§ 2.48.034. Administration of management and confidential compensation plan.
(a)
The board of supervisors shall, by resolution, designate the county positions which come within the following management or confidential classes:
(1)
General management;
(2)
Operations and staff management;
(3)
Confidential.
(b)
Compensation of management classes and confidential employees shall be set as follows:
(1)
The board of supervisors shall, by resolution, set the rate or range of compensation for the management classes and confidential employees as follows:
a.
Elected officials shall be compensated at a flat salary rate.
b.
Appointed department heads shall be compensated by placement in a salary range calculated in accordance with subsection (g) of this section.
c.
All other general management employees shall be compensated by placement in a salary range calculated pursuant to Section 2.48.180.
d.
Operation and staff management employees shall be compensated by placement in a salary range calculated pursuant to Section 2.48.180.
e.
Confidential employees shall be compensated by placement in a salary range calculated pursuant to Section 2.48.180.
(2)
In determining prevailing wage pursuant to Section 2.48.180 for unrepresented confidential employees and unrepresented management classes, such wages may be computed in a manner similar to the manner used to determine prevailing wage for recognized employee organizations.
(c)
Determination of Salary for Appointed Department Heads.
(1)
The county administrative officer may set the salary received by an appointed department at any point within the salary range. The salary shall be set after an evaluation based on merit and performance.
(2)
The determination of a specific amount of salary within the salary range is within the discretion of the county administrative officer and may remain fixed or be increased notwithstanding a satisfactory or better evaluation. The salary may be reduced after an improvement needed or unsatisfactory evaluation.
(3)
The county administrative officer shall evaluate each appointed department head before his/her anniversary date.
(4)
When the salary range of an appointed department head is changed pursuant to subsection (g) of this section, the salary received shall be changed to a figure within the new range which permits the appointed department head to maintain the same relative position as in the old range.
(d)
Determination of salary, unless otherwise provided by an approved valid memorandum of understanding, for confidential employees (excluding attorney classes), operations and staff management employees and those general management employees other than appointed department heads and elected officials, shall be made as follows:
(1)
A department head may set the salary received by his/her general management, operations and staff management or confidential (excluding attorney classes) employees at any point within the salary range. The salary shall be set after an evaluation based on merit and performance.
(2)
The determination of an amount of salary within the salary range is within the discretion of the department head and may remain fixed or be increased notwithstanding a satisfactory or better evaluation. The salary may be reduced after an improvement needed or unsatisfactory evaluation.
(3)
The department head shall evaluate each general management, operations and staff management or confidential (excluding attorney classes) employee before his/her anniversary dates as provided in Section 2.48.030(6).
(4)
When the salary range of a general management, operations and staff management or confidential (excluding attorney classes) employee is changed pursuant to Section 2.48.180, the salary received shall be changed to a figure within the new range which permits the general management, operations and staff management or confidential (excluding attorney classes) employee to maintain the same relative position as in the old range.
(5)
Any general management, operations and staff management or confidential (excluding attorney classes) employee who is promoted shall receive a salary in the new salary range so as to provide no less than a five percent increase in pay over the pay previously received; provided, however, that such increase shall not exceed the highest salary of the range allocated to the new classification.
(6)
Any general management, operations and staff management or confidential (excluding attorney classes) employee who is demoted, reemployed, or voluntarily reduces shall be placed in a position within the new range as may be recommended by his/her appointing authority and approved by the county personnel director. Except for a voluntary reduction to a class which the employee has not held in permanent status, such placement shall permit the employee to maintain the same relative position as in the old salary range.
(7)
When, as a result of a reclassification study, the salary of the new class for general management, operations and staff management or confidential (excluding attorney classes) employees is lower at the maximum than the salary of the former class, the incumbent shall continue to receive a salary no less than previously received, and shall be placed on a step in the new class which has a salary closest to but not more than received in the old class, and shall be eligible for a step increase in compensation after the next anniversary date; provided, however, that the increase shall not exceed the top of the range of the new class.
(e)
Anniversary Dates. Except for elected officials, the county personnel director shall establish anniversary dates for the general management, operations and staff management and confidential employees. The first anniversary date shall be the date following completion of the equivalent of six months full-time service in the class, except for those employees appointed at a step other than step one or the beginning of the range whose anniversary date shall be the day following the completion of the equivalent of one year of full-time service at such step. Succeeding anniversary dates shall be at intervals equivalent to one year of full-time service following the first anniversary date or at intervals equivalent to one year of full-time service following a change in salary based on an evaluation.
(f)
Appeals shall be treated as follows:
(1)
All classified civil service employees in general management and operations and staff management classes, and confidential employees, may appeal the results of a performance evaluation pursuant to the civil service rules.
(2)
Appeals from a determination of salary pursuant to subsections (c) or (d) of this section are separate and distinct from performance evaluations. Such appeals from a determination of salary shall be directed to the county administrative officer and his decision shall be final; however, appointed department heads may appeal a salary determination directly to the board of supervisors and their determination shall be final.
(g)
The salary range for appointed department heads shall be determined as follows: The board of supervisors declares that because of the special relationship of trust and confidence between the board of supervisors and its appointed department heads, and because this relationship is inconsistent with arm's length negotiations, a specific formula for computing salary ranges is necessary when information is available. The board of supervisors interprets Section 2.48.180 to permit use of a formula for determination of prevailing wage for department heads. This interpretation shall not bind the board of supervisors or its representatives to use, or nonuse, of any formula of determination of prevailing wages for any other classes. Salary ranges for appointed department heads shall be set to maintain equitable internal relationships and shall, when information is available, be computed in accordance with the following formula:
(1)
The range of salary for appointed department heads shall be the composite average salary with ten percent being added to the composite average salary to determine the highest salary of the range and ten percent being subtracted from the composite average salary, to determine the lowest salary of the range.
(2)
The composite average salary shall be determined as follows:
a.
The county's management representative for employee relations shall, pursuant to Section 2.48.180, examine the compensation paid by comparable employers with the same quality of service rendered to persons, governmental agencies, firms or corporations under similar employment, based on an analysis of the job duties, tasks and responsibilities of the various positions.
b.
Where a comparable employer provides compensation within a salary range, the simple arithmetic average shall be calculated by adding the entry level salary for that classification to the highest salary on the range for that classification and dividing by two.
c.
Where a comparable employer provides a compensation as a flat salary, it shall be deemed the simple arithmetic average for that employer.
d.
The simple arithmetic average for each comparable employer, where a similar position exists, shall be added together and that sum divided by the number of averages considered. The results shall be the composite average salary of comparable employers.
(3)
The composite average salary for appointed department heads may be adjusted in a manner similar to that by which prevailing wage for represented units is computed.
(h)
Incentive Payment.
(1)
The board of supervisors, upon recommendation of the county administrative officer, may provide an incentive payment up to five percent in excess of the salary paid pursuant to this section for general management, operations and staff management and confidential employees when it has been determined that said employee has performed in a manner which exceeds the standards normally associated with job performance and significantly contributed to the overall efficient operation of the county, or for other compelling reasons, such as salary compaction or recruitment difficulties.
(2)
Furthermore, the incentive payment shall not continue for more than one year unless the board of supervisors, upon recommendation of the county administrative officer, makes a determination that the employee has continued to perform in a manner which exceeds the standards normally associated with job performance and significantly contributes to the overall efficient operation of the county.
(Ord. 3061 § 2 (part), 2005; Ord. 2814 § 2, 1997; Ord. 2680 § 1 (part), 1994: Ord. 2406 § 1, 1989; Ord. 2318 § 5, 1987; Ord. 2110, 1982; Ord. 2072 § 9, 1981: Ord. 2025 § 5, 1980: Ord. 1881 § 2, 1978)