City of Las Cruces - HR - Personnel Manual

Human Resources - Personnel Manual - Section 300

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•	Human Resources
•	Personnel Manual: Table of Contents

Table Of Contents

•	Sec 100: Introduction
•	Sec 200: Recruitment & Selection
•	Sec 300: Classification Plan
•	Sec 400: Compensation
•	Sec 500: Leave, Attendance & Holidays
•	Sec 600: Employee Work Rules & Procedures
•	Sec 700: Employee Training & Development
•	Sec 800: Management Authority & Responsibilities
•	Sec 900: Disciplinary Actions, Transfers & Terminations
•	Sec 1000: Performance Reviews
•	Sec 1100: Employee Grievances & Discrimination Complaints
•	Sec 1200: Benefits
•	Sec 1300: Definitions

300 CLASSIFICATION PLAN

THE LAS CRUCES MUNICIPAL GOVERNMENT HAS AN ONGOING CLASSIFICATION PLAN WHICH IS DEFINED AS:

"The sum total of all class specifications in the municipal service."

CLASS SPECIFICATION IS:
A written description of a class, which includes the position, the title, a statement of duties and responsibilities, examples of typical duties performed, a statement of minimum qualification requirements, and a definition of working conditions.

THE TERM CLASS IS:
One or more positions which are sufficiently alike to warrant using the same or similar title, qualification requirements, specifications, and pay grade. It is commonly called "Classification."

ALLOCATION IS:
When the City Council appropriates personnel funds, the City Manager uses those funds to allocate positions where needed throughout the City work force.
RECLASSIFICATION IS:
1. The reassignment of a position from one class to a different class to correct an error in the original assignment or to recognize a significant change in the duties and responsibilities of a position.
2. When a reclassification is requested to recognize a significant change in the duties and responsibilities of a position, the recommending department shall complete and submit to Human Resources a job analysis worksheet/Position Analysis Questionnaire for evaluation and classification.
3. Reclassification shall not be used as a method of awarding an employee a salary increase. All reclassification recommendations or requests shall be presented to the City Manager. The City Manager may direct the Human Resources Department to analyze the position and make a recommendation.
4. Although there may be various instances when a position is reclassified, such as during reorganization or when directed by the City Manager, the customary time for submitting a request is at budget revision or prior to the budget cycle preparation. The ideal time is when the position is vacant.
CLASSIFICATION CATEGORIES. All time positions in the municipal employment are assigned as salaried exempt (E) or non-exempt (N).

EXEMPT AND NON-EXEMPT DEFINED. Salaried exempt employees are those whose duties, responsibilities, and compensation render them exempt from overtime requirements of the Fair Labor Standards Act. Non-exempt employees are those whose duties, responsibilities, and compensation cause them to not be exempt from overtime requirements of the same Act.

SALARIED EXEMPT "UPSET TESTS." The FLSA (2004 Amendments) requires that any position assigned as salaried exempt must satisfy each and every one of the "tests" cited in Section 309, Section 310, or Section 311, 312 or 313. Positions which do not satisfy the "tests" in one or more of those Sections must be classified as non-exempt".

EXECUTIVE. Those assigned as salaried exempt executives for the City of Las Cruces must meet all of the following requirements:
1. Compensation paid on a salary basis at a rate not less than $455 per week.
2. Primary duty is managing a customarily recognized department or subdivision.
3. Customarily and regularly directs the work of at least two or more other full-time employees or their equivalent; and
4. Has authority to hire or fire other employees, or make such recommendations that are given particular weight.
ADMINISTRATIVE. Persons assigned as salaried exempt administrative employees for the City of Las Cruces must meet all of the following requirements:
1. Compensation paid on a salary or fee basis at a rate not less than $455 per week;
2. Primary duty is the performance of office or non-manual work directly related to the management of general business operations of the City; and
3. Includes the exercise of discretion and independent judgment with respect to matters of significance.

PROFESSIONAL. Individuals assigned as salaried exempt professionals must meet all of the following requirements:
1. Compensated on a salary or fee basis at a rate not less than $455 per week;
2. Primary duty is the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; and
3. The advanced knowledge must be in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.

COMPUTER. Individuals assigned as salaried exempt computer employees must meet all of the following requirements:
1. Compensated either on a salary or fee basis at a rate not less than $455 per week OR, if compensated on an hourly basis at a rate not less than $27.63 an hour; and
2. Employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties as described below;
3. primary duty must consist of:
  1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
  2. The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
  3. A combination of the aforementioned duties, the performance of which requires the same level of skills.

HIGHLY COMPENSATED. Individuals assigned as salaried exempt highly compensated must meet all of the following requirements.
1. Total annual compensation of $100,000 or more, which must include at least $455 per week paid on a salary or fee basis;
2. Primary duty is the performance of office or non-manual work and is customarily and regularly perform at least one of the duties of an exempt Executive, Administrative or Professional employee as identified above.

FLSA EXEMPTION AND NOTIFICATION POLICY
1. FLSA exemptions to the overtime requirements do not apply to manual laborers who perform work involving repetitive operations with their hands, physical skill and energy. The exemptions also do not apply to First Responders as defined by the 2003 FLSA Amendments.
2. The City prohibits improper pay deductions for exempt employees and will reimburse employees for any improper deductions made. Any exempt employee who believes there have been improper pay deductions made shall immediately contact the Human Resources Department and present the relevant evidence of said deductions. The Human Resources Department will take immediate action to investigate the issue and, if founded, correct the improper deduction.
3. Pursuant to principles of public accountability, for employees who accrue annual leave, personal leave and sick leave, deductions from pay of exempt employees shall be taken for absences for personal reasons or illness or injury when leave is not used by the employee because:
  1. permission for leave has not been sought or has been sought and denied;
  2. accrued leave has been exhausted; or
  3. the employee chooses to use leave without pay.

SUPERVISOR. An employee who devotes a substantial amount of work time in supervisory duties, who customarily directs the work of two or more employees and who has authority to recommend the hiring, retaining, promoting, disciplining, adjustment of grievances, or evaluation of other employees. Does not include an individual who occasionally assumes a supervisory role or whose duties are substantially similar to those of subordinates, and does not include lead employees, employees who participate in peer review or occasional employee evaluation programs.

POSITION ASSIGNMENTS (TO POSITION CLASSIFICATION/SALARY GRADES).
Positions are assigned to a Grade/Classification based upon a variety of factors, including minimum requirements, span of control, extent of supervision or independent action needed, budgetary accountability, problem solving requirements, internal equity, and other job related factors essential to make an assignment determination.

CATEGORIES OF EMPLOYMENT.
1. Full-Time Regular. A City employee budgeted to work 35 or more hours per seven day period, has completed the probationary period, and is entitled to all employee benefits.
2. Full-Time Temporary. City employee budgeted to work 35 or more hours per seven day period on a short-term appointment of less than 9 months, are given a definite termination date, and are not eligible for employee benefits.
3. Probationary. A full-time or part-time employee who has not yet completed the 12-month trial period for regular of employment. The probationary period is the final test in the selection process. Employees during the probationary period have no rights to the grievance and appeal procedures outlined in Section 1100 of these policies, and may be dismissed with or without cause for any legal reason.
4. Part-Time Regular. A City employee budgeted to work less than 35 hours/week in a regular, budgeted job and has completed the probationary period. Part-time regular employees who are budgeted to work 20 or more hours per seven day period are eligible for pro rated leave benefits.
5. Part-Time Temporary. A City employee budgeted to work less than 35 hours per seven day period on a short-term appointment of less than 9 months, are given a definite termination date, and are not eligible for employee benefits.
6. Seasonal. A full-time or part-time employee hired to provide services during a particular season in accordance with FLSA, whose employment ends with the season. These employees are not eligible for employee benefits. In no event shall a seasonal employee work more than seven (7) consecutive months.
7. Contract Employee. A person who contracts with the City to perform a certain task for a set fee following a competitive process. A contract employee is not a Regular City employee. All duties, conditions, appointment duration, salary, benefits, and other terms shall be specified by contract. The City Manager is a contract employee.
8. Emergency Employee. A full-time or part-time person hired to ensure continuity of municipal services during an emergency. Emergency appointments need only approval by the City Manager and are not eligible for any City employee benefits. Emergency employee’s shall not exceed three (3) months in duration.
9. Acting Employee. An incumbent appointed to temporarily assume the duties of a vacant position pending a regular competitive appointment. An incumbent normally assumes the acting appointment in addition to performance of his/her usual duties. However, an employee may be assigned by the City Manager to perform duties in a position not related to their regular duties (see Section 418 for pay practices).
10. Grant-Funded Employee. A full-time or part-time employee hired and compensated under a grant obtained by the City for a specific program. If provided for in the grant, these employees are eligible for benefits based on budgeted hours. Grant funded employees shall not have access to the grievance procedures when the adverse action is a result of a change in the grant provisions.
11. Special Staff (Deputy Chief – Term Appointment): A full-time regular LCPD or LCFD employee recommended by their respective Chief to serve at the will and pleasure of the Chief in the capacity of Deputy Chief. Upon termination of appointment, the employee shall revert to their previous position including changes in pay that may have occurred during their term of appointment.
  
  These employees are eligible for all employee benefits but may not grieve the termination of their appointment or reduction of salary resulting from the termination of appointment.
12. Independent Contractors. An individual who meets the IRS test for an independent contractor who is not a City employee. These individuals are not eligible for any employee benefits and perform a specific task for a set fee without supervision by the City.
  
  Procedures:
  1. Prior to securing the services on an individual the using Department/Section will meet with the Human Resources Department to make the determination of whether the contemplated arrangement meets the test for an independent contractor. If the funding source is a grant, the grant requirements will apply. If the contract is for more than $2,500 the Procurement Code will apply.
  2. If the determination is made that the arrangements meets the test for an independent contractor, the Department/Section will prepare the Independent Contractor Agreement. If the determination is made that the test cannot be met, the Human Resources Department will assist the section with the appropriate hiring category under the personnel manual.
  3. Once the Section has developed the independent contractor agreement, the agreement will be sent to the Legal Department for review of the agreement before either the Section or contractor has signed the agreement.
  4. Once approved by the Legal Department as to form, the agreement is sent back to the Section for signatures of the Section Administrator, Department Director and contractor, both signing as ‘approvals’ to the proposed agreement.
  5. The signed agreement is then sent to the Purchasing Manager for execution and date of the completed agreement.
  6. Once signed, Purchasing will issue the PO, send a copy of the executed agreement to the contractor and to the Section, and the original is sent to the City Clerk.