A. General: Classification and pay plans shall be established by ordinance of the city council and are subject to modification at any time at the discretion of the city council.
C. Pay Plan: The compensation of all officers and employees of the city shall be established by the pay plan as adopted or amended in the annual budget. Salary ranges shall be established by the pay plan for each class of position in the classified and merit services and for nonelected members of the nonmerit service. The mayor may propose changes to the adopted pay plan, which changes may be approved by the city council by ordinance.
D. Pay Standards: The following standards shall apply to full time employees who are members of the classified and merit services:
1. Minimum Rate Of Pay: The minimum rate of pay for a class shall be paid a new employee on the employee's original appointment to a position except when, as determined by the department director and the mayor or the mayor's designee, there has been demonstrated an inability to recruit at the minimum rate of pay or the new employee possesses qualifications warranting employment at a higher rate in the pay range. The mayor, mayor's designee, or a department director may increase an employee's pay rate within range in addition to annual pay increases provided in this section, as necessary to retain an employee that might otherwise leave city employment, provided the employee possesses unique skills, qualifications or abilities that warrant retention and has demonstrated superior work performance.
2. Establishment Of Pay For Performance System:
a. The department of management services, through the division of human resources, shall modify and adopt employee policies and procedures as necessary to implement a performance appraisal system which, to the maximum extent feasible, permits the accurate evaluation of job performance based on fair and nondiscriminatory standards related to each position (which may include certain citywide values).
b. Subject to budgetary restraints, beginning July 1, 2009, and thereafter at the beginning of each fiscal year, annual pay increases shall be based on performance, provided, however, that no employee shall be eligible for an increase whose overall annual evaluation rating under the performance appraisal system does not meet expectations.
c. Subject to budgetary restraints, beginning July 1, 2009, and thereafter at the beginning of each fiscal year, salary ranges in each job classification shall be modified, as necessary, based on benchmarking of other Utah cities, and employees below the minimum in their range shall be advanced to the minimum rate of pay in the modified range. Employees whose rate of pay is above the maximum salary range for their position shall have their rate of pay frozen until such time as the range for that position is increased based on benchmarking. Such employees whose overall annual evaluation rating exceeds expectations as determined by the department director are eligible for an annual bonus based on performance.
F. Severance Pay:
1. Eligible Employees: Unless otherwise prohibited in this subsection, the chief administrative officer, department directors, deputy and assistant city attorneys unless principally assigned to prosecution activities, and all appointed nonmerit, full time employees in the mayor's office and city council's office ("eligible employees") are entitled to severance pay as provided herein, in the event their employment with the city is involuntarily terminated.
2. Amount: Severance pay shall be in an amount equivalent to one month's pay for each consecutive year of employment with the city, not to exceed six (6) months. The monthly payment amount shall be based on the employee's monthly salary on the date of termination. Payment is to be made in a lump sum within thirty (30) days of the effective date of the termination. This payment will be in addition to any other benefits to be received on termination, as authorized under the pay plan. Notwithstanding the above, the amount of severance pay may exceed the amount authorized herein for the chief administrative officer, the executive director of the city council, or a department director, if authorized under a contract of employment entered into after December 20, 2005, if:
a. Such contract is in writing and on file in the city recorder's office and was entered into prior to the date of appointment; and
b. Such contract was publicly disclosed to the city council as part of the appointment approval process.
3. Prohibition: Severance pay shall not be paid to an otherwise eligible employee who:
a. Has been terminated or requested to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office; or
b. Has been terminated or requested to resign upon being convicted, indicted, charged or is under criminal investigation concerning a public offense involving a felony or offense of moral turpitude; or
c. Voluntarily resigns or terminates employment with the city under circumstances not defined herein as an "involuntary termination"; or
d. Fails to sign a full written release of all claims against the city related to such termination, as approved by the city attorney.
4. Rehiring Restrictions: No employee receiving severance pay may be rehired with the city within one year of the effective date of termination, whether as an employee, contractor, or as a principal of an independent contractor providing employment or other professional services. "Principal" shall include any officer, director, partner or owner holding thirty percent (30%) or more of the entity acting as the independent contractor. This prohibition may be waived if severance pay is repaid upon a rehire within the period of limitation.
5. Definitions: The following terms as used in this section shall have the designated meanings:
INVOLUNTARY TERMINATION: a. Termination of employment contrary to the will or desire of the employee;
b. Resignation of employment by employee upon the request or suggestion of the mayor or other officer or body with termination authority; or
c. Resignation of employment upon a demotion or a reduction in pay not generally applicable to other similar nonmerit employees.
SEVERANCE PAY: A sum of money that an employee is eligible to receive upon involuntary termination of employment, based on the length of employment or, if so provided by contract or other agreement, an unfinished term of employment. It shall not refer to salary or wages applicable during the term of employment, compensation for unused leave authorized under the pay plan, early retirement incentives, back wages, or other damage payments not in the form of severance pay.
6. Employment Agreement With Different Severance Terms: If an employment agreement with different severance terms was entered into prior to December 20, 2005, then the eligible employee will be entitled to the benefit of the more advantageous terms.
7. Restriction Not Intention: It is not the intention of this section to restrict the granting of severance pay to other employees of the city, not defined as an eligible employee herein, as part of a settlement agreement related to either an involuntary termination or a settlement of claims related to employment, but in no event shall severance pay under such agreement exceed the amount that would otherwise be allowed under subsection F2 of this section, if the employee were an eligible employee.
(Ord. 2010-18, 6-22-2010, eff. 7-1-2010)
