Civilian PPM: Compensation and Salary

The City will establish a salary plan that links its position classifications to their appropriate labor markets and provides a competitive level of compensation required to attract and retain qualified employees.

Definitions

Salary Plan: The document that designates the currently approved salary ranges for each band and zone and their assigned classifications.

Bands: Broad grouping of classifications with similar types and levels of duties and qualifications. The established bands are:

• Senior Managers (#1)
• Managers (#2)
• Supervisors (#3)
• Professionals (#4)
• Paraprofessionals (#5)
• General (#6)

Zones: Additional salary groups within a band that combine classifications based on their market value and/or level of job duties. The assignment of a classification to a zone takes into account the following factors:

• Organizational structure
• Level of responsibility
• Nature and scope of duties
• Relationship to other classifications
• Market survey data
• Each zone is an open range and has the following components:
• A market average which is the  salary a successful  performing employee should receive
• The zone maximum is the maximum salary an exceptional performing employee can receive, which is set at 10% above market average

An entry point called zone minimum for the minimally qualified new hire, which is set at 80% of the market average

Salary Freeze: The freezing of an employee's salary occurs when  an employee is placed on a Performance Improvement Plan as outlined in Policy #30. In addition, a salary freeze can occur across the board for all employees with the approval of City Council based on budget restrictions and Mayoral recommendations.

Changes to the Salary Plan

The Mayor, as part of the annual budget process, may recommend changes to the salary plan. Recommended changes shall consider labor market salary and economic data collected and evaluated by Human Resources, the City's financial condition and employee recruitment and retention data. Changes are subject to City Council approval.

Salary Appeals

Subsequent to the completion of a comprehensive salary survey, an employee may appeal their salary when changes in the assigned salary band/zone of their classifications are recommended. Human Resources shall provide an appeal procedure within 90 days through a Mayor designated committee.

The normal work year, beginning January 1 and ending December 31, consists of fifty-two, 40-hour weeks. The designated work week is the period from 00:01 hours Sunday to 24:00 hours Saturday.

All full-time regular and special employees are scheduled to work 40 hours per work week, excluding designated, paid City holidays. Unpaid meal periods are not included in hours worked.

In order to meet operational requirements the Department Director/Division Manager/Council/Mayoral Appointee or designee shall establish the appropriate Sunday through Saturday work schedule for each employee.

Non-exempt employees may not work outside their regularly assigned work schedule without supervisor approval. Specific prohibitions include, but are not limited to:

• Starting work early
• Finishing work late
• Working during a meal break
• Performing extra or overtime work

Non-exempt employees are also prohibited from accessing work outside the regular work schedule without supervisor approval. This shall include, but is not limited to:

• Taking phone calls
• Responding to text messages
• Accessing work-related systems (voice-mail, e-mail, software applications, etc.).

Non-exempt employees will be paid for all time worked. However, non-exempt employees that work outside their regular work schedule without supervisor approval, or fail to report time worked outside the regular work schedule, may be subject to disciplinary action. It is the supervisor’s responsibility to communicate policy regarding the conduct of work outside regular work hours, to verify the accuracy of time records, including the reporting of time devoted to work outside regular work hours, and ensure they do not inadvertently create a situation where employees are encouraged to work outside the regular work schedule.

Flex-time

Many operations of the City allow for the flexible scheduling of the employee's work day. The following factors must be considered when implementing a flex-time program:

• City administrative offices are to be open from 8:00 a.m. to 5:00 p.m., Monday through Friday.
• Flex-time schedules must be approved by the Department Director/Division Manager/Council/Mayoral Appointee or designee.
• Nonexempt employees must keep a record of daily hours worked, if it is other than a fixed schedule. (This can be an informal log maintained on a calendar.)
• Nonexempt employees may not establish a work schedule that exceeds 40 hours per week.

The Department Director/Division Manager may from time to time allow flex-time to accommodate exceptional circumstances for an employee.

Changes in Work Schedule

The Department Director/Division Manager/Council/Mayoral Appointee or designee may change an employee's established work schedule to meet operational requirements.

Release From Work

For employees who have worked extensive overtime, the immediate supervisor may send an employee home or direct the employee to report to work late when, in the supervisor's sole judgment, the employee's lack of adequate rest poses safety risks to the employee or co-workers. Scheduled hours not worked by the employee shall be paid at straight time.

Employees performing duties as a Commercial Motor Vehicle driver must comply with applicable Department of Transportation regulations for maximum consecutive hours of working/driving time and consecutive hours off.

Meal Periods and Breaks

The nonexempt employee's normal work schedule will include a minimum of a 30-minute, unpaid meal period during any work day that exceeds 4 hours, and one 15-minute paid break for every 4 hours worked.

• Break and meal periods include all time that an employee is away from work.
• Operational requirements may prevent the use of break periods. No additional compensation shall be paid in lieu of the missed break. Breaks shall not be cumulative in order to shorten the workday.
• Field employees will take their breaks and meal period at the work site. Employees who travel between work sites may take their breaks and/or meal period at any location within reasonable proximity of the work location(s) and authorized by the immediate supervisor.
• For designated shift workers the meal period is a paid part of the workday.
• If the work day exceeds 8 hours, the approval of any additional unpaid meal period(s) is at the discretion of the immediate supervisor considering the anticipated length of the work day.

Accommodations for Nursing Mothers

A private space will be provided, and reasonable time will be permitted for nursing mothers to express milk during the workday for up to two years following the birth of a child. The time permitted will typically run concurrently with the time already provided for meal and rest breaks. If the breaks cannot run concurrently and/or additional time is needed, the employee’s supervisor and the employee will agree upon an appropriate schedule. Employees will be provided with the use of a room, office, or other private area, other than a bathroom, that is shielded from view and free from intrusion by co-workers and the public. The City will make a reasonable effort to identify a location within close proximity to the work area for the employee to express milk.

All employees may be required to work in excess of 40 hours in the workweek. Departments/Divisions are encouraged to minimize those occasions that place employees in a situation where they are required to work extensive consecutive hours of overtime. Compensation for overtime shall, at minimum, comply with all applicable federal, state, and/or local rules and regulations. All overtime must be approved in advance by the immediate supervisor.

Nonexempt Employee Compensation

Nonexempt employees will be compensated at the appropriate overtime rate for all hours worked in excess of the 40 hour workweek. Hours worked does not include holidays, funeral leave, jury leave, performance award time off, compensatory time off, vacation time, sick leave or paid leave used for work absence due to sick purposes when sick leave is exhausted or other paid leaves. Leaves without pay will not be included.

• Rates: The normal overtime rate is 1 ½ times the employee's regular rate of pay. That rate is calculated in accordance with the requirements of the Fair Labor Standards Act and represents the employee's average hourly rate when all pay differentials are included with the base hourly rate.
• Scheduled Overtime: Overtime announced 12 hours in advance is considered "scheduled". If the scheduled overtime does not begin immediately prior to or after the employee's normal work schedule, the employee shall be compensated for a minimum of two hours at the appropriate overtime rate.
• Overtime While Traveling: A nonexempt employee who is required to travel to and from a temporary job site or a directed training site will be compensated in accordance with the Fair Labor Standards Act.
• Release from Work: A nonexempt employee's normal work schedule shall not be reduced without prior notice for the sole purpose of avoiding overtime compensation for hours that have been worked. The immediate supervisor may notify the employee in advance of a work schedule change in order avoid a potential overtime situation. See Policy and Procedure #10, Work Schedule.

Exempt Employee Compensation

Exempt employees, except in unusual circumstances as authorized by the Department Director or Council/Mayoral Appointee, will not be compensated for hours worked in excess of their standard workweek (i.e., 40 hours, ¾-time, ½-time, etc.). It is recognized that the executive, professional, and administrative employees (as defined in the Fair Labor Standards Act) do not adhere to a strict standard workweek. In those instances where an exempt employee is required to work extensive hours, exceeding their standard workweek for a prolonged period of time, the Department Director and the Human Resources Director or Council/Mayoral Appointee may authorize time off or a special payment of additional compensation.

Overtime Exemption

Hourly and seasonal employees of City recreational operations, which are exempt from the overtime provisions of the FLSA, will not be covered by the overtime provisions of this policy.

Overtime Distribution

Within the operational requirements of the work to be performed, the immediate supervisor shall use their best efforts to distribute the opportunity to work overtime among qualified employees.

Overtime Refusal

An employee who is required to work overtime and refuses is subject to disciplinary actions, up to and including termination, unless such refusal is protected by law.

Volunteer Time

The City will comply with laws governing the payment of overtime to non-exempt employees. If there is a question about the classification of an activity as work time or volunteer time, please contact Human Resources.

Meals During Overtime

In order to ensure employee safety and to maintain employee productivity, the supervisor shall make every attempt to ensure that employees working overtime are provided a paid meal period at reasonable intervals.

When unforeseen circumstances dictate, the supervisor may authorize the payment for meals delivered to the work site or eaten off-site. 

Certain functions of the City of Colorado Springs require seven day, 24 hours/week operations. Employees who staff those functions are eligible for some or all of the following pay differentials in addition to their base hourly rate.

2080-Hour Shift Workers

Regular, probationary, and special employees are designated as 2080-hour shift workers if they staff seven-day, 24-hour operations and are scheduled to work 2080 hours in a work year.  2080-hour shift workers follow the shift worker holiday schedule, receive shift worker holiday pay and are eligible for shift differential and holiday premium pay.

2000-Hour Shift Workers

Regular, probationary, and special employees are designated as 2000-hour shift workers if they staff a normal (not 24/7) City operation, are scheduled to work 2000 hours in a work year and are regularly scheduled to work hours in Shift 2 or 3.  2000-hour shift workers follow the regular City holiday schedule (subject to operational requirements) and are eligible for pay differential, and holiday premium pay.

Shift Differential and Pay Differential

An employee designated as a 2080-hour shift worker receives shift differential (separate rate for shift 2 and 3) when the majority of their regularly scheduled hours fall in Shift 2 or Shift 3.

An employee designated as a 2000-hour shift worker receives a pay differential (set rate) when the majority of their regularly scheduled hours fall outside of Shift 1.

Regularly scheduled means either permanently scheduled to work a particular shift or scheduled to work a particular shift on a rotating or fixed basis. Shift and schedule changes outside of the permanent schedule (less than a full pay period) do not qualify for shift or pay differential.

The shift or pay differential rate is paid on regularly scheduled hours worked (it is not paid on any paid or unpaid time off or on overtime), however the shift or pay differential is included in the FLSA regular rate for overtime calculations. If the hours in the regular schedule are evenly split between two shifts, the higher rate will be applied.

Following are the established shift periods:

• Shift 1 -- 8:00 a.m. to 4:00 p.m.
• Shift 2 - 4:00 p.m. to midnight
• Shift 3 - midnight to 8:00 a.m.

Shift and pay differential rates are recommended by the Mayor and approved in the annual budget process by City Council.

2080-Hour Shift Worker Holiday Pay

A regular, probationary, or special employee designated as a 2080-hour shift worker shall receive 8 hours of holiday pay for each of the following City holidays.

• New Year's Day - January 1
• Martin Luther King, Jr. Day - 3rd Monday in January
• President's Day -- 3rd Monday in February
• Memorial Day - last Monday in May
• Independence Day - July 4
• Labor Day - 1st Monday in September
• Veteran's Day - November 11
• Thanksgiving Day - 4th Thursday in November
• Friday after Thanksgiving
• Christmas Eve
• Christmas Day -December 25

2080-hour shift worker holiday pay is in addition to regular pay and is paid whether or not the holiday is worked. It is the equivalent of the employee's base hourly rate.

2080-hour shift worker holiday pay is in addition to regular pay and is paid whether or not the holiday is worked. It is the equivalent of the employee's base hourly rate. Due to Police Department operations and scheduling demands, Police Services Representatives will be allowed to bank shift worker holiday hours in their personal leave bank in lieu of receiving shift worker holiday pay.

2080-hour shift workers who are scheduled to work on a shift worker holiday, but request the day off, must take paid leave (vacation, personal holiday, or compensatory time off) or if no paid leave time is available, take leave without pay.

2080-Hour Shift Worker Holiday Premium Pay

A regular, probationary, or special employee, who is designated as a 2080-hour shift worker, who works a regularly assigned shift that falls on a shift worker holiday, shall receive holiday premium pay for all hours worked on the holiday. Such pay is in addition to regular pay, shift differential, and holiday pay. It shall be paid at ½ times the base hourly rate for each hour worked on the holiday.

2000-Hour Shift Worker Holiday Pay

A regular, probationary, or special employee who is designated as a 2000-hour shift worker receives holiday pay in accordance with Policy and Procedure #16, Holidays.

Meal Periods

For certain designated shift workers who are required to be available for work during the entire shift, the meal period shall be paid and included in the 40-hour work week schedule.

The City of Colorado Springs is dedicated to serving our citizens and will attempt to maintain normal working hours even during inclement weather or emergency situations.

Under unusual circumstances such as inclement weather, the Mayor and/or Chief of Staff may choose to direct non-essential employees not to report for work, to report for work late, or to leave work early.

Each calendar year, the Mayor and/or Chief of Staff may grant up to 40 hours of paid leave to cover the partial closure of non-essential City offices and services due to unusual circumstances such as inclement weather.

Employees will be paid for any regularly scheduled hours that they do not work as a result of emergency closings or delays. If closings or delays exceed the annual maximum of 40 hours, non-exempt employees may choose to use available personal, vacation, or comp time, or make up the hours during the same workweek with supervisor approval. 

Employees Who Do Not Report to Work

Employees who do not report to work on a day when operations are delayed or close early will not qualify for Inclement Weather pay. In these circumstances an employee may request leave from the appropriate leave bank (personal, sick, vacation, comp time), or may make up time during the same workweek with supervisor approval.

Essential Personnel

Certain employees who staff essential operations and services as determined by the Department Director, Division Manager or Council/Mayoral Appointee are excluded from this policy.

For purposes of snow emergency, Snow Emergency Essential Personnel are expected to respond and work their required schedule as a condition of employment. Personnel who fail to respond and to work their required schedule may be subject to disciplinary action.

The City of Colorado Springs supports the use of teleworking in those instances where work at home, on a full-time or part-time basis, is an acceptable alternative to the usual City work site.

Approval

Department Directors/Division Managers or Council/Mayoral Appointees have the discretionary authority to approve the use of teleworking. In determining a job's suitability for teleworking, the Department Directors/Division Managers or Council/Mayoral Appointees will take into consideration the following factors:

• Nature and scope of the employee's primary job assignment.
• Impact on customer service.
• Expense to the City for setting up a work station.
• Employee's past performance.
• Benefits to the City, such as employee retention, increased productivity, ADA accommodation, and limited availability of office space.

Teleworking Agreement

Should the Director or Council/Mayoral Appointee approve the use of teleworking, the employee will enter into a teleworking agreement. At a minimum, the agreement will cover the following:

• Nature and scope of the work to be performed.
• Time reporting requirements.
• Overtime reporting.
• Equipment to be provided by the City or by the employee.
• Reimbursable expenses.
• Information security requirements.
• Insurance requirements and liability coverage.
• Worker's compensation coverage and accident reporting requirements.

Since participation in the program is voluntary for both management and employees either management or the employee may terminate the agreement at any time.

Occasional Work At Home

This policy does not apply to those situations where an employee, with the immediate supervisor's permission, may occasionally work at home to complete a report or special project.

Dependent Care

Teleworking is not to be used as a regular substitute for child or elder care. Other care arrangements must be available during working hours if there are young children or elderly individuals in the home.

Role of Metro Rides

Metro Rides will provide assistance and consultation to the Departments/Divisions who wish to establish a teleworking program. The staff is available to provide training and consultation.

References: Teleworking Addendum in Public Folders

A nonexempt employee who is eligible for overtime, with the approval of the immediate supervisor, may accrue compensatory time off in lieu of payment for overtime. The compensatory time off shall accrue at the appropriate overtime rate. Use of compensatory time off must be approved in advance by the immediate supervisor.

Limitations

A supervisor may not require an employee to accrue compensatory time off as an alternative to paying overtime, unless the employee agrees to accrue compensatory time.

Supervisor may not require the use of compensatory time instead of overtime payment, without employee agreement.

Exempt Employees

Exempt employees, except in unusual circumstances as authorized by the Department Director or Council/Mayoral Appointee, will not be compensated hours worked in excess of their standard workweek (i.e., 40 hours, ¾ time, ½ time, etc.).  It is recognized that the executive, professional, and administrative employees (as defined in the Fair Labor Standards Act) do not adhere to a strict standard workweek. In those instances where an exempt employee is required to work extensive hours, exceeding their standard workweek for a prolonged period of time, the Department Director and the Human Resources Director or Council/Mayoral Appointee may authorize time off or a special payment of additional compensation.

Maximum Balance

The maximum compensatory time balance shall not accrue beyond 80 hours. Overtime hours worked in excess of the maximum will be paid at the appropriate overtime rate. The City reserves the right to direct an employee to take accrued compensatory time off.

Payment Upon Status Change Non-Exempt to Exempt

If an employee has a status change from non-exempt to exempt, all accrued compensatory time shall be paid out on their next regular paycheck after the status change.  If a pay increase is received as a result of the status change, the compensatory time will be paid at the previous (non-exempt) rate.

Payment Upon Separation

Nonexempt employees, separating from employment with the City of Colorado Springs, will be paid for all accrued compensatory time. Payment will be paid at the base hourly rate.

Recordkeeping

All compensatory time must be recorded.

Standby

Operational requirements of the City may require that an employee be on standby awaiting a call out for return to work. An employee who is placed on standby must be available for contact by pager or telephone. During the standby period, the employee is able to engage in non-work related activities.

Upon call out, the employee is expected to be capable of performing assigned duties and is to respond in accordance with department/division instructions. Call out may require, but is not limited to, a return to the work site, teleworking, or providing assistance via the telephone.

An employee assigned to standby who is not available for call out or who is incapable of performing assigned duties, will be subject to appropriate disciplinary action. An employee is responsible for informing the immediate supervisor of prescribed drugs or alcohol use that would render them incapable of responding to the call out.

Rate of Pay While on Standby

• Nonexempt Employees: Due to budget or operational reasons, the Department Director/Division Manager may require nonexempt employees within a specific workgroup or classification to be on standby without additional compensation. However, if compensation is awarded for employees working assigned standby, it shall be at 15% of the base hourly rate for the specific standby period.
• Exempt Employees: Except as authorized by the Department Director/Division Manager or Council/Mayoral Appointee will not be compensated for standby hours.
•  Employees Who Reside in City-Provided Housing (Caretakers) shall not be compensated for standby hours.

Rate of Pay When Called-Out from Standby

• A nonexempt employee shall be compensated for hours worked, including one hour round trip travel time, at the appropriate overtime rate. Standby compensation is interrupted by call-out.
• An exempt employee who is authorized standby pay shall continue to receive standby pay unless the employee is also authorized overtime pay.

Emergency Call-Out

All employees are subject to emergency call-out without prior notice. Contrary to standby, emergency call-out is not scheduled and assigned, but may become operationally necessary. An employee is not expected to curtail activities and is not eligible for additional compensation prior to the emergency call-out. When such an emergency call-out requires a non-exempt employee to make an additional round-trip to a work site, one hour of pay at the appropriate overtime rate shall be paid.

An employee shall be required to ensure that the immediate supervisor has a working telephone number by which the employee may be contacted during an emergency.

Availability

An employee who refuses to respond to such call-out without good cause may be subject to disciplinary action, up to and including termination.

Acting Pay

Acting pay is additional compensation for temporary assignment of a period of more than 30 consecutive days to a position of a higher classification.

Rates of Pay

• Acting pay may be authorized up to 10% of the assigned employee's base salary. When combined with the employee's base hourly pay, acting pay may not exceed the zone maximum of the classification to which the special assignment is made. The Department Director/Division Manager is responsible for ensuring the employee's new base pay does not exceed Zone maximum.
• Acting pay for an employee assigned to a classification in pay bands 1 or 2 shall be determined by the appointing authority.