Scope

This policy applies to all City of South Padre Island employees.

Policy

The City of South Padre Island recognizes that  the Patient Protection and Affordable Care Act (PPACA) was approved and requires employers with fifty (50) or more full-time employees (or the combined part-time equivalent) to offer group health insurance coverage to full-time employees (and their dependents).

The City currently has more than fifty (50) full-time employees and will offer group health benefits accordingly.

For purposes of PPACA only, a full-time employee is a person regularly scheduled to work 30 or more hours per week and which is not a temporary or seasonal employee of the City. The City of South Padre Island will be using Look-Back Measurement Periods and Stability Periods to determine which temporary and seasonal employees will be offered health coverage based on their full-time status.

This policy does not apply to employees that work less than ninety (90) days annually.

Procedure

1. Regular City Employees
   
   Regular city employees who work on average at least 30 hours per week will be offered health benefits coverage by the City.

2. Seasonal Employees
   
   For seasonal employees, the City of South Padre Island will use an initial measurement period, with an associated initiation administrative period and an initial stability period.
   
   The initial measurement period will start on the first day of the month after the date of hire.

• • Look-Back Measurement Period: Will be considered the twelve (12) months from the first day of the calendar month after the hire date.
  • Administrative Period: Will be considered the thirty (30) days from the first day of the calendar month after the hire date.
  • Stability Period: Will be considered the twelve (12) month period after the thirty (30) day administrative period.
    
    Transitioning from the Initial Measurement Period to the Standard Measurement Period

Scope

This policy applies to all City of South Padre Island employees.

Policy

As required by the federal Pregnant Workers Fairness Act (PWFA), the City of South Padre Island will provide reasonable accommodations to employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause undue hardship to the City of South Padre Island’s operations.

While the reasonableness of each accommodation request will be individually assessed based on the essential functions of the position, possible accommodations may include allowing the individual to:

In some cases, if the employee cannot perform the essential functions of the position, a reasonable accommodation may include waiving such essential functions so long as the inability to perform such functions is temporary and the essential duties will be able to be performed in the near future, and the inability to perform the essential function can be reasonably accommodated without undue hardship to the City.

An employee may request paid or unpaid leave as a reasonable accommodation under this policy; however, the City of South Padre Island will not require an employee to take time off if another reasonable accommodation can be provided that will allow the employee to continue to work.

The City of South Padre Island prohibits any retaliation, harassment, or adverse action due to an individual’s request for accommodation under this policy or for reporting or participating in an investigation of unlawful discrimination under this policy.

Procedure

The overarching goal of the PWFA is to assist workers affected by pregnancy to remain on the job by providing them with simple accommodations quickly.

Purpose

In order to prevent conflicts of interest, to avoid accusations and perceptions of biased conduct, and to maintain the confidentiality of restricted information, the City has adopted a policy to address employment decisions related to nepotism.

Scope

This policy applies to all full-time, part-time, and temporary seasonal employees and positions within the City.

Policy

1. Applicants
   
   
   • An applicant related to the City Manager or City Council within the third degree by consanguinity (blood) or within the second degree by affinity (marriage) shall not be employed by the City.
   • Under no circumstances will an applicant be employed in a department where the employee may directly or indirectly supervise or be supervised by a member of the employee’s immediate family. Immediate family includes spouse, parents, children, brother, sister, or domestic partner.
2. Promotion
   
   
   • In the event of a proposed promotion to any of the positions listed above, any employed family member of a person considered for promotion to any of the positions identified above must agree to immediately tender written, conditional resignation before the candidate will be formally considered for the proposed promotion. If the candidate is selected for and chooses to accept the promotion, the conditional resignation becomes final.
3. Reorganization
   
   
   • In the event of a reorganization, or any other situation (other than a promotion) giving rise to a relationship prohibited by this policy, one or both of the affected employees must immediately seek a transfer to another available position within the City for which the employee is qualified, and that meets the requirements of this policy. If a suitable transfer cannot be made within ninety (90) days of the event, giving rise to a relationship prohibited by this policy, one of the affected employees will be required to resign from employment. In the event that the employees do not decide which will resign, the employee with the least amount of seniority will be deemed to have resigned.
4. Other Restrictions
   
   
   • The following restrictions apply to the employment of any relative, including those defined as family members under this policy:
     
     
     • No employee in the relationship will supervise, review, or process the work of the other;
     • The employees’ relationship must not create a conflict between employees/City interests and
     • There must be no interdependence or relationship between the jobs of the individuals concerned, which could be potentially detrimental to the interests of the City.
       
       Relatives will not be permitted to work in the same department with each other without prior written authorization from the City Manager. In addition, written authorization must also be obtained from the City Manager to employ any relative of a current City employee.
5. Marriage of Current Employees
   
   
   • In the event of a marriage between two City employees, one or both of the affected employees must immediately seek a transfer to another available position within the City for which the employee is qualified and that meets the requirements of this policy. If a suitable transfer cannot be made within ninety (90) days of the event giving rise to a relationship prohibited by this policy, one or both of the affected employees will be required to resign from employment. In the event that the employees do not decide which will resign, the employee with the least seniority will be deemed to have resigned.
6. Grandfather Clause
   
   
   • The City is aware that, as of the adoption date of this policy, a number of City employees are related, by blood or by marriage, to other City employees. These employees will be “grandfathered” under this policy, meaning they will be permitted to continue their employment with the City as long as the requirements set out in this policy are met. Please be informed that the above “grandfathered” provision is for family relationships as they exist as of the adoption date of this policy (12/03/2014). Any future changes to the family relationship and/or the employment status of the affected employee(s) will be governed by the requirements of this policy.
7. Exceptions
   
   
   • The City Manager has the authority to approve the hiring of temporary employees that may violate the nepotism policy during peak seasons such as Spring Break if the City Manager feels the temporary assignment will be in the best interest of the City.

Procedure

Degrees of Family Relationships:

Consanguinity Kinship (Relationship by Blood)

Purpose

To establish standards by which information contained in personnel records will be managed with integrity to achieve accuracy, privacy and legal compliance.

Scope

This policy applies to all departments and employees of the City.

Policy

This Human Resources Division will maintain the official personnel records containing information on each City employee to meet state and federal legal requirements and to ensure efficient personnel administration.

Procedure

1. Notification of Changes
   
   
   • Changes of address, telephone number, and/or family status (births, marriage, death, divorce, legal separation, etc.) must be reported immediately to the Human Resources Division, as an employee’s group insurance may be affected by these changes.
2. File Access
   
   
   • Personnel files and information may not be used or divulged for purposes not connected with the City personnel management except with the permission of the employee involved or when required by law.
   • Access to an individual employee’s personnel file is restricted to the employee, authorized employees of the Human Resources Division and supervisors, or managers on a strictly “need to know” basis. Personnel files may not be removed from the Human Resources Division and can only be reviewed in the Human Resources Division with a Human Resources representative present.
   • The Human Resources Division uses an electronic platform to maintain personnel files for the city, effective October 1st, 2022. The employee has access to all sections of the electronic file in this file while employed by the City.
3. Information Requests and Employment References
   
   
   • Request for information from employee files received from other departments and inquiries from outside the City, including requests for references on former employees, will be directed to the Human Resources Division. Supervisors and other employees are prohibited from providing personal or employment references on ex-employees or current employees without approval from the Human Resources Division.
   • Verification of information requested by outside sources for credit or other purposes, must be submitted to the Human Resource Division for processing.
4. Personnel Files
   
   
   • When an employee is hired for the City, an electronic personnel file will be established, generally containing the following information.
     
     
     1. Application for employment and related documents such as resumes and educational transcripts.
     2. Personal information changes and personnel action notices of pay and employment status changes.
     3. Performance documents, including performance appraisals.
     4. Payroll deduction authorization documents.
     5. Employee history updating information submitted by employees, including recent education, records of achievements, changes affecting tax withholding, etc.
     6. Documents related to employment, such as appreciation letters, disciplinary action reports, employment verifications, and training records.
     7. Leave request forms. (excluding FMLA request)
5. Confidential Personnel Files
   
   Federal law requires that the City maintain all employee medical information in separate, confidential files. Therefore, in addition to personnel files, the City maintains a separate medical file for each employee. The Human Resources Division maintains these confidential files.
   
   Examples of information that may be provided to the City by an employee or the employee’s health provider and maintained in the confidential medical file include:
   
   
   • A note to justify an absence
   • A note to request sick leave
   • A fitness for duty statement
   • Medical records to support a claim for sick pay or disability benefits
   • Insurance and benefit records containing medical information
   • Workers’ Compensation records
   • Medical history records
   • Employment background check information containing medical information
   • Drug testing and employment physical results
     
     This file is kept securely behind two locked doors and a locked file cabinet.
     
     The City does not request genetic information from an applicant, employee, or health care provider. The City discourages health care providers from sending genetic information. Any genetic information inadvertently sent to the City will be placed in the employee’s confidential medical file maintained by Human Resources.
     
     It is important that employees understand that the records are confidential but that confidentiality may be waived when the employee provides medical information to the supervisor. When an employee provides information to the supervisor, the supervisor is expected to share the information only on an “as needed” basis with other members of management.
     
     In addition to protecting their own confidential medical information, employees must also respect the privacy and confidentiality of their coworkers’ medical information. Employees are expected to use discretion and judgment when dealing with such information and are to refrain from passing along information, gossip, rumors or anything else that may constitute an invasion of a coworker’s privacy or breach of confidence.
6. Separate Personnel Files
   
   
   • These files may be examined only by appropriate officials with the authority to conduct or review investigation materials.
     
     
     1. Any investigatory information will be kept in a separate electronic confidential file.
     2. I-9 forms are kept in a separate electronic file.
7. Public Information Request
   
   Within 14 days of employment with the City or within 14 days of termination of employment with the City, an employee may sign a form that allows the City to withhold from disclosure under the Public Information Act the following information:
   
   
   • Information related to the employee’s home address;
   • Information related to the employee’s home telephone number;
   • The employee’s emergency contact information;
   • The employee’s Social Security number; and
   • Information that reveals whether the person has family members.

Scope

This policy applies to all regular full-time employees for the City.

Policy

Regular full-time employees accrue vacation leave on a monthly basis. Vacation leave accrues at the end of the first full month of employment at a rate of eight (8) hours, [twelve (12) hours for Fire Department shift employees] for each full month worked in a calendar year. After five (5) years of employment, employees shall earn twelve (12) hours [eighteen (18) hours for Fire Department shift employees] for each full month worked in a calendar year. An employee may not use any accrued vacation leave until successfully completing the initial employment probation period of six months. Part-time and seasonal/temporary employees do not accrue vacation leave.

Official City-observed holidays occurring while an employee is on approved paid leave are considered paid holidays and do not affect vacation leave balances. Paid vacation leave is not considered hours worked for purposes of performing overtime calculations.

Procedure

Use and Scheduling of Vacation Leave:

Vacation leave is an earned benefit intended to provide employees with paid time away from the work environment to pursue activities that will promote the well-being of the individual. Vacation leave may also be used for purposes of attending to personal business, extension of sick leave when sick leave is exhausted, inability to get to work because of inclement weather, or for other purposes, and may be taken in hourly increments. Employees must schedule their vacation leave in accordance with their Department’s guidelines governing vacation scheduling utilizing the Time Clock system. Whenever possible, vacation time will be scheduled at the convenience of the employees. However, Department Directors must be certain that vacations do not interfere with the normal functions and activities of department operations. Whenever possible, employees are encouraged to submit their preferred vacation schedule to the appropriate supervisor as far in advance as possible to relieve any scheduling problems that may develop. To ensure proper payment of vacation pay, employees must make sure they have an approved vacation request before leaving for vacation.

If a sick leave request exceeds the sick leave balance, available vacation leave will be deducted to fulfill the leave request if a balance is available.

Maximum Accruals:

Employees may accrue up to 240 hours of vacation leave (360 for firefighters). All hours in excess of the maximum allowed are lost on the first day of January each year. Employees will not be paid for vacation in excess of the maximum accrual for vacation that is “lost” on the first of January. If the needs of the City and/or Department preclude the taking of a scheduled vacation, the City Manager may defer an employee’s scheduled vacation leave. In such cases, the City Manager shall grant the employee’s deferred vacation leave within thirty (30) days. Employees requesting to have vacation hours rolled over to the next calendar year must have a Personnel Form , with the request attached approved by the City Manager. All vacation carryover granted by the City Manager must be forwarded to payroll before December 31st of each year.

Scope

This policy applies to all regular full-time employees for the City.

Policy

Sick leave is paid time away from work due to bona fide illness or injury that prevents the employee from working, for visits to the doctor or dentist, child care or adult care of an immediate family member when schools or care facilities are closed, or the employee is unable to report to work due to inclement weather or to care for certain family members who are ill or injured. Employees who are unable to work due to illness or injury or other situations covered by this policy must immediately notify the appropriate supervisor in accordance with the procedures adopted by their Department. Paid sick leave is not considered hours worked for purposes of performing overtime calculations.

Sick Leave can also be used up to 16 hours to attend a funeral where Bereavement Leave does not apply and to extend Bereavement Leave for up to forty (40) hours.

Holidays falling during a period of approved absence for sick leave will be paid. Therefore, sick leave will not be deducted.

“Effective October 1st, 1997, all future earned and unused Sick Leave Credit will be paid at a rate of fifty percent (50%) of the earned leave rate upon resignation of employment with proper notice and good standing. All previous earned and unused Medical Leave Credit accumulated prior to October 1st, 1997, will be paid at a rate of one hundred percent (100%) of the earned leave rate upon resignation of employment with proper notice and good standing.” (Amended by Ordinance No. 97-15)

Effective October 1st, 2011, all Sick Leave remaining in the Sick Leave Reserve bank that was accumulated prior to October 1st, 1997, will be paid out at the employee’s base hourly rate as of October 1st, 2011, upon resignation of employment with proper notice and good standing, regardless of the employee’s pay rate when the amount is paid.

Note: Sick Leave taken is charged to sick leave first earned as of October 1st, 2011.

Procedure

Accrual Rate:

Regular full-time employees accrue sick leave on a monthly basis. Sick leave accrues at the end of the first full month of employment at a rate of eight (8) hours, [twelve (12) hours for Fire Department shift employees] for each full month worked in a calendar year. Part-time and seasonal/temporary employees do not accrue sick leave.

Employees on approved FMLA leave will continue to accrue sick leave during the paid portion of their absence. Sick leave will not be accrued if an employee is out on any unpaid leave or any other leave that exceeds thirty (30) days.

Maximum Accrual:

The maximum sick leave time which any employee may accumulate shall be 720 hours (1080 hours for Certified Firefighters).

Authorized Use of Sick Leave:

For the Employee: Accrued sick leave may be used for absences due to the employee’s bona fide personal illness, accident, injury that prevents working, or birth of a child (if the employee physically gave birth; otherwise, use of sick leave for childbirth falls under the section below). Sick leave may be used by employees for their dental or doctor appointments.

If a sick leave request exceeds the sick leave balance, available vacation leave will be deducted to fulfill the leave request if a balance is available.

Employees with sick leave banks over 500 hours can use up to 40 hours between 501 and 720 hours in a calendar year for personal use with approval from their supervisor.

For the Employee’s Immediate Family:

Sick leave may also be used for absences when needed to care for a member of the employee’s immediate family who is ill or injured. Sick leave may also be used concurrently with related approved FMLA leave. For purposes of this policy, “immediate family” is defined as the employee’s parent, current spouse, children/stepchildren, grandparents, brothers, sisters, and parents of the employee’s spouse. In the event of a life-threatening illness or injury of the employee’s family member who does not meet the definition of “immediate family,” the City Manager may allow the employee to use up to 40 hours of accrued sick leave (60 hours for firefighters). Sick leave may also be used by employees for their immediate family’s scheduled doctor and dentist appointments.

Minimum Increments:

Sick leave must be taken in minimum increments of one hour. Sick leave taken in increments of less than one hour should be made up within the same work week.

Failure to Report Absence/Abuse of Sick Leave:

Supervisors closely monitor the use of sick leave. It is anticipated that employees using paid City sick time for their own illness/injury or that of a family member will use their sick leave time to recuperate or care for their family member. Trips to the doctor or hospital stays/visits, which take the employee away from home, are acceptable, but other personal pursuits during paid sick leave for anything other than an illness, injury, or doctor/dentist appointment as provided for in this policy, may result in immediate disciplinary action, up to and including termination of employment. Similarly, employees who fail to timely report an absence or tardiness due to illness, injury, or doctor/dentist appointment may be disqualified from using sick leave for their absence.

Use of Other Leave:

Scope

This policy applies to all full-time non-exempt employees of the City.

Policy

The City of South Padre Island may provide non-exempt employees who work over forty (40) hours in a single work week (or over 86 hours in the Police Department or over 212 in the Fire Department in a single work period) with overtime pay or compensatory time at the discretion of the City.

Supervisors must notify employees prior to the performance of work that overtime will be converted to compensatory time, preferably in writing. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Employees may accrue up to two-hundred and forty (240) hours of comp time; since comp time is accumulated at time and one-half, this is one hundred and sixty (160) hours of actual overtime work. Employees who work in a public safety activity or emergency response activity may accumulate up to four hundred and eighty (480) hours of comp time (320 hours of actual overtime work).

Procedure

An employee who has accrued compensatory time and requests use of such time must be permitted to use the time off within a “reasonable period” after making such request if it does not “unduly disrupt” the work of the department. If the use of requested comp time would be disruptive, the department may elect to pay the employee in lieu of approving the requested time off. The City may, at any time, elect to pay a non-exempt employee for any or all of the employee’s accrued comp time. The City may also require employees to take time off in order to reduce their accrued comp time. Otherwise, compensatory time off may be used the same as leave time.

As soon as an employee reaches maximum accumulated compensatory time, all further overtime will be paid at the rate of one and one-half times the employee’s regular rate of pay.

Employees cannot request payment of compensatory time. Payment of compensatory time is detailed below.

Payment of Compensatory Time:

All employees who are reclassified from a non-exempt position to an exempt position will be paid all accrued comp time upon approval of the reclassification and will cease to be eligible for any additional overtime and/or comp time. Likewise, an employee who is either promoted, transferred or demoted to another non-exempt position will be paid in full for any comp time accrued before the promotion or demotion becomes effective. Upon leaving employment with the City, a non-exempt employee will be paid for unused comp time at the employee’s current hourly rate. All compensatory time will be required to be paid out to an employee prior to the effective date of a pay increase.

Scope

This policy applies to all full-time positions of the City.

Policy

Total Compensation Philosophy

The City of South Padre Island (City) is committed to providing an organized, equitable, consistently administered, and maintained competitive total compensation system of salary and benefits to employees that supports its strategic objectives. The City seeks to attract and retain a highly engaged, qualified and diverse workforce through a competitive pay system that fosters the City’s commitment to providing services to residents and visitors alike. Recognizing and rewarding employees’ experience and responsibility levels competitive with its peers while remaining fiscally responsible to the public are key to the City’s compensation system and associated practices.

To support this philosophy, the City of South Padre Island will:

• Provide a competitive total compensation system of salary and benefits that is competitive with its peers;
• Maintain and update a competitive compensation (pay) plan and classification structure that is internally and externally equitable, provides for career and salary growth, and allows for flexibility in administration;
• Administer and maintain flexible hire, promotion, and retention pay practices that support the compensation and classification system and provide managers flexibility in offering competitive salaries to attract and retain a highly qualified, engaged workforce;
• Communicate and administer the compensation plan and classification structure equitably, and in a manner that is clear and transparent to employees at all levels and is supported by the public; and
• Review regularly the compensation and classification structure and associated policies and practices through internal review, and surveys of external peer market salary trends.

The Human Resources Department is responsible for maintaining, administering, and communicating the City’s Total Compensation Program. The Department oversees the implementation of classification and compensation strategies, processes, and practices.

The City Manager approves the administration of the Total Compensation Program. This document is intended to provide a brief summary (only) of the City’s compensation philosophy and associated pay practices. These are provided in detail in the City’s Employee Handbook and govern the administration, overall, of the City’s Total Compensation Program.

1. Provide a competitive total compensation system of salary and benefits.

The City’s total compensation system includes both employee salary (pay) and offered employee benefits. The City reviews both components of compensation on an ongoing basis.

It is the intent of the City to provide:

• Salaries to employees that reflect market conditions for similar work; and
• Benefits (both mandatory and optional) to employees that reflect market trends that, when combined with salaries provide (in total) competitive compensation.

1.1     SALARIES

Employees’ salaries (base pay) are determined at the beginning of employment with the City and are intended to progress within the pay range of each employee’s assigned classification. The progression is determined based on the ability of the City to fund annual Cost of Living Adjustments (COLA) for its regular, full and part-time employees. Progression of salaries within and through pay ranges is reviewed regularly to determine if and how salaries are competitive externally in the labor market and internally within the City. Also reviewed are other methods by which employees may also receive pay additives (e.g., uniform/clothing allowance) and/or incentive pay (certification beyond minimum qualifications) to their base pay.

1.2     BENEFITS

A regular full-time employee, upon hire, will be provided certain mandatory benefits (e.g., eligibility for worker’s compensation, health coverage, etc.), and will be given options to select or decline other non-mandatory benefits (e.g., short-term disability, critical insurance, accident coverage, etc.) at varying levels of coverage and/or cost.

2. Maintain and update a competitive compensation (pay) plan and classification structure.

The City’s competitive compensation (pay) plan is comprised of pay grades with associated pay ranges. The pay ranges are based on market averages for similar positions/classifications based on essential job duties and minimum qualifications. To ensure compensation is competitive and equitable, the City has adopted a classification process to establish new positions and review existing ones for appropriate placement within the City’s pay plan. This process ensures external/internal equity.

2.1     CLASSIFICATION

External equity exists when an organization's pay rates are at least equal to market rates. The City achieves external equity by:

• Identifying the positions to be classified;
• Identifying target organizations, the City may compete against for talent; and
• Benchmarking jobs externally by conducting a salary survey and analysis of the position(s) being studied.

Internal equity is the comparison of positions within the City to ensure fair pay. The City achieves internal equity by comparing jobs internally to ensure comparable pay for jobs with similar levels of responsibility, scope and decision-making authority. This is key for jobs that the City cannot benchmark externally.

Generally, a balance of external and internal equity is utilized to determine a position’s placement in the pay plan through this process. A pay grade and associated pay range (minimum and maximum pay) is selected for each classification in the pay plan. At times, external labor market conditions may influence the grade/range selected for a position. For example, for hard to recruit or hard to retain, or critical positions, market conditions can influence the grade/range selected. An employee’s salary, i.e., placement within the pay range, depends on the personnel action that is taking place. These will be discussed in the next section.

2.2    COMPENSATION

The City is committed to providing a fair and organized approach for administration of a total compensation program. To meet this requirement, the City will strive to (1) maintain a competitive pay plan/structure for the purpose of recruiting and retaining a diverse, effective and efficient work force; (2) establish a salary range for each position that is based on a systematic blending of the positions internal worth to the City and its external value in the market; and (3) adhere to the Fair Labor Standards Act in establishment of minimum wage, overtime pay and child labor standards affecting full and part-time employees.

In order to ensure that the employee salaries are relative to annual inflation, the City may, during the annual budget process, fund a COLA for all regular, full and part-time employees (not included in the pay plan). The COLA will be based on average of the first eight months (October – May) of the current fiscal year Consumer Price Index (CPI) for the defined Texas Region. (CPI Data Used: CPI, Urban Wage Earners and Clerical Workers, Area: South Urban).

In addition, compensation surveys will be conducted as requested by the City Manager and submitted as part of budget preparation materials submitted to the City Council. Discussion of the review of the Total Compensation Program is discussed in the last section of this document.

3. Administer and maintain flexible hire, promotion, and retention pay practices.

The method of moving salaries through the pay plan and setting new salaries for new hires, promotions, demotions, and transfers depends largely on an organization’s compensation philosophy. It is important for the City to have established guidelines for each of these situations, and to ensure that they are followed consistently for all employees.

Pay practices are reviewed periodically to ensure they align with the City’s Compensation Philosophy, market trends, and potential internal equity concerns. Supporting the City’s compensation and classification system while providing managers flexibility in offering competitive salaries and progressing those salaries are important to attract and retain a highly qualified, engaged workforce. The City’s key pay practices for establishing and progressing employees’ salaries are outlined below.

3.1 New Hire Salaries

A new employee shall be placed into the plan at the grade applicable for their position/classification for which they have been selected. The following criteria will be considered when determining the range placement of a new employee:

• experience level exceeding the minimum experience required for the position (outside experience must be documented); and
• internal equity of the department.

Approval by the Human Resources Manager is required for all placements above range minimum for any new employee or any employee reassignment within the City. Placement above range minimum will typically be considered in cases where an employee has directly comparable work experience, as determined by the City, that goes above and beyond the minimum requirements for a job. Their placement will always be subject to an internal equity review, and placement may be lowered in cases where internal equity would be negatively affected. Example: if a position calls for five years of experience, and a candidate has ten years of related work experience beyond minimum qualifications, the candidate would be in line for potential placement at a higher salary based on the additional work experience. The table below provides a guideline for determining the potential additional salary increase above the minimum of the range.

RANGE PLACEMENT GUIDELINES

A review must be performed and any individual who is hired into a position will not be placed at a higher pay rate than employees in the same classification and/or similar positions and with similar qualifications as determined by the Human Resources Department. This type of internal equity review must be performed for all new hire salaries above the minimum of the classification’s pay range.

3.2 Pay Progression

Pay progression may occur by an annual across the board increase.

The City will review on an annual basis, its ability to provide across the board salary increases. These may be associated with increases to the local cost-of-living index or a need to keep the pay structure in line with the market.) Pay will not be reduced if the cost-of-living index decreases. Budget restraints will always govern both possibilities.

3.3 Promotion, Demotion, Lateral Transfer, Reclassification, Re-Grades

The City Manager is responsible for creating a functional and productive workforce for the City. The City Manager has the authority to make salary adjustments within the organization to create efficient operations within the City as outlined in this policy. The purpose of adjustments is to respond to situations that might affect the external competitive position or adversely affect internal equity. Once direction has been given with regard to salary adjustments or increases, Human Resources will coordinate the implementation. All proposed salary adjustments to specific positions must have the approval of both the Department Director and the City Manager. The most common type of salary adjustments are promotion, demotion, reclassification and lateral transfers.

Listed below are guidelines that will be followed to maintain consistency in pay administration. Any individual who is promoted, demoted, or transferred to a new position will not be placed at a higher pay rate than employee(s) who are in the same position with the same amount/more experience.

Promotion:

A promotion is typically defined as movement from one level in the organization to the next. It usually results in movement to a job with significantly different job content, accountability, and/or responsibility. The following criteria will be reviewed for promotional increases:

• Employee’s placement in the new range in relation to the minimum;
• pay grade difference between old and new position; and
• internal equity of department.

Employees will typically be placed at the minimum of the new range except when the range minimum is below the employee’s current salary. If the minimum of the new range is below the employee’s current salary the employee should be awarded an increase equivalent to the difference between the current pay grade and the pay grade of the new position. For example: if the employee’s current salary exceeds the minimum of position they are promoting to and there is a ten percent difference between the pay grades of the employee’s current and new position, the employee would could receive a ten percent increase. The increase of course must be reviewed against the salaries of current employees in the same classification.

Demotion:

A demotion is movement from the current job to a job in a lower salary grade. Typically, salary adjustments as a result of a demotion will be made equivalent to the percentage difference between the pay grades of the current and demoting positions, but should be based on the following criteria:

• the reason for the demotion;
• pay grade difference between old and new position; and
• review of current employees’ salaries in the lower salary grade (internal equity).

Lateral Transfer:

A lateral transfer describes the movement of an employee from one position to another position with the same salary range. Typically pay would remain the same, but the following criteria should be considered:

• the reason for the transfer;
• employee placement in relation to the market; and
• internal equity of employees’ salaries within the department.

Reclassification:

Re-Grades:

A re-grade is when the City Manager moves a position to a different pay grade as the result of a market review of the position that results in the position not being in the proper pay grade to be competitive externally or internally or due to a change in market conditions. Normally this occurs when a salary survey is performed by Human Resources. This may, in some instances occur when it is difficult to attract applicants for a certain position because the position may not be at the correct pay grade to be externally competitive.

Standards for Withholding Pay Increase(s):

An employee whose competence and value in the position does not progress commensurate with their service, and/or who does not consistently meet required standards of performance, shall not receive pay increase(s), including any across the board increases. As well, if an employee is placed onto a performance improvement plan during their annual review, his/her salary will likely be frozen in place. No change would be made until they have successfully completed the performance improvement plan.

The department head will be responsible for informing the employee of their performance requirements and for developing and providing a performance management plan for improvement to the employee. The performance management plan and improvement requirements shall be provided in writing including a time line for successful accomplishment. At the conclusion of the performance improvement plan, employees should either be placed (back) at their previous rate of pay or steps should be taken to sever employment.

4. Communicate and administer the compensation plan and classification structure equitably.

The City’s competitive compensation (pay) plan must be communicated regularly, and administered equitably in a manner that is clear and transparent to employees at all levels and is supported by the public.

Certainly, this document is one tool the City utilizes to communicate how its pay plan is administered. While there is some flexibility within the pay practices described herein, ensuring that overall, the practices are equitable is key. Continuous review of the pay practices is important and may uncover that the practices need improvement and/or to remain current with market trends. There can also be “unintended consequences” that result from a particular practice that needs to corrected. The labor market conditions can change quickly which may demand a need for changes to a pay practice.

Scope

This policy applies to all City of South Padre Island employees.

Policy

The City of South Padre Island requires employees to work overtime when necessary and as requested by the supervisor. Overtime is defined as time worked which exceeds forty (40) hours per work week. The City of South Padre Island work week is from Saturday at 12:00 am to Friday at 11:59 pm. Overtime for Certified Police and Fire department employees will be calculated based on the maximum number of hours for the declared work period. Employees who work overtime without authorization from their immediate supervisor will be subject to disciplinary action. Overtime on any job shall be allocated as evenly as possible among all employees qualified to do the job. Supervisors should make every effort to schedule overtime as far in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. Overtime for non-exempt employees will be paid subject to the requirement of the Fair Labor Standards Act. Some seasonal and temporary positions may be eligible for overtime.

Procedure

Overtime Pay (Non-Exempt Employees):

• Non-exempt employees will be paid at the rate of one and one-half times their regular rate of pay for overtime worked.
• The employer may, at its discretion, provide compensatory time in lieu of paid overtime.
  
  Please refer to policy #400.18, Compensatory Time, for more information.
• Regular part-time employees will be paid overtime for all time worked, which exceeds 40 hours in a work week, as established by the City.
• Holidays are considered actual time worked for the calculation of overtime.
• Vacation, sick, or any other leave type is not considered actual time worked for the calculation of overtime hours.
• Certified Fire Protection personnel will be paid overtime for all authorized time worked which exceeds 212 hours in a 28-day pay period established by the City.
• Licensed Police Officers will be paid overtime for all authorized time work that exceeds 86 hours in the 14-day pay period established by the City.

Overtime Pay: Exempt Employees:

• Exempt employees are not eligible for overtime pay. These employees will normally be required to work more than the normal 40-hour week without additional compensation due to the nature of their job duties. Exempt positions can request occasional flex-time leave based on workload. Please refer to policy #400.17, Flexible Time Leave, for more information.

Scope

This policy outlines the conditions under which a full-time public safety employee may be compensated for certifications specified in this policy. This policy only applies to full-time regular or part-time licensed police officers, licensed dispatchers, and certified fire protection personnel. Part-Time Beach Rescue Technicians are eligible for hourly certification pay based on the listed certifications.

Policy

The City will pay the following to an employee who obtains and maintains the following certifications and currently serves as a full-time licensed police officer/dispatcher or a certified fire protection employee. This amount will be added to the employee’s hourly rate to ensure it is included in the regular rate of pay for overtime calculations.

Part-Time Beach Patrol Technicians are also eligible for certification pay based on the following certifications:

Procedure

1. It is the employee’s responsibility to submit a copy of the certification showing date earned to the Department Director and to Human Resources.
2. The Department Director must submit a personnel action form (PA) and a copy of the certification received to the City Manager for approval.
3. The amount and type of certification must be written on the PA form.
4. Certification pay will begin the following payroll from the date that the Finance Department receives the approved PA form but not before the date of certification.
5. The City will not pay retro-pay certification pay to the date the certification was received by the employee.
6. If an employee does not maintain certification, he or she will no longer be eligible for certification pay.
7. An employee must immediately notify the Department Director if their certification expires, is canceled, or is not renewed.
8. Employees eligible for certification pay are not guaranteed the annual amount listed. The amount is added to the hourly rate of pay.

Scope

This policy applies to all City of South Padre Island employees.

Policy

The City has established work weeks/periods and pay periods to administer the payment of wages, salaries, and overtime to comply with federal, state, and local laws and provide employees with a reliable and responsive system.

Procedure

• Work Week/Period – All employees except for Certified Police Officers, Certified Fire Fighters, and EMS

For pay purposes, the work week/period shall be a seven (7) day period. The paycheck will include any overtime the employee earned over 40 hours in the 7-day period. The work week/period begins on Saturday at 12:00 am and ends on Friday at 11:59 pm.

• Work Period – Certified Fire Fighters and EMS

The work period shall be a twenty-eight (28) day period. The first paycheck in the twenty-eight (28) day cycle will be paid at the regular rate of pay. The second paycheck in the twenty-eight (28) day cycle will include any overtime the employee has earned over 212 hours in the 28-day period. The work period starts at 12:00 am on the first day of the cycle and ends at 11:59 pm on the last day of the cycle.

• Work Period – Certified Police Officers

The work period shall be a fourteen (14) day period. The paycheck will include any overtime the employee earned over 86 hours in the 14-day period. The work period starts at 12:00 am on the first day of the cycle and ends at 11:59 pm on the last day of the cycle.

• Pay Period

The pay period shall be bi-weekly, with generally twenty-six pay periods per year.

• Pay Day

The payday is the first Wednesday following the end of a pay period. Employees are paid on a bi-weekly basis (every other week on Wednesday). If a regularly scheduled payday falls on a holiday, paychecks will be distributed on the next regularly scheduled working day. When an employee voluntarily resigns, the employee is paid on the next payday. When an employee is involuntarily terminated the employee will be paid within six (6) calendar days as required by the Texas Payday Law.

Scope

This policy applies to all City of South Padre Island employees.

Policy

Purpose

In support of the City’s strategic priority of reinvesting in a high performance organization and work culture, the City of South Padre Island Training Program (SPI Connect) is designed to improve continuous learning and growth for employees at all levels of the organization. SPI Connect will serve as a foundation for identifying, producing, organizing, coordinating, and communicating training opportunities for City of South Padre Island employees with an end result of providing timely, relevant, and consistent training and development solutions.

Mission

The mission of the SPI Connect training program is to promote and support organizational effectiveness and employee development by providing high-quality educational training programs. We strive to enhance individual and team development as a means of creating a better work environment and a better South Padre Island.

Human Resources/Training and Workforce Development

The Human Resources Division provides oversight of the SPI Connect program.

All available City-sponsored, instructor-led training and computer-based training/online activities are posted on the City’s SPI Connect website. Employees can access SPI Connect by visiting https://sites.google.com/myspi.org/connect/home. Once there, they can view and enroll in training if your supervisor approves.

Informational flyers are also posted on bulletin boards in those departments that have employees without direct email or computer access.

Training/Learning Activities

Mandatory Training

Mandatory training refers to training required for all or specific groups of employees. It includes City-wide mandatory training (required of all employees) and training required by specific divisions, departments, and or job groups.

• Mandatory New Employee Training
  
  New employees of the City, are required to complete the listed training below in the first thirty calendar days of employment. All training is considered time worked and should be completed during work hours. All certificates must be turned in to the Human Resources Division once all are complete.
  
  Mandatory Training Topics include:

• • Please log into the TML Risk Pool Online Learning Center through the website link above using the following credentials to complete the required training.
    
    Online courses are available 24/7 from any computer with internet access, and most courses take about 30 minutes to complete. The TML Risk Pool Online Learning Center can be accessed through the SPI Connect website listed above.
• Division/Department/Job-Specific Mandatory Training
  
  Divisions, departments, and specific job categories may require additional mandatory training. Employees should consult their supervisors and departmental policies for more information.

Adjunct Training

Other training activities will be offered by city departments through the SPI Connect training program. City employees or outside vendors will conduct the training. Registration will be made available on the SPI Connect website. Examples include, but are not limited to, the following:

Scope

This policy applies to all City of South Padre Island employees.

Policy

To ensure orderly, productive, and safe operations and to provide the best possible work environment, the City requires employees to follow rules of conduct that will protect the interests and safety of the City, its citizens, and employees.

Prohibited Activities:

Disciplinary action will be imposed for violations of City or departmental policies and procedures, codes of conduct, rules, and regulations, either written or verbal. In addition, acts that are not explicitly addressed in policies and procedures, codes of conduct, and rules and regulations but that may adversely affect the City or put the health and safety of fellow employees, citizens, or other third parties at risk may also result in disciplinary action. It is impossible to list all the forms of behavior that are considered unacceptable in the workplace.

The following are some examples of conduct that will likely result in disciplinary action, up to and including immediate termination of employment:

1. Theft or inappropriate removal or use of City property or other property not belonging to the employee.
2. Falsification of timekeeping or other records, including employment applications.
3. Reporting for work or working under the influence of or with a presence in the system of alcohol or illegal drugs.
4. Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating City-owned equipment.
5. Violation of the City’s policy regarding sexual or other unlawful harassment.
6. Interfering with work schedules or another employee’s ability to work.
7. Misuse of City telephones, computers, mail systems, internet, or other electronic systems.
8. Excessive or unscheduled absenteeism, tardiness in reporting for work or returning from lunch and breaks or absence without notice and/or approval.
9. Breaks in excess of the allotted time allowed.
10. Violation of the Use of Tobacco Products/Electronic Cigarettes policy.
11. Violation of safety or health rules and/or failure to immediately report an on-the-job injury/accident.
12. Profanity, abusive language, or racial slurs.
13. Unauthorized disclosure of confidential information.
14. Violation of any provision of the City Charter.
15. Violation of City or departmental policies, codes of conduct, rules, and procedures.
16. Coercion, intimidation, or threats against citizens, supervisors, co-workers, City officials, or others.
17. Making or publishing false, vicious, or malicious statements about the City, or a City employee or citizen, or others.
18. Unsatisfactory performance or conduct.
19. Inefficiency, incompetence, or neglect of duty.
20. Fighting, provoking or instigating a fight, or threatening violence.
21. Disruptive activity in the workplace.
22. Engaging in a work stoppage.
23. Conduct which results in waste or damage of a coworker’s, City, or citizen-owned property.
24. Insubordination and/or other disrespectful or unprofessional conduct.
25. Discourteous treatment of the public.
26. Possession of weapons on City time, City premises, or while on City business (except for licensed peace officers required to carry a weapon as part of their job duties or employees with concealed handgun licenses with permitted weapon locked in their personal vehicle).
27. Violation of local, state, or federal law.
28. Conviction of a felony, including reasonable belief that the employee has committed a crime under the Texas Penal Code or Class A or B misdemeanor involving moral turpitude, or repeated conviction of Class C misdemeanor charges, or any crime.
29. Failure to return to work in a timely manner upon conclusion of authorized leave or disciplinary suspension.
30. Outside employment that conflicts with, or potentially conflicts with, City interests.
31. Acceptance of payment of any kind by a third party for activities related to City employment.
32. Failure or refusal to follow lawful orders.
33. Sleeping on the job (except for Fire Department personnel governed by applicable Fire Department Rules and Regulations).
34. Dishonesty, including misrepresentation during the hiring process.
35. Participation in workplace gossip causing disruption to the organization, damaging morale or causing lost productivity.
36. An accumulation of minor infractions.
    

Scope

This policy applies to all City of South Padre Island employees.

Policy

Regular Work Hours:

Nonexempt employees of the City, except for Fire Department and Policy Department Personnel, normally work 40 hours in a seven-day workweek. Exempt employees may be required to work in excess of 40 hours in certain weeks. The work week begins on Saturday at 12:00am, and ends on Friday at 11:59 pm. The regular workday normally begins at 8:00 am and ends at 5:00 pm., although employees in some departments may have different work hours. For example, most non-exempt Fire Department personnel work a 24-hour shift every third day, based on a 28-day (212-hour) work cycle. Most non-exempt Police Department personnel work a 14-day (86-hour) work cycle. In times of disaster or emergency, working hours shall be determined by the City Manager.

Adjustment to Work Hours:

To ensure the continuity of city services, it may be necessary for Department Directors to establish other operating hours for their departments. Work hours and work shifts must be arranged to provide continuous service to the public. Employees are expected to cooperate when asked to work overtime or on a different schedule. Acceptance of work with the City constitutes the employee’s acknowledgment that changing shifts of work schedules may be required and indicates that the employee will be available to do such work.

Attendance Records:

Employees are expected to be at their workstations and ready to work at their scheduled start time. Non-exempt employees are required to sign into the time clock system to record the number of hours worked each day, as well as the time they arrived to work, the time they left for and returned from lunch, and the time(s) they left for and returned from any unpaid break during the work day.

Attendance and Punctuality:

To maintain a safe and productive work environment, the City expects employees to be reliable and punctual in reporting to work. Absenteeism and tardiness are disruptive and place a burden on the City and on co-workers. Either may lead to disciplinary action, up to and including termination of employment. In the rare instance when an employee cannot avoid being late to work or is unable to work as scheduled, the employee must personally notify the supervisor as soon as possible in advance of the anticipated tardiness or absence in accordance with departmental procedures. The employee must disclose to the supervisor whether the absence or tardiness is approved for Family Medical Leave or sick leave and the date and time of anticipated arrival. The employee must personally notify the supervisor on each day of absence for absences of a day or more unless the supervisor expressly waives this requirement.

Scope

This policy applies to all City of South Padre Island employees.

Policy

The City allows rest breaks as authorized by an employee’s immediate supervisor during the course of each workday to prevent undue fatigue and comply with applicable laws.

Procedure

Meal Periods:

Full-time employees (excluding most Police and Fire Department employees) are typically provided a one-hour unpaid meal break near the middle of the workday. Meal periods may be staggered by the Department Director to minimize departmental interruption. Supervisors will provide employees with the starting and ending times for their specific meal periods. Employees will be relieved from work responsibilities during unpaid meal breaks. Employees may not extend meal breaks beyond their assigned period without prior approval.

Saving the meal period until the end of the shift to leave early from work must be pre-approved by the supervisor.

Breaks:

Full-time employees may, depending on individual department work schedules and the discretion of their supervisor, take up to two fifteen-minute paid breaks each day, one during the first part of the work day and the other during the latter part of the work day. Breaks may not be combined.

Lactation Breaks:

Employees who are nursing are provided with reasonable break time to express breast milk for their nursing child, in a location, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. Employees will not be retaliated against for exercising their rights under this policy. See Policy #700.20 Rest Periods for Nursing Mothers for more detailed information.

Supervisor Responsibility:

Supervisors are responsible for scheduling the time for employee rest and lactation breaks and should consider the work load and nature of the job performed. Whenever necessary, the supervisor may change the frequency and length of rest breaks.

Scope

This policy applies to all City of South Padre Island employees.

Policy

The City requires all non-exempt employees to record their time worked using the time clock system. Non-exempt employees are required to clock in and out for payroll and attendance purposes. It is the Department Director’s responsibility to ensure that the time records are accurate.

Employees not clocking in prior to performing work for the City will be subject to disciplinary action up to and including termination of employment.

Procedure

Clocking In & Out:

Each non-exempt employee must provide their fingerprint each time they clock in and out for work. This includes clocking in and out for lunch in addition to the beginning and end of each shift.

If the employee misses an entry into the timekeeping system, the employee will notify their immediate supervisor as soon as possible. The supervisor will manually enter the employee’s work hours via the Time Clock Manager software on the computer. Employees who consistently miss time clock entries will be subject to disciplinary action.

The Time Clock System “rounds” time to the nearest ¼ hour (15 minutes). For example, if an employee clocks in at 7:55 am, the Time Clock System will say 8:00am, 8:07 am is considered 8:00 am but 8:08 am is considered 8:15 am. Employees found to be intentionally and unnecessarily delaying “punching out” until 5:08 pm (if their shift ends at 5:00 pm) will be subject to disciplinary action.

If there is a problem with the time clock, the employee should notify the Finance Department and their immediate supervisor.

Requesting Time Off:

Employees requesting time off shall do so with as much advance notice as possible. This will allow for proper scheduling of staff to cover the shortage.

It shall be the responsibility of the employee’s immediate supervisor in each Division or the Department Director to approve requests for time off, whether vacation leave or sick leave, in addition to approving time sheets for payroll purposes. After approved by the Supervisor, it is the final authority of the Department Director to approve.

This policy applies to all City of South Padre Island employees.

Policy

The City strives to provide a safe and secure working environment for its employees. This policy is designed to help prevent incidents of violence from occurring in the workplace and to provide for the appropriate response when and if such incidents do occur.

Zero Tolerance:

Harassment, intimidation, threats, threatening behavior, violent behavior or acts of violence between employees or such action between an employee and another person that arises from or is in any manner connected to the employee’s employment with the City, whether the conduct occurs on duty or off duty, is prohibited.

Weapons Control:

Unless expressly authorized by the City Manager, no employee other than a City licensed peace officer shall carry or possess a firearm or other weapon on City premises. Employees licensed by the State of Texas to carry a concealed weapon may have a permitted weapon only in the City parking lot if it is locked in the employee’s vehicle and cannot be observed from outside the vehicle. Prohibited weapons include firearms, clubs, explosive devices, knives with blades exceeding 5.5 inches, switchblades, etc. Employees do not have an expectation of privacy, and the City retains the right to search for firearms or other weapons on City property.

Mandatory Reporting:

Each City employee must immediately notify his/her supervisor, Department Director, Director of Operations, Human Resources Manager, City Manager, and/or the Police Department of any act of violence of any threat involving a City employee that the employee has witnessed, received, or has been told that another person has witnessed or received. Even without an actual threat, each City employee must also report any behavior that the employee regards as threatening or violent when that behavior is job-related or might be carried out on City property, a city-controlled site, or City job site, or when that behavior is in any manner connected to City employment or activity. Each employee is responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons threatened or the target of the threatening behavior. A supervisor who is made aware of such a threat or other conduct must immediately notify his/her Department Director and the Human Resources Manager.

Protective Orders:

Scope

This policy applies to all City of South Padre Island employees.

Policy

Conflicts of Interests:

No employee of the City may:

• Have any financial or other interest, directly or indirectly, in any proposed or existing contract, purchase, work, sale, or service to, for, with, or by the City.
• Use City employment, authority, or influence for personal betterment, financial or otherwise.
• Have any financial interest, directly or indirectly, in the sale to the City of any land, materials, supplies, or services.
• Have discussions or participate in decisions of any City agency, board, commission, or instrumentality if the employee has any personal economic interest or is employed, directly or indirectly, by the person or entity that is the subject of the discussion or decision.
• Accept other employment or engage in outside activities incompatible with the performance of duties and responsibilities as a City employee or that might impair independent judgment in the performance of duties to the City or
• Accept remuneration or provide services for compensation, directly or indirectly, to a person or organization requesting approval, investigation, or determination from the City.