approve initial compensation at a rate higher than the minimum rate in the range for the class when the needs of the service make such action necessary, provided that any such exception is based on the applicant's experience and ability over and above the qualification requirements specified for the class, or if a critical shortage of applicants exists. Such approval shall be made in writing prior to appointment.

B.

Reinstatement and reemployment.

1.

Reinstatement of veterans. A veteran, reinstated under rule 6, shall be entitled to be restored to such position (as he had when he left the municipality on military leave, other than a temporary position) or to a position of like seniority, status and pay as set forth in the U.S. Code Annotated, title 50, War and National Defense Military Selective Service Act of 1967, section 459, Separation from Service, subsections (a), (b), (c), (f) and (g). A veteran shall be reinstated to the same position or one as nearly like it as is available, at the same step he had when separated. His merit anniversary date shall be the date of reinstatement adjusted by the number of months and days served toward the next step before leaving for military service. His length of service date shall be that established before leaving for military service. A probationary period shall not be required unless one was not completed in last previous employment, in which case only the incomplete portion need be served upon reinstatement. No probationary pay increase shall be granted unless one was not received in last previous employment.

2.

Reemployment of laid-off employees. When a laid-off employee is reemployed, under rule 6, he is entitled to the same pay or step he had when laid off. His merit anniversary and length of service dates are both adjusted by the number of months or days laid off. A probationary period shall be required only if requested by the agency head and approved in advance by the director, unless one was not completed in last previous employment, in which case the incomplete portion need be served in new employment.

3.

Reinstatement as result of successful appeal. An employee reinstated as a result of successful appeal is entitled to all rights previously established, including the same pay or step, and the same merit anniversary and length of service dates, unless otherwise directed by the body hearing the grievance appeal. A probationary period shall not be required and a probationary increase shall not be awarded unless one was not completed in employment just previous to the appeal, in which case only the incomplete portion need be served in the new employment.

C.

Rehired employees. A former employee may be rehired at the same pay rate or step he had before separation or any lower pay rate or step in the range determined by the agency head, when rehired under rule 5. When rehired in the same, a parallel or a lower class series, when approved in advance by the director, the employee may be paid at the rate that best reflects prior creditable municipal service. Consideration shall be given to experience and education acquired since leaving municipal employment. The employee must serve a probationary period, but shall not be entitled to a probationary increase unless he did not receive one in previous employment or unless he is hired at the A step. Former employees who are not eligible for rehire under section 3.30.052B. may be reappointed as new employees. The merit anniversary date shall be date of rehire. Length of service date shall be that as established in section 3.30.127.

D.

Rate of pay on promotion.

1.

Normal promotion. Unless otherwise provided in this subsection, when an employee is promoted, including promotion from subfill under section 3.30.066, promotion to a position in a pay range which is higher than the one which applied to the employee prior to his demotion in lieu of layoff or promotion more than one year after an employee's demotion in lieu of layoff, his step in the new range shall be the A step or that step providing for at least one step incremental increase, considering those factors outlined in subsection A of this section. Advancement to the maximum rate subsequent to promotion will be on the same basis as described in section 3.30.125.

2.

Upward reclassification. In any case where a position is reclassified upwards in accordance with section 3.30.026A.1. the pay step of the employee occupying the position shall be that step in the new range providing for a one-step incremental increase. Length of service dates remain unchanged, and no probationary period shall be required. The merit anniversary date shall remain unchanged unless the new step is step A, in which case the merit eligibility date shall occur on the earlier of the employee's merit anniversary date or after three months if the assigned range is 12 or below and after six months if the range is 13 or above, counted from the date of reclassification. Subsequent merit eligibility shall then occur annually thereafter.

3.

Upward range change. In the case of an upward range change in accordance with section 3.30.026A.2., the pay step of the employee in the new range shall be at the same step in the new range as held in the old range. Merit anniversary and length of service dates remain unchanged, and no probationary period is served.

4.

Promotion following demotion in lieu of layoff.

a.

If an employee is promoted back to his former pay range within one year following a demotion in lieu of layoff pursuant to section 3.30.112B., he shall be placed at that step in the higher pay range which equates with his rate of pay prior to the demotion in lieu of layoff.

b.

If an employee is promoted within one year to a pay range lower than that which applied to him before a demotion in lieu of layoff pursuant to section 3.30.112B., he shall be placed either at that step in the new pay range which equates with his rate of pay prior to the demotion in lieu of layoff or to the highest step in that new pay range, whichever is lower.

E.

Starting rate on lateral transfer. When an employee is assigned to a new position in the same class and agency for which he is qualified and which has the same salary grade, he shall be transferred at the rate he was receiving, and no probationary period shall be served. His date of next increase shall remain the same as in his former position.

1.

Transfer to a different class or to another agency. When employees are transferred to a position in a different class, or transferred from one agency to another, to a position in the same or a different class their merit anniversary date and length of service date are not changed. Employees so transferred may be required to serve a probationary period in accordance with this chapter, but will not be eligible for a probationary increase.

2.

Lateral reclassification. When a position is reclassified to another class at the same salary level, the incumbent shall have no change in status.

F.

Demotion.

1.

Pay step. When an employee is demoted, his pay step in the range for the lower class shall be that step which is determined by the agency head and approved in advance by the director. Factors shall include the reason for demotion, past and current performance evaluations, cooperation with the agency head and other employees, previous experience in the lower or a parallel class, budgeted funds available and length of service.

a.

Demotion for disciplinary reasons. An employee demoted for disciplinary reasons normally shall be placed in step A of the lower range.

b.

Demotion in lieu of layoff. Employees demoted in lieu of layoff shall be placed in step F in the range for the lower class or the step equal to his present step, whichever is lower.

c.

Demotion during promotional probationary period. An employee demoted during promotional probationary period shall be placed in the lower range at that step which he held before promotion.

2.

Merit anniversary date. The merit anniversary date of a demoted employee shall become the date of demotion, except for an employee demoted while in a promotional probationary period, when it shall revert to the date held before promotion.

3.

Length of service date. The length of service date of a demoted employee shall remain unchanged.

4.

Probationary period. When employees are demoted to a position in a class where they previously had regular status, no probationary period shall be served. Employees who are demoted for disciplinary reasons shall serve a probationary period but shall not receive a probationary pay increase. When employees are demoted to a position in a class where they did not previously hold regular status, the agency head shall decide whether a probationary period will be served, without a probationary increase, subject to approval of the director. The employee shall be notified of the decision, in writing, before the demotion is accomplished.

5.

Demotion into different class series. An employee demoted under section 3.30.068D. into a lower level position in a different class series where duties are significantly different shall be paid at the step in the range of the lower class of positions that best reflects the earned step based on creditable municipal service, or at such other step as approved in advance by the director. His merit anniversary date shall be changed to the date of demotion, and his length of service date shall remain unchanged. When the agency head determines that a new probationary period is required, and if approved by the director, the employee may be awarded a probationary increase if earned, and the merit anniversary date shall be adjusted accordingly. When a new probationary period is not required, none shall be served, no probationary increase shall be awarded and the merit anniversary date remains unchanged. In both cases the length of service date remains unchanged.

6.

Downward reclassification and range change. An employee occupying a position which has been reclassified to a class which carries a lower pay range, or has had a range change by which a lower range has been assigned to the class, shall be treated as follows:

a.

The employee may be transferred under section 3.30.068C., in which case his pay step remains unchanged.

b.

If he continues in the reallocated position, and if the pay rate of his present step is the same as that of any step in the lower range, he shall enter the lower range at that step.

c.

If the present pay exceeds the maximum rate for the lower class, the position may be placed on an incumbency allocation. The pay of the incumbent shall be frozen until such time as general increases have elevated the range of the assigned class to encompass the incumbent's rate of pay, at which time the incumbent shall be assigned to the pay step in the range which results in no decrease in pay, or for two years, whichever occurs first. At the end of the appointed time limit for the incumbency allocation, the pay of the incumbent will be reduced to the maximum step in the range. When the position is vacated, a new incumbent shall enter at the appropriate step in the range assigned as a result of reclassification or range change in accordance with subsection A of this section. In all such cases, the anniversary and length of service dates remain unchanged.

G.

Appointment to position with substantially different terms of employment. Appointment to a position in a different bargaining unit, from a nonrepresented position to a represented position, from a represented position to a nonrepresented position, from a position covered by chapter 30.40 or from a temporary position to a regular position shall be subject to the following: When an employee is appointed to a position with substantially different terms and conditions of employment (e.g., appointment to a different bargaining unit, or movement from a represented to a nonrepresented position or from temporary to regular status), the terms and conditions of employment in the new position will be set forth in detail reflecting the pertinent changes prior to the effective date of appointment to the new position. The appointment document will contain, at a minimum, the pay range and step placement, requirement to serve a probationary period, eligibility for a probationary increase, adjustments to the merit anniversary date, length of service date and service award date, and benefit coverages for the new position.

(AO No. 79-195; AO No. 86-207(S-1); AO No. 94-117, §§ 20—22, 7-26-94)