Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 2. Administration   
 Article III. Personnel Administration
 Division 2. Pay And Classification
  

  Division 2. Pay And Classification  

§ 2-233. Establishment.
Effective on Wednesday, September 9, 2020

(a) There is hereby established a pay and classification plan for the compensation of employees of the city which consists of the following elements:

(1) Effective, October 1, 1994 a schedule of salary ranges providing for minimum and maximum salaries was adopted by the city commission.

(b) The pay plan, classification schedule and other provisions relative to compensation of employees contained in this division shall supersede all previously existing compensation policies except that no provisions contained in this division shall apply to positions which are subject to the provisions of a collective bargaining agreement.

(Ord. No. 94-18, § 1, 9-20-94; Ord. No. 20-17, § 1, 9-9-20)
§ 2-234. Revision.
Effective on Wednesday, September 9, 2020

The city manager shall make or cause to be made such comparative studies as he determines are necessary as factors affecting the level of salary ranges prior to the preparation of the annual budget.

(Ord. No. 94-18, § 1, 9-20-94; Ord. No. 20-17, § 1, 9-9-20)
§ 2-235. Hourly rates.
Latest version.

(a) The schedule of salary ranges established in this division represent the minimum and maximum annual salary to be paid an employee who works the standard forty (40) hour work week. Each salary is converted to an hourly rate based on a standard forty (40) hour work week for the purpose of computer record keeping and calculation of bi-weekly pay.

(b) Should the city manager determine that it is in the best interests of the city that an employee or group of employees work less than the standard forty (40) hour week, that employee or group of employees shall be paid at an hourly rate within the range established for a forty (40) hour week employee of the same class.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-236. Deviation from established salary ranges.
Latest version.

Upon adoption of this division and subsequent amendments thereto, the following provisions for deviation from the range of minimum and maximum salaries shall apply:

(1) The rate of pay for each employee shall be adjusted to meet the minimum for the salary range for the class to which his position is allocated.

(2) Any employee receiving a salary in excess of the maximum rate provided for the class to which his position is allocated shall be granted increases in the form of a lump sum payment rather than an adjustment to base pay until such time as the employee's salary is below the maximum for the salary range. This shall apply to cost of living increases, longevity pay, education incentive and merit increases. Lump sum payments shall be subject to deduction of applicable payroll taxes and retirement plan contributions.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-237. Adjustments within salary ranges.
Latest version.

(a) Salary ranges are intended to furnish administrative flexibility in recognizing individual differences between positions allocated to the same class, in providing employee incentives, in rewarding employees for exemplary performance, and in meeting emergency conditions requiring pay adjustments.

(b) Salary increases within appropriate ranges in recognition of an employee's performance may be considered at intervals of one (1) year and granted upon the written recommendation of the department head and the approval of the city manager provided sufficient funds exist within the department budget.

(c) Salary increases within appropriate ranges for unusual or exemplary performance may be granted without regard to limitations of time upon approval of the city manager provided sufficient funds exist within the department budget.

(d) Salary reductions may be directed by the city manager after evaluation of an employee's job performance. No salary reduction may be made below the entry level pay for an employee's classification. A memorandum stating the reason for the reduction shall be provided to the employee on or before the effective date of the reduction, and a copy of the memorandum shall be placed in the employee's personnel file. An employee who receives a salary reduction may request a re-evaluation six (6) months after the reduction. If the request does not result in restoration of the former salary, the request may be made again one (1) year after the salary reduction. The request shall be made to the city manager.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-238. Entry into a salary range.
Latest version.

(a) New employee. The minimum salary for a class shall be paid to any person upon his original appointment to a position except when, as determined by the city manager, there has been demonstrated inability to recruit at the minimum salary or the new employee possesses exceptional qualifications warranting employment at a higher rate in the salary range.

(b) Promoted employee. An employee promoted to a position within a class for which the minimum salary is less than five (5) percent than his present salary may be granted an increase of five (5) percent. A salary increase greater than five (5) percent may be granted when, as determined by the city manager, the promoted employee possesses exceptional qualifications warranting a higher rate in the salary range.

(c) Part-time or temporary employee. A part-time or temporary employee shall be paid at the minimum rate for the class of position for which he is employed; provided, however, that where, in the best interests of the city, it is necessary to temporarily employ extra laborers or craftsmen, the city manager may authorize that such employees be paid at the prevailing construction or craft rates.

(d) Transfer or job reclassification. When an employee is transferred to a position of a different classification and the transfer is not in the nature of a promotion, his pay rate shall be adjusted to the minimum rate established for that classification if it is higher than his present rate of pay. If an employee's position is reclassified to a higher salary range with no change in duties or responsibilities, his pay rate shall be adjusted to the minimum rate established for that salary range if it is higher than his present rate of pay. If an employee's position is reclassified to a higher salary range with an increase in duties and responsibilities, his rate shall be adjusted to the minimum for the new salary range or he shall receive a five (5) percent increase, whichever results in the higher rate of pay.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-239. Special situations.
Latest version.

(a) End of probation. When an employee completes his first six (6) months in a position and receives a satisfactory performance evaluation, he is eligible for a salary increase of up to five (5) percent at the discretion of the department head with the approval of the city manager.

(b) Demotion. If an employee is demoted to a lower job classification, whether at his own request or by action of the department head, he shall not be paid less than the minimum rate nor more than the maximum rate established for the salary range of the lower job classification.

(c) Leave of absence. When an employee returns to duty in the same position or salary range following a leave of absence, he shall receive the same pay rate as was received prior to taking leave. If the salary range for the job classification has been upgraded during the employee's absence or the position has been reclassified to a higher salary range, the returning employee's rate of pay will be adjusted accordingly. If the job qualifications of the employee have increased during the leave of absence, consideration will be given to reinstating the employee at a higher rate.

(d) Temporary work in higher classification. When an employee is required to work on a temporary basis in a position with a higher classification than that of his regular position, he will be paid the appropriate rate of the higher classification. The temporary pay rate will be calculated as follows:

Calculate percent increase from minimum of regular salary to minimum of temporary salary range. Multiply employee's normal hourly rate by percent increase to determine his temporary hourly rate which may not exceed the maximum for the temporary salary range.

A temporary assignment will receive the prior approval of the city manager and will not exceed thirty (30) days; where circumstances required, the city manager may extend the temporary assignment. At the conclusion of the temporary assignment, the employee's rate of pay will revert to the authorized rate established for his regular position. Filling in or doing the work of an employee in the same department who is on vacation or absent for short periods of time will not be considered as a temporary assignment to a higher classification. Serving as an "acting" supervisor or "acting" department head in the absence of the supervisor or department head will not be considered as a temporary assignment to a higher classification.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-240. Longevity pay.
Latest version.

(a) Employees within five (5) years or more continuous service with the city who began employment on or before September 30, 1994 shall be awarded longevity pay as follows:

(1) After five (5) consecutive years of service, the employee shall receive an additional two (2) percent added to his annual salary.

(2) After ten (10) consecutive years of service, the employee shall receive an additional five (5) percent added to his annual salary.

(3) After fifteen (15) consecutive years of service, the employee shall receive and additional six and one-half (6½) percent added to his annual salary.

(4) After twenty (20) consecutive years of service, the employee shall receive an additional eight (8) percent added to his annual salary.

(b) Employees hired on or after October 1, 1994 shall not be eligible for longevity pay.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-241. Education incentive.
Latest version.

(a) An employee who has completed his six-month probationary period will receive a five (5) percent increase in pay upon the completion of an Associates Degree, Bachelors Degree or a Masters Degree provided that the degree is job-related.

(b) Where the state requires certification for an employee to perform the duties and responsibilities of his position, a five (5) percent increase in rate of pay will be given upon the award of certification.

(c) Where certification is not required by the state, an increase in pay of up to five (5) percent will be given upon the award of certification providing the following conditions are met:

(1) A written recommendation is made by the department head and approved by the city manager.

(2) Certification is governed by examination through a responsible affiliation, association, state agency or federal agency.

(3) Certification is related to the primary function of the employee's job description.

(d) A five (5) percent increase will be given upon the award of a "C," "B," or "A" certificate for the operation of the water or wastewater plant.

(Ord. No. 94-18, § 1, 9-20-94; Ord. No. 2007-08, § 1, 4-4-07)
§ 2-242. Implementation of pay increases.
Latest version.

(a) All pay increases shall be made effective on the first day of a pay period to eliminate calculation of wages on multiple hourly rates within a single pay period; provided, however, that cost-of-living increases approved by the city commission shall be made effective October 1. Increases due to longevity pay shall be made effective on the first day of the pay period following the employee's anniversary date.

(b) Any pay increase involving retroactive calculation will require a memorandum from the department head and approval by the city manager to document the reason for delay of the pay increase.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-243. Pay advances.
Latest version.

Pay advances will not be authorized.

(Ord. No. 94-18, § 1, 9-20-94)
§ 2-244. Overtime.
Effective: Tuesday, May 17, 2016

(a) As a general rule, the requirement of frequent overtime services in a department shall be considered evidence of under-staffing or improper organization and shall be subject to review by the city manager; however, employees shall work overtime when requested unless excused by their supervisor.

(b) Records of all overtime work shall be kept by the department head, and overtime compensation will not be paid unless overtime work has been documented by the employee and verified by the supervisor.

(c) Employees in non-exempt classifications required to work in excess of forty (40) hours in a designated work week shall be paid overtime or granted compensatory time off. Monetary payment or compensatory time off for overtime shall be calculated at the rate of one and one-half (1½) times the regular rate for all hours worked in excess of forty (40) hours in any designated work week.

(d) For purposes of computing overtime, "time worked" shall mean those hours during which the employee is engaged in performing the duties of his job. With the exceptions stated in this paragraph, overtime pay will only be paid when an employee has actually worked more than forty (40) hours per week. Overtime shall not be computed on sick leave, jury duty/witness duty, funeral leave, or comp time. However, vacation days, holidays, safety days, and optional holiday shall be counted as days worked when calculating overtime.

(e) Non-exempt employees who, for their own convenience, arrive early at their work area or leave late will not perform work during these periods. Work during such periods is likely to extend the employee's work week beyond forty (40) hours and will require the prior authorization of the department head.

(f) At the request of the employee and at the discretion of the department head, non-exempt employees may be granted compensatory time off (comp time) in lieu of monetary wage. Comp time will accrue at the premium rate of time and one-half (1½) for each hour of overtime worked.

(1) An employee who has accumulated comp time may request time off. Such requests will be granted within a reasonable amount of time so long as time off does not unduly disrupt the department's operations. Compensatory time off will require the prior approval of the department head.

(2) No employee will be permitted to accrue more than eighty (80) hours of comp time. If the employee has accrued the maximum comp time, all subsequent overtime worked will be paid as monetary wage.

(3) Upon termination, comp time remaining on the books will be paid at the employee's current rate or his average rate over the last three (3) years, whichever is higher.

(4) An employee may request monetary payment of all or a portion of accrued comp time at his current hourly rate. Such request shall be made by memorandum to the city manager and shall receive the approval of the city manager prior to payment. A copy of the memorandum will be placed in the employee's personnel file.

(5) Any non-exempt employee that is, or has been, promoted or reclassified to an exempt position shall have any accrued comp time liability immediately paid to the employee in a single cash disbursement, at his or her final rate of pay prior to promotion from the non-exempt position.

(g) Overtime resulting from training required by the city shall qualify for overtime compensation. Training required for state-mandated certification shall not qualify. Overtime compensation will not be paid when training is voluntary. Travel time to and from work or place of training will not be considered as time worked and will not be included in calculating overtime.

(h) An employee who works in two (2) or more different classifications during a single pay period and performs two (2) or more different types of work for which different straight-time rates have been established, shall receive overtime pay calculated on the weighted average of such rates.

(i) Part-time employees shall earn time and one-half (1½) after working forty (40) hours in a week. All hours worked in excess of a normal schedule up to forty (40) hours will be paid at the employee's straight hourly rate. At the discretion of the department head, the part-time employee may accrue comp time for hours worked in excess of his normal schedule, however comp time shall be earned at the rate of one (1) hour off for each hour worked until forty (40) hours have been worked. After working forty (40) hours in one (1) week, the part-time employee will earn overtime pay or accrue comp time at the rate of time and one-half (1½) for each hour worked.

(j) Employees in exempt classifications are salaried employees and are expected to work as long as necessary to fulfill their job responsibilities. If, however circumstances arise which require considerable extra work time, compensatory time off may be granted at the discretion of the department head; however, such compensatory time shall not accrue as for nonexempt employees and shall not be paid as a monetary wage.

(k) Whenever by declaration of the Mayor immediate action is necessary to preserve the public peace, property, health, or safety within the City or to provide for continued operation of city government and exempt employees are directed by the City Manager to undertake immediate emergency response measures, such exempt employees shall be paid overtime wages at a rate of pay commensurate with overtime pay calculated for non-exempt employees during the period of  the emergency. If the following conditions are met, then exempt personnel will be eligible for overtime compensation.

(1) The Mayor of the City of Lake Wales has signed a declaration declaring that a State of Emergency exists in the City.

(2) The City has activated its Emergency Operations Center and the City Manager has implemented the City’s Emergency Management Plan.

(Ord. No. 94-18, § 1, 9-20-94; Ord. No. 2005-04, § 1, 2-15-05; Ord. No. 2012-21, § 1, 11-6-12; Ord. No. 2016-06, § 1, 5-17-16)

 
§ 2-245. Premium pay.
Latest version.

(a) Holiday premium. If an employee is required to work on a designated holiday, the employee shall be paid holiday premium pay for up to eight (8) hours worked at time and one-half (1½) in addition to holiday pay. Comp time may be substituted for holiday premium pay at the rate of time and one-half (1½). If an employee is absent on both the day before and day after a holiday, he shall be ineligible for holiday premium pay or comp time.

(b) Pager premium. Employees assigned to pager duty will receive one (1) hour pay at time and one-half (1½) for each twenty-four (24) hour period if that period of pager duty is on a week day. Employees assigned to pager duty will receive one and one-half (½) hour of pay at time and one-half (1½) for each twenty-four (24) hour period if that period of pager duty is on a weekend or holiday.

(c) Call-out premium. Employees not on pager duty will receive a minimum of two (2) hours overtime pay when called out or called back to work after regular working hours. Supervisors will ensure that employees are called out on an emergency basis only and that no more employees are called out than are needed to resolve the emergency.

(Ord. No. 94-18, § 1, 9-20-94)