ARTICLE II
SALARY AND COMPENSATION

Section D
ADVANCEMENT IN SALARY

  1. CLASSIFICATION COMMENCEMENT
    With respect to all appointments including transfers, made after December 16, 2007, classification shall be deemed to commence on the exact date of the employee's hire date.

  2. MOVEMENT WITHIN THE TEN-STEP RANGE
    Affected employees below the tenth step of the salary range shall be considered for salary adjustment on an annual basis and may receive an adjustment of zero to three steps within a year. The department head shall have the authority to grant step increases. Initial adjustments for employees starting service at step one in any affected classification shall be made at six months of service if the employee's job performance at the six month period is satisfactory. A zero to three step adjustment may be given based on one evaluation for these employees only. Subsequent evaluations for affected employees shall be made effective on the anniversary date of the employee's sixth month of service. The department head shall have the authority to grant salary adjustments based on evaluations more than once annually only to the extent that an employee not exceed an increase of three steps within a one-year period. Salary increases within the salary range shall be based upon satisfactory job performance. In no case will an employee receive less than two steps if their current and immediate prior evaluations are satisfactory or above. All employees may be evaluated every six months at the department head's discretion. The performance evaluation shall be conducted on forms agreed upon between representatives of the City and the BCEA. Evaluations shall be conducted by the employee's supervisor, subject to review and concurrence by the department head. Proper notice of 48 hours prior to meeting shall be given to the employee. Employees shall be allowed to retain evaluation for 48 hours to review and compose comments. Salary increases shall only be given based upon a performance evaluation.

  3. FAILURE TO PERFORM EMPLOYEE EVALUATIONS
    If the Department fails to process a Personnel Action Form on the due date, it is assumed that the employee meets expectations and shall be given a two (2) step salary increase, not to exceed step ten. The Benefits Section shall initiate the necessary paperwork to process the step(s) increase retroactive to the due date. This will begin upon notification of Employee Relations by the union or employee of a late evaluation. (This will require the department to complete the paper process.) Effective July 1, 2005, if an employee has two consecutive missed evaluations the employee shall be given a check equal to one percent (1%) of annual salary. Although this 1% will be provided to employees as a lump sum, it will be reported on an annualized basis to the Public Employee Retirement System (PERS) in accordance with State regulations. This acknowledges that an employee was precluded from having goals and objectives set for the BCEA Merit Pay of up to five percent (5%) that all BCEA employees are eligible for. This failure by management shall not warrant accelerating an employee's next scheduled evaluation. The parties agree that this rule will not be applicable to employees in the following circumstance, unless otherwise mutually agreed to in writing:

    A. If the employee has been off work at least 30 days prior to the date that the employee was supposed to be given the evaluation and the employee continues to be off duty, the 1% provision will not apply until at least 30 consecutive days after the employee returns to duty (i.e. the supervisor must give the employee the performance evaluation within 30 days of the date that the employee returns to work). Should the supervisor fail to give the employee the performance evaluation within this time frame, the above 1% provision will be applicable.
    B. Employees must have occupied the same position (excluding title changes only) for two consecutive years. As such, an employee who is continually promoted on or prior to their evaluation due date to another position will not be eligible for the 1% until they have occupied a position for long enough that they have missed two consecutive evaluations.

  4. DENIAL OF STEP INCREASE
    An employee who receives two consecutive overall below satisfactory performance evaluation ratings shall not be advanced to the next salary step. The department head may reduce the monthly salary of an employee by up to two (2) steps in any twelve(12) month period on the basis of two consecutive overall below satisfactory performance evaluation ratings. No evaluation done prior to July 1, 1987, shall be used to reduce an employee in salary. Furthermore, no employee shall receive a reduction in salary exceeding two (2) steps in a five-year period. Finally, no employee who received fifth step under the five-step plan prior to July 1, 1987, shall receive a reduction to a step below the ninth step.

  5. DOCUMENTATION & PROGRESSIVE DISCIPLINE
    A below satisfactory performance evaluation will not be used for denial of a step increase, unless documentation and justification for the evaluation exists. A reduction of a step or steps shall be treated as a disciplinary action and shall fall under the rules of progressive discipline. Such documentation and justification shall be consistent with the principles of progressive discipline.

  6. APPEALS
    All denials and reductions are fully appealable through the grievance procedure and the procedures outlined in this agreement.

  7. ELIGIBILITY AFTER STEP INCREASE DENIAL
    An employee who has had a step increase denied or salary reduced shall be reconsidered for a future step increase no later than six months following the denial/reduction. Any increase shall be based upon satisfactory job performance.

  8. MOVEMENT TO THE 10TH STEP
    Employees currently on the 10th step shall remain on the 10th step provided they are otherwise eligible under existing rules. Employees on the 9th step effective July 1, 1999 and who were scheduled or should have been scheduled for an evaluation between July 1, 1999 and the adoption of this MOU, shall be raised to the 10th step subject to the rules and practices that currently control the movement of employees from steps 1 through 9. Any pay increase will be retroactive to the employee's anniversary date. Employees on the 9th step, who are to be scheduled for an evaluation subsequent to the adoption of this MOU, will be moved to the 10th step subject to the current rules and practices that control movement through steps 1 through 9. Any salary increase for the employees will be effective on the employee's anniversary date. NOTE: For purposes of applying this Item 8 of Section D, the provisions of Item 3 of Section D will not be applicable. Supervisors will have three months from the adoption of this MOU to get current with the employee evaluations. At the end of the 3 month period, the provisions of Item 3 of Section D will be applicable to personnel actions mandated by the provisions of Item 8 section D.

  9. OBJECTION TO SALARY INCREASE
    Step increases shall be automatic unless the department head of such employee, or the City Manager if there is no department head, objects in writing to such increase, detailing the reasons therefore, and serves such objection on the Management Services Department not later than the 25th day of the month preceding the date on which the salary increase is to take effect. It shall be the duty of the Management Services Department to notify the department head or City Manager, as the case may be, of any impending step number salary increase at least ten (10) days, but not sooner than thirty (30) days, prior to the date on which such increase is to take effect. Whenever objection to any increase is filed with it, the Management Services Department shall notify the employee affected that his or her step advancement has not been approved.

  10. ELIGIBILITY AFTER STEP INCREASE DENIAL
    Failure to receive a salary increase as herein provided shall not preclude any employee from thereafter receiving such increase. Any employee so affected shall receive such increase after he or she shall have been classified in his or her current step number for an additional six (6) months, and, in the event the increase is again successfully opposed as herein provided, the employee shall be eligible for such increase yearly thereafter, subject, however to objection and denial as herein provided.

  11. ACCELERATION OF STEP INCREASES
    Step advancement may be accelerated by the City Manager. All employees must comply with each of the following conditions:
    1. The department head in his or her written request for acceleration certifies that the employee has performed his or her work in an outstanding, meritorious manner, giving the reasons therefore, or certifies that the employee has regular, full-time responsibilities of supervision whose rate of pay is equal to or less than one or more of his or her subordinates and that in making the request he or she has already exhausted the assignment resources which would have placed a senior supervisor over a senior subordinate; provided that for supervisory responsibilities, the acceleration will not result in a rate of pay which shall exceed the rate of pay next higher than that of the highest paid subordinate, other than those subordinates who are being paid at a "Y" rate, are on temporary service, or are being paid a salary differential to which the supervisor is not entitled. Requests for acceleration on the basis of supervisory/subordinate relationship shall be submitted to the City Manager through the Management Services Director and the department head shall use such references as the class specifications and the most recent organization chart approved by the City Manager, or in case these are not conclusive, he or she shall include a written statement setting forth the duties and the place of the position in the department organization. The anniversary date of the supervisor whose salary is accelerated as herein provided shall not be changed by such accelerations;

    2. At least six (6) months have elapsed after the employee's appointment to the classification;

    3. Not more than two (2) salary steps are recommended;

    4. The employee has had no previous step advancement acceleration during his or her employment in the particular classification;

    5. The employee's seniority held in the step from which advanced is carried forward.

    12. MERIT PAY JOINT LABOR / MANAGEMENT COMMITTEE
    The Joint Labor/Management Committee will meet at least once a year to review the merit pay plan and make changes if necessary.