Sec. 40-296. - Appointed service—Salaries of department heads.

(a)

The mayor, in his or her annual budget submission to city council, shall set forth a declared salary rate for all department heads, which may be adjusted annually and/or as approved by city council.

(b)

When the mayor appoints a department head, the mayor shall evaluate the qualifications of the appointee, including experience, training and familiarity with the job, and from this evaluation determine the initial salary of that individual. Except under extraordinary circumstances, the salary shall not be greater than the declared rate as set forth above, and in no event shall be less than 80 percent of the declared rate. More specifically, the salary shall be determined as follows:

(1)

Minimum acceptable qualifications for the position, 80 percent of the declared rate.

(2)

Maximum qualifications, including familiarity with position, 100 percent of declared rate.

(3)

Qualifications between minimum and maximum, 80 percent to 100 percent of the declared rate.

(4)

If a potential appointee for the position of department head presents extraordinary qualifications, the mayor may, with councilmanic approval, increase the pay rate for that individual above the declared rate as stated in the budget ordinance.

(c)

If the mayor establishes an initial salary for an individual department head which is less than 100 percent of the declared rate, the mayor shall have the discretion to adjust this salary upward to the declared rate, in increments of not greater than ten percent of the declared rate, at intervals of not less than six months.

(d)

If city council authorizes a general pay adjustment that, by its terms, is applicable to appointed personnel, the respective declared rates and compensation of department heads shall be adjusted in accordance with the general pay adjustment.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-297. - Same—E/M pay plan.

All members of the appointed services are subject to the E/M pay plan with the exception of those designated "EXT" (exception or exempt) in the position allocation list.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-298. - Same—Conditional offers of employment; medical examination.

A physical/medical examination shall be given to all E/M program candidates to whom a bona fide offer has been made, as a condition of employment. Such examinations shall be made at the city's expense by a duly licensed physician or other competent authority designated or approved by city council. The examining physician or other authority shall determine whether the candidate is able to perform the functions of the position in which s/he is to be employed.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-299. - Elected and appointed services—Vacation accrual.

(a)

All paid vacations shall be earned and paid as follows:

(1)

One and one-half working day per month during the first six months of continuous employment.

(2)

One and one-half working day per month after the completion of the first six months of continuous employment until the next January 1st. Each January 1st thereafter, s/he will be credited with 18 days of vacation for the calendar year, until the completion of four years of continuous service (i.e., the day beginning the employee's fifth year of employment), at which time the employee will be credited with an additional three days of vacation for a total of 21 days for the year.

(3)

Each January 1st thereafter, s/he will be credited with 21 days of vacation for the calendar year, until the completion of eight years of continuous service (i.e., the day beginning the employee's ninth year of employment), at which time the employee will be credited with an additional four days of vacation for a total of 25 days for the year.

(4)

Any employee who is reelected, rehired or reinstated to city employment shall earn vacation time on a pro-rata basis in the first calendar year of such employment. However, if the employee was paid out for vacation at the time s/he left city service, s/he shall accrue no vacation time in the first year of reemployment.

(5)

Accumulation of vacation time or service credit shall be based upon service with the city only; any time or service in the employ of any other political subdivision of the state shall not apply.

(6)

Employees reelected or rehired to city employment who have at least four years of continuous service in a regular position(s) shall receive credit for all prior employment for purposes of vacation accrual. Rehired employees with less than four years of service in a regular position(s) shall not receive credit for prior service.

(b)

Upon ten working days written notice by an eligible employee, and approval of the employee's immediate supervisor and the director of personnel or designee, the city will provide vacation pay in advance to the employee.

(c)

If a holiday falls within an employee's scheduled vacation period, the employee shall receive holiday pay and the holiday shall not be counted as vacation time.

(d)

Vacation preferences shall be granted in accordance with operational requirements.

(e)

Vacation pay shall be at the employee's base rate of pay.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-300. - Same—Vacation carryover.

Members of the elected and appointed services may carry over a maximum of 15 vacation days into the following calendar year. In extenuating circumstances, and with specific and substantial justification, the director of personnel may approve vacation carryover of more than 15 vacation days, provided the request was made before the end of the calendar year from which the days are carried over, and the vacation days are used within the calendar year into which they are carried.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-301. - Same—Combined leave payout.

(a)

Elected service members who are removed from office and appointed service members who are terminated for cause shall have no claim for accumulated combined leave.

(b)

Eligible members of the elected or appointed service, or the estates of employees who die while employed by the city, and who have accumulated between 30 and 100 days of combined leave will receive $25.00 per day for each day of accumulated combined leave. Employees who have accumulated between 101 and 240 days of combined leave will receive $30.00 per day for each day of accumulated combined leave.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Secs. 40-302—40-315. - Reserved.