Drafter
Clerk 11/26/2002
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AN ORDINANCE relating to Section 530 of the King County Charter and adopting classification titles and pay ranges for appointed, career service and civil service positions in the executive branch; and amending Ordinance 11955, Section 12, as amended, and K.C.C. 2.16.100.
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PREAMBLE:
Motion 9106, adopted by the metropolitan King County council in August of 1993, requested the King County executive to draft a detailed work program and schedule for the preparation of an executive proposed comprehensive classification, pay and benefit plan that included reconciliation of the difference in pay in the newly consolidated government. Motion 10262, adopted by the metropolitan King County council in July 1997, set forth principles to be considered in the development of the executive's recommendations for a new classification and compensation plan for executive branch employees. The motion defined the labor market and the methodology to be used in the compensation study, determined how classifications should be assigned to salary ranges, and outlined the manner in which implementation of the compensation plan should be administered.
The county has concluded bargaining with unions that represent clerical, administrative support, professional and technical classifications and the council has adopted ordinances ratifying the collective bargaining agreements affecting those positions. The council subsequently adopted new, parallel, nonrepresented classifications and pay ranges for positions performing clerical and administrative support, secretarial and related work in the executive branch, including the department of assessments and the sheriff's office.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The classification titles and salary range allocations for nonrepresented classifications in the executive branch listed on Attachment A to this ordinance are hereby approved and adopted.
SECTION 2. Notwithstanding the provisions of K.C.C. 3.15.030, each nonrepresented incumbent, except for administrative support or secretarial employees, who presently occupies a position allocated to a classification set forth in Attachment A to this ordinance shall be placed on a step in the new salary range according to the following:
A. If the top step of the range assigned to the new classification is equal to or less than the top step of the range assigned to the former classification, the incumbent will be placed at a step in the range assigned to the new classification that is closest to, but not less than, their former rate of pay, not to exceed the top step of the new range except as provided for in this section.
B. If the top step of the range assigned to the new classification is greater than the top step of the range assigned to the former classification, the incumbent will be placed at a step in the range assigned to the new classification that provides for an increase of at least 2.5 percent, or the equivalent of one salary step.
C. For hourly employees covered by the provisions of the federal Fair Labor Standards Act, the rate of pay will be determined based on their hourly rate of pay. For salaried employees exempt from the federal Fair Labor Standards Act, the rate of pay will be determined based on their annual salary.
If the former hourly rate or salary includes an above step 10 amount as a result of a merit award, the employee's new hourly rate or salary will be based on the above step-10 amount, provided that if such increase results in an hourly rate or salary that is above step 10 (not to exceed five percent above the top step) the hourly rate or salary will be reduced to the top step at the end of the merit period unless the employee requalifies for an above step 10 merit award
If the former hourly rate or salary includes special duty pay for a special duty assignment, such special duty pay may be considered in determining the new hourly rate or salary at the discretion of the human resources division manager; provided, that the higher level duties encompassed by the special duty assignment have become a permanent part of the body of work performed by the incumbent. If the former hourly rate or salary exceeds the top step of the new salary range, except as otherwise allowed in this section, the incumbent's hourly rate or salary will be frozen with no cost of living or merit increases until such time as the top step of the new range exceeds the incumbent's rate of pay. However, should the incumbent qualify for an annual merit increase above the top of the range as provided in K.C.C. 3.15.020, such increase may be awarded, up to a maximum of five percent above the top of the range.
SECTION 3. Employees in the department of public safety classifications of chief and major are eligible for educational incentive pay to be calculated by the same formula as that applied to represented employees in the classification of captain.
Any employee of the department of public safety who is in the classification of major on the effective date of this ordinance, and who is also enrolled in the Law Enforcement and Fire Fighters retirement system plan 1 (LEOFF-1), will be grandfathered into the new classification system in their former classification and salary range allocation, and will continue to be eligible for educational incentive and longevity pay on the same basis that he or she was eligible prior to the effective date of this ordinance, to be calculated using the same formula as that applied to police officers represented by the Police Officer's Guild, but will not be eligible for merit pay above the maximum authorized salary rate for the former classification. Employees hired into the classification of major subsequent to the effective date of this ordinance will be placed in the new classification and salary range, regardless of which retirement system he or she may be enrolled in.
SECTION 4. Ordinance 11955, Section 12, as amended, and K.C.C. 2.16.100 are each hereby amended to read as follows:
Career service exemptions. A. Exemptions from the requirements of the career service personnel system shall be consistent with the provisions of Sections 550, 350.10 and 350.20 of the King County Charter. Key subordinate units, as determined by the county council, and departmental divisions shall be considered to be executive departments; and divisions of administrative offices shall be considered to be administrative offices for the purpose of determining the applicability of the charter provisions.
B. Accordingly, directors ((, managers)) and supervisors of departments, divisions, key subordinate units as determined by the county council, and other units of government as required by law, shall be exempt from the requirements and provisions of the career service personnel system.
C. In this regard, the following are determined by the council to be key subordinate units due to the nature of the programs involved and their public policy implications, and appointments thereto shall be subject to confirmation by the council:
1. The ((managers)) directors of the following divisions:
a. public defense division;
b. minority/women's business enterprises and contract compliance division; and
c. office of information resource management; and
2. County project coordinators or managers of the following limited term county projects:
a. Harborview medical center 1987 and prior-year bond project;
b. phase one regional justice center project; and
c. open space bond acquisition project.
3. When an ordinance is enacted designating a position as a key subordinate unit, no person then serving in such position shall continue to serve for more than ninety days after such enactment, unless reappointed by the executive and confirmed by the council.
D. In addition, if the following positions are authorized within executive departments, divisions or administrative offices, an administrative assistant and confidential secretary for each director, ((division manager,))chief officer of an administrative office and supervisor of a key subordinate unit as determined by the county council shall be exempt from the requirements and provisions of the career service personnel system.
SECTION 5. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the remaining portions of this ordinance. Further, should application of any provision of this ordinance to any person or circumstance be held
invalid, application of the provision to other persons or circumstances is not affected.
SECTION 6. This ordinance takes effect January 1, 2003.
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