Proposed_Personnel_Manual_Chapters_-_240524.docx

Chapter 4: POSITION CLASSIFICATION SYSTEM

Purpose The position classification system is established to identify and define positions, and to provide equitable and adequate grades and wages for all Charles County positions.

Administration The Department of Human Resources will have responsibility for the overall administration of the classification system. It will maintain records of all actions taken affecting positions and pay grades, provide for regular reviews to ensure that all positions are properly classified, and recommend amendments to the classification system as necessary. Changes to the classification system will require the approval of the County Administrator.

Position Evaluation Positions to be evaluated will be reviewed as funding permits. Evaluation requests should be sent by the Department Director to the Department of Human Resources for review. A copy of the revised/marked up job description and a completed Job Assessment Tool (JAT) should be submitted. , Tentative results will be discussed with Department Directors and more information gathered if necessary. Results of the position reviews, along with a fiscal note prepared by Department of Fiscal and Administrative Services (DFAS), will be forwarded to the County Administrator for their approval before final notification to the departments. Implementation of the results may be rejected or deferred should sufficient funds not be available.

Positions will be classified in the proper grade on the basis of the duties, responsibilities and qualifications required as evaluated in terms of factors common to most positions. The plan has five compensable evaluation factors. The five compensable factors that are scored are Leadership, Working Conditions, Complexity, Decision Making, and Relationships. In each of these five sections of the JAT, the person completing the JAT is directed to select the “Closest Match” out of eight statements regarding each factor. The eight statements, called levels, are assigned a different score depending on the level and factor. The five different factors are not all weighted equally; Leadership has the highest points associated with it, Complexity and Decision Making have the next highest points associated with them, and Working Conditions and Relationships have the lowest points associated with them.

The proper grade for a job is selected after the total weighted point score has been calculated. The grade is determined by comparing the total score of the job with the point score ranges that have been established for each grade in the salary structure. Additionally, collecting market data and comparing other positions and grades that are similarly situated is also part of the process in determining the proper grade.

Reclassification When a position is approved for reclassification to a higher grade, the incumbent will receive a 6/9/12% salary increase or the minimum of the new grade, whichever is higher. Salary changes which result from a reclassification are subject to final approval by the County Administrator. Effective dates for salary changes will be determined as part of the reclassification approval process.

When a position is changed to a lower grade for reasons such as reclassification or abolishment of a position, the incumbent will retain the same rate of pay. If the incumbent’s rate at the time of change is higher than the maximum rate of the new grade, the incumbent’s rate will be retained. .

In the event of a county-wide reclassification, or the reclassification of multiple classes of work, salary increases may be phased in at the discretion of the County Commissioners. The Director of Human Resources will have responsibility for salary administration and will, whenever necessary, recommend amendments to the Grade/Salary Structure through the County Administrator to the County Commissioners for their approval. From time to time, the Director of Human Resources will announce such Grade/Salary Structure revisions as have been approved by the County Commissioners.

Maintenance of the System Whenever a Department, Division, or office is created or reorganized, position descriptions, for any new or affected positions will be submitted to the Department of Human Resources for review and evaluation. Additional volume of work does not justify a review.

Department Directors will submit information to the Department of Human Resources on any new positions that have been approved in their budget for review and classification.. A current organizational chart, a draft job description and JAT completed by the Department Director and supervisor for each new position will be submitted to the Department of Human Resources.

4-3 Revised: 12/01/18 Chapter 5: SALARY ADMINISTRATION

Grade and Salary Structure It will be the duty of the Director of Human Resources to maintain a system of salary administration which is fair and equitable, and that the Director will, from time to time, provide periodic salary surveys and recommend changes to the County's system through the County Administrator. Each position will be assigned an appropriate grade and salary based on the following factors:

1. Leadership

2. Working Conditions

3. Job Complexity

4. Decision Making

5. Working Relationships

In addition, each position will be reviewed for:

1. The relationship to other positions in the Department and the similarity to other County positions;

2. The financial policies and budgetary restraints of County government;

3. The recruiting and retention experience of the County; and

4. The prevailing rates of pay in both public jurisdictions (of similar size and status) and private sectors.

Rates of Pay Entrance Rates: The entrance pay rates will normally be the base rate of the salary range prescribed for the grade. . Occasionally, in order to recruit the best and most qualified talent, it may be necessary to approve a starting salary above the base salary. Starting salaries above the base salary will be based on qualifications, salary, and availability of candidates. In these cases and where funding for the position allows, authority to approve entrance pay rates will be as follows:

a. Hiring Department Directors may approve entrance pay rates up to 10% above the minimum (starting) salary of a grade.

b. Upon recommendation of the hiring Department Director, the Director of Human Resources may approve entrance rates up to the midpoint of the grade, if necessary, to allow additional flexibility.

c. The County Administrator may approve entrance pay rates above the midpoint of the grade.

All entrance pay rates above the base pay rate for the grade are subject to sufficient available funding.

Overtime: All overtime work which is to be compensated by overtime rates of pay will be approved in advance in accordance with the Charles County Overtime Policy.

General Department Directors will avoid unnecessary expenditures of premium pay for foreseeable peak workloads by judicious use of part-time employees, by establishing appropriate working hours or work week schedules (See Chapter 21, by developing annual work schedules and calendars to accommodate unique situations, and by exercising control, where feasible, over workload peaks and lows. Cost effectiveness is an inherent responsibility of the Department Directors which cannot be neglected or delegated, and is a significant criterion of performance. Overtime work will be distributed equitably, commensurate with competence to perform the work required.

Employees may be required to work overtime hours as necessitated by work related conditions. If at all possible, reasonable notice of overtime requirements will be provided to the employee. In unforeseen emergency situations, employees may be required to work overtime with little or no notice (see below).

Employees in non-exempt positions are not expected to, or permitted to, do any work of any type including but not limited to, reading, writing, checking County e-mail, checking County voice mail, returning County phone calls, or other County business related electronic communications outside of regular business hours, without prior approval from their supervisor. Employees in non-exempt positions must record on their timesheets all time spent conducting County business outside of regular business hours including all electronic communications. Employees failing to follow these requirements may be subject to disciplinary action, up to and including termination of employment.

Policy It is policy of Charles County to comply with the Federal Fair Labor Standards Act of 1938 as amended effective June 30, 2016. A current listing of exempt and non-exempt positions will be available in the Department of Human Resources.

Non-Exempt Positions Hours which have not been designated as emergency work and are worked by employees staffing non-exempt positions up to forty (40) hours in a seven (7) day work week, will be compensated at a regular rate of one (1) times the employee's regular rate of pay, or may be compensated by the accrual of compensatory leave at an hour for hour accrual rate (for emergency work see below).

Overtime worked by employees staffing non-exempt positions in excess of forty (40) hours in a seven (7) day work week must be compensated at a premium rate of at least one and one-half times the employee's regular rate of pay or may be compensated by the accrual of compensatory leave at a time and one-half rate through agreement of employment (See Chapter 14). The regular rate of pay includes shift differential, on-call premiums and other similar bonuses.

According to the Fair Labor Standards Act (FLSA), whenever a non-exempt employee works over 40 hours in a workweek, the employee must be paid for the first 40 hours worked in cash. Non-exempt employees may be paid in cash or compensatory time at the overtime rate for time worked above 40 hours. A non-exempt employee who works in excess of their regular schedule (e.g., 30 – 39 hours up to 40 hours in a workweek) must be compensated in either of the following ways:

· Compensatory time equal to the number of hours worked over their regular schedule up to 40 hours in the workweek (provided that the actual hours worked do not exceed 40 hours in the workweek), or

· Cash payment at their regular hourly rate for time worked in excess of their regular schedule up to 40 hours in the workweek.

When calculating overtime, hours charged to annual, sick and other paid leave are not included in the overtime calculation.

Exempt Certain Executive, Administrative, Professional and Recreational employees are exempt from mandatory overtime compensation. Employees staffing exempt positions may be eligible to accrue compensatory leave at an hour for hour rate for overtime worked, in accordance with the County's Compensatory Leave policy. (See Chapter 17)

Employees staffing positions in grades 118 or higher and 16E or higher are not eligible to earn compensatory leave under any circumstances. However, as a result of an emergency situation, Department Directors may authorize paid administrative leave when appropriate.

Emergency Hours Employees may be required to work additional hours in response to emergency situations. Department Directors are charged with responsibility for determining what personnel are needed to respond to the emergency. Those employees who are required to work due to the nature of the emergency and type of services required for hours that are not immediately preceding or following the regular schedule will earn a minimum of two (2) hours of compensation.

Emergency status will not apply to essential service personnel who are regularly scheduled in advance, nor to emergencies which arise during the course of the schedule.

When County employees are required to work in response to an emergency, they will be compensated with emergency pay as follows:

1. Non-Exempt: Employees staffing non-exempt positions will be eligible to receive time and one-half payment or an equivalent accrual of compensatory leave for hours actually worked in response to the emergency, when they are called in or required to work during scheduled "off" hours.

2. Exempt: Employees staffing exempt positions in grades 117 or below will be eligible to receive additional regular pay or accrue an equivalent hour for hour amount compensation time for hours actually worked in response to an emergency, which are outside of the employee's regular schedule. Department Directors may approve the payment of additional regular pay per their departmental budget, County funding or emergency response authorization.

Employees staffing positions in grades 118 and higher or 16E or higher are not eligible for compensatory leave accrual.

Authority

1. If approved in the departmental budget, County funding or emergency response authorization, Department Director may authorize the payment of emergency pay or overtime for non-exempt employees. Pay for overtime worked will be approved in units of not less than fifteen (15) minutes.

2. If approved in the departmental budget, County funding or emergency response authorization, Department Director may authorize the payment of additional regular pay for exempt employees in grades 117 or 15E and below and in support of an emergency.

3. Authorization to work which results in the payment of overtime or emergency pay must be given in advance and must subsequently be recorded on the employee's time sheet. The record must present justification and whether unforeseen emergency work was required. Department Directors may prescribe in writing conditions where subsequent approval may be granted. Unauthorized overtime work is prohibited and may be cause for disciplinary action.

Reporting and Record Keeping Work schedules, time sheets and earning records must be retained for a period of three (3) years after an employee terminates employment or longer if required by federal, state or other regulation.

These records will be maintained on authorized time keeping and leave record forms which are:

1. Time Card: Non-exempt employees who have access to a time clock must record the hours they work each day on a time card using the time clock. Premiums earned during the week such as overtime, shift differential, on-call premiums, or emergency pay must be noted and justification provided on the card. If an employee fails to clock in on a regular basis, disciplinary action may be taken.

These records must be maintained in the Department.

2. Time Sheet: Non-exempt employees who do not have access to a time clock and exempt employees who are eligible to earn compensatory leave time record the hours they work each day on a time sheet. Premiums earned during the week such as overtime, shift differential, on-call premiums, emergency pay, or additional regular compensation for non-exempt and exempt employees must be noted and justification provided on the sheet. Approval and authorization for additional regular compensation for exempt employees must be in writing and retained with the appropriate time sheet(s).

These records must be maintained in the Department.

3. Payroll Hours Entry: The time keeper in each department inputs the data into the County’s automated payroll system as defined by the Department of Fiscal and Administrative Services. It is the responsibility of the Department Director or their designee to verify the accuracy of the record and approve for payment.

Shift Differential . Shift differential applies to County Departments that are required to operate on a 24 hour basis because of the nature of the services they provide. Employees who are regularly scheduled to work a shift which begins between the hours of 12:00 noon and 12:00 midnight will be eligible to receive a shift differential for each hour actually worked on the shift.

Funding for shift differentials will be as provided through the annual budgeting process and payment of shift differentials will be approved by the Department Director in accordance with the following requirements:

1. For employees staffing non-exempt positions, shift differential payments will be included in figuring the employee's overtime rate in accordance with the Salary Administration chapter. The overtime rate will be one and one-half times the regular rate plus the shift differential.

2. Shift differentials will be paid only to those employees who are scheduled to begin work between the hours of 12:00 noon and 12:00 midnight.

3. On-call duty is not considered a scheduled shift of work.

4. Shift differentials will be paid only for hours actually worked and are not added to sick pay, holiday pay, vacation pay or any other pay for which work is not actually performed.

5. Hours worked as a continuation of shift beyond its normal hours are overtime for that shift, not hours in the next shift, and therefore, do not qualify for payment of shift differential.

6. Hours worked in response to emergency calls are not eligible for payment of shift differentials.

On-Call Premium There are certain county departments that are required to provide 24-hour coverage to respond to emergency situations should they arise. Employees who are scheduled to be on-call for emergency work will be eligible to receive on-call premium pay for each eight-hour period during which the employee is assigned to be on-call. Employees who are assigned to be on-call are not confined to their homes and may come and go as desired, but they must leave word as to where and how they may be reached. On-call employees must be able to respond to an emergency situation in a timely manner, as defined by the department.

Funding for on-call premiums will be arranged through the annual budgeting process and payment of on-call premiums will be approved by the Department Director in accordance with the following requirements:

1. Employees staffing positions classified in grades 118 or higher and 16E or higher will not be eligible for on-call premiums.

2. For employees staffing non-exempt positions, on-call premiums will be included in figuring the employee's overtime rate found in the Salary Administration Chapter.

3. On-call status must be scheduled in advance on the authority of the Department Director.

4. Employees who are scheduled to be on-call must be available to timely respond to a request for assistance either by telephone or by a paging device.

5. On-call premiums will be approved for payment only for those eight-hour periods an employee is both scheduled and available for the on-call assignment.

6. Employees who are called and report to work will receive remuneration for the hours worked in accordance with the Salary Administration Chapter on Overtime.

Separation Pay: Upon an employee's separation from the County service, they will be paid for all salary due, and will be reimbursed in a lump sum payment for the number of days of earned and accrued annual leave, up to 45 days, and also any accumulated and unused PTO computed at the hourly rate of pay earned at the time of their separation. Compensatory leave accruals will be paid only to employees staffing non-exempt positions. Separation pay will in no event be used to extend the employment period beyond the last day physically worked, unless approved by the County Administrator.

Rate of Pay: The rate of pay will not be affected by any services performed in addition to or differing from the usual duties of any particular classification which have been temporarily assigned to an employee, unless appointed to an acting assignment in accordance with the policy and as recommended by the Department Director and approved by the County Administrator. The effective date of acting assignments will be the first full pay period following the approval of the assignment (see page 5-4). Comment by Megan Donnick: Confirm chapter/page #

Maxed Out Rate of Pay: An employee who is earning more than the maximum of the established salary grade for their position will continue at that rate, which will be maxed out. Employees whose salaries are maxed out will be eligible for recommended cost of living increases and longevity awards, but not for within grade salary increases.

Charles County Government complies with the salary basis requirements of the Fair Labor Standards Act, and prohibits all supervisors from making any improper or unauthorized deductions from the salaries of exempt employees.

If an employee believes that an improper deduction has been made to their salary, the employee should immediately report this information to their direct supervisor or to the Payroll Office in the Accounting Division.

Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deduction made.

Merit Increases Employees may advance within their salary range until they reach the maximum of their grade if job performance as rated on the performance appraisal is 3.0 or higher. Merit increases will be equivalent to 3% of the midpoint of the employee's assigned grade. Portions of a merit increase that exceed the maximum amount in a salary grade, will be paid as a longevity award. An employee whose job performance is rated 2.99 or lower will not be eligible to receive a within grade salary increase during that fiscal year.

Pay for Performance/Incentive Pay: The County Administrator may, from time to time, recommend a pay for performance system or such other systems of financial incentives and rewards, as they may deem appropriate, for all or certain classes of work at their discretion. Such systems, if proposed, will be designed to further productivity, differentiate between performance, and recognize achievement of individuals or units, and will be subject to the approval of the County Commissioners.

Eligibility: All full-time employees working in County Government departments covered by the scope of the Charles County Government Personnel Policy and Procedures Manual are eligible for merit increases when budgeted. Merit increases are effective the first day of the pay period after the employee’s anniversary date.

An employee who is on an approved leave of absence without pay on the date they would otherwise be eligible for a salary increase consideration, will be considered for the increase effective on the first date of return to active work.

Employees must be actively at work for more than half of the review period to be eligible for a salary increase consideration.

Longevity Award Program A Longevity Award Program is provided to recognize the service performed by County employees who have reached the maximum amount in the salary grade established for their position.

Employees whose salaries have reached, or exceed, the maximum of the grade (Maxed Out Rate of Pay) are eligible to receive longevity awards and cost of living adjustments only.

Consideration for a longevity award will occur at the first anniversary the employee is not eligible for a merit increase and thereafter on their anniversary date, and will be awarded to those employees whose performance rating is not less than 3.0 subject to funding (see Charles County Government Grade/Salary Scale for current fiscal year information).

Longevity awards of 3% of the midpoint of the employee's assigned grade will be paid in a lump sum amount. It is not added to the employee’s salary.

Transfer An employee who is administratively transferred or transfers through the recruitment process from one position to another position at the same grade level will retain the same salary.

An employee who applies for and is hired into another position that is on a different payscale, will have their grade evaluated. An employee moving from the C Scale (2184 hours) to the E Scale (2080 hours) or vice versa will receive the regular 6/9/12% increase or decrease in pay, depending on whether it’s a promotion or demotion. An employee going from the A Scale (1950 hours) to either the C or E scale will xxxxx.

Demotions There are three types of demotions: administrative, voluntary and disciplinary.

Administrative demotions may be approved by the County Administrator, when deemed in the best interest or to accommodate the needs of the County or the employee.

Employees demoted administratively shall receive their present salary. If this salary exceeds the maximum salary for the salary grade of the new position, the employee's salary will be maxed out.

A voluntary demotion consists of employees who accept a demotion for failing to be able to continue their current job duties (e.g. losing their Charles County driving privilege) or apply for a lower graded position. Sliding scale to use is listed below.

An employee who is selected through the recruitment process for a lower graded position will receive a decrease in pay according to the sliding scale listed below:

An employee unable to perform their essential job functions and voluntarily accepts a demotion will also use the sliding scale below.

Disciplinary demotions are part of the disciplinary process. An employee demoted for cause will also use the sliding scale below. Further details about disciplinary demotions are covered in Chapter 10, Disciplinary Actions.

Sliding scale to be used for voluntary and disciplinary demotions:

If the demoted employee’s salary is higher than the maximum pay on the salary scale even with the percentage decrease, the employee’s salary will be further reduced to the maximum salary of the grade for that position.

Promotion An employee who is promoted competitively to a new position in a grade higher than the current position will receive an increase according to the following sliding scale:

For employees who qualify and, in an effort, to reward above average performance and years of service, the following increases will occur after the calculation is completed in the table above.

The employee’s salary would increase according to the sliding scale, or the minimum of the new, higher grade, whichever is greater (percentage increase or minimum of grade). The salary increase cannot place the employee’s pay above the maximum salary of the new grade. If a promoted employee’s salary increase would surpass the maximum of the grade, the increase will be limited to the maximum salary of the grade.

Promotions will be effective the first full pay period following the approval of the promotion.

Career Ladder Classifications There are some classifications that are part of a career ladder series. Individuals in these classifications may be promoted based on attaining specified requirements and work performance. The additional requirements are described in the job descriptions. When an employee in a career ladder position attains the requirements of the next level position, it is the responsibility of the Department to determine eligibility for promotion. After confirmation of completion of requirements, the Department Director will submit an interoffice memorandum to the Director of Human Resources. The Department of Human Resources will confirm satisfactory completion of requirements and send notification to the affected employee.

When a vacancy occurs in a career ladder, the position will be advertised at the entry level of the career ladder. A Department Director who wishes to advertise a vacant career ladder position at a level higher than entry-level shall submit a written request justifying the request for an exception to the Director of Human Resources for approval by the County Administrator.

Acting Appointments Appointment to acting capacity is generally the most appropriate means of meeting a situation requiring the temporary service of an employee in a higher grade position. It may be used, for example, when an employee has to perform the duties of a position during the extended absence of the incumbent, to fill a key position which has become vacant until a regular appointment is made, to assume responsibility for an increased workload for a limited period, or when deemed in the County's best interests by the County Administrator. An internal memorandum should be submitted by the Department Director to the County Administrator with a copy to the Director of Human Resources and the Director of Fiscal and Administrative Services detailing the necessity and reason and providing the appropriate dates of service.

Criteria: Employees may be assigned acting capacity pay for no more than six (6) months unless the acting appointment is extended by approval of the County Administrator. When an employee is assigned to a position where they are expected to perform the duties for a period of not less than four (4) weeks and no more than six months, acting capacity pay may be authorized effective upon assignment to the position by the County Administrator on a non-competitive basis. However, pay adjustment will only occur after the employee has served a minimum of four (4) weeks and will be retroactive.

Acting appointments may be approved for the following reasons:

1. The temporary, long-term absence of an incumbent;

2. A vacancy for which the normal recruitment procedures have been unsuccessful or a vacancy which may exceed three (3) months;

3. Because of absence of a key position which must be maintained; or

4. As deemed appropriate by the County Administrator in certain circumstances.

Termination of Acting Appointment: An employee will return to their regular position, grade and salary, as if the acting capacity pay had not been awarded, when:

1. The period of duty has been completed, or

2. Services within the higher grade are no longer required.

Pay:

1. Upon Appointment: Employees filling a higher-grade position through an acting appointment will have their rate of pay temporarily adjusted to provide them with an increase according to the following sliding scale.

The increase must result in at least the minimum salary of the higher, acting grade position and the resulting salary cannot exceed the maximum of the higher grade.

Acting Appointments that do not result in a grade increase will not be eligible for a salary increase.

2. Salary Increase Pay during acting appointment: Should an employee's anniversary date occur during a period of acting appointment, the salary increase will be based on the employee's acting appointment pay. At the conclusion of the acting appointment, an employee's rate of pay will revert to their former salary before the appointment with the inclusion of a salary increase within grade. If an employee serving in an acting appointment is then hired for that position, the merit increase the employee received will not revert back; the employee will retain the merit increase received during the acting appointment.

3. Paid Leave: If an employee in an acting appointment is absent on pre-approved leave, pay for that leave will be based on their acting pay salary.

4. Non-Exempt to Exempt: If an employee in a Non-Exempt position serves in an acting appointment for an Exempt position that is grade 117 or below or 15E or below, the employee will not be eligible for overtime while serving in the Exempt position. The employee would be compensated for additional time worked with compensatory time. If the employee is acting in a position grade 118 or higher or 16E or higher, the employee will not be eligible to earn overtime or compensatory leave while serving in the acting position.

5. Upon Termination: Upon termination of the acting appointment, employees will be returned to their original grade at the salary as if they had not received the acting appointment.

Administrative Transfer An employee is usually hired to fill a particular position in a specific office or location. However, the County may transfer or assign employees to any position, office, or location that the need or best interest of the County dictates. Such transfers and assignments may be temporary or permanent. No employee will suffer any decrease in salary as a result of such transfer or assignment, nor will an employee be expected to perform duties beyond their capabilities.

Employees who are transferred because of inability to perform the duties of a position in a specific location may be placed on probation following the transfer. No probationary period will be required for employees transferred in the same class and grade solely to meet operational needs or for personal reasons unless they are on probation in their current position, in which case they will be required to remain in such status for the duration of the initial probationary period prior to transfer.

Upon written approval of the Director of Human Resources, a Department Director may, at any time, when in the best interest of the County, transfer an employee and/or an approved position within the same department.

Department Directors may approve the rotation of employees and crews within a division.

The County Administrator may approve the transfer of an employee and/or an approved position from one department to another should circumstances so warrant on either an acting or permanent basis.

An employee may request a transfer to any position of the same grade through the normal recruitment process.

Reorganization A reorganization is the transfer of functions and/or positions from one organizational unit to another, or the receipt of new functions and/or positions within County government. Reorganizations may assist in streamlining government operations and increase efficiency or assist in facilitating the day to day operations of County government and/or the resolution of certain personnel matters.

The County Administrator, upon recommendation of the Director of Human Resources, may approve reorganizations that include creating new positions that replace existing positions, transferring positions within and across departments, and reclassifying positions. The Department of Human Resources will review proposed reorganizations including any change to position function, job description, title, and grade. The Director of Human Resources will then make a recommendation to the County Administrator. The County Administrator is authorized to create, abolish, transfer and modify positions and functions within and across departments, provided that no net new full-time positions are added to the approved position complement and sufficient funding exists within the approved budget for that fiscal year. In the event a reorganization requires an appropriation of additional funds or results in a net increase of approved full-time positions to the approved position complement, the reorganization will require approval from the Board of County Commissioners. The County Administrator will notify the Board of County Commissioners of all reorganizations that include the transferring of positions and/or functions between departments.