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Home My WebLink About10/20/2009 19 Classification and Compensation Plan Amendment, YMC Ammendment to 2.20.110 Subsections A and G BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. f q For Meeting Of October 20, 2009 ITEM TITLE: Legislation Amending the Classification and Compensation Plan for Certain City Employees and Legislation Amending Subsections A and G of Section 2.20.110 of the City of Yakima Municipal Code SUBMITTED BY: Sheryl Smith, Human Resources , Manager and Kelley Olwell, Presiding Judge Municipal Court CONTACT PERSON /TELEPHONE: Sheryl M. Smith, x6090 SUMMARY EXPLANATION: The attached ordinance amends the Classification and Compensation Plan to implement an hourly rate of pay for Judge Pro Tem. Previously, Judge Pro Tems have been compensated as independent contractors. The City of Yakima was audited in 2007 and found to be out of compliance with worker's compensation regulations for some employees treated as independent contractors. Pro tems fall into that category. Additionally, in July, 2008, the Administrative Office of the Court notified all Washington State Courts that the IRS was directing that Pro Tems be treated as employees. For the reasons stated, it is necessary to establish a rate of pay to compensated Judge Pro Tems. • To comply with the IRS directive and the auditor's 2007 findings, it is recommended to compensate Judge Pro Tems at $69.00 per hour which is comparable to other municipalities in our area. Attached is a memorandum providing background information. Resolution Ordinance X Other (Specify) Memorandum Contract Mail to (name and address) Phone: Funding Source Municipal Court Operating Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Recommend approval. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: ro y 1 CITY OF YAKIMA MUNICIPAL COURT Y r • 200 South 3rd Street IY OF 3° K Yakima, Washington 98901 NW: * ` Phone (509) 575 -3050 • Fax (509) 575 -3020 OCT iy , � R PURAThi/ CreY MANAGER Judge w_ _..,._...-- Susan J. Woodard Judge Kelley C. Olwell Court Services Manager Linda S. Hagert October 6, 2009 TO: Yakima City Council Dick Zais, Yakima City Manager FROM: Kelley Olwell, Presiding Judge Yakima Municipal Cou RE: Request for Judge Pro Tem in Temporary Payline of Pay Ordinance • The City of Yakima was audited in 2007, and found to be out of compliance with worker's compensation for some employees. Pro tems, apparently, fall into that category. The HR Department notified YMC that pro tems need to be treated as employees to attain compliance with the auditor's findings. In addition, in July, 2008, the AOC notified all Washington State Courts that the IRS was directing that pro tems be treated as employees. Furthermore, after careful review of the exemptions that apply to independent contractors, I cannot find that YMC's current pro tems fall into any category which would qualify them as an exempt. Therefore, I am proposing that YMC begin . treating its pro tems as employees, so as to comply with the IRS directive and the auditor's 2007 findings. I further propose that this compensation be at a rate of $69.00 per hour, which is comparable to other municipalities in our area. I am requesting that the City create a temporary payline in the pay ordinance which categorizes pro tems as temporary employees at this proposed rate of hourly compensation so that the City can maintain compliance with the state auditor and IRS. Yakima blixf af, Rowan 11111► 994 ORDINANCE NO. 2009- AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective November 22, 2009; amending Subsections 2.20.110A and 2.20.11OG all of the City of Yakima Municipal Code. Section 1 . Subsection 2.20.110A of the City of Yakima Municipal Code is hereby amended to read as follows: "2.20.110 Compensation Plan. A. Pay ranges and pay steps, set out in the schedule constituting Subsection B through G of this section, for the classes allocated to these pay ranges shall be in full force and effect as of November 22, 2009. The pay rates shall constitute full compensation for those employees with a work week of forty hours as set out in other sections of this code. Employees whose work week is less than forty hours shall be paid at the rate which is in the same proportion to the rates set out herein that their work week bears to forty hours. The hourly rate for those employees of the Fire Department whose work week exceeds forty hours shall be computed according to the provisions of Section 2.22.030 of this code The performance of employees in the series designated Subsection B shall be evaluated annually in accordance with a management performance evaluation plan. The result of the performance evaluations shall be the determination by the City Manager of the actual salary of each employee in the designated positions, and the determination by the City Council of the actual salary of the City Manager, which actual salaries shall be no less than the minimum nor no greater than the maximum set out in the pay range applicable to the position, according to the following schedule:" Section 2 . Subsection 2.20.11 OG of the City of Yakima Municipal Code is hereby amended read as follows: G. Seasonal or Temporary Work Classes Steps Pay Class Class Title Code Code 1 2 3 914 9114 City Worker (Outsith HR 1/1/2009 8.55 8.83 9.71 914 9125 City Worker (Inside) HR 1/1/2009 8.55 8.83 9.71 915 9126 Temporary Refuse H HR 1/1/2006 10.01 10.94 11.95 941 9151 Judge Pro Tem HR 11/22/09 69.00 Section 3 . This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2009. Mayor ATTEST: City Clerk Publication Date Effective Date - -1 --