TABLE OF CONTENTS

PURPOSE:

The purpose of this Policy is to establish and authorize an equitable compensation and benefits system.

POLICY:

It is the policy of the Johnson County Government to make good faith efforts to provide fair total compensation (pay and benefits) to County employees and to comply with applicable laws. The County is committed to attracting, retaining, rewarding, and motivating employees by, in part, providing a total compensation package that, to the extent reasonably possible, is:

As a part of this commitment, the Board of County Commissioners maintains the exclusive authority to develop the County’s compensation and benefits philosophy, to establish classification and compensation systems that support this philosophy, and to approve the overall budget for compensation, including the compensation pool and the County’s pay table. The compensation pool and the County’s pay table will be established by the Board through the annual budget process.

The County establishes employee pay rates based upon the pay table. Employees shall be compensated within the pay range associated with their position classification; provided that, if a position is properly classified under the County’s position classification system, but external market data indicates that competitive pay exceeds the designated pay range, the County Manager may authorize a market premium for the position. A market premium allows a position to be compensated at a pay rate higher than the pay range maximum associated with the position classification. The County Manager may adopt Human Resources Procedures for the establishment and adjustment of employee pay rates consistent with the pay table and may set parameters and maximums for the initial pay rate for new hires. Adjustments and increases to employee pay rates will be administered in a manner consistent with the pay table.

The employee’s pay rate must be increased at the time of a promotion unless his/her salary is at or above the maximum of the new pay range and the County Manager may, within parameters, establish minimums and maximums for promotional increases. The County will consider internal equity (i.e., the pay rates of current employees in the same type or similar positions) and employee qualifications (i.e., knowledge, skills, abilities, experience, and related qualifications) when making pay rate determinations. Employees who are assigned duties typically performed by a higher-level position on a temporary or interim basis may be eligible for a temporary pay increase. The County Manager may adopt Human Resources Procedures for the adjustment of employee pay rates consistent with the County’s compensation philosophy.

As part of its commitment to motivate and reward performance, the County awards merit pay rate increases in an equitable manner based on individual employee performance. The County Manager may adopt Human Resources Procedures for the implementation of merit increases consistent with the County’s pay for performance philosophy. A merit pay rate increase may not cause the employee’s pay rate to exceed the pay range maximum for his or her position but may be paid as lump sum to ensure that outstanding performance is rewarded. In addition, the County Manager may adopt Human Resources Procedures providing for the establishment and payment of bonuses and incentive plans consistent with the County’s philosophy of rewarding and encouraging outstanding performance, and the County Manager may authorize departments/agencies to use any available funds, not just compensation funding, within the budget of the department/agency, or within other funding sources approved by the County Manager for such use, to fund the bonus or incentive payments or to cover costs of paid time off. Funding of bonus or incentive payments or paid time off may be made out of general expenditures budget for the department/agency. It is not required that payments for bonuses or incentives are come out of the compensation pool for merit and promotional increases for the department/agency.

The County uses differentials to provide additional compensation for positions that require an employee to work nonstandard shifts or that may cause a hardship or inconvenience to the employee. Differentials may cause the pay rate to exceed the pay range maximum. Only nonexempt positions are eligible for differentials. The County Manager may adopt Human Resources Procedures setting forth the standards and procedures for provision of differentials.

The County Manager also may adopt Human Resources Procedures permitting departments/agencies to provide additional compensation in the form of on-call and call-back pay for nonexempt employees who are required to be available to respond to situations that require immediate attention to ensure the continuity of business operations.

The County provides for payment of a car allowance, as an element of compensation as well as cost reimbursement, for authorized county officials, whether elected or appointed, including members of the Board of County Commissioners, and the County Manager may establish criteria for and authorize the payment of car allowances for county employees based upon demonstrated business need or purpose, consistent with Board policies and practices. The County Manager is authorized to adopt procedures for the award, determination, and payment of car allowances, whether as an element of compensation or for other business purposes or needs, and hereafter the amount of any car allowance, whether now established or hereafter approved shall be set and/or modified in accordance with the procedures established by the County Manager, consistent with budget and fiscal policies and approvals of the Board.

The Board’s adoption of the County’s annual budget for compensation constitutes approval of the County’s pay table, the compensation pool, and the classification and compensation system components established by the County Manager through the Human Resources Procedures. Departments/agencies will remain within their budget when funding pay-related activities. The amount of all pay rate increases may be capped annually at a rate designated by the County Manager. Annual caps will be announced by the County Manager each year, if applicable.

All County positions, whether classified or unclassified and regardless of funding source, are administered in compliance with the compensation policy and related procedures.

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PROCEDURE 301-1
THE PAY TABLE

This Procedure establishes the standards for maintaining the pay table for classified positions.

The pay table establishes the parameters to determine a market competitive pay range for a position based on its classification and corresponding pay grade.

The pay table is designed based on the County’s compensation philosophy. There is one pay table for all classified positions.  Each position classification corresponds with a pay range in the pay table. The entire pay range is considered to be market-competitive for that position classification.

Budgetary or market conditions may cause an employee to be paid in any of the three Terciles, regardless of Tercile definitions. Such conditions include funding for vacant positions, the size of the compensation pool, the availability of qualified applicants at the time of hire, and other relevant factors.

The Department of Human Resources will conduct annually a comprehensive external market analysis of the pay table to ensure that the pay ranges are market competitive, based on the County’s compensation philosophy. Recommendations to change or increase pay ranges are made by the Department of Human Resources as necessary, as a part of the annual budget process.

The pay range for positions classified 10-15 is based on the median of the local Kansas City marketplace, and the primary source of data for these positions is the Kansas City Human Resources Management Association.

The pay range for positions classified 16-20 is based on the median of the HayGroup's All Companies Marketplace Salary Survey.

The pay range for positions classified 21-28 is based on the median of the national public sector marketplace, and the primary source of data for these positions is peer counties:

Pay table changes are typically implemented effective the first day of the first pay period of each fiscal year.

Market pay rate increases due to pay table adjustments are not a substitute for merit pay rate increases. However, the amount of all pay rate increases (merit pay rate increases, market pay rate increases, etc.) may be capped annually at a rate designated by the County Manager. Annual caps will be announced by the County Manager each year, if applicable.

If a market adjustment is implemented the same day as a merit pay rate increase, then the market adjustment is applied first. Documentation of the pay rate increase will be filed in the employee’s personnel file.

If the pay range maximum is adjusted such that an employee’s current pay rate is at or above the maximum of the pay range, then the employee is not eligible for any base pay rate increases. Such employees will not receive a base pay reduction.

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This Procedure establishes the standards for setting pay rates for the purpose of posting and filling positions.

The County establishes market competitive pay rates based on candidate qualifications and consistent with the pay table.

The pay table is used to determine a market competitive pay range for a position based on the position classification level. Positions may be posted with a pay rate or pay range, and the amount posted may fall anywhere between the pay range minimum and the minimum of Tercile 3 without the approval of the Department of Human Resources. The posted pay rate or pay range may exceed the minimum of Tercile 3 with the prior approval of the Department of Human Resources. Approval will be based on department/agency needs and/or external market data.

Internal and external candidates may be offered an initial pay rate anywhere within the posted range. Decisions regarding initial pay rates should be based on internal equity and the candidate’s qualifications. Initial pay rates may be higher than the pay rates of current employees in the same or similar positions. Initial pay rates shall be established in a non-discriminatory manner and in compliance with all applicable laws.

Promotions
The employee’s pay rate must be increased to at least the pay range minimum of the new pay grade. The employee’s pay rate must be increased at the time of a promotion by at least 1% unless his/her salary is at or above the maximum of the new pay range.

Generally speaking, the employee’s pay rate may not exceed the top of the second tercile of their new pay range. An employee’s pay rate can be in the third tercile of their new pay range only if their base salary prior to the promotion falls within this range, due to market conditions, or to ensure that the employee receives at least a 1% pay increase. A promotional increase into the third tercile must be approved by the County Manager.

Any promotional pay rate increase which exceeds ten percent (10%) must be approved by the Department of Human Resources.

Promotions and associated pay rate increases are effective the first day of the pay period following approval. Promotions and associated pay rate increases may not be approved retroactively.

A demoted employee’s new pay rate must fall within the pay range of the new classification level. A pay rate decrease is not required unless the demoted employee’s pay rate is greater than the pay range maximum of the new pay grade. However, a pay rate decrease may be implemented such that the new pay rate falls anywhere with in the new pay range.

Departments/agencies will consider internal equity (i.e., the pay rates of current employees in the same type or similar positions) and employee qualifications (i.e., knowledge, skills, abilities, experience, and related qualifications) when making pay rate determinations.

Unclassified Positions
Pay rates for unclassified positions are based on external market data, statutory requirements, the civil service pay table, or other guidelines.

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PROCEDURE 301-3
TEMPORARY PAY RATE INCREASES

This Procedure defines the process for requesting and processing temporary pay rate increases.

The County establishes temporary pay rates based on the temporary duties performed and consistent with the pay table. A temporary pay rate increase may be authorized when a temporary addition of duties requires an employee to perform higher-level duties approximately 25% or more of the time for a minimum of 30 days. Departments/agencies should not assume that temporary duties are higher-level because they are typically performed by a higher-level position. The Department of Human Resources shall determine if the additional duties performed justify a temporary pay rate increase.

All employees are eligible for a temporary pay rate increase. The employee must be minimally qualified (i.e., have the necessary knowledge, skills, abilities, and/or experience) to perform the temporary duties. Department/Agency Leaders will work with the Department of Human Resources to ensure the employee is minimally qualified to perform the temporary duties. Minimum qualifications for temporary duties may be different than those required in the position description if not all duties are being performed at the level described in the position description.

Departments/agencies may assign lower-level duties to an employee for a temporary period of time; such assignments will not result in a temporary pay rate decrease.

Temporary pay rate increases are not provided due to an increased volume of the same or a lower level of work.

The County does not temporarily reclassify positions.

Temporary pay rate increases require the approval of the Department of Human Resources. The assignment of temporary duties may not exceed 90 days without the prior approval of the Director of Human Resources. Approval should be requested in advance of the performance of the temporary assignment, whenever possible.

Temporary pay rate increases are effective the first day of the pay period in which the temporary duties are performed until the last day of the pay period in which the temporary duties are performed. Documentation of the temporary pay rate increase will be filed in the employee’s personnel file.

The temporary pay rate must be at least the minimum of the pay grade of the classification level of the position that ordinarily performs those duties, the established hire-in pay rate for the position as approved by the Department of Human Resources, or 10% over the employee’s current rate of pay. The temporary pay rate will be determined based on the temporary duties performed, the classification level of the position which ordinarily performs those duties, and the established pay rate for the position(s).

Temporary pay rate increases may not cause the pay rate to exceed the pay range maximum of the classification of the temporary duties. When the employee is no longer performing the temporary duties, his/her pay rate will return to the base pay rate prior to the temporary increase.

Merit increases awarded to employees who are receiving a temporary pay rate increase are calculated based on the pre-temporary duties rate (i.e., base pay) and may not be calculated based on the temporary pay rate.

The temporary pay rate is used in the calculation of overtime pay for the duration of the temporary assignment.

Employees may be assigned an interim appointment into a higher level position due to the vacancy of or extended absence in a higher-level position.

An employee serving in an interim assignment generally assumes all of the duties and authority of the position being filled unless directed otherwise.

The employee’s pay rate must be increased to at least the pay range minimum of the pay grade of the interim position or 1%, whichever is greater unless his/her salary is at or above the maximum of the new pay range. The pay rate may be increased up to the minimum of Tercile 3 or 10%, whichever is greater.

In operations where a supervisor must be present on a shift, non-supervisory employees may be assigned by the department/agency as the acting supervisor in the absence of the supervisor for the duration of a shift. The 30-day minimum limit on the assignment of temporary duties is waived, and such employees are eligible for a temporary pay rate increase for the duration of a shift.

For the purposes of acting pay, an employee “acting” as the supervisor has regular supervisory authority and assumes all of the duties of the regular supervisor.

For the purposes of acting pay, the term “supervisor” may include “team leader” or any related positions of authority.

Department/agency acting pay rules should be documented by the department/agency and on file in the Department of Human Resources. Acting pay plans are used for temporary or interim appointments based on the business needs of the department/agency and require the prior approval of the Department of Human Resources. Approved plans may be administered by the department/agency.

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This Procedure describes the standards for establishing and administering pay differentials.

The County uses a variety of pay differentials to provide additional compensation for positions that require an employee to work nonstandard shifts or that may cause a hardship or inconvenience to the employee.

Only positions that are nonexempt under the Fair Labor Standards Act are eligible for pay differentials. One form of pay differentials is a shift differential

A pay differential is a fixed amount of money expressed on a cents per hour basis. Pay differentials are provided for each hour actually worked to supplement base pay. Pay differentials only apply to hours actually worked and are included in the calculation of overtime. Pay rate increases or amounts are not applied to pay differentials.

Departments/agencies may establish specific department/agency pay differential rules based on business needs. Department/agency-specific pay differential rules require the prior approval of the Department of Human Resources, and rules will be filed with the Department of Human Resources.

PROCEDURE CALL-BACK PAY

A. Department Heads shall document the need for call-back pay by describing circumstances whereby the services to be provided are emergency related, the need is for an extensive period of time and can best be met through Call-Back as opposed to other alternatives.

B. The Director of Human Resources shall inform the Department Head of the determination made.

C. If Call-Back Pay is authorized, designated employees are eligible for a minimum of three hours paid at their regular hourly rate provided the employees called back have left work for the day after completing a regularly scheduled work shift; and the call back to work occurs more than two (2) hours immediately before the beginning of the employee’s next regularly-scheduled work shift.

D. Only hours actually worked will be counted for determining eligibility for overtime compensation.

E. Call-Back Premium Pay Provision. During work weeks which contain a fixed holiday, prescheduled floating holiday or vacation, hours paid for the holiday(s) and vacation, but not worked, may be added to actual hours worked. When the sum of actual hours worked and fixed holiday hours paid but not worked equal 40, eligible employees may receive premium pay at the rate of time and one-half for additional hours worked in the work week until overtime pay, required for hours worked beyond 40, is effective.

PROCEDURE STAND-BY PAY

A. The Department head shall document the need for Stand-By Pay by describing circumstances whereby life and/or property are threatened.

B. The Director of Human Resources shall utilize the following criteria to determine whether or not Stand-By-Pay is appropriate:

1. An anticipated emergency situation exists, and there is a high likelihood that the emergency will occur.

2. The situation is expected to exist for an extensive period of time.

3. The situation is outside normal working hours.

4. Overtime, compensatory time and call back will not adequately address stand-by pay periods.

C. The Director of Human Resources shall inform the Department Director of the determination and will designate positions eligible for standby pay.

If Stand-By Pay is authorized, the Director of Human Resources will develop a Stand-By Pay provision to meet the department’s needs.

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This Procedure sets forth the standards for determining whether a market premium may be applied to a position.

The County may utilize market premiums to ensure a market competitive pay rate for positions that are properly classified but external market data indicates that competitive pay exceeds the designated pay range.

A market premium allows a position to be compensated at a pay rate higher than the pay range maximum associated with the position classification. For example, a position may be classified a 15 in the classification system and be compensated based on the grade 16 pay range due to a market premium.

Market premiums are considered base pay. If a market premium is no longer necessary, the pay grade shall be reduced to the classification level; however, the incumbent's pay rate will not be reduced. If an incumbent is earning more than the pay range maximum of the position’s ordinary classification when the market premium is removed, then the incumbent is not eligible for a base pay rate increase.

The Department of Human Resources approves market premiums and will advise departments/agencies with the same or similar positions when a market premium is approved to determine if it should be applied to other positions across the County. If the Department of Human Resources finds that a market premium is appropriate for the additional positions, it will forward the recommendation to the County Manager for approval. Current incumbents may be eligible to receive a pay rate increase based on the approved formula or methodology.

Eligibility for market premiums will be reviewed annually or as needed to determine if the need for the premium continues to exist.

A market premium may be authorized when external market data reveals that the market median of a position falls within or above Tercile 3 of the pay range.

External market data must be from a reputable, valid, and verifiable source. Analysis of the market data will be conducted by the Department of Human Resources with input from the department/agency. The Department of Human Resources will recommend approval of the market data and the market premium to the County Manager.

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PROCEDURE 301-7
MARKET ADJUSTMENTS

This Procedure establishes the standards for determining a market adjustment.

A market adjustment is a base pay rate adjustment that increases an employee’s pay rate within the current pay range. The County may utilize market adjustments to ensure internally equitable and externally competitive pay rates for employees. All employees, except seasonal employees, are eligible for a market adjustment. Market adjustments must be applied fairly and equitably to employees in the same or similar positions.

Market adjustments are not a substitute for merit pay rate increases and will not be implemented retroactively. A performance appraisal is not required at the time of a market adjustment. Absent extraordinary circumstances, an employee may not receive more than one market adjustment in a twelve-month period.

Departments/agencies may request a market adjustment within the pay range based on external market data or incumbent qualifications. Departments/agencies will consider the following when making a market adjustment recommendation:

Analysis of the market data will be conducted by the Department of Human Resources with input from the department/agency. Departments/agencies are encouraged to use the description of the terciles when recommending a market adjustment amount.

Market adjustments require the recommendation of the Department of Human Resources and the approval of the County Manager.

Market adjustments may not increase employees’ base pay above the pay range maximum. Market-related pay rate increases generally will not exceed 10%; however, they may exceed this amount if it is determined that a larger increase is necessary to ensure that County pay rates are within a market competitive pay range.

Market adjustments are effective the first day of the pay period following approval. The pay rate increase must be documented as a market adjustment in the employee’s personnel file.

Market adjustments may not be provided to employees who are on a Performance Improvement Plan. If an employee is on a Performance Improvement Plan at the time a market adjustment is implemented, then the market adjustment will be implemented the first day of the pay period following successful completion of the Performance Improvement Plan.

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This Procedure establishes the provision of additional compensation in the form of bonuses and incentives.

All employees are eligible for bonuses and incentives regardless of their pay rate or employment status. Bonuses and incentives may be awarded in the form of cash, paid time off, gift certificates, gifts, or other items of monetary value.

Bonus and incentive plan achievement may not be attributed to results credited under a previous bonus or incentive plan. In addition, bonus and incentive plan achievement may not be attributed period that occurred prior to the start of the bonus plan measurement period.

Bonuses

A “bonus” is a cash payment that is designed to recognize an employee for his or her performance. A bonus is designed to recognize and reward behavior that has occurred in the recent past.

Bonuses can be discretionary or non-discretionary. A discretionary bonus in one the employee is not advised that a bonus will be paid prior to its payment. A non-discretionary bonus is one where the employee is advised of what needs to be completed in order to receive a bonus.

Bonuses may be placed in the following categories:

“Spot” bonuses are monetary awards or awards of paid time off that are given to reward exceptional performance of regular duties and/or employee contributions that far exceed standard expectations. Spot bonuses should ordinarily be tied to and awarded for a specific isolated action and should not be used to recognize and reward longer term, consistent performance. For that reason, to the extent possible, the award and recognition should be provided “on the spot.”

Project bonuses are paid to a group of employees assigned to work on a full time project who exceed project goals or timelines.

Bonuses for exceptional performance are designed to recognize and reward a specific or special accomplishment, generally where the employee consistently ‘went above and beyond’ in the accomplishment of departmental or agency goals over an extended period.

Funding of bonus or incentive payments or paid time off comes from the overall department/agency budget, or from other funding resources approved for that purpose by the County Manager. Payments may be made out of general expenditures budget for the department/agency. It is not required that payments for bonuses or incentives be paid from the compensation pool for merit and promotional increases for the department/agency.

‘Unused’ merit monies due to involuntary or voluntary employee terminations may be used for bonus/incentive payments only with the express permission of the County Manager’s office.

The limits on project bonuses or bonuses for exceptional performance are 5 days of paid time off or $1000.00. Payments over $100 and over 1 day (8 hours) of paid time off require the approval of the Department/Agency head and the office of the County Manager. The limit on “spot” bonuses is 8 hours of paid time off for nonexempt or exempt employees or a cash payment of $100.00.

An “incentive” is a cash payment that is designed to stimulate employee performance and lead to the accomplishment of specific goals, where such goals are:

Incentives are designed to motivate behavior to occur in the future. Incentives are nondiscretionary, i.e., the employee is advised in advance that accomplishment of the objective(s) outlined in the incentive plan will result in payment of a specified incentive.

Achievement of incentive results will result in cash payment(s) to employees.

Cash bonuses and incentives are considered taxable income. Gift certificates, gifts and other items of monetary value are also considered taxable income.

Cash bonuses and incentives are not additions to base pay.

Cash bonuses and incentives for non-exempt employees are counted toward the computation of the overtime rate.

Paid time off is recorded as additional hours of paid time off.

Paid time off is awarded to nonexempt employees in 1-hour increments. Paid time off should be awarded to exempt employees in whole (8-hour) or half-day (4-hour) increments. Paid time off is not an indication of hourly employment for exempt employees.

Paid time off does not count as time worked for the purposes of calculating overtime for nonexempt employees.

Employees on a Performance Improvement Plan (PIP) may receive a “spot bonus” for exceptional effort.

However, employees who are assigned to a project will have their project bonus pro-rated for the number of months that they were on a PIP during the completion of the project.(s).

Employees who are on a Performance Improvement Plan (PIP) may not receive a bonus for exceptional performance over an extended period.

Department/Agency Leaders who seek to develop a bonus or incentive plan for all or part of the positions are encouraged to consult with the Department of Human Resources in developing a proposed plan. The proposed plan must be submitted to the Department of Human Resources prior of the start of the bonus or incentive plan measurement period. The plan document shall include:

The Department of Human Resources shall review the proposed plan, confer with the Department/Agency regarding any clarifications or modifications, and forward a recommendation to the County Manager, including:

The County Manager must approve the plan in advance of the start of the incentive plan period over which achievement of goal(s) is to be measured.

Employees who are on a Performance Improvement Plan (PIP) during a period when incentive plan results are being measured will have their incentive pro-rated for the number of months that they were on a PIP.

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PROCEDURE 301-9
CAR ALLOWANCES

OVERVIEW
This Procedure establishes the guidelines for providing, reviewing and modifying car allowances paid by the County.

STANDARDS
Car allowances must be approved or authorized by statute, by action of the Board of County Commissioners, or, when appropriate, by the County Manager. Car allowances established by statute or by action of the Board will continue to be paid unless or until repealed, revoked or otherwise withdrawn by action of the Board, but the amount of such car allowances may be modified consistent with these procedures.

Car allowances may be hereafter provided to other County officials or employees based upon a demonstrated business need or other business purpose. The County Manager shall determine whether a sufficient business need or other business purpose has been demonstrated that warrants the payment of a car allowance, and any car allowance must be expressly approved in advance. When a car allowance is approved, the County official or employee shall then not be eligible for the payment of normal, in-county or in-area reimbursement of mileage and other automobile expenses under the financial policies of the County. Employees who do not receive a car allowance may be eligible for reimbursement of mileage or other automobile expenses under the financial policies when they use their automobile for County business purposes.

The amount of the car allowance will be based on business need and/or purpose. Criteria to be considered in evaluating business need and/or purpose would include:

In addition, for County officials, the following criteria should also be considered:

Car allowances may be provided to employees based on a demonstrated business need. The County Manager shall determine whether a demonstrated business need has been established. The County Manager must approve car allowances in advance.

The amount of the car allowance will be based on business need, with an annual review of the continuing business need for such an allowance to continue to be provided.

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PROCEDURE 301-10
MERIT PAY RATE INCREASES

This Procedure establishes the process for awarding merit pay rate increases.

Merit pay rate increases are awarded in a fair and equitable manner based on individual employee performance that is evaluated and measured based on the performance expectations and standards established for the position and the incumbent, in compliance with the County’s pay for performance philosophy.

A merit pay rate increase may not cause the employee’s pay rate to exceed the pay range maximum.

All employees other than seasonal are eligible for merit pay rate increases. Employees on a Performance Improvement Plan (PIP) may not receive an overall performance appraisal rating higher than “Fully Meets Expectations,” and they are not eligible for a merit pay rate increase until the first day of the pay period following successful completion of the PIP; the increase may not be implemented retroactively to the annual review date. The delayed increase does not change the review date.

Employees earning at or above the pay range maximum are not eligible for a base pay merit pay rate increase during the fiscal year.

The Department of Human Resources, subject to the approval of the County Manager, will develop guidelines for administering merit pay rate increases annually following the Board of County Commissioners’ determination of the annual compensation pool.

Departments/agencies are responsible for submitting merit pay rate increases to the Department of Human Resources no later than the last day of the pay period prior to the employee’s performance review date. Merit pay rate increases should not be submitted retroactively. Supervisors will be held accountable in their performance appraisals for conducting and processing late merit pay rate increases.

The Department of Human Resources will review merit pay rate increase amounts submitted by departments/agencies to ensure they are consistent with the guidelines.

Merit pay rate increases are effective the first day of the pay period in which the employee’s performance review date occurs. The performance review date is the employee’s anniversary date or current position date.

Merit pay rate increases for executives and elected officials are effective the first day of the first full pay period in March of each year.

Lump Sum Merit Payments for Employees Earning Over the Pay Range Maximum
A lump sum merit payment is a one time payment made to recognize an employee’s performance as documented in the annual performance appraisal. The amount of the payment is based on the annual merit pay rate increase guidelines, but it is paid in a lump sum.

Employees who earn at or above the pay range maximum and who receive a performance appraisal rating of exceeds or significantly exceeds expectations on their annual performance appraisal are eligible to receive a lump sum merit payment. Employees with a rating of fully meets expectations, meets most expectations, or does not meet expectations are not eligible for a lump sum merit payment.

Lump sum merit payments may not be paid to employees who earn less than the pay range maximum. However, departments/agencies may approve a combination of merit pay rate increase and lump sum payment to ensure eligible employees receive the full percentage amount allowed based on the merit pay rate increase guidelines. For example, if an employee would be eligible for a 3% merit pay rate increase and earns 2% less than the pay range maximum, the employee may receive a 2% merit pay rate increase, plus a 1% lump sum payment.

Lump sum merit payments are paid the pay period in which the employee’s performance review date occurs. Paid time off may not be substituted for a lump sum merit payment.

Department/Agency Leaders may conduct and document a special performance appraisal in addition to an annual performance appraisal to recognize exceptional contributions. A merit pay rate increase may be given but is not required in conjunction with a special performance appraisal. Such an increase would be effective the first day of the pay period in which the special performance appraisal occurs. Special performance appraisals do not change the annual performance review date.

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PROCEDURE 301-11
EMPLOYEES SERVING AS ELECTION POLL WORKERS

OVERVIEW
This procedure establishes the process for County employees to work as Election Poll Workers.

Employees may also provide assistance either prior to or after their regularly scheduled duties on Election Day. Nonexempt employees would be compensated their regular rate of pay for all hours worked. Exempt employees would be eligible to receive a stipend for serving as a poll worker.

County employees serving the Johnson County Election Office are acting as representatives of the County while performing assigned duties. Therefore, County election workers are expected to abide by the County’s policies and Code of Ethics while serving the Johnson County Election Office. They are also covered under the County's workers' compensation plan.

County employees who do not reside in Johnson County, Kansas, are not eligible to work as election workers in Johnson County. To receive time off to work as an election worker outside of Johnson County, employees need to use vacation or personal leave. The request needs to be made in accordance with regular departmental procedures. County employees volunteering for election coverage outside of Johnson County would not be acting as an official County employee and would not be covered under the County’s workers’ compensation plan.

Department heads, agency directors, and elected officials are encouraged to communicate information to all staff about serving as an election worker. If employees express an interest in serving in this capacity, the department head may reassign them to that duty. For employees selecting Option #1 above, time off for this purpose should only be denied to maintain appropriate staffing levels.

To ensure that employees understand their options and their time is reported correctly, department heads should provide a list of their employees who are serving as elections workers to the Department of Human Resources who will confirm the assignments with the Election Office.

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PROCEDURE 301-12
ESTABLISHING PAYMENTS UPON TERMINATION OF EMPLOYMENT

The purpose of this Policy is to establish and authorize an equitable classification system.

It is the policy of the Johnson County Government to use a comprehensive classification and compensation system that establishes internally equitable and externally competitive compensation, supports the County’s compensation philosophy, and complies with applicable laws.

The County uses a classification system to determine the relative internal ranking of positions within the organization for purposes of administering pay for classified positions. The County has chosen to use a point-factor classification method. The County assigns points to evaluation criteria based on an analysis of the position description. There are three primary evaluation criteria:

The County Manager may select a specific point-factor classification methodology consistent with this Policy. Each classification corresponds with a pay range on the County’s pay table.

All positions will be classified and administered in compliance with this Policy regardless of funding source, other than elected, appointed, and civil service positions; however, the County Manager may designate other positions as unclassified based on a business need to exclude them from the provisions of the classification system.

The County will administer the classification system consistent with the County’s compensation policy and procedures and in compliance with applicable laws. The County Manager is delegated the authority to develop the Human Resource Procedures for the classification system.

The County shall document position descriptions and classify positions in a consistent manner. Position descriptions will be maintained for all classified County positions.

Classification determinations may be appealed by a Department/Agency Director only; employees may not appeal classification determinations.

This Procedure delegates authority to the Department of Human Resources to administer the County’s classification system.

The Department of Human Resources will administer the classification system consistent with the County’s compensation policy and procedures and in compliance with applicable laws. The system provides a mechanism to document position descriptions and classify positions.

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PROCEDURE 302-2
POSITION DESCRIPTIONS

This Procedure addresses the manner in which position descriptions shall be documented and maintained.

The Department of Human Resources will maintain position descriptions for all classified County positions.

The County uses one method of documenting position descriptions, the Position Description Form. Previous versions of the form remain in effect until the duties in the position description need to be updated, or as requested by the Department of Human Resources. New and updated position descriptions must be documented using the current version of the Position Description Form.

Departments/agencies will provide the Department of Human Resources with a current electronic version of the position description anytime a position is created or updated. New and updated position descriptions must be evaluated by the Department of Human Resources to determine if a classification change or an exempt status change is necessary. The Department of Human Resources will maintain a current electronic version of all position descriptions.

A position review is a field audit of a position’s duties by the Department of Human Resources to ensure the accuracy of the information reported in the Position Description Form. The Department of Human Resources may conduct a position review to assist a department/agency in the documentation of position duties. Position reviews may be conducted when positions are updated or created; they may also be conducted randomly by the Department of Human Resources.

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PROCEDURE 302-3
POSITION CLASSIFICATION

This Procedure addresses the details of the County’s method of classifying positions.

The classification system is used to determine and promote internal equity and enables the County to determine an externally competitive pay range for a position consistent with the Compensation Policy adopted by the Board of County Commissioners.

The Department of Human Resources will evaluate and classify positions. The County uses the Hay Guide Chart-Profile Method of Position Evaluation™ to classify positions.

Using the Hay methodology, the Department of Human Resources assigns points to evaluation criteria based on an analysis of the position description. Points are totaled, and the point total is converted to a classification using the job grid, shown below. The evaluation criteria include:

The Department of Human Resources will release classification determinations to departments/agencies, and departments/agencies will notify employees of classification determinations. The Department of Human Resources will not release point totals to departments/agencies or employees.

Classification determinations must be made prior to sending a position to the Personnel Review Committee for an Immediate Action Request (IAR), a Request for Additional Resources (RAR), or a Capital Improvement Project (CIP) Request.

The Department of Human Resources may perform a position review prior to classifying a position. The Department of Human Resources must classify all positions prior to commencing recruitment or placing an employee in the position. Departments/agencies must notify the Department of Human Resources of the need to classify a position before it may be posted.

If employees believe their supervisor has reported duties inaccurately in the position description, then they should address their issues within the department/agency; if the issues are not resolved by the department/agency, then employees are encouraged to contact the Department of Human Resources.

Classification determinations are documented on the Position Description Form.

This Procedure addresses the manner in which positions may be reclassified and the extent to which rates of pay may be modified at the time of a reclassification.

Reclassifications (moving a position from one classification level to another) shall be made in the same manner as classifications.

Anytime a position description is updated, the department/agency should submit it to the Department of Human Resources for an evaluation to determine if a reclassification is warranted. After evaluating the revised position description, the Department of Human Resources will reclassify a position if changes to its duties are sufficient to alter the classification level as established by the job grid. A position whose duties have changed sufficient to warrant a reclassification will be reclassified.

The Department of Human Resources must perform all reclassifications. The incumbent must meet the minimum qualifications of the revised position. If the incumbent would not meet the proposed minimum qualifications of the revised position, the department/agency must demonstrate a significant business need to the Director of Human Resources to request an exception. If the changes create a substantially different position, placement of the employee in the position outside of the regular recruitment process must be justified in writing and approved by the Director of Human Resources.

Frequently, reclassifications impact two (2) positions simultaneously (e.g., one (1) position gains duties previously performed by another position). If a position change impacts another position(s), then the position description(s) for the impacted position(s) must also be updated and submitted to the Department of Human Resources.

Reclassifications are effective the first day of the pay period following approval of the request. Reclassifications may not be approved retroactively. An employee’s performance review date does not change at the time of a reclassification.

New positions created as the result of an Immediate Action Request (IAR), a Request for Additional Resources (RAR), or a Capital Improvement Project (CIP) Request may not be reclassified within one year of approval without review and approval by the County Manager.

Higher Level Reclassifications (Upgrades) and Pay Rate Changes

If a position is filled at the time it is reclassified to a higher level, then the employee’s pay rate must be increased to at least the minimum of the new pay range of the new pay grade. The pay rate may be increased up to the minimum of Tercile 3. If an employee earns more than the pay range minimum of the new pay grade, then a pay rate increase is permitted. Departments/agencies must request approval from the Department of Human Resources to establish a rate above the minimum of Tercile 3.

Departments/agencies will consider internal equity (i.e., the pay rates of current employees in the same type or similar positions) and employee qualifications (i.e., knowledge, skills, abilities, experience, and related qualifications) when making pay rate determinations. Pay rate changes associated with a reclassification are effective the first day of the pay period following approval of the request. Pay rate changes associated with reclassifications will not take effect retroactively.

Lower Level Reclassifications (Downgrades) and Pay Rate Changes

If a position is filled at the time it is reclassified to a lower level, then the employee’s pay rate may be decreased such that it falls anywhere within the pay range associated with the new pay grade. The employee’s pay rate must be reduced if it exceeds the pay range maximum of the new pay grade.

Departments/agencies will consider internal equity (i.e., the pay rates of current employees in the same type or similar positions) and employee qualifications (i.e., knowledge, skills, abilities, experience, and related qualifications) when making pay rate determinations. Departments/agencies may not provide a pay rate increase when an employee receives a reclassification downgrade.

Employees may access the Dispute Resolution Process if their positions are reclassified resulting in a loss of pay or placing their pay rate at the maximum of Tercile 3 of the new pay grade of the reclassified position.

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This Procedure establishes the details of the formal classification appeal process.

The classification system determines and promotes internal equity and enables departments/agencies to determine an externally competitive pay range for a position, consistent with the Compensation Philosophy adopted by the Board of County Commissioners.

Classification determinations made through the formal appeals process are final. Employees whose pay is decreased or capped due to a reclassification may access the Dispute Resolution Process.

Only Department/Agency Leaders may appeal classification determinations. Employees should refer concerns regarding classification determinations to their immediate supervisor, appropriate individuals within the department/agency, or their Department/Agency Leader.

Departments/agencies are encouraged to address concerns informally regarding classification determinations with the Department of Human Resources. A formal classification appeal should be submitted to the Department of Human Resources if a classification determination is made and the Department/Agency Leader believes that the determination:

Classification Appeals

The Classification Appeals Committee, appointed by the County Manager, will receive and respond to classification appeals made by Department/Agency Leaders. The Committee will meet with the Department/Agency Leader and the Department of Human Resources to determine a final classification determination.

The Committee is not responsible for addressing compensation-related issues. Compensation-related issues are resolved by the Department of Human Resources in collaboration with County Leadership.

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This Procedure addresses the County’s method of determining the exempt status of positions.

Exempt status is determined based on the provisions of the Fair Labor Standards Act (FLSA).

The Department of Human Resources evaluates position descriptions to determine whether positions meet qualifications for exempt status pursuant to Fair Labor Standards Act (FLSA). All positions are evaluated, including unclassified and civil service positions. Positions may be evaluated or reevaluated anytime at the request of the employee, the department/agency, or the Department of Human Resources.

The Department of Human Resources must designate all positions as exempt or nonexempt prior to posting the position or placing an employee in the position. Exempt or nonexempt status determinations are documented on the Position Description Form, in the employee’s personnel file. Employees may not access the Dispute Resolution Process to appeal exempt status determinations.

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The purpose of this Policy is to define the County’s workweek/workdays.

It is the policy of the County to establish the time and duration of the workday as required by workload and production flow, public service needs, the efficient management of human resources, and any applicable laws.

The County’s standard workweek begins at 12:00:00 a.m. on Sunday and ends at 11:59:59 p.m. the following Saturday. The County has elected to use a 28-day work period for emergency medical personnel serving with Med-Act. Nonexempt employees in those positions who work in excess of 212 hours in the work period shall receive overtime compensation.

Nonexempt employees, employees who are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act, will be compensated at one and one half times the regular rate of pay or with compensatory time off at a rate of one and one half hours off for each hour actually worked in excess of 40 during the workweek. Hours paid but not actually worked are not included in the computation of overtime. Employees may accrue a maximum of 240 hours of compensatory time. Employees in public safety positions may accrue a maximum of 480 hours of compensatory time.

Employees are not permitted to work overtime without the prior approval of the department/agency and may be subjected to disciplinary action for working unauthorized overtime. Nonetheless, employees who work overtime, whether authorized or unauthorized, will be compensated at the overtime rate or with compensatory time off.

Exempt employees shall not receive overtime pay or compensatory time off. Departments/agencies are not authorized to grant overtime pay or compensatory time off to exempt employees.

Departments/agencies will establish work schedules for their employees. Supervisors may schedule overtime or extra shifts consistent with Human Resources Policies and Procedures and department/agency rules.

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This Procedure establishes the manner in which work shall be scheduled.

Departments/agencies establish work schedules that accommodate their business needs.

Supervisors will inform employees of their work schedules, including days, hours of work, and designated rest and meal periods at the time of hire or transfer. Employees are not authorized to change work schedules without the prior approval of their supervisors.

Departments/Agencies may establish and document a compressed work schedule that allows a nonexempt employee to work more than 8-hours per day over the course of less than 5 days per workweek on an ongoing basis.

Full-time work schedules for nonexempt full-time employees will typically include 40 hours per workweek. Part-time work schedules include less than 40 hours per workweek. The County may require employees to work overtime.

Exempt employees are not required to have a specific work schedule, but a supervisor may establish a work schedule for an exempt employee, particularly if the position requires the employee to be on-site during normal business hours. For example, an exempt employee with supervisory responsibilities may be scheduled to work 8 a.m. to 5 p.m. to ensure that he/she is at work during the same hours as the subordinate employees.

Exempt employees are expected to “get the job done,” regardless of how many hours it takes to perform the work. For example, in some weeks, an exempt employee may work 45 hours, in others 50, and in others 38. In each of these examples, the employee receives the same amount of pay, regardless of having worked more or less than 40 hours during each workweek.

While exempt employees’ schedules are designed to be flexible due to the nature of the work performed, exempt employees are generally expected to be available to meet department/agency needs during normal hours of operation. Exempt employees may routinely work more than 40 hours per week. Supervisors have the authority to notify exempt employees that they may need to do more work to meet the expectations of the job.

Flextime is a schedule that commits an employee to working a specified number of hours per workweek but offers flexibility in regard to the starting and ending times for each day. Departments/agencies may elect to use flextime to allow nonexempt employees more input in establishing their days and hours of work.

Departments/agencies may dictate the conditions and circumstances in which flextime may be used. Flextime may be offered to employees on a limited basis or seasonally at the discretion of departments/agencies. The use of flextime scheduling does not eliminate the obligation to provide nonexempt employees with overtime compensation for hours worked in excess of forty (40) during a workweek.

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This Procedure establishes standards regarding nonexempt employees’ rest and meal periods.

Departments/agencies authorize rest and meal periods that accommodate their business needs.

Departments/agencies are responsible for scheduling rest and meal periods for nonexempt employees, considering the workload and the nature of the job performed. Rest and meal periods may not be taken at the beginning or the end of the workday to change the reporting and/or quitting time. Departments/agencies will establish rules regarding rest and meal periods and will communicate the rules to their employees.

Rest periods are paid breaks of 20 minutes or less. Rest periods constitute hours worked.

Employees ordinarily shall be allowed one 15-minute rest period near the middle of each four-hour work period. The length of the rest period is determined at the discretion of the department/agency.

Rest periods may be eliminated to accommodate the workload, as determined necessary by the supervisor. Additional compensation is not provided to an employee whose rest period is eliminated.

Rest periods may be recorded at the direction of the department/agency if required to meet business needs. However, the time remains compensable and constitutes hours worked.

Meal periods are unpaid breaks of more than 20 minutes. Meal periods do not constitute hours worked.

Full-time employees shall ordinarily be allowed one 30- to 60-minute meal period near the middle of the workday. Part-time employees scheduled to work more than five consecutive hours during any workday will ordinarily receive a meal period of the same duration as full-time employees in their department/agency. The length of the meal period is determined at the discretion of the department/agency.

The employee must be completely relieved of duties during meal periods; however, the employee may be required to remain on the premises. Nonexempt employees generally should not be permitted to take meal periods at their work stations, as employees should be free to relax during non-compensable periods. Employees who perform work during their meal period must report the time as hours worked.

On occasion, the meal period may be eliminated and the employee asked to work to accommodate unusual circumstances as determined necessary by the supervisor. Such time shall be considered hours worked.

Nonexempt employees shall record the beginning and ending time of their meal periods.

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This Procedure establishes the County’s requirements regarding time records and the recording of time worked by employees.

Nonexempt employees are required to document actual time worked and any scheduled time not worked (i.e., paid or unpaid time off during normally scheduled work hours). Exempt employees are required to document any scheduled time not worked.

Departments/agencies will report all employee payroll information to the Office of Financial Management-Payroll Division, in accordance with guidelines established by the County. The department/agency time record is the County’s official time recording document for the purposes of the Fair Labor Standards Act (FLSA), and these records must be maintained by the department/agency for three years for audit purposes. Each department/agency shall designate an employee who shall be responsible for maintaining the official time records and to ensure that the records are kept in a manner that meets all legal requirements and the requirements of these policies and procedures. The County may periodically conduct audits of time records to ensure compliance.

Employees are required to submit time records on a timely basis to the department/agency, consistent with department/agency rules. Forms used for time records are provided by the department/agency. Employees may not use their own forms or records for payroll purposes.

Time records must be reviewed for accuracy and signed by the supervisor. A supervisor’s failure to ensure the accuracy of time reporting documentation will result in disciplinary action, up to and including termination of employment. If corrections or modifications are made to a time record, then the employee and the supervisor must verify the accuracy of the changes by initialing the changes or approving the changes, if a computerized record is kept.

Falsification of time records and/or filling out another employee’s time record without authority is prohibited and may be grounds for disciplinary action, up to and including termination of employment.

Nonexempt employees are required to complete their individual time records each day. Employees must report hours actually worked and hours scheduled but not worked. To report hours actually worked, nonexempt employees are required to record their reporting time, time out/in for meal periods, quitting time, and total hours worked each workday. Employees are not permitted to sign in or begin work before the scheduled reporting time or to sign out or stop work after their scheduled quitting time without the prior approval of the supervisor.

Exempt employees are not required to complete timesheets to report actual hours worked on a daily basis for pay purposes. Departments/agencies may require exempt employees to record time worked on an exception basis for the purposes of tracking leave time. Hourly time reporting by exempt employees may not be used for the purposes of counting the hours worked by an exempt employee for pay purposes. However, departments/agencies may require exempt employees to complete weekly/hourly time records to track hours worked to meet project or grant-related reporting requirements.

Notwithstanding the foregoing, exempt employees hours worked may be recorded and deductions from their pay may be made:

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PROCEDURE 303-4
OVERTIME AND COMPENSATORY TIME OFF

This Procedure establishes the County’s guidelines regarding authorization and payment of overtime and compensatory time off for nonexempt employees.

Overtime will be administered in compliance with the Fair Labor Standards Act (FLSA). The County compensates nonexempt employees for all hours worked over 40 in a workweek with overtime pay or with compensatory time off, except for employees covered by the FLSA 7(k) exemption. Employees and supervisors will discuss whether they will receive overtime or compensatory time off for hours actually worked over 40 in the workweek prior to the employee working the overtime hours.

Overtime includes hours actually worked in excess of 40 hours in a workweek by a nonexempt employee, as defined by the Fair Labor Standards Act (FLSA). “Hours actually worked” include all hours the employee performs work for Johnson County Government, regardless of whether prior approval was given to perform the work. Hours paid but not worked (e.g., on-call, vacation, or sick) are not included in the calculation of overtime.

Overtime is paid at one and one-half times the regular rate of pay for each hour actually worked in excess of 40 hours per workweek. For example, if an employee worked 45 hours in a workweek, then the employee would be paid at one and one-half times his/her regular rate of pay for five (5) of the hours worked.

Workweeks cannot be combined or averaged to determine if the employee is eligible for overtime. Although employees are paid on a biweekly basis, overtime eligibility is assessed at the end of each workweek.

Employees and supervisors may not make any agreement to work over 40 hours in the workweek without recording them on time records (i.e., “working off the clock”). Such an agreement is considered falsification of a time record and may be grounds for disciplinary action, up to and including termination of employment.

Compensatory time off is calculated at one and one-half hours of paid time-off for each hour actually worked in excess of 40 hours per workweek. For example, if an employee worked 45 hours in a workweek, then the employee would receive one and one-half hours of paid time off for five (5) of the hours worked, i.e., 7.5 hours of compensatory time off.

Departments/agencies will limit overtime work whenever feasible, and departments/agencies are responsible for managing their employees’ time and workflow to ensure completion of required tasks within normal work periods.

Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. As such, nonexempt employees will initially be given the opportunity to request overtime work assignments. If an insufficient number of qualified employees request to be assigned overtime work, then supervisors may schedule and assign overtime or extra shifts to nonexempt employees on an as-needed basis.

Nonexempt employees who are eligible for the partial exemption granted for police, fire, and emergency workers are subject to the partial exemption provisions of the Fair Labor Standards Act. The options selected for these employee groups must be on file in the Department of Human Resources.

Employees are not permitted to work overtime without the prior approval of their department/agency. Failure to obtain prior authorization may result in disciplinary action. However, employees must report all time actually worked on their time record, and they will be compensated with overtime or compensatory time off whether the hours actually worked over 40 are approved or not.

Compensatory time-off may be granted in lieu of overtime payments at the discretion of the Department/Agency Leader. The supervisor will notify the employee in advance of working the overtime hours if he/she will receive compensatory time off in lieu of overtime.

When used, compensatory time-off must be recorded on time records; it is considered paid time off and not hours actually worked.

Prior to a transfer from one department/agency to another, a promotion or reclassification to an exempt position, or a termination of employment, employees are paid for accrued but unused compensatory time.

Employees may accrue a maximum of 240 hours of compensatory time. Employees in public safety positions may accrue a maximum of 480 hours of compensatory time.

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The purpose of this Policy is to notify employees of the County’s policy for compensating employees at regular intervals.

It is the policy of the County to pay employees on a regular basis by check or direct deposit and in a manner so that the amount, method, and timing of wage payments comply with applicable laws or regulations. Wages are paid on a bi-weekly basis and cover a pay period of two full workweeks. Wages will not be advanced.

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PROCEDURE 304-1
PAYDAYS AND PAYCHECK DISTRIBUTION

This Procedure establishes the designated payday for County employees and the County’s methods of distributing pay to its employees.

The regular payday is the Friday following completion of each bi-weekly pay period. If the designated payday falls on a County-designated holiday, then paychecks are distributed on the last business day before the holiday, unless business necessity requires a later distribution date.

Each payday, employees will receive a deposit advice statement or paycheck and statement showing gross pay, deductions, and net pay. All statutory deductions will be taken automatically. No other deductions will be made unless required or allowed by law, contract, or employee obligation. Employees may elect to have additional voluntary deductions withheld from their pay only if they authorize the deductions in writing.

In the case of loss, theft, or error, employees should contact the appropriate department/agency representative or the Office of Financial Management immediately. The County is not responsible for the loss or theft of a paycheck if it cannot stop payment on the check. In the case of a mistake, the error will be remedied promptly.

Paychecks and pay statements are distributed only to authorized department/agency representatives or the employee. Employees must provide written authorization to have another individual pick up his/her paycheck. Proof of identification is required to pick-up the pay statement/paycheck.

Upon separation of employment, the final paycheck is mailed on the next scheduled payday to the employee’s last address on record with the Department of Human Resources. Employees may make alternative arrangements for distribution of their final paycheck with the Office of Financial Management – Payroll Division.

In the event of an employee’s death, the final paycheck is held in the Office of Financial Management until an authorized individual is legally permitted to receive the check.

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