HomeMy WebLinkAbout024968 ORD - 07/23/2002
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE III
EMPLOYEE CLASSIFICATION AND COMPENSATION SYSTEM OF THE
CORPUS CHRISTI CODE OF ORDINANCES; REPEALING SECTIONS 39-1,
RULES AND REGULATIONS GOVERNING EMPLOYMENT OF CITY
EMPLOYEES GENERALLY; AND 39-2, CLASSIFIED SERVICE AND
EXEMPTIONS; REPEALING SECTION 39-20, MODIFICATION OF GROUP
HOSPITALIZATION PLAN. OF THE CITY OF CORPUS CHRISTI CODE OF
ORDINANCES; REPEALING ORDINANCES 17728 APPROVED BY COUNCIL ON
JULY 27, 1983, AS AMENDED BY ORDINANCE 18595 ON AUGUST 13, 1985;
REPEALING ORDINANCE 021706 APPROVED BY COUNCIL ON JULY 27,1993;
REPEALING ORDINANCE 3658, ADOPTION AND ADMINISTRATION OF THE
POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN
THE CLASSIFIED SERVICE, AS AMENDED; REPEALING ORDINANCE 8127,
ADMINISTRATION OF COMPENSATION PLAN FOR ALL POSITIONS IN THE
CITY SERVICE, AS AMENDED; REPEALING ALL OTHER ORDINANCES, AND
RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING FOR SEVERANCE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. Chapter 39, PERSONNEL, of the Code of Ordinances of the City of Corpus
Christi, Texas, is hereby amended by adding a new ARTICLE III, EMPLOYEE,
COMPENSATION AND CLASSIFICATION SYSTEM, to hereby read as follows:
Sec. 39-300. Policy.
In 2002, the City completed a comprehensive review of its employment system, which had not
been thoroughly reviewed in decades. The existing system had developed substantial internal
inequalities among classifIcations, and the pay and benefits structure was competitively
inadequate in many areas. A consultant was hired to assist the City in developing a new system
which would be internally consistent and would make the City competitive in the job market.
The consultant, in consultation with a City Staff Committee, conducted market and comparative
studies and developed a phased-in implementation plan. The City Council adopted the first
phase of the plan in its 2002 budget. It is the policy of the City, consistent with sound budgetary
management, to complete the phased plan and thereafter to continuously manage the system to
maintain internal equity and to attract and retain competent employees in the market. The City
Manager is directed to manage the personnel system to achieve these goals.
Sec. 39-301. Definitions.
As used in this Article:
City Manager includes the City Manager and his or her designee.
()2~~~)G8
FLSA means the federal Fair Labor Standards Act.
FMLA means the federal Family Medical Leave Act.
Part-time Eligible position is one assigned base hours of25.
Part-time Ineligible position is one assigned base hours ofless than 25 hours.
Temporary employee means any employee hired for a fixed term or to perform a specific task.
Full-time Employee means any employee who works 40 base hours in a regularly budgeted
position.
Sec. 39-302. Scope of Article.
This Article applies to all employees of the City. Provided, however, this Article does not apply
to fIrefIghters and police officers covered by collective bargaining agreements except to the
extent specifically stated in the collective bargaining agreements, this Article, or other City
authorization.
Sec. 39-303. Standard Classifications, Pay Grades, and Ranges.
(a) Classifications. The classifIcations of employees of the City shall include Pay Plan 900
(FLSA Overtime Eligible), Pay Plan 700 (Information Technology), Pay Plan 600 (FLSA
Exempt), Pay Plan 500 (Legal/Attorney), Pay Plan 400 (Executives), Pay Plan 300 (Police and
Fire Managerial), and Pay Plan 200 (Temporary/Part-Time), as set forth in this Section.
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(b) Pay Plan 900. Pay Plan 900 shall include all employees not classifIed in another pay plan in
this Section. Pay Plan 900 shall include positions that are not designated as exempt under the
FLSA. The City Manager shall periodically review positions to assure they are properly
classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as
follows:
Pay Plan 900
(Overtime Eligible)
Grade Minimum Maximum
911 14,609 18,626 25,059
912 15,778 20,117 25,958
913 17,119 21,827 28,164
914 18,660 23,791 30,700
915 20,432 26,051 33,615
916 22,475 28,656 36,977
917 24,835 31,665 40,860
918 27,567 35,148 45,354
919 30,737 39,190 50,569
920 34,426 43,893 56,637
921 38,729 49,380 63,716
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c) Pay Plan 700. Pay Plan 700 shall include positions focused on providing the information
technology infrastructure for the City. The pay grades and ranges for positions are as follows:
Pay Plan 700
(Information Technology)
Grade Minimum Maximum
711 19,307 28,960 42,733
712 20,948 31,422 46,365
713 22,833 34,250 50,538
714 25,003 37,504 55,338
715 27,503 41,255 60,874
716 30,391 45,587 67,266
717 33,735 50,602 74,665
718 37,615 56,422 83,253
719 42,129 63,193 93,244
720 47,395 71,093 104,901
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(d) Pay Plan 600. Pay Plan 600 shall include all positions that may be designated as exempt
from overtime under the FLSA except positions in Pay Plan 700 (Information Technology), Pay
Plan 500 (Legal/Attorney), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400
(Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows:
Pay Plan 600
(FLSA Exempt)
Grade . Minimum . Midpoint . Maximum
611 22,810 30,223 40,829
612 24,635 32,641 44,095
613 26,729 35,416 47,843
614 29,135 38,604 52,150
615 31,903 42,272 57,106
616 35,094 46,500 62,817
617 38,780 51,383 69,413
618 43,046 57,036 77,050
619 47,997 63,596 85,912
620 53,757 71,228 96,225
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(e) Pay Plan 500. Pay Plan 500 shall include positions focused on delivery of legal services,
except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in
Pay Plan 500 are as follows:
Pay Plan 500
(Legal/Attorneys)
Grade Minimum Maximum
5Il 26,865 35,596 49,055
512 29,283 38,800 53,470
513 32,065 42,486 58,550
514 35,272 46,735 64,405
515 38,976 51,643 71,169
516 43,264 57,325 79,000
517 48,241 63,919 88,087
518 54,031 71,591 98,660
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(f) Pay Plan 400. Pay Plan 400 shall include positions at the highest level of decision-making
and responsibility as follows:
Pay Plan 400
(Executives)
Grade Minimum Maximum
411 29,399 38,954 53,683
412 32,045 42,460 58,515
413 35,106 46,515 64,102
414 38,809 51,422 70,865
415 43,097 57,104 78,696
416 48,291 63,985 88,177
417 54,351 72,015 99,244
418 60,786 80,542 110,996
419 61,444 81,413 112,195
420 68,691 91,015 125,428
421 69,462 92,037 126,836
422 76,995 88,119 99,244
423 78,527 104,048 143,389
424 88,119 100,157 112,195
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g) Pay Plan 300. Pay Plan 300 shall include the management positions that are not covered in
the collective bargaining agreements or the Executive Pay Plan as follows:
Grade.
311
312
Pay Plan 300
(Police & Fire Managerial)
Minimum.
70,189
70,189
Midpoint
76,995
76,995
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-
Maximum
83,801
83,801
(h) Pay Plan 200. Pay Plan 200 shall include hourly temporary positions that are not covered in
the FLSA Non-Exempt Pay Plan. The City Manager is authorized to make changes to this pay
structure as required, such as for minimum wage changes as required by federal law.
Pay Plan 200
(Temporary/Part-Time Pay Structure)
Grade . Minimum . Midpoint .. Maximum
211
212
$5.15
$6.50
$5.15
$6.50
$5.15
$6.50
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Sec. 39-304. Classified Service Defined
The Classified Service includes all positions not exempted in this Section. The following are
exempt from the Classified Service and, therefore, are not covered by rules and regulations of the
Civil Service Board:
(a) all positions within the following pay plans: Pay Plan 700 (Information Technology), Pay
Plan 600 (FLSA Exempt), Pay Plan 500 (Legal/Attorneys), Pay Plan 400 (Executives), and Pay
Plan 300 (Police and Fire Managerial).
(b) all positions in the Mayor's office.
( c) any position that functions as the principal secretary or assistant to the City Manager, Deputy
City Manager, Assistant City Manager, Municipal Court Judge, Department Director, Assistant
Department Director, City Secretary, City Attorney, Assistant City Attorney.
(d) temporary employees.
(e) all members of the Police and Fire Collective Bargaining Unit.
Any employee serving in a position not included in the ClassifIed Services serves at will, at the
pleasure of the City Manager (or the City Council if appointed by the City Council), and shall
have and continue such at-will status notwithstanding any other ordinance, rule, or regulation of
the City. No officer or employee of the City may waive or modify the at-will status of any
position described in this Section. Provided, however, Police and Fire positions are governed by
collective bargaining agreements and state law as to job status.
Sec. 39-305. Administration of Employee Classification and Compensation System.
Consistent with the annual budget, the City Manager is authorized to and shall:
(a) administer the City's Employee Classification and Compensation System in accordance with
this Article and all applicable law;
(b) manage the System to continuously maintain internal equity and market competitiveness;
(c) create, modify, and discontinue positions as necessary to best provide services to the citizens
of the community, place those positions in the appropriate pay plan established by this Article,
reclassify positions to preserve equity, and maintain a current listing of positions in the Human
Resources Department;
(d) develop and implement rules for pay advancement within ranges and upon promotion or
transfer;
(e) develop and maintain Systems to evaluate and compensate employees based on performance;
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(f) make recommendations to the City Council regarding changes needed to this Article and
other ordinances governing personnel matters;
(g) make recommendations to the City Council regarding compensation, consistent with sound
fIscal practices.
Sec.39-306. Full-time Employees
Full-time employees shall work 40-base hours per 7-day work period.
Sec.39-307(a). Part-time Ineligible Employees.
Part-Time ineligible employees:
(a) shall be paid at an hourly rate approved by the City Manager consistent with the employee's
classifIcation;
(b) shall accrue longevity for pay advancement based only on actual hours worked;
(c) shall not be eligible for city benefIts;
(d) may be covered by the FMLA if they meet the requirements offederallaw and the City's
FMLA Policy.
Sec.39-307(b). Part-time Eligible Employees.
Part-time Eligible employees:
(a) shall be paid at an hourly rate approved by the City Manager consistent with the employee's
classifIcation;
(b) shall accrue longevity for pay advancement based only on actual hours worked;
(c) shall be eligible for vacation, sick leave, and personal leave accrual that is prorated based on
hours worked in comparison to 40 base hours and other benefits as provided in specific Sections
of this Ordinance;
(d) may be covered by the FMLA if they meet the requirements of federal law and the City's
FMLA Policy.
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Sec. 39-308. Temporary Employees.
Temporary employees shall
(a) be paid at an hourly rate approved by the City Manager consistent with the employee's
classification;
(b) not be eligible for pay advancement or City benefIts.
Sec. 39-309. Employee Coverage Under The City's Primary Group Hospitalization
Program For Eligible Employees.
(a) Temporary and Ineligible Part-time Employees are not granted group health insurance
coverage. All other employees are eligible for health insurance coverage as defined by the
City Manager and shall share the monthly cost of $21.66 with the City.
(b) Full-time employees shall contribute 50% of the cost for the dependent hospitalization
insurance. Part-time eligible employees shall contribute 75% of the cost of dependent
hospitalization insurance.
Sec.39-310. Term Life Insurance
The City shall continue to pay 100% of the cost for $50,000 basic term life insurance for all
employees holding positions in the Pay Plan 400 (Executives) and shall continue to make
available additional term life insurance for these employees on an optional basis at personal
expense. Other employees shall receive the basic $10,000.00 of term life insurance at 100% City
cost, or a greater amount of basic life insurance as determined by the City Manager in
accordance with the budget, and shall have the option to purchase supplemental term life
insurance at personal expense.
Sec.39-311. Disability Income Protection Plan
Employees who are assigned to Leave Plan I shall automatically be members of the City's
Disability Income Protection Plan and eligible to apply for extended benefIts under that plan.
Employees at age 65 may decline or discontinue participation. The member employee and the
City shall share in the cost of any level of coverage on a percentage basis as defIned by the City
Manager.
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Sec. 39-312. Retirees Participation In The City's Group Health Insurance Program At
Group Rates
City employees will be eligible to participate as retirees in the City's Group Health Insurance
Program at group rates when any of the following conditions exist: (I) when eligible for
retirement under requirements of the Texas Municipal Retirement System (TMRS); or (2) due to
disability retirement, or (3) at age 60 upon completion of a minimum of ten years of continuous
service with the City of Corpus Christi. An employee who terminates employment and does not
meet these conditions will be eligible for Group Health Insurance Program coverage under the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), provided that the
employee meets the eligibility and other COBRA requirements under this federal law.
Sec. 39-313. Lump Sum Productivity/Merit-Based Payment
The City Manager may authorize a non-cumulative lump sum payment to any employee in
recognition of improved productivity or meritorious service. Such payment shall not exceed an
amount equal to 10% ofthe employee's annual salary.
Sec.39-314. Productivity, Safety, or Incentive Programs
,
The City Manager may authorize the implementation of productivity, safety, or incentive
programs and approve departmental procedures established for the implementation of these
programs after evaluation by the Director of Human Resources, or designee, for determination of
FLSA impact on the program. When a written program established by the City Manager for the
benefIt of City operations (such as employee use of cellular telephones which includes personal
calls) also benefIts employees, the program is deemed to be part of the compensation and benefit
package for applicable employees.
Sec.39-315. Shift Differential Pay Program
The City Manager, or designee, is authorized to develop a Shift Differential Pay Program to
provide additional compensation for City employees who are required to work outside of core
business hours, on rotating shifts, and/or on weekend shifts required by City operational needs
that are ongoing 7-days per week, 24-hours per day.
Sec.39-316. Compensation of City Manager and City Secretary
The compensation and other terms and conditions for the positions of City Manager and City
Secretary shall be established by resolution or motion of the City Council. Provisions of the
City's ClassifIcation and Compensation System and related City policies and procedures
governing Executive Pay Plan employees shall apply to the City Manager and City Secretary
unless provided otherwise by resolution or motion.
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Sec.39-317. Compensation for Police Chief and Fire Chief
The City Manager may grant compensation as set out in Chapter 143 of the Texas Local
Government Code and/or the respective collective bargaining agreements in order to ensure that
the positions of Police Chief and Fire Chief are competitive.
Sec. 39-318. Discretionary Payment for Involuntary Terminations
The City Manager may authorize lump sum payments for involuntary termination, including
requested resignations, in amounts not to exceed the equivalent of six (6) month's pay for the
applicable employee.
Sec.39-319. Certification Pay for Aviation Public Safety Officers
The City Manager is authorized to approve compensation for any Aviation Public Safety Officer,
who has successfully passed his/her probationary period as required by Civil Service Board
Rules and Regulations, and who has been certified by the appropriate state and/or federal agency.
Sec. 39-320. Funeral Benefit for Employees Who Die While on Duty Due to On-the-Job
Injnries:
The City Manager is authorized to directly approve up to $8,000 in documented funeral expenses
for employees who lose their lives while on duty due to on-the-job injuries.
Sec. 39-321. Personally Owned Vehicle Allowance
(a) An employee of the City who is required to have available and to regularly operate his or her
personally-owned vehicle in the conduct of City business shall be paid as determined by
administrative procedures issued by the City Manager for mileage reimbursement.
(b) The City Manager, or designee is authorized to establish a Car Allowance Program for
officers and employees assigned to Pay Plan 400 (Executives), including Council-appointed
positions, for other positions at the discretion of the City Manager, and for the Mayor and
Council Members. Car allowances shall be within available budgeted funds.
(c) The car allowance for Pay Plan 400 officers and employees and other positions shall be based
upon allowances for comparable positions in the applicable job market, as well as upon expenses
of travel in the city and its extraterritorial jurisdiction.
(d) The car allowance for the Mayor and Council Members shall be reasonably related to official
city business and must be reasonable in relation to expenses actually incurred or to be incurred in
travel within the city and its extraterritorial jurisdiction for meetings of the council, meetings of
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city and city-related agencies, meetings with city officers and employees, town hall meetings,
meetings with citizens regarding matters within the jurisdiction of the city, attendance at
educational programs related to city business, attendance at events of community signifIcance
such as cultural celebrations and business openings, inspection of city facilities and conditions
within the city affecting the public health, safety and welfare, and other activities necessary or
desirable to enable them to best represent their constituents.
Sec. 39-322. Safety Shoe Program
The City Manager may authorize the development and implementation of a Safety Shoe Program
including the required accounting procedures to allow for the purchase of Safety Shoes through
payroll deduction with City participation in the cost of the program and including necessary
policies to defIne employee participation and cost containment measures related to this program.
Sec.39-323. Volunteers' and Election Officials' Workers Compensation Plan
Individuals working under a volunteer program approved by the City Manager, elected officials,
and persons paid for service in the conduct of an election are covered under the City's workers
compensation plan pursuant to the Texas Labor Code.
Sec. 39-324. Holidays
(a) The City of Corpus Christi has seven offIcial holidays for City Employees eligible for
benefits:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January I
Last Monday of May
July 4
First Monday of September
4th Thursday of November
Friday After 4th Thursday of November
December 25
(b) When a holiday listed above falls on a Sunday, the following business day shall be
considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday
shall be considered a holiday. In addition to the above, any day may be designated as a holiday
by proclamation of the Mayor, upon approval of the City Council.
(c) Ineligible part-time and temporary employees shall not be compensated for holidays, except
for time actually worked. Compensation for temporary and ineligible part-time employee's
holiday work will be one and one-halftimes the straight time rate.
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(d) Holiday pay is defIned as equivalent to eight (8) hours of work, except for Airport Public
Safety OffIcers who work shifts of 24 hours on and 48 hours off. Holiday pay and holiday
compensatory time for these Airport Public Safety OffIcers will be counted as 12 hours per day
with a shift equal to 24 hours. Further exceptions to a holiday defined as equivalent to 8 hours of
work may be granted by the City Manager or designee for employees who are assigned to a work
schedule that exceeds eight (8) hours per day.
Sec. 39-325. Leave Plan I Employees Dermed
Leave Plan I applies to: (a) eligible employees hired on or after August 1, 1988, and (b) eligible
employees hired prior to August I, 1988, who timely elected to participate in Plan I. These
employees may be referred to herein as "Plan I Employees". Plan I Employees shall not include:
(I) ineligible part-time employees, (2) temporary employees, and (3) Plan II employees who
return to work under the City's Reduction-in-Force Policy.
Sec. 39-326. Plan I Vacation Leave Accrual
(a) Plan I Employees, except for Airport Public Safety OffIcers who work a shift of 24 hours on
and 48 hours off, earn vacation leave on the basis of 26 biweekly pay periods and 40-base hours
per week, or if base hours are less than 40 hours per week, on a pro-rated basis. Accrual rates
are as follows:
Plan I Vacation Leave Accrual
Hours Per Year
88 Hours
104 Honrs
120 Hours
144 Hours
168 Hours
200 Hours
240 Hours
(b) Airport Public Safety OffIcers who work shifts of 24 hours on and 48 hours off earn vacation
leave on the basis of26 biweekly pay periods. For a Public Safety OffIcer working 24 hours on
and 48 hours off to be absent from work on vacation leave for one shift (24-hours), two 12-hour
days of accrued vacation leave must be taken. Accrual rates are as follows:
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Sec. 39-327. Plan I Advanced and Set Accrual Rate for Vacation Leave for Pay Plan 400,
Pay Plan 500, and Pay Plan 600
The City Manager shall have authority to grant advanced vacation days and establish an
accelerated rate of accrual for vacation leave for Plan I Employees in Pay Plan 400 (Executive),
Pay Plan 500 (Legal/Attorneys), and Pay Plan 600 (FLSA Exempt).
Sec. 39-328. Plan I Use of Vacation Leave
(a) No vacation leave will be granted to an employee until a minimum of six months of
employment have been completed.
(b) Official City holidays occurring during an employee's vacation shall not be considered or
charged as part of that vacation leave.
(c) Airport Public Safety Officers who are scheduled to work a shift of24 hours on and 48 hours
off shall have 12 hours counted as one working day for vacation leave purposes with a shift
equal to 24 hours.
Sec. 39-329. Plan I Scheduling of Vacation Leave
Each department shall keep necessary records of vacation leave accumulated and shall schedule
vacation leave giving consideration to operational need and priority, and when scheduling
conflicts arise, to employees with seniority.
Sec. 39-330. Plan I Accumulation and Carryover of Vacation Leave
(a) Vacation leave credit may be accumulated by Plan I Employees, except for Airport Public
Safety Officers who work shifts of 24 hours on and 48 hours off, to a maximum of 240 hours
plus their current annual accrual rate during the calendar year. Vacation Accrual that exceeds
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240 hours as of the last pay period of the calendar year will be forfeited if not used prior to that
date. The City Manager, or designee, may authorize exceptions based on extraordinary
circumstance, work requirements, or for other purposes deemed benefIcial to the City Service.
(b) Vacation leave credit may be accumulated by Airport Public Safety Officers, who work shifts
of 24 hours on and 48 hours off, up to a maximum of 360 hours plus their current annual accrual
rate during the calendar year. Vacation Accrual which exceeds 360 hours as of the last pay
period of the calendar year will be forfeited if not used prior to that date. The City Manager, or
designee, may authorize exceptions based on extraordinary circumstance, work requirements, or
for other purposes deemed benefIcial to the City Service.
Sec.39-331. Plan I Payment of Accrued Vacation Leave Upon Termination, Retirement, or
Death
(a) No more than 240 hours of accumulated vacation credit will be paid to a Plan I Employee,
except for Airport Public Safety Officers who work shifts of 24 hours on and 48 hours off, or
his/her benefIciary upon termination, retirement, or death. No vacation credit shall be paid at
termination unless the employee has been employed for period of time in excess of twelve (12)
months.
(b) No more than 360 hours of accumulated vacation credit will be paid to an Airport Public
Safety Officer who works shifts of 24 hours on and 48 hours off, or hislher beneficiary upon
termination, retirement, or death. No vacation credit shall be paid at termination unless the
employee has been employed for a period in excess of twelve (12) months.
Sec. 39-332. Plan I Cash-in of Vacation Leave
(a) Plan I Employees with more than 120 hours of accrued vacation, except for Airport Public
Safety Officers who work shifts of 24 hours on and 48 hours off, will be allowed to "cash-in"
accrued vacation hours at the rate of eight hours of equivalent pay for each eight (8) hours of
vacation actually taken off during the calendar year, up to a maximum of 40 hours.
(b) Airport Public Safety Officers who work shifts of 24 hours on and 48 hours off, who
accumulate more than 180 hours of vacation, will be allowed to "cash-in" vacation hours at the
rate of twelve hours of equivalent pay (equal to one day) for each twelve (12) hours of vacation
actually taken off during the calendar year, up to a maximum of 60 hours.
Sec. 39-333. Plan I Personal Leave
(a) Effective August I of each year, an eligible Plan I Employee, except for Airport Public Safety
Officers who work shifts of 24 hours on and 48 hours off, shall receive 40 hours of personal
leave to be used under guidelines promulgated by the City Manager, or designee. Personal leave
hours must be requested and approved in advance like vacation accrual, but are non-cumulative.
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Personal Leave must be taken within the fiscal year received. Personal Leave, if any, may be
used within the fIrst 6 months of employment with the City.
(b) Effective August I of each year, an eligible Airport Public Safety Officer who works shifts of
24 hours on and 48 hours off will receive 60 hours of personal leave to be used under guidelines
promulgated by the City Manager. Personal leave hours must be requested and approved in
advance like vacation accrual, but are non-cumulative. Personal Leave must be taken within the
fIscal year received. Personal Leave, if any, may be used within the first 6 months of
employment with the City.
Sec. 39-334. Plan I Bereavement Leave
Upon the employee's request due to the death of an immediate family member, 24 hours of
bereavement leave shall be granted to Plan I employees by the Department Head, or designee,
except for Public Safety Officers who work shifts of 24 hours on and 48 hours off who shall be
granted 36 hours. Immediate family shall include the employee's parents, spouse, children,
brothers, sisters, mother-in-law, father-in-law, brothers-in-law, and sister-in-Iaws, employee's or
spouse's grandparents and grandchildren. Employees who receive bereavement leave shall
provide a copy of the obituary, or other related documentation, to their department head.
Sec. 39-335. Plan I Sick Leave Accrual and Accumulation
(a) All eligible Plan I Employees, except for Airport Public Safety OffIcers who work a shift of
24 hours on and 48 hours off, earn and are allowed sick leave at the rate of 96 hours for each
year of continuous service, accrued on the basis of 26 biweekly pay periods. Sick leave may be
accumulated to a maximum of 960 hours.
(b) All eligible Airport Public Safety OffIcers who work a shift of 24 hours on and 48 hours off
earn sick leave at the rate of 144 hours for each year of continuous service, accrued on the basis
of26 biweekly pay periods. Sick leave may be accumulated to a maximum of 1,440 hours. For
Airport Public Safety Officers who work a schedule of 24 hours on and 48 hours off, 12
scheduled working hours shall be counted as one work day with a shift defIned as 24 hours;
therefore, two 12-hour work days of accrual are required to be paid for one 24-hour shift..
Sec. 39-336. Plan I Advanced and Set Accrual Rate for Sick Leave for Pay Plan 400, Pay
Plan 500, and Pay Plan 600
The City Manager shall have the authority to grant advanced sick leave hours and to establish the
rate of accrual for sick leave for Plan I employees in the Pay Plan 400, Pay Plan 500, and Pay
Plan 600.
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Sec.39-337. Plan I Use of Sick Leave
Plan I employees can use accrued sick leave for the following purposes: (I) the serious medical
condition of a qualifying immediate family member as defIned in City Policy; (2) FMLA for
eligible employees who meet the eligibility requirements of the federal law; and (3) other
medically related purposes that are not covered covered by FMLA leave.
Sec. 39-338. Plan I Use of Personal Leave and Vacation in Lieu of Sick Leave
When accrued sick leave is exhausted, absence for sickness, injury, or disability shall be automa-
tically charged against the employee's remaining personal leave allowance, if any, and the
employee's accrued vacation leave, if any, in that order. Such leave shall be used by the Plan I
employee until exhausted or until the City's Disability Income Protection Plan coverage begins.
Additional leave without pay, as required and documented, shall be granted for a combined
maximum total of 12 workweeks, in a 12 month period, for eligible employees as provided in the
Family and Medical Leave Act and City Policy.
Sec.39-339. Plan I Payment of Sick Leave Upon Termination
(a) A Plan I employee, with the exception of Airport Public Safety Officers who work shifts of
24 hours on and 48 hours off, who terminates due to any of the following conditions, will be
eligible for payment of up to 720 hours of accumulated sick leave credit that can be cashed in
for the equivalent of up to 360 hours of pay at the rate of the employee's last monthly salary
or hourly rate: (I) when eligible for retirement under requirements of the Texas Municipal
Retirement System Act (TMRS); (2) due to disability or service retirement: or (3) at age 60
upon completion of a minimum of ten years of continuous service; or (4) upon death with
payment made to the employee's designated benefIciary.
(b) Plan I Airport Public Safety Officers, who work shifts of 24 hours on and 48 hours off, who
terminate due to any of the following conditions, will be eligible for payment of up to 1,080
hours of accumulated sick leave credit that can be cashed in for the equivalent of up to 540
hours of pay at the fate of the employee's last monthly salary or hourly rate: (I) when
eligible for retirement under requirements of the Texas Municipal Retirement System Act
(TMRS); (2) due to disability or service retirement; (3) at age 60 upon completion of a
minimum of ten years of continuous service; or (4) upon death with payment made to the
employee's designated benefIciary.
Sec. 39-340. Plan I Cash-in of Sick Leave
(a) A Plan I Employee, except for Airport Public Safety Officers who work shifts of24 hours on
and 48 hours off, who has at least 240 hours of accumulated sick leave and who has not taken
20
more than 32 hours of sick leave in the previous calendar year, may cash in up to 32 hours of
accumulated sick leave in a calendar year at 50% of salary or hourly rate of pay.
(b) An Airport Public Safety Officer who works shifts of 24 hours on and 48 hours off and who
has at least 360 hours of accumulated sick leave and who has not taken more than 48 hours of
sick leave in the previous calendar year, may cash in up to 48 hours of accumulated sick leave in
a calendar year at 50% of salary or hourly rate of pay.
Sec. 39-341. Leave Plan II Employees Defined
Leave Plan II employees are those hired prior to August I, 1988, who have not elected to
participate in Plan I. Plan II shall not include (I) ineligible part-time employees; (2) temporary
employees, and (3) employees otherwise covered by the City's Reduction In Force policy.
Sec. 39-342. Plan II Vacation Leave Accrual
All Plan II Employees who are eligible to accrue vacation leave shall earn such leave on the
basis of 26 biweekly pay periods and 40-base hours per week, or if less than 40 hours per week,
on a pro-rated basis. Accrual rates are as follows:
Sec. 39-343. Plan II Unlimited Accumulation
Vacation leave credit may be accumulated without limit by all Plan II Employees.
Sec. 39-344. Plan II Advanced and Set Accrual Rate for Vacation and Sick Leave for
Employees in Pay Plan 400, Pay Plan 500, and Pay Plan 600
The City Manager shall have authority to grant advanced vacation and sick leave days and
establish the rate of accrual for vacation and sick leave for employees in Pay Plan 400, Pay Plan
500, and Pay Plan 600.
21
Sec. 39-345. Plan II Scheduling of Vacation Leave
Each department shall keep necessary records of vacation leave accumulated and shall schedule
vacation leave giving consideration and priority, when scheduling conflicts arise, to employees
with seniority, operational needs, and, if possible, with requests of the employees. Official City
holidays occurring during an employee's vacation shall not be considered or charged as a part of
the employee's vacation. Use of vacation accrual that exceeds 240 consecutive working hours
during a calendar year shall require approval by the Department Head, or designee.
Sec. 39-346. Plan II Mandatory Use of Vacation Leave Annually
All Plan II employees are required to take a minimum of forty (40) working hours of accrued
vacation leave before the end of the last pay period of the calendar year as vacation or forfeit that
portion of vacation leave, up to 40 hours, which is not taken.
Sec. 39-347. Plan II Cash-in of Vacation Leave
Plan II Employees with more than 240 hours of accrued vacation shall be allowed to "cash-in"
accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of
vacation taken off during the calendar year, up to a maximum of 40 hours.
Sec. 39-348. Plan II Payment of Vacation Leave Upon Termination
Plan II Employees who have been employed by the City for a minimum of 12 months, will
receive up to 240 working hours of vacation paid to the employee upon termination, except that
all accrued vacation shall be paid to Plan II employees or their beneficiaries when any of the
following provisions apply: (I) employee is eligible for retirement under requirements of the
Texas Municipal Retirement System Act (TMRS); (2) employee takes a service or disability
retirement in accordance with TMRS and/or Social Security Regulations; (3) employee is age 60
upon completion of a minimum of ten years of continuous service; or (4) upon employee's death
with payment made to the employee's designated benefIciary.
Sec. 39-349. Plan II Personal Leave for Plan II Employees
Effective August I of each year each Plan II Employee shall receive 40 hours of personal leave
to be used under guidelines promulgated by the City Manager, or designee. Personal leave hours
must be requested and approved in advance like vacation accrual, but are non-cumulative.
Personal Leave must be taken within the fIscal year received.
22
Sec. 39-350. Plan II Bereavement Leave
Upon the employee's request due to the death of an immediate family member, up to 24 hours of
bereavement leave shall be granted by the Department Head, or designee, to Plan II employees.
Immediate family shall include the employee's parents, spouse, children, brothers, sisters,
mother-in-law, father-in-law, brothers-in-law, and sister-in-Iaws, employee's or spouse's
grandparents and grandchildren. Employees who receive bereavement leave shall provide a copy
of the obituary, or other related documentation, to their department head.
Sec. 39-351. Plan II Sick Leave Accrual
Plan II Employees shall accrue and be allowed sick leave with pay at the rate of 96 working
hours for each year of continuous service to be accrued on the basis of 26 biweekly pay periods.
Sec.39-352. Plan II Use of Sick Leave
Plan II employees can use accrued sick leave for the following purposes: (I) the serious medical
condition of a qualifying immediate family member as defIned in City Policy; (2) FMLA for
eligible employees who meet the eligibility requirements of the federal law; and (3) other
medically related purposes that are not covered covered by FMLA leave.
Sec. 39-353. Plan II Use of Personal Leave and Vacation in Lieu of Sick Leave
When accrued sick leave is exhausted, absence for sickness, injury, or disability in excess of any
leave authorized for such reason, shall be automatically charged against the employee's
remaining personal leave allowance, if any, and the employee's accrued vacation leave, if any, in
that order. Available leave shall be used by the Plan II employee until exhausted. Additional
leave without pay, as required and documented, shall be granted for a combined maximum total
of 12 workweeks, in a 12 month period, for eligible employees as provided in the Family and
Medical Leave Act and City Policy.
Sec. 39-354. Plan II Cash-in of Sick Leave
A Plan II Employee who has at least 720 hours accumulated sick leave and who has not taken
more than 32 hours of sick leave in the previous calendar year, may cash-in up to 32 hours of
accumulated sick leave in a calendar year at 50% of salary or hourly rate of pay.
23
Sec.39-355. Plan II Payment of Sick Leave Upon Termination
Plan II Employees who terminate due to any of the following conditions will be paid up to 720
hours of accrued sick leave, if any, when any of the following provisions apply: (I) employee is
eligible for retirement under requirements of the Texas Municipal Retirement System Act
(TMRS); (2) employee takes a service or disability retirement in accordance with TMRS and/or
Social Security Regulations; (3) employee is age 60, or older, upon completion of a minimum of
ten years of continuous service; or (4) upon employee's death, with payment made to the
employee's designated beneficiary. Payment of such earned and accrued sick leave, if any, shall
be at the rate of the employee's last monthly salary or hourly rate for an equivalent period.
Sec. 39-356. Disability Leave
All employees who are injured while in the course of their employment and whose i~uries
necessitate absence from work shall be subject to the provisions of the Texas Workers'
Compensation act, and the employee shall be considered absent without pay for any days he is
absent from work in connection with that injury.
All employees who are unable to perform the essential functions of their specifIc position, with
reasonable accommodations and without an immediate direct threat of signifIcant risk of harm to
self and/or others, as the result of any injury or illness, whether job-related or not, shall be
subject to the terms an provisions of the City's OffIcial Policy regarding Employee Disability, as
such Policy may be amended from time to time.
Sec.39-357. Disability Review Committee
A Disability Review Committee shall be established by the City Manager with assigned
members including the Director of Human Resources, the Risk Manager, a representative from
the City Attorney's office, and the City's designated physician or representative. The Disability
Review Committee shall be advisory to the City Manager and shall have the duties, powers, and
responsibilities set out in the City's Official Policy regarding Employee Disability.
Sec. 39-358. Military Leave
Any employee who presents official orders requiring his attendance for a period of training or
other active duty as a member of the United States Armed Forces, the Texas State Reserve
Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or
periods not exceeding a total of 15 working days in anyone year, except that Aviation Public
Safety OffIcers who work a shift of 24-hours on and 48-hours off shall receive 12 hours of
military leave for each working day therefore requiring two 12-hour days of military leave to
cover one 24-hour shift. Employees who perform and return from military service in the Armed
Forces, the Military Reserves, or the National Guard shall have and retain such rights with
respect to reinstatement, seniority, vacation, layoffs, compensation, and length of service pay
24
increases as may be from time to time provided by applicable statues of the United States, such
as the Uniformed Services Employment and Reemployment Rights Act of 1994, and the State of
Texas, and offIcial City policy.
Sec. 39-359. Leaves Without Pay Not Related to usage of sick leave
A Department Head may authorize an employee to be absent without pay for personal reasons
that are not related to use of sick leave or Family Medical Leave Act (FMLA) for a combined
maximum total of 30 calendar days in a 12-month period. Such Leaves without pay in excess of
a combined maximum total of 30 calendar days in a 12 month period shall require approval of
the City Manager, or designee.
Sec. 39-360. Leaves With Pay Deemed Beneficial to City Operations
The City Manager may authorize special leaves of absence with pay for up to 12 months for the
following purposes: Attendance at a college, university, or business school for the purpose of
training in subjects directly related to the employee's work that will benefIt both the employee
and the City's operational needs for that specifIc related training; serving on a jury; attending a
court as a witness on City-related business; and for other purposes that shall be deemed
benefIcial to the City's mission of providing quality public services.
Sec. 39-361. Leaves With Or Withont Pay In Excess Of Other Special Leave Limitations
Upon the recommendation of the City Manager, the City Council may grant leaves of absence
with or without pay in excess of the limitations of other leaves for attending extended courses of
training at a recognized university or college and for other purposes that are deemed benefIcial to
the City public services.
Sec. 39-362. Prior Service Credit
(a) Leaves without pay of less than 30 days shall not interrupt continuous service but shall be
deducted for all other purposes. Absences of leave without pay in excess of 30 days, except
for disability leave and extended service with the Armed Forces of the United States, shall be
deducted in computing total service but shall not serve to interrupt continuous service. In
case of repeated one-day absences without leave, the City Manager, or designee, may
consider the service of the employee interrupted and shall have the personnel record of the
employee show the same.
(b) Upon interruption of service followed by reinstatement or retum to duty, the continuous
service date shall be the effective date of reinstatement or return to duty except as further
provided in this section.
25
(c) Prior service may be recognized for continuous service credit, but shall be reduced by the
rate of one calendar month for each calendar month or part thereof absence, upon approval of
the City Manager, as recommended by the department head. The effective date of
reinstatement shall be adjusted by the amount of prior service recognized.
(d) Prior service of less than six months shall not be considered in computing continuous service
credit. Recognition of prior service for continuous service credit shall not be granted until
satisfactory completion of probationary period. An employee's last two periods of
employment, less service breaks, shall be used in calculating prior service credit.
Sec. 39-363. Nepotism
(a) No Department Head shall hire, promote, or make a recommendation, or participate in any
deliberation or voting upon any change in status or compensation, of any person related to such
department head within the second degree by affInity or the third degree by consanguinity.
(1) Second Degree by Affinity includes: Spouse, Spouse's In-laws, Spouse's
Grandfather, Grandmother, Grandson, Granddaughter, Spouse's Brother,
Spouse's Sister, Brother's Spouse, and/or Sister's Spouse.
(2) Third Degree by Consanguinity includes: Father, Mother, Son, Daughter,
Grandfather, Grandmother, Granddaughter, Grandson, Sister, Brother, Aunt,
Uncle, Niece, Nephew, Great Grandson, Great Granddaughter, Great
Grandmother, and Great Grandfather.
(b) If an employee is related to the Department Head within the second degree by affInity or the
third degree by consanguinity, decisions affecting the employee's status or compensation will be
made by the City Manager, or designee.
Sec. 39-364. Employee Appeal Process for Classification and Compensation System
An employee may appeal individual classifIcation and/or compensation designations following
the process provided in the City's policies and procedures for administering the ClassifIcation
and Compensation System.
Sec. 39-365. Responsibilities of the Human Resources Director:
The Director of Human Resources (Director) serves as secretary to the Civil Service Board and
shall perform duties as specified in the Rules and Regulations of the Civil Service Board. The
Director shall be responsible for the administration and maintenance of the ClassifIcation and
Compensation System under the supervision of the City Manager. The Director shall recommend
appropriate policies and procedures to the City Manager to carry out the policies of this Article.
26
SECTION 2. The following rules shall govern phase-in of the 2002 study referred to in the
Policy section of this Article III of Chapter 39, Corpus Christi Code of Ordinances:
(a) Employees Below the Minimum of New Pay range:
Initial transition of individual employees into their applicable new pay ranges shall be based on
the grade levels assigned to their job classifIcations. Grade levels shall be determined by points
received through an analysis of Job Evaluation Questionnaires using a weighted point-factor job
evaluation of compensable factors of the job classifIcation.
Individual employees whose pay rates at time of implementation are below the minimums of the
new pay ranges for their applicable grade levels will have their pay rate increased up to the
minimum of the new pay range for their job classifIcation. No further transitional pay adjustment
will be made for FY 2002-2003.
(b) Employees With Current Pay That Falls Within the New Pay Ranges
Employees, whose current pay rates fall within the new pay ranges for the new grade levels for
their job classifications, will receive transitional pay adjustments for FY 2002-2003 based on the
following matrix that combines location in the range with longevity with the City as follows:
(c) Implementation Matrix for FY 2002-2003
Years of Service Area 1 Area 2 Area 3 MidDoint & Bevond
15+ 2.3% 2.3% 2.3% 2.0%
10-14 2.3% 2.3% 2.0% 1.0%
4- 9 2.3% 2.0% 1.0% 1.0%
0-3 2.0% 1.0% 1.0% 1.0%
(d) Skill-Based Pay Plans
The City Manager is authorized to phase in Skill-Based Pay Structures and training programs.
Employees shall be transitioned from the citywide pay structures into the new Skill-Based Pay
Structures for their applicable departments. This transition may occur in the last quarter of FY
02-03 for employees in Water, Wastewater, Storm Water, and Gas. Eligible employees in the
General Fund Departments (Street Services, Solid Waste Services, and Park Maintenance) may
be transitioned into the new skill-based pay structure in late FY 02-03 with funding for skill-
based pay adjustments expected to begin early FY 03-04.
SECTION 3. In implementing Section 39-310, those employees who were receiving $50,000
term life insurance coverage as of the effective date of this Ordinance, and who are not included
in Pay Plan 400 (Executives) after the adoption of this Ordinance, shall continue to receive the
$50,000 term life insurance benefIt during their tenure as City employees. The Human
Resources Department shall make a record of these employees.
27
SECTION 4. Part-time ineligible employees who continued to receive group health insurance
coverage after the defInition of full-time employee was amended in 1998 shall continue to
receive group health insurance benefits at the cost set by the City Manager for full-time
employees during their tenure as City employees.
SECTION 5. The following are repealed: I) Sections 39-1, Rules and Regulations Governing
Emolovment of City Emolovees Generallv; 2) 39-2, ClassifIed Service and Exemotions; 3)
repealing Section 39-20, ModifIcation of GrOUD Hosoitalization Plan of the City of Corous
Christi Code of Ordinances; 4) repealing Ordinances 17728 approved by Council on July 27,
1983, as amended by Ordinance 18595 on August 13, 1985; 5) repealing Ordinance 021706
approved by Council on July 27, 1993; 6) repealing Ordinance 3658, Adootion and
Administration of the Position ClassifIcation Plan for all Offices and Positions in the Classified
Service, as amended; 7) repealing Ordinance 8127, Administration of Com Dens at ion Plan for All
Positions in the City Service. as amended; and 8) repealing all other Ordinances and rules, or
parts of ordinances and rules, in conflict with this Ordinance.
SECTION 6. This Ordinance is effective upon fInal adoption by the City Council. All Pay
Plans within this Ordinance shall become effective July 29, 2002.
SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by fInal judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be
given full force and effect for its purpose.
28
, '1"\
That the foregoing ordinance was read for the fIrst time and passed on this the --1.l2.: day of
-.fJ-b ,2002 by the following vote:
Samuel 1.. Neal, Jr. OLf Rex A. Kinnison .
Brent Chesney ~ John Longoria ~
j,,",, D. Colm,,,,, l.tt j,,~ Noyo" ~
Henry Garrett Mark Scott
Bill Kelly 4 '
That the forego} ordinance was read for the second time and passed finally on this the ;2, 3
day of r-rf'.1J ' 2002 by the following vote:
(I t n I
Samuel 1.. Neal, Jr. (/L-CV:Jlt~-r
B~(Ch,,,,,,,, Ot2J1J
Javier D. Colmenero .~
~
4
Rex A. Kinnison
f4;L/
f11/l./
(L)f /
.OL}L ,
John Longoria
Jesse Noyola
Henry Garrett
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the -4i- day of C{} Q l ,2002.
ATTE~_ n n, ~A
~ /,~1 c J~-,cd:
Armando Chapa SaJ.lH!81 L :N8a1, Jr, 1k"l12..1{. ~c.rr
City Secretary Mayor "" ""OIL PIl.<> ~"'^-
LEGAL FORM APPROVED
By: ZJlJt-
Assistant City Attorney
JI1,l
'1
/ L . 2002, James R. Bray, Jr., City Attorney
A\Jimmy Susans draft 7 82.doc
29
CJ 2 Ll 9 G 8
i 1" -.
., Of-
0" J"L '1\ ""I(I'? '1
!: u ~" fj" """PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
\
J
\
J
ss:
CITY OF CORPUS CHRISTI
Ad # 4264254
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, KIeberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed
is a true copy, was inserted in the Corpus Christi Caller~Times and on the World
Wide Web on the Caller~Times Interactive on the 29TH day(s) of JULY, 2002.
0vL,~\J~. O;Z4-%(
$160.87
biLill.Cl- (fj Uuo-gO.s~
Credit Manager
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
JULY 30, 2002.
GCv)&~~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Monday, July 29, 2002
NOTICE OF PASSAGE
OF ORDINANCE NO.
024988 Ordinance
amending the Code of
Ordinances by
adopting a new Article
III, Employ.se
Class~ficat;on and
Compensation System
of the Corpus Christi
Code of Ordinances;
repealing Sections 39-
1, Aulas an-d
Regulations Governing
Employment of City.
Employees Generally;
and 39-2, Classified
Service and
Exemptions; repealing
'Section 39-20,
Modification of Group
Hospitalization Plan of
'the City of Corpus
Christi Code of
Ordinances; repealing
. Ordinances 17728
approved by Council
on July 27, 1983, as
amended by
Ordinance 18595 on
August 13. 1985;
repealing Ordinance
021706 apProved by
Council on July 27,
1993; repealing
rdinance 3658,
doption and
dministration of the
"tlon Classification
Ian for All Offlces and
ositions In the
lassified Service, as
~mended; repealing
Ordinance 8127,
Administration of
'Compensation Plan for
All Positions in the City
Service, as amended;
repealing al/ other
ordinances and rules
or parts of ordinances
and rules in conflj~t
with this ordinance.
his ordinance was
passed and approved
.by the City Council of
i'!'e City of Corpus
!Christi on July 23,
002.
Is/A_~
City -"-ry
of CIlrIIIi