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Item 4CCity of Southlake, Texas MEMORANDUM February 26, 2007 TO: Shana Yelverton, City Manager FROM: Kevin Hugman, Director of Human Resources SUBJECT: Resolution No. 07 -014, Amending the City of Southlake Personnel Policies to revise the Interim Status Pay policy, and adopting a Modified Duty Assignments policy. Action Requested: City Council consider Resolution No. 07014, amending the City of Southlake Personnel Policies to revise the Interim Status Pay policy, and adopting a Modified Duty Assignments policy. Background Information: Interim Status Pay Policy From time to time, certain positions of significant responsibility and/or duties become vacated by employee resignations, illnesses, leaves of absence, or other reasons. Due to the nature of the position, it is desirable to fill the position quickly, at least on an interim basis. The Interim Status Pay policy provides for placing employees in a position of higher responsibilities and duties on an interim status, and provides for additional compensation during the time they are performing these increased duties. The policy applies to all employees, including fire and police personnel as provided for in Section 141.033 of the Texas Local Government Code. Significant revisions to the existing policy are: • Defines the length of an interim assignment for sworn fire personnel as twelve (12) consecutive hours and sworn police personnel as eight (8) consecutive hours. This change reflects court case decisions regarding length of assignment for police and fire personnel. o All other employee assignments will remain as previously defined, being a minimum of thirty consecutive (30) days. • Changes compensation to minimum of 5% increase or lowest step on the higher pay grade, whichever is less. This change aligns the interim status pay policy with promotional policy. • Requires re- evaluation of an interim assignment, including the necessity for such assignment, if the assignment extends beyond three (3) months. • Incorporates some administrative procedural changes. Modified Duty Polic This policy will provide a process in which to utilize employees who may not be able to perform all of the essential functions of their position due to a Shana Yelverton, City Manager February 26, 2007 Page 2 temporary disability from injury or illness, whether off-duty or on -duty. Often, an injured or ill employee is able to safely perform limited duty while still under a physicians care. Providing a temporary modified duty assignment benefits both the employee and the City. The policy will: 1. allow the employee to achieve a level of productivity while recuperating which can increase morale of the employee; 2. can allow an employee to achieve their full earnings (if not working, workers compensation payments are limited to 70% of an employee's pre - injury earnings); 3. can reduce the workers compensation costs to the city. Significant provisions of the proposed policy include: • allows departments to determine if a modified duty assignment exists that an employee is safely able to perform; • restricts the modified duty assignment to 12 weeks in any twelve month period; • provides conditions for the employee to perform the modified duty assignment and provides conditions for the city to terminate the assignment. Financial Considerations: Based on historical trends, anticipated cost increases as a result of the revision to the Interim Status Pay policy would be less than $3,000 annually. There are no cost increases anticipated with the Modified Duty Assignments policy, and may actually result in cost savings through workers compensation insurance decreases and increased productivity of temporarily disabled employees. Citizen Input/ Board Review: NIA. Legal Review: The City Attorney has reviewed the applicable documents. Alternatives: Changes as may be desired by City Council. Supporting Documents: • Resolution No. 07 -014 • Exhibit "A" Interim Status Pay Policy (revised) • Exhibit "A" Interim Status Pay Policy (redline) • Exhibit "B" Modified Duty Assignments Policy Staff Recommendation: City Council approve Resolution No. 07 -014, amending the City Personnel Policies to revise the Interim Status Pay policy, and adopting a Modified Duty Assignments policy. Staff Contact: Kevin Hugman, Director of Human Resources (817 -748 -8193) VILY VI V%.FU 11 1 I RESOLUTION NO. 07-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CITY OF SOUTHLAKE PERSONNEL POLICIES TO REVISE THE INTERIM STATUS PAY POLICY, AND ADOPTING A MODIFIED DUTY ASSIGNMENTS POLICY. WHEREAS, the City of Southlake (the "City ") adopted an Interim Status Pay Policy in April 2003 which provides for assignment and compensation to employees performing job duties of higher responsibilities and duties on an interim basis; and WHEREAS, the City wishes to revise the current Interim Status Pay policy regarding minimum length of assignments, compensation, and other administrative changes; and WHEREAS, the City desires to adopt a policy to provide temporary modified duty assignments to employees unable to perform their essential job functions due to temporary illness or injury, and WHEREAS, the ability to work temporary work assignments while fully recuperating provides a benefit to the employee as well as to the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1: The City of Southlake hereby adopts the revised Interim Status Pay policy, a copy of which is attached hereto as Exhibit "A" and which is incorporated into the Employee Personnel Policies and Procedures by reference herein, and supersedes the Interim Status Pay policy adopted in April 2003. Section 2: The City of Southlake hereby adopts the Modified Duty Assignments policy, a copy of which is attached hereto as Exhibit "B" and which is incorporated into the Employee Personnel Policies and Procedures by reference herein. Section 3: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF 1 2007. Andy Wambsganss, Mayor ATTEST: Lori Farwell, City Secretary 2/26/2007 City of Southlake Personnel Policies Section: Effective Date Approved k Wage and Salary Administration Topic Interim Status Pay April 15, 2003 Resolution No. 07 -014 Revision Date March 6, 2007 Interim Status Pay 1.0 Purpose and Scope The City recognizes that certain positions of significant responsibility and duties may from time to time become vacated for a variety of reasons, and that another employee may be asked to fulfill the duties of an employee serving in a higher level position for an interim period. It is also recognized that these duties are of such a nature and level of responsibility, and may last for an unknown period of time, that additional compensation is warranted for an employee asked to fulfill these interim duties. This policy is to provide a systematic and organized approach for the administration of interim assignments to a position of higher responsibility. This policy applies to all employees, including fire services personnel and sworn police officers. 2.0 Definitions 2.1 Executive Management_ Team — the City Manager, Assistant City Manager, and the department directors. 2.2 Deputy Director — the Chief of Fire Services, the Chief of Police Services, the Deputy Directors of Finance, Community Services, and Public Works, the Manager of Information Services, and any other employee listed in the Pay Plan as Non- Classified/Non- Director level. 2.3 Interim Assignment — 2.3.1 Fire sworn personnel: An assignment of at least twelve (12) consecutive hours when officially assigned to a higher position and notified of such assignment by an appropriate supervisor. 2.3.2 Police sworn personnel: An assignment of at least eight (8) consecutive hours when officially assigned to a higher position and notified of such assignment by an appropriate supervisor. 2.3.3 All other employees: An assignment of at least thirty (30) consecutive calendar days to a position of higher responsibility and duties when Exhibit "A" Interim Status Pay Policy Interim Status Pay Revised: March 6, 2007 Resolution No. 07 -014 Page 2 of 3 approved by the appropriate authority. 3.0 Policy 3.1 An employee acting in an interim assignment status must be qualified to perform and must actually perform the full range of duties of the higher -level position during the interim assignment. The duties performed of the higher level position must be above and beyond the duties described in the employee's current job classification. 3.2 An interim assignment shall not become effective without the appropriate supervisor approval as provided below. Except as provided below for fire and police sworn personnel, the interim assignment will be approved in writing and will stipulate the effective date and estimated duration of the interim assignment. 3.2.1 The City Manager may temporarily assign an employee to serve in a position on the Executive Management Team. A department director may recommend, subject to City Manager approval, an employee to serve in a deputy director position for an interim assignment. 3.2.2 The Department Director shall approve, in writing, all interim assignments for personnel below the level of deputy director, taking into consideration the need to fill the position on an interim basis. 3.2.3 Fire and Police sworn personnel: The Director of Public Safety, or the Chief of Fire Services or Chief of Police Services, or the Fire Captain or Police Captain, will approve interim assignments for fire and police sworn personnel who perform the duties of a higher classification. 3.2.3.1 Interim assignments shall be annotated and approved on departmental timesheets. Prior assignment by an appropriate supervisor is required and is subject to final approval by authorized personnel as designated in 3.2.3. 3.3 Interim Status Pay will be paid commencing upon completion of the required minimum time period, but will be effective as of the beginning of the interim assignment. 3.3.1 Executive Management Team / Deputy Director positions: The City Manager will determine the interim compensation based upon consideration of the following criteria and other criteria as may be appropriate: • scope and complexity of the duties being assigned; • pay difference between the interim assignment and the employee Exhibit "A" Interim Status Pay Policy Interim Status Pay Revised: March 6, 2007 Resolution No. 07 -014 Page 3 of 3 being assigned to the interim position; exigent circumstances or situation that created the vacancy. 3.3.2 All other employees: An employee serving in an interim assignment shall be compensated at the lowest step in the pay grade for the higher classification that results in a minimum increase of 5% of the employee's current pay rate. 3.4 Upon completion of the interim assignment, the employee will return to the employee's regular job assignment and duties. The employee's compensation will return to that employee's regular rate of pay prior to the temporary assignment. 3.4.1 If an employee's step date occurs during an interim assignment and the employee is eligible to move to the next step within the pay grade of the regular assignment, the employee shall be compensated as per paragraph 3.3 based on the step advance. The employee will be placed at the appropriate step of the employee's regular pay grade upon completion of the interim assignment. 3.5 In the event an interim assignment extends beyond three (3) months, the City Manager or Department Director, as appropriate, shall re- evaluate the interim status assignment and determine if it shall be renewed. If renewed or continued, subsequent reviews shall be performed at least quarterly for the duration of the assignment. 3.6 An interim assignment does not constitute a promotion and shall in no way be construed as a permanent assignment. Exhibit "A" Interim Status Pay Policy City of Southlake Personnel Policies Section Wage and Salary Administration Topic Interim Status Pay I Effective Date April 15, 2003 I Approved By : Resolution No. 03 02 -014 Revision Date March 6 2007 Interim Status Pay 1.0 Purpose and Scope The City recognizes that certain positions of significant responsibility and duties may from time to time become vacated for a variety of reasons, and that another employee may be asked to fulfill the duties of an employee serving in a higher level position for an interim period. It is also recognized that these duties are of such a nature and level of responsibility, and may last for an unknown period of time, that additional compensation is warranted for an employee asked to fulfill these interim duties. This policy is to provide a systematic and organized approach for the administration of interim assignments to a position of higher responsibility, This policy applies to all employees, including fire services personnel and sworn police officers. 2.0 Definitions 2.1 Executive Management Team — the City Manager, Assistant City Manager, and the department directors. 2.2 Deputy Director the Assistant Finance Direeter-, the Chief ef Administmfive Services, the Fire Chief-, the Police Chief-, the Deput-y Dir-eeter of Community 2.2 DeoutyDirector — the Chief _of Fire Services, the Chief of „Police Services, the De i Directors of Finance Community Services and Public Works the Manager of Information Services, and any other employee listed in the Pam as Non- Classified/Non- Director level. 2.3 Interim Assignment — 2.3.1 Fire sworn personnel: An assignment of at least twelve (12) consecutive hours when officially assigned to a higher position and notified of such assignment by an appropriate supervisor. 2.3.2 Police sworn personnel- An assignment of at least eight 8 consecutive Exhibit "A" Interim Status Pay Policy - redline Interim Status Pay Revised: March 6, 2007 Resolution No. 07 -014 Page 2 of 5 hours when officially assigned to a higher position and notified of such assignment by an appropriate supervisor. 2.3.3 All other employees: An assignment of at least thirty (30) consecutive calendar days to a position of higher responsibility and duties: -- when. approved by the appropriate authoril Exhibit "A" Interim Status Pay Policy - redline Interim Status Pay ];.Metiv : A 4 c 2003 Revised: March 6. 2007 Resolution No. 07 -014 Page 3 of 5 1 3.0 Policy 3.1 An emplovee acting in an interim assianment status must be aualihed to berform and must_ actually_ perform the full range of duties of the higher -level position during the interim assignment. The duties performed of the higher level position must be above and beyond the duties described in the employee's current job classification. 3.2 An interim assignment shall not become effective without the appropriate supervisor approval as provided below. Except as provided below for fire and police sworn personnel. the interim assignment will be approved in writing and will stipulate the effective date and estimated duration of the interim assignment. 3.2.1 The City Manager may temporarily assign an employee to serve in a position on the Executive Management Team. A department director may recommend, subject to City Manager approval, an employee to serve in a deputy director position for an interim assignment. 3.2.2 The Department Director shall approve, in writing, all interim stems assignments for personnel below the level of deputy director, taking into consideration the need to fill the position on an interim basis. 3.2.3 Fire and Police sworn p ersonnel: deputy dir-eetsrposi-t the —The Director of Public Safety, or his designee Chief of Fire Services or Chief of Police Services or the Fire Captain_ or Police Captain will approve interim assignments, in , for fire and police sworn personnel who perform the duties of a higher classification. 3.2.3.1 in die even4 an interim assignment extends beyond twelve " menths, the City Manager er Department Dir-eeter, as , shall r-e evaluate the interim status assignmeiit and determine.44' shall be renewed. If renewed, the employee ... -is - eligible or- a dditio n al ee°,�, .,, a p � 'Interim assignments LLIl�Al Ll Vit r,iY, shall be annotated and approved on departmental timesheets. Prior assignment by an appropriate supervisor is required and is subject to final approval by authorized personnel as designated in 3.2.3 Exhibit " A " Interim Status Pay Policy - redline 11 � Y 3.2.2 The Department Director shall approve, in writing, all interim stems assignments for personnel below the level of deputy director, taking into consideration the need to fill the position on an interim basis. 3.2.3 Fire and Police sworn p ersonnel: deputy dir-eetsrposi-t the —The Director of Public Safety, or his designee Chief of Fire Services or Chief of Police Services or the Fire Captain_ or Police Captain will approve interim assignments, in , for fire and police sworn personnel who perform the duties of a higher classification. 3.2.3.1 in die even4 an interim assignment extends beyond twelve " menths, the City Manager er Department Dir-eeter, as , shall r-e evaluate the interim status assignmeiit and determine.44' shall be renewed. If renewed, the employee ... -is - eligible or- a dditio n al ee°,�, .,, a p � 'Interim assignments LLIl�Al Ll Vit r,iY, shall be annotated and approved on departmental timesheets. Prior assignment by an appropriate supervisor is required and is subject to final approval by authorized personnel as designated in 3.2.3 Exhibit " A " Interim Status Pay Policy - redline Interim Status Pay ; M et iy e . a 15 2003 Revised: March 6. 2007 Resolution No. 07 -014 Page 4 of 5 3.2 An be employee ger-Ving in an. interim assignment o status will eampeasated wig+-a b the e p le., — the step elesest to this range in the higher 7 btA net 0 exeeeding greater 3.3 Interim Status Pay will be paid commencing upon the first d .e !!OYA4n completion of the required minimum time period, but will be effective as of the maybe ig nning of the interim assignment. 3.3.1 An employee aeting in an intefim assigmnent status must be qualified te peffeFm and fl-iust aetually pef&rffl the full range of dtAies of the higher level position during the interim assignmei4. The diifies, per-M.'r-med of higher- leRvel position must be above and beyond the duties deser-ibed in the eWloyee' eaffent job elassifioati Executive Management Team / Deputy Director positions: The City Manager will determine the interim compensation based on consideration of the following p _ p w'n� com u , i criteria and other criteria as m" be • scope and complexity of the duties being, assigned, • pay difference between the interim assig nment and the employee _ being assigned to the interim position; • exigent circumstances or situation that created the vacancy. 3.3.2 All other employees: An cmvlovee serving in an interim assignment shall be compensated at the lowest step in the pgy grade for the higher classification that results in a minimum increase of 5% of the em to ee's current pay rate. 3.4 Upon completion of the interim assigmment, the employee will return to the employee's regular job assignment and duties. The employee's compensation will return to that employee's regular rate of pay prior to the temporary assignment. 3.4.1 If an employee's step date occurs during an interim assignment and the employee is eligible to move to the next step within the pay grade of the regular assignment the employee shall be compensated as per paragraph 3.3 based on the stc advance -ta The employee will „be ,placed at the appro rp iate s step of the employee's regular pay rg awe upon completion of the interim assignment. 3.5 In the event an interim assignment extends beyond three 3 months the Cit ...Manager or Department Director, as app„ „M.' the interim ro mate, shall re -evalu ate status assignment and determine if it shall be renewed. If renewed or continued Exhibit "A" Interim Status Pay Policy - redline Interim Status Pay �� e t i ,e. A pr J 1 c hnn31 Revised: March 6 2007 Resolution No. 07 -014 Page 5 of 5 subsequent reviews shall be performed at feast quarterly for the duration of the assi nment. 3.6 An interim assignment does not constitute a promotion and shall in no way be construed as a permanent assignment. Exhibit "A" Interim Status Pay Policy - redline City of Southlake Personnel Policies Section 6: Employment Benefits Effective Date March 1, 2007 Approved By : Resolution No. 07 -014 Tonic Modified Duty Assignments Revision Date Modified Duty Assignments 1.0 Purpose 1.1 To provide a standardized policy for the utilization of employees unable to perform their essential job functions due to a temporary disability. 1.2 To provide a process by which an injured or ill employee may receive temporary work assignments, if available, that the employee may safely perform. 2.0 Definitions 3.0 4.0 2.1 Director of Human Resources — The Director of Human Resources of the City or the director's designated representative. 2,2 Modified Duty Assi nment — A temporary reassignment of an employee with an illness, injury, or medical condition to perform duties that can be performed within the limitations of the employee's medical condition. Modified Dull Applicability This policy applies to all regular and part -time City employees except temporary employees. Policy, 4.1 It is the policy of the City, subject to the limitations set forth below, to allow and encourage temporary limited use of employees who are temporarily disabled due to injury or illness, incurred while either off -duty or on -duty, in order to benefit both the employee and the City. 4.2 Modified duty assignments are not guaranteed, but will be granted by the Department Director when there is a modified duty assignment available and the employee is qualified to perform the available modified duty assignment. Exhibit "B" Modified Duty Assignments Modified Duty Assignments Effective: March 1, 2007 Page 2 of 4 4.3 An employee, who is released by the employee's physician to return to work in less than full duty capacity, may be required to work in a position or department other than the department in which the employee regularly works. Assignments shall be made in accordance with the employee's limitations and the needs of City services. 4.4 - All modified duty positions are temporary in nature, subject to the availability of productive work assignments, and shall not exceed twelve (12) weeks in length from the date of initial assignment. 4.5 An employee is not eligible for more than 12 weeks modified duty in any 12 month period. 5.0 Procedures for Requesting Modified Duty 5.1 An employee who experiences injury and/or illness that prevents the performance of his/her essential job functions may make a written request for a "Modified Duty" assignment during recuperation. 5.2 An employee who desires to return to work in a modified duty assignment must provide the employee's director and the Director of Human Resources with a written release from the attending physician. The release must include the following: a. the date the employee may return to a modified duty assignment; b. the type of restrictions imposed on the modified duty; C. the period of time the restrictions apply; d, the date of the employee's next physician's appointment; and e. the anticipated date of return to full duty. 5.3 An employee may request modified duty but is not required to do so. 5.4 Upon receipt of a completed TWC -73, "Texas Workers Compensation Work Status Report" form, or similar physician's statement, the employee's Department Director and the Director of Human Resources shall review the capabilities and prognosis for recovery of the injured or ill employee. A review of potential work assignments will be conducted to determine if an assignment is available which matches the employee's training and skills and /or physical limitations as determined by the employee's physician. The City reserves the right, to the extent permitted by law, to require an independent physical analysis /assessment to insure that the employee is able to perform a modified duty assignment. Exhibit "B" Modified Duty Assignments Modified Duty Assignments Effective: March 1, 2007 Page 3 of 4 5.5 A modified duty work assignment will be offered in writing by the Director of Human Resources to an injured or ill employee for a period not to exceed 12 weeks if: a. a bona -fide work assignment exists within the City, and b. the physical requirements of the assignment are within the abilities documented by the treating physician; and C. it is approved by the Director of the Department. 5.6 An offer of modified duty shall include: a. the location at which the employee will be working; b. the schedule the employee will be working; C. the pay rate at which the employee will be compensated; d. a description of the physical and time requirements that the position will entail; and e. a statement that the City will only assign tasks consistent with the employee's physical abilities, knowledge, and skills and will provide training if necessary. 6.0 Responsibilities of Directors 6.1 Department Directors shall work with supervisors to identify possible modified duty assignments when requested by the Director of Human Resources. Attempts will be made first to make modified duty assignments in the division and department in which the ill or injured employee currently works. If placement in the department is not possible, the Director of Human Resources will poll other City departments to determine if a modified duty assignment can be found based on the employee's physical abilities and skills. 6.2 A modified duty assignment will not be created to accommodate an ill /injured employee. However, a special project for a department that would require the re- assignment of staff away from or in addition to their regular work assignments may be considered for a modified duty assignment if the project is expected to take more than 30 days to complete. Exhibit "B" Modified Duty Assignments Modified Duty Assignments Effective: March 1, 2007 Page 4 of 4 7.0 Conditions of Modified Duty 7.1 As a condition of continuing in a modified duty work assignment, an employee must: a. adhere to prescribed treatment and make reasonable efforts toward rehabilitation; b. fully perform the modified duties assigned; C. present to the Director of Human Resources and the employee's supervisor monthly progress reports, or after each doctor's visit, whichever is more frequent. The progress report shall state the expected date the employee is able to return to work full duty as well as any physical limitations that may impact the employee's ability to perform the modified duty assignment; d. accept progressively more demanding assignments as the employee's condition improves; and e. make visible progress in returning to full performance capability. 7.2 An employee working in a modified duty assignment is subject to all City policies and regulations and if warranted, is subject to disciplinary action by the employee's supervisor for the modified duty. 8.0 Termination of Modified Duty 8.1 The City may terminate an employee's modified duty work assignment if: a. the employee is found to be performing beyond the modified duty restrictions; b. the work assignment is completed, and no work assignment exists within the City which suits the employee's abilities and meets the limitations documented by the treating physician; C. the employee performs unsatisfactorily in the modified position; d. the employee's physician fails to release the employee as capable of performing the modified assignment upon examination; or e. budgetary constraints do not allow continuation of modified duty. Exhibit "B" Modified Duty Assignments