§ 2-29. Compensation and evaluations.

(a)

Pay plan and job classification plan. Employees shall be paid in accordance with the pay plan and job classification plan formulated by the city manager and adopted by the city council. The city's job classification plan shall indicate whether an employee's position is designated as exempt or non-exempt for purposes of determining eligibility for overtime pay or compensatory time off.

(b)

Payroll schedule. The city manager shall determine the applicable pay period and payroll schedule for all city employees.

(c)

Payroll deductions. The city is required by law to make certain deductions from an employee's paycheck, including for various payroll taxes, court-ordered garnishments, retirement contributions and statutorily-required wage attachments. These deductions will be itemized on an employee's paycheck and will depend on each employee's earnings and the information furnished on the employee's W-4 form regarding the number of dependents and/or exemptions claimed.

Employees shall have the right to make a written request for other deductions to be made from their paychecks, such as premiums for voluntary or cafeteria plans, provided that at least twenty-five (25) percent of all eligible employees participate as a group. Otherwise, employees shall individually make payment and collection arrangements with the insurance carrier. To the extent an employee owes money to the city, the city will make a payroll deduction in the amount owed to the city directly from the employee's earnings, subject to applicable law.

(d)

Overtime/compensatory time off. Employees are expected to perform and complete their duties during the city's normal business hours. However, on occasion employees may be required to work in excess of the city's normal workweek, which is generally forty (40) hours. Employees shall be expected to work overtime when necessary and as directed and approved by their supervisors. Employees may be subject to disciplinary action for failing to stay or report for overtime work, or for working overtime without their supervisor's directive or prior approval.

Non-exempt employees .

For non-exempt employees, (other than firefighters), all actual hours worked in excess of forty (40) hours per workweek shall be considered overtime. For employees engaged in fire protection activities, all actual hours worked in excess of the city's defined work cycle (e.g. 212 hours in a 28-day cycle) will be deemed overtime. A non-exempt employee who is on vacation, sick leave, civic leave, etc. during the workweek is not performing actual work and those hours will not count towards the total hours worked during the workweek for purposes of computing overtime.

Overtime hours must be paid at a rate of one and one-half (1½) times an employee's regular rate of pay. However, as an alternative allowed under federal law, the city has elected to award certain non-exempt employees compensatory time off in lieu of overtime compensation. Compensatory time off shall be awarded at the rate of one and one-half (1½) hours for each overtime hour worked in a workweek, subject to the limits established under the FLSA (e.g. two hundred forty (240) hours for non-public safety personnel; four hundred eighty (480) hours for public safety personnel). Hours in excess of the limits for banked compensatory time shall be paid at the overtime rate of one and one-half (1½) times the employee's regular rate of pay.

The city manager shall determine which departments receive overtime pay and which departments shall be awarded compensatory time off.

Use of compensatory time off .

Department heads and supervisors shall ensure employees are permitted to use compensatory time off on the date(s) requested unless granting the request would unduly disrupt departmental operations. To the extent possible, employees and supervisors should try to schedule compensatory time off in the same workweek it is earned. The department head and director of human resources, or designee, must authorize and approve any work that will cause an employee to exceed the limits for banked compensatory time. Department heads and supervisors may require an employee to use his/her compensatory time to avoid exceeding the limits on banked compensatory time.

Exempt employees .

Exempt employees are paid a fixed amount of compensation for all duties and responsibilities required of their position. Exempt employees should understand they are exempt from overtime pay under the Fair Labor Standards Act, even if they work in excess of forty (40) hours per workweek to fulfill their duties.

(e)

Call-back compensation. On occasion, certain employees may be called back to work upon completion of the normal workday due to an emergency or some other need. In those instances, non-exempt employees who are called back to work after their regular work shift shall be paid for a minimum of two (2) hours, even if they work less than two (2) hours. If the employee works more than two (2) hours, the employee shall be paid for all actual time worked. For the purpose of overtime computation, repeated callbacks within the same two-hour timeframe shall be considered part of the first call back. If an employee is scheduled to report to work, it is not a call back.

(f)

Payment for hospitalization. Any regular full-time employee who is hospitalized for three (3) or more days due to personal illness or disability, shall be entitled to the benefit of compensation at a rate of sixteen (16) hours of pay for each full year of employment service, or twenty-four (24) hours in the case of firefighters working on the line, subject to a maximum cap of one hundred sixty (160) hours (or two hundred forty (240) hours for firefighters). This compensation benefit shall apply only when all other paid leave, including accrued hours, has been exhausted.

To claim this payment, the employee must provide proof of hospitalization and/or a certification from a medical provider. Upon receipt of compensation under this policy, an employee shall not be eligible to request this compensation benefit for any subsequent hospitalization in a one-year period.

(g)

Payment of available vacation or sick leave. Generally, the city will not authorize requests for pay in lieu of vacation or sick leave unless it is paid in connection with an employee's termination pay or in cases of financial hardship. The existence of a "financial hardship" will be determined on a case-by-case basis but generally refers to a situation in which an employee, or the employee's spouse or dependent, has an immediate and heavy financial need due to: (1) certain medical expenses; (2) payments necessary to prevent eviction from, or foreclosure on, a principal residence; (3) burial or funeral expenses; and (4) certain expenses for the repair of damage to the employee's principal residence or motor vehicle. Payment of available leave based on financial hardship may not exceed the amount of the employee's need.

Civil service employees are eligible to receive payment in lieu of available vacation hours.

Procedure .

Payment of available vacation or sick leave on account of financial hardship shall be paid only if there is available funding; the payment does not reduce an employee's sick leave balance to less than forty (40) hours; and the employee submits substantiating documentation. The department head must make a recommendation to the city manager for approval of any request for payment, except in the case of requests by the city manager, city attorney, municipal court judge, alternate municipal court judge or city auditor, which requests shall be presented to the city council for consideration and approval.

To the extent an employee's request is granted, payment will be made in the following order and manner:

(1)

Reserve sick leave hours accumulated above two hundred forty (240) hours for regular employees at fifty percent (50%) of the employee's regular rate of pay.

(2)

Sick leave hours of two hundred forty (240) hours or less for regular employees at one hundred percent (100%) of the employee's regular rate of pay.

(3)

Available vacation hours at one hundred percent (100%) of the employee's regular rate of pay.

Restrictions .

An employee who requests and receives payment in lieu of available vacation and sick leave hours shall not be eligible to request compensation due to hospitalization (see above) for a period of twelve (12) months from the date the request for payment in lieu of available leave is approved. An employee is also restricted from making another request for payment in lieu of available leave for a period of twelve (12) months from the date the first request is approved.

(h)

Longevity pay. Per state law, members of the fire department who engage in the duties of "fire protection personnel" and members of the police department who have been licensed as a peace officer by the Texas Commission on Law Enforcement are entitled to longevity pay upon completion of one (1) year of service. Such pay shall be at the statutory rate per month for each year of uninterrupted, continuous service in the department, not to exceed twenty-five (25) years. Interruptions of employment shall be those specifically caused by terminations and shall not include authorized leaves of absences. Longevity pay shall be paid in a lump sum by the end of each fiscal year.

All other city employees may receive longevity pay if funding allows, as determined by the city council. Any such payments shall be paid in a lump sum at the end of each fiscal year.

(i)

Termination pay. Upon separation from employment for reasons other than gross misconduct, regular full-time non-civil service employees shall receive the following pay and benefits:

(1)

All available vacation time;

(2)

All available sick leave up to the cap of two hundred forty (240) hours;

(3)

All accumulated compensatory time off; and

(4)

COBRA benefits, to the extent of the employee's eligibility.

In the case of employment separation due to the employee's death, the employee's accrued benefits will be paid to the employee's designated beneficiary.

Employees who separate from their employment prior to completing their probationary period are not entitled to termination pay.

Civil service employees shall be subject to the same rules for termination pay as non-civil service employees except for the limits on accrued sick leave, which shall be calculated in accordance with the city's civil service rules.

(j)

Performance evaluations. The city manager, or designee, is responsible for formulating and recommending a standard city employee evaluation form. Employees shall be evaluated by their immediate supervisor or department head on no less than an annual basis.

(k)

Promotions, demotions and reassignment. In the case of all non-civil service employees, decisions on promotions, demotions and employee reassignments shall be based on an employee's skills, abilities, and previous performance evaluations.

Promotions .

Promotion will be considered after reviewing an employee's qualifications, previous work history, and demonstrated performance in his/her current position. Upon the written recommendation of the employee's department head and approval by the city manager, the promotion shall take effect as soon as is practical without undue disruption or interruption of departmental operations.

Civil service employees shall not be eligible for promotion unless they meet the criteria set out in the city's civil service rules, as well as the eligibility criteria for fire department promotional examination and police department promotional examinations.

The notice and procedure for promotional examination of civil service employees shall be governed by the city's civil service rules, as well as the determination of promotional examination grades.

The procedure for making civil service promotional appointments and reviewing and appealing a promotional examination for civil service employees is governed the city's civil service rules.

Demotion .

In the case of non-civil service employees, a department head may make a written recommendation to the city manager for demotion of an employee under the department head's supervision or jurisdiction if the employee fails to satisfactorily meet the performance standards established for the position.

Demotion of an employee shall be accomplished by a reduction in pay with a simultaneous reduction in duties and responsibilities.

The demotion of civil service employees shall be governed by the city's civil service rules.

Temporary duties in higher/lower classification .

On occasion, employees may be assigned to work in a higher or lower classification on a temporary or interim basis due to personnel vacancies. In such case, the employee may be paid in accordance with the temporary or interim classification while performing the duties of that classification.

Civil service employees may be appointed to a higher classification on a temporary basis when a vacancy exists. Such appointments shall be governed by the city's civil service rules.

(Ord. No. 2018-27, § 1, 10-2-2018)