File #: O-423-19    Version: Name:
Type: Ordinance Status: Approved
File created: 8/27/2019 In control: Human Resources Department
On agenda: 9/3/2019 Final action: 9/11/2019
Title: Amending the Toledo Municipal Code by repealing Sections 2101.01 & 2101.74 and enacting a new Toledo Municipal Code Section 2101.01 & 2101.74; and declaring an emergency.
Attachments: 1. Audio: Agenda Review 8/27/2019, 2. Audio: City Council Meeting 9/3/2019

Label

Department of Human Resources

T. Alexander (x1031)

 

Title

Amending the Toledo Municipal Code by repealing Sections 2101.01 & 2101.74 and enacting a new Toledo Municipal Code Section 2101.01 & 2101.74; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

Toledo Municipal Code Chapter 2101 governs the terms and conditions of employment for the City of Toledo’s Classified Exempt and Executive Exempt employees.  This Ordinance repeals Municipal Code Section 2101.01, Classifications, and 2101.74, Base Annual Salaries - Executive Group, and enacts a new Section 2101.01 and 2101.74.

 

In an effort to assist in the recruitment and succession plan for executive level positions, this ordinance would create the new classification of “Deputy Director” at a salary group E-3, expand the range for those classifications within the E-4 salary group, and create a new salary group, E-5, for senior level executive group positions.  In addition, this ordinance would amend the Toledo Municipal Code to be consistent with the Charter of the City of Toledo, which anticipates a Deputy Director to perform the duties of the head of the department during the absence or disability of the department head.

 

These changes are needed to assist in filling critical or key positions with the best and most prepared candidate, resulting in minimal disruption to the operations. Moreover, these changes will assist in the creation and implementation of a succession plan that includes recruitment and retention of successful leaders, sustaining current initiatives of the department or division, and increased employee morale.

 

The current Toledo Municipal Code Sections 2101.01 and 2101.74 are hereby repealed and replaced with new Code Sections 2101.01 and 2101.74, as indicated below.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

SECTION 1. That Toledo Municipal Code Section 2101.01 which states as follows:

 

The employees working in classifications listed in this section comprise the Exempt Service and are the management level, supervisory and confidential staff of the Mayor's Office, the Department of Law, the Clerk of Council Office, the Department of Human Resources, the Department of Finance, and other City Departments and Divisions.

                        Employees working in these classifications are excluded from representation by any bargaining agent.

                        The management level, supervisory and confidential classifications presently included in the exempt group are as follows:

 

   (a)   Administrative Salary Groups 1 through 15 (A-1 through A-15)

      CLASSIFICATION                                             SALARY GROUP

      Administrative Analyst 1                                             10

      Administrative Analyst 2                                             11

      Administrative Analyst 3                                             12

      Administrative Analyst 4                                             13

      Administrative Assistant                                                               9

      Administrative Assistant to the Mayor                        14

      Administrative Secretary                                             7

      Administrative Services Officer 1                        11

      Administrative Services Officer 2                        14

      Administrative Specialist 1                                             8

      Administrative Specialist 2                                             9

      Administrative Specialist 3                                             10

      Administrative Technician 1                                             6

      Administrative Technician 2                                             8

      Administrator-Administrative Services 1   13

      Administrator-Administrative Services 2   14

      Administrator-Administrative Services 3 15

      Administrator-Public Services 1                        13

      Administrator-Public Services 2                        15

      Chief, Bargaining and Representation                      14

      Clerk 1                                                                                                            3

      Clerk 2                                                                                                            4

      Clerk 3                                                                                                            5

      Clerk 4                                                                                                            6

      Mayor's Assistant 1                                                                 4

      Mayor's Assistant 2                                                                  9

      Public Services Officer 1                                             11

      Public Services Officer 2                                             12

      Public Services Officer 3                                             13

      Registrar-Vital Statistics                                             9

      Secretary 1                                                                                       4

      Secretary 2                                                                                    6

      Supervisor-Public Health Nursing                        12

   (b)   Salary Groups E-1 through E-4

      CLASSIFICATION                                             SALARY GROUP

      Assistant Chief Operating Officer                        E-4

      Assistant City Auditor                                                                  E-1

      Assistant Clerk of Council                                             E-2

      Chief of Staff                                                                                       E-4

      Chief Operating Officer/Director of Public Safety   E-4

      Chief-Public Health Dentistry                                             E-2

      City Auditor                                                                                       E-2

      Clerk of Council                                                                                       E-4

      Commissioner-Administrative Services   E-2

      Commissioner-Public Services                                             E-2

      Director-Administrative Services                        E-4

      Director-Public Services                                             E-4

      Director-Toledo-Lucas County Plan Commissions   E-4

      Director-Office of Diversity and Inclusion   E-4

      Executive Fire Officer/Assistant Chief                        E-3

      Manager-Administrative Services                        E-1

      Manager-Legislative Operations                        E-1

      Manager-Public Services                                             E-1

      Mayor's Executive Assistant                                             E-4

      Public Information Coordinator                                             E-1

   (c)   Police and Fire Deputy Chiefs Group

      CLASSIFICATION                                             SALARY GROUP

      Fire Deputy Chief-Pro Tem                                             84

      Police Deputy Chief-Pro Tem                                             94

   (d)   Salary Groups L-1 through L-4

      CLASSIFICATION                                             SALARY GROUP

      Attorney                                                                                                            L-1

      Chief-Legal Section                                                                  L-3

      Deputy Chief Prosecutor                                             L-2

      General Counsel                                                                                       L-4

      Senior Attorney                                                                                       L-2

   (e)  The classifications listed in this chapter are assigned to the salary group shown opposite the classification.  Employees in classifications listed herein shall be paid in the salary group to which the classification is assigned in accordance with the annual salary as set forth in Sections 2101.58, 2101.70 and 2101.74 (Base Annual Salaries).

 

is hereby repealed.

 

SECTION 2. That a new Toledo Municipal Code Section 2101.01 is enacted as follows:

 

The employees working in classifications listed in this section comprise the Exempt Service and are the management level, supervisory and confidential staff of the Mayor's Office, the Department of Law, the Clerk of Council Office, the Department of Human Resources, the Department of Finance, and other City Departments and Divisions.

                        Employees working in these classifications are excluded from representation by any bargaining agent.

                        The management level, supervisory and confidential classifications presently included in the exempt group are as follows:

 

   (a)   Administrative Salary Groups 1 through 15 (A-1 through A-15)

      CLASSIFICATION                                             SALARY GROUP

      Administrative Analyst 1                                             10

      Administrative Analyst 2                                             11

      Administrative Analyst 3                                             12

      Administrative Analyst 4                                             13

      Administrative Assistant                                                               9

      Administrative Assistant to the Mayor                        14

      Administrative Secretary                                             7

      Administrative Services Officer 1                        11

      Administrative Services Officer 2                        14

      Administrative Specialist 1                                             8

      Administrative Specialist 2                                             9

      Administrative Specialist 3                                             10

      Administrative Technician 1                                             6

      Administrative Technician 2                                             8

      Administrator-Administrative Services 1   13

      Administrator-Administrative Services 2   14

      Administrator-Administrative Services 3 15

      Administrator-Public Services 1                        13

      Administrator-Public Services 2                        15

      Chief, Bargaining and Representation                      14

      Clerk 1                                                                                                            3

      Clerk 2                                                                                                            4

      Clerk 3                                                                                                            5

      Clerk 4                                                                                                            6

      Mayor's Assistant 1                                                                 4

      Mayor's Assistant 2                                                                  9

      Public Services Officer 1                                             11

      Public Services Officer 2                                             12

      Public Services Officer 3                                             13

      Registrar-Vital Statistics                                             9

      Secretary 1                                                                                       4

      Secretary 2                                                                                    6

      Supervisor-Public Health Nursing                        12

   (b)   Salary Groups E-1 through E-5

      CLASSIFICATION                                             SALARY GROUP

      Assistant Chief Operating Officer                        E-5

      Assistant City Auditor                                                                  E-1

      Assistant Clerk of Council                                             E-2

      Chief of Staff                                                                                       E-5

      Chief Operating Officer/Director of Public Safety   E-5

      Chief-Public Health Dentistry                                             E-2

      City Auditor                                                                                       E-2

      Clerk of Council                                                                                       E-4

      Commissioner-Administrative Services   E-2

      Commissioner-Public Services                                             E-2

      Deputy Director                                                                                    E-3

      Director-Administrative Services                        E-4

      Director-Public Services                                             E-4

      Director-Toledo-Lucas County Plan Commissions   E-4

      Director-Office of Diversity and Inclusion   E-4

      Executive Fire Officer/Assistant Chief                        E-3

      Manager-Administrative Services                        E-1

      Manager-Legislative Operations                        E-1

      Manager-Public Services                                             E-1

      Mayor's Executive Assistant                                             E-4

      Public Information Coordinator                                             E-1

   (c)   Police and Fire Deputy Chiefs Group

      CLASSIFICATION                                             SALARY GROUP

      Fire Deputy Chief-Pro Tem                                             84

      Police Deputy Chief-Pro Tem                                             94

   (d)   Salary Groups L-1 through L-4

      CLASSIFICATION                                             SALARY GROUP

      Attorney                                                                                                            L-1

      Chief-Legal Section                                                                  L-3

      Deputy Chief Prosecutor                                             L-2

      General Counsel                                                                                       L-4

      Senior Attorney                                                                                       L-2

   (e)  The classifications listed in this chapter are assigned to the salary group shown opposite the classification.  Employees in classifications listed herein shall be paid in the salary group to which the classification is assigned in accordance with the annual salary as set forth in Sections 2101.58, 2101.70 and 2101.74 (Base Annual Salaries).

 

SECTION 3. That Toledo Municipal Code Section 2101.74 which states as follows:

 

2101.74 Base Annual Salaries - Executive Group.

   (a)   The following base annual salaries for groups E-1 through E-4 are effective on and after January 1, 1998:

 

SALARY GROUP

ANNUAL MINIMUM RATE

MAXIMUM RATE

E-1

$48,500

$68,500

E-2

$52,000

$77,500

E-3

$54,000

$80,000

E-4

$60,500

$92,500

(b)   The following base annual salaries for groups E-1 through E-4 are effective following the passage of Ord. 279-14 [passed 9-9-14]:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

E-1

$60,625

$85,625

E-2

$65,000

$96,875

E-3

$67,500

$100,000

E-4

$75,625

$115,625

   The annual minimum rate and the annual maximum rate for salary groups E-1, E-2, E-3 and E-4 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase.

   (c)   Effective on and after January 1, 1998, the salary range for groups L-1 through L-4 shall be as follows:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

L-1

$28,500

$55,000

L-2

$46,000

$79,500

L-3

$55,000

$80,000

L-4

$57,000

$84,000

 

   (d)   Effective following the passage of Ord. 279-14 [passed 9-9-14], the salary range for groups L-1 through L-4 shall be as follows:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

L-1

$35,625

$68,750

L-2

$57,500

$99,375

L-3

$68,750

$100,000

L-4

$71,250

$105,000

 

   The annual minimum rate and the annual maximum rate for salary groups L-1, L-2, L-3 and L-4 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase.

   (e)   Salary ranges shall be reviewed periodically to determine the market average for like level positions based upon a salary survey for such comparable positions.  Recommendations to adjust the ranges may be presented to City Council.

   (f)   Base annual salaries for Directors and Executive Group members of the Mayor's staff shall be set by the Mayor within the range of the employee's designated Salary Group.  Base annual salaries for Commissioners and Managers shall be set by respective Directors within the range of the employee's designated Salary Group, subject to the approval of the Mayor.  Base annual salaries for the L group shall be set by the Director of Law within the range of the L-1 through L-4 employees, subject to the approval of the Mayor.  Base annual salaries for Executive Directors shall be set by their respective boards or commissions within the range of the employee's designated Salary Group, subject to the approval of their Appointing Authority.  The base annual salary for the Clerk of Council, the Director of the Plan Commission and the City Auditor shall be set by City Council within the designated salary range.

   Adjustments in base annual salaries beyond the minimum for the range shall be in accordance with the following principles and guidelines:

      1.   In setting employee salary within the executive exempt groups, consideration shall be given to any significant market disparity for different positions.

      2.   Merit-based increases shall only be provided upon review of information obtained via objective performance reviews or other established criteria. The amount of any increase shall be determined at the discretion of the Mayor, or in the case of the L group, by the Director of Law subject to approval by the Mayor, where it is determined that such an increase is in the best interest of the City of Toledo, based upon review of objective information presented. Criteria that should be considered includes length or frequency of outstanding performance; regularity with which outstanding performance or unique contribution is demonstrated; overall significance or importance of the employee's work product to his/her department; whether the employee has new permanent job duties and/or responsibilities of importance to his/her department; and whether the employee has acquired additional competencies, which are critical in carrying out the functions of the classification.

      3.   Special circumstances may justify deviating from these guidelines in specific cases. Special circumstances shall include consideration of any special education, certification, or licensure that increases the employee's value to the City.

   (g)   Longevity Pay:

   Effective the first full pay period in September of 1995, any employee in salary groups E-1 through E-4, and L-1 through L-4, who became employed by the City prior to July 1, 1982 and who therefore has received longevity pay, shall no longer receive longevity as a separately itemized payment.  Such employee's longevity pay shall be incorporated into the employee's base annual salary by multiplying the longevity annual base rate by the appropriate percentage and including the result in the annual salary.  Longevity pay shall be added to the employee's base annual salary based upon the employee's present longevity base rate or the rate as listed below if it is greater.

   An employee promoted to the executive group after the first full pay period in September of 1995 who has been receiving longevity pay, shall have that pay incorporated into his or her base annual salary using this same methodology.  The employee shall only have the amount of longevity pay from their permanent position prior to the promotion added to their new base annual salary.

   Once longevity pay has been incorporated into an employee's base annual salary, the employee will not receive further automatic increases once the next plateaus of years of service for longevity pay purposes are reached.

 

LONGEVITY BASE RATES

 

SALARY GROUP

ANNUAL RATE

 

L-1

$18,570.24

L-2

23,720.32

L-3

24,639.68

L-4

25,091.04

E-1

23,720.32

E-2

25,091.04

E-3

26,530.40

E-4

27,541.28

 

LONGEVITY FACTOR

 

CALENDAR YEARS OF CONTINUOUS SERVICE

PERCENT OF LONGEVITY BASE WAGE

AFTER  5 YEARS

2%

AFTER 10 YEARS

4%

AFTER 15 YEARS

6%

AFTER 20 YEARS

8%

(Ord. 279-14. Passed 9-9-14.)

 

is hereby repealed.

 

SECTION 4. That a new Toledo Municipal Code Section 2101.74 is enacted as follows:

 

2101.74 Base Annual Salaries - Executive Group.

   (a)   The following base annual salaries for groups E-1 through E-4 are effective on and after January 1, 1998:

 

SALARY GROUP

ANNUAL MINIMUM RATE

MAXIMUM RATE

E-1

$48,500

$68,500

E-2

$52,000

$77,500

E-3

$54,000

$80,000

E-4

$60,500

$92,500

 

(b)   The following base annual salaries for groups E-1 through E-4 are effective following the passage of Ord. 279-14 [passed 9-9-14]:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

E-1

$60,625

$85,625

E-2

$65,000

$96,875

E-3

$67,500

$100,000

E-4

$75,625

$115,625

   The annual minimum rate and the annual maximum rate for salary groups E-1, E-2, E-3 and E-4 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase.

 

(c)The following base annual salaries for groups E-1 through E-5 are effective following the passage of this ordinance:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

E-1

$63,399

$89,543

E-2

$67,974

$101,308

E-3

$70,588

$115,000

E-4

$79,085

$130,000

E-5

$90,000

$150,000

   The annual minimum rate and the annual maximum rate for salary groups E-1, E-2, E-3, E-4 and E-5 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase.

 

   (d)   Effective on and after January 1, 1998, the salary range for groups L-1 through L-4 shall be as follows:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

L-1

$28,500

$55,000

L-2

$46,000

$79,500

L-3

$55,000

$80,000

L-4

$57,000

$84,000

 

   (e)   Effective following the passage of Ord. 279-14 [passed 9-9-14], the salary range for groups L-1 through L-4 shall be as follows:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

L-1

$35,625

$68,750

L-2

$57,500

$99,375

L-3

$68,750

$100,000

L-4

$71,250

$105,000

 

   The annual minimum rate and the annual maximum rate for salary groups L-1, L-2, L-3 and L-4 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase.

 

(f) The following base annual salaries for groups L-1 through L-4 are effective following the passage of this ordinance:

 

SALARY GROUPANNUAL MINIMUM RATEMAXIMUM RATE

 

 

L-1

$50,000

$90,000

L-2

$65,000

$115,000

L-3

$85,000

$122,000

L-4

$95,000

$130,000

The annual minimum rate and the annual maximum rate for salary groups L-1, L-2, L-3 and L-4 will increase by the same percentage, effective the same date of the applicable AFSCME Local 2058 wage increase.

 

   (g)   Salary ranges shall be reviewed periodically to determine the market average for like level positions based upon a salary survey for such comparable positions.  Recommendations to adjust the ranges may be presented to City Council.

   (h)   Base annual salaries for Directors and Executive Group members of the Mayor's staff shall be set by the Mayor within the range of the employee's designated Salary Group.  Base annual salaries for Commissioners and Managers shall be set by respective Directors within the range of the employee's designated Salary Group, subject to the approval of the Mayor.  Base annual salaries for the L group shall be set by the Director of Law within the range of the L-1 through L-4 employees, subject to the approval of the Mayor.  Base annual salaries for Executive Directors shall be set by their respective boards or commissions within the range of the employee's designated Salary Group, subject to the approval of their Appointing Authority.  The base annual salary for the Clerk of Council, the Director of the Plan Commission and the City Auditor shall be set by City Council within the designated salary range.

   Adjustments in base annual salaries beyond the minimum for the range shall be in accordance with the following principles and guidelines:

      1.   In setting employee salary within the executive exempt groups, consideration shall be given to any significant market disparity for different positions.

      2.   Merit-based increases shall only be provided upon review of information obtained via objective performance reviews or other established criteria. The amount of any increase shall be determined at the discretion of the Mayor, or in the case of the L group, by the Director of Law subject to approval by the Mayor, where it is determined that such an increase is in the best interest of the City of Toledo, based upon review of objective information presented. Criteria that should be considered includes length or frequency of outstanding performance; regularity with which outstanding performance or unique contribution is demonstrated; overall significance or importance of the employee's work product to his/her department; whether the employee has new permanent job duties and/or responsibilities of importance to his/her department; and whether the employee has acquired additional competencies, which are critical in carrying out the functions of the classification.

      3.   Special circumstances may justify deviating from these guidelines in specific cases. Special circumstances shall include consideration of any special education, certification, or licensure that increases the employee's value to the City.

   (i)   Longevity Pay:

   Effective the first full pay period in September of 1995, any employee in salary groups E-1 through E-5, and L-1 through L-4, who became employed by the City prior to July 1, 1982 and who therefore has received longevity pay, shall no longer receive longevity as a separately itemized payment.  Such employee's longevity pay shall be incorporated into the employee's base annual salary by multiplying the longevity annual base rate by the appropriate percentage and including the result in the annual salary.  Longevity pay shall be added to the employee's base annual salary based upon the employee's present longevity base rate or the rate as listed below if it is greater.

   An employee promoted to the executive group after the first full pay period in September of 1995 who has been receiving longevity pay, shall have that pay incorporated into his or her base annual salary using this same methodology.  The employee shall only have the amount of longevity pay from their permanent position prior to the promotion added to their new base annual salary.

   Once longevity pay has been incorporated into an employee's base annual salary, the employee will not receive further automatic increases once the next plateaus of years of service for longevity pay purposes are reached.

 

LONGEVITY BASE RATES

 

SALARY GROUP

ANNUAL RATE

 

L-1

$18,570.24

L-2

23,720.32

L-3

24,639.68

L-4

25,091.04

E-1

23,720.32

E-2

25,091.04

E-3

26,530.40

E-4

27,541.28

 

LONGEVITY FACTOR

 

CALENDAR YEARS OF CONTINUOUS SERVICE

PERCENT OF LONGEVITY BASE WAGE

AFTER  5 YEARS

2%

AFTER 10 YEARS

4%

AFTER 15 YEARS

6%

AFTER 20 YEARS

8%

(Ord. 279-14. Passed 9-9-14.)

 

SECTION 5. This Ordinance is hereby declared to be an emergency measure and shall be in force and effect from and after its adoption. The reason for the emergency lay in the fact that same is necessary for the immediate preservation of public peace, health safety and property, and for the further reason said changes in the City's Classification Plan are immediately needed to effectively maintain the system.

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  ________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                         __________________________________

                            Clerk of Council                                                                President of Council

 

                     

Approved:  _____________________              __________________________________

                                                                                                                                                                          Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council _____________________.

 

 

Attest:  ________________________

                    Clerk of Council