4.54.030 Salary range limitations.

No employee shall be paid at a rate lower than the minimum or higher than the maximum of the salary range established for the class to which his/her position has been allocated, except as otherwise provided in this chapter. To compute the monthly equivalent of a bi-weekly rate, the bi-weekly rate shall be multiplied by twenty-six (26) and divided by twelve (12). (Ord. 66401 § 3, 2004: prior: Ord. 64953 § 3, 2000: Ord. 64306 § 3, 1998: Ord. 63779 § 3, 1996.)

4.54.040 Starting salary.

A. The rate of pay for a position to be paid upon original appointment to the class shall be the minimum rate of pay as established by this chapter.

B. Except as otherwise provided in this chapter, the minimum rate of pay for a regular position shall be paid upon original appointment to the class unless the Chief Medical Examiner finds that it is difficult to secure the services of persons with minimum qualifications or experienced qualified persons at the minimum rate.

C. The Chief Medical Examiner may establish a recruitment rate for a single position or all positions in a class and authorize employment at an amount above the minimum but within the regular range of salary established for the class. When a recruitment rate is established for an entire class, employees in such class may have their salaries adjusted to appropriate rates in the new range resulting from the establishment of the recruitment rate.

In the event that the Medical Examiner finds that it is difficult to secure the services of sufficient numbers of employees for a class or occupational series after a diligent recruitment effort, the Chief Medical Examiner may establish a new maximum rate for the class(es) which is not more than twenty-five (25%) above the regular maximum established in this chapter. (Ord. 66401 § 4, 2004: prior: Ord. 64953 § 4, 2000: Ord. 64306 § 4, 1998: Ord. 63779 § 4, 1996.)

4.54.050 Promotion, demotion, reallocation, transfer and temporary promotion.

An employee who is transferred, promoted, demoted, or whose position is reallocated after the effective date of the ordinance codified in this chapter, shall have his/her rate of pay for the new position determined as follows:

A. Promotion. This shall be defined as a change of an employee from a position of one class to a position of another class with a higher pay grade or a higher starting minimum salary.

1. When an employee is promoted to a position in the General or Management Pay Schedule, the employee’s salary shall be set at a rate which is five percent (5%) higher than the rate received immediately prior to promotion. The Chief Medical Examiner may approve up to a twenty percent (20%) salary adjustment when such action is needed to attract experienced, qualified candidates for a position. Such salary determination shall take into consideration the nature and magnitude of the accretion of duties and responsibilities resulting from the promotion. However, no employee shall be paid neither less than the minimum rate nor more than the maximum rate for the new class of position, except as otherwise provided in this chapter.

2. Temporary Promotions. Promotions of Medical Examiner employees whose salary ranges are established in Section 4.54.020(A), regardless of status, made for a limited duration, shall result in a salary adjustment as in subsection (A)(1) of this section. Upon expiration of the temporary promotion, the employee shall be returned to his/her former rate of pay, adjusted by any increases the employee may have received in the absence of the temporary promotion. In no case shall the employee’s salary be above the maximum of the salary range.

B. Demotion. This shall be defined as a change of an employee from a position of one class to a position of another class which has a lower pay grade and a lower starting minimum salary.

1. If an employee is demoted for disciplinary reasons his/her rate of pay shall be established at a rate within the range for the new position to be determined by the Chief Medical Examiner.

2. If an employee accepts a voluntary demotion, his/her rate of pay shall be reduced to a rate within the range for the new position which is five percent (5%) lower than the rate received immediately prior to demotion. No employee shall be paid less than the minimum nor more than the maximum rate for the new class of position, except as otherwise provided in this chapter.

3. If an employee is demoted to his/her previous position because of failing to complete the working test period, the employee’s pay shall be adjusted to a rate in the pay range for the previous position to be determined by the Chief Medical Examiner.

4. When an employee is demoted for reasons in the best interest of the City Medical Examiner Service as determined by the Chief Medical Examiner, his/her salary shall not be reduced by reason of the new salary range and grade. If the salary of such employee is above the maximum for the new position, the employee’s salary shall not be increased so long as he or she remains in the position, except as otherwise provided by this chapter.

C. Reallocation.

1. The salary of an employee, which is in excess of the maximum of the range prescribed by this chapter for the class and grade to which his/her position has been allocated or may be reallocated, shall not be reduced by reason of the new salary range and grade. The salary of such employee shall not be increased so long as he or she remains in the class of position, except as otherwise provided by this chapter.

2. If the employee’s position is reallocated to a class in a lower pay grade and the rate of pay for the previous position is within the salary range of the new position, his/ her salary shall remain unchanged.

3. The salary of an employee whose position is allocated to a class in a higher pay grade shall be determined in accordance with the provisions of this section relating to salary advancement on promotion.

D. Transfer. The salary rate of an employee who transfers to a different position in the same class, or from a position in one class to a position in another class in the same pay grade, shall remain unchanged, provided that no employee shall be paid less than the minimum rate nor more than the maximum rate for the new class of position, except as otherwise provided in this chapter. (Ord. 66401 § 5, 2004: prior: Ord. 64953 § 5, 2000: Ord. 64306 § 5, 1998: Ord. 63779 § 5, 1996.)

4.54.060 Salary adjustment.

Salary adjustments for all employees in Medical Examiner positions shall be based on considerations of merit or success in fulfilling predetermined goals and objectives as herein provided.

A. Positions for Which Salary is Established in Section 4.54.020(A).

1. Any employee whose salary is established in the general pay schedule shall receive a service rating in accordance with the City’s service rating manual. Any employee whose salary is established in the management pay schedule shall receive a rating in accordance with the City’s management performance appraisal manual.

2. Any employee in a Medical Examiner position whose salary is established in Section 4.54.020(A) and whose services fail to meet the standards of performance who receives an overall rating of "unsatisfactory" as defined by the service rating manual or the management performance appraisal manual, shall have his/her salary reduced as determined by the standards established in the applicable rating manual.

B. For purposes of computing anniversary dates, the anniversary date shall be the date following fifty-two (52) weeks of continuous service from the date of original appointment or from the date of the last salary adjustment, if other than a temporary reduction in pay for disciplinary reasons, a demotion or an across-the-board ordinance increase, an increase resulting from an authorized incentive program, or an upgrade of the classification concurrent with adoption of the ordinance. Absence from service as a result of any authorized paid leave, suspensions, military leave, or family/medical leave will not interrupt continuous service. Absence from service for any other cause shall result in breaking continuity of service and establishment of a new anniversary date.

C. The Medical Examiner may evaluate the performance of an employee whose salary is established in Section 4.54.020(A) of this chapter for the purpose of a salary adjustment only at intervals as described above except in the case of:

1. Exceptional Performance of Duties. The section supervisor of an employee who demonstrates exceptional performance of duties or outstanding qualifications may, with the approval of the Chief Medical Examiner, advance the employee by not more than ten percent (10%) after twenty-six (26) weeks of employment at the same rate in the salary range, which may be in addition to any merit increase received.

2. Substandard Performance of Duties. The section supervisor of an employee whose level of performance is significantly diminished and no longer warrants payment at the current rate within the range may be decreased to a lower rate in the salary range in accordance with the provisions of the applicable service rating manual.

The granting of any such decrease in salary shall be made at the beginning of a payroll period, as determined by the Chief Medical Examiner, following approval of such salary action.

D. The Medical Examiner may establish procedures for the review and approval of within-range salary adjustments to correct or mitigate serious and demonstrable internal pay inequities. Salary adjustments under this provision shall preclude adjustments to compensate or reward employees for long-term or meritorious service.

The Medical Examiner may approve a within-range salary adjustment in any whole dollar increment up to ten percent (10%) of an employee’s bi-weekly base.

E. The pay of any employee may be decreased as a disciplinary action by a section supervisor to a lower rate within a salary range. Any such decrease shall be made in accordance with the Medical Examiner’s policies and procedures and established disciplinary procedures. The decrease shall not be greater than fifteen percent (15%) of the current salary rate. In no case shall the decrease be below the minimum of the pay range for the class. The Medical Examiner may determine that the pay decrease shall be effective for a specific number of bi-weekly pay periods, providing, however, that such decrease shall not be effective for more than twenty-six (26) weeks.

F. An employee who is temporarily promoted shall be eligible for within-range salary adjustments under provisions of this section.

G. The Medical Examiner may approve a within range salary adjustment up to ten percent (10%) or other incentives to retain employees in positions that are difficult to fill, or because of their unique requirements. Said adjustment may only be granted once during a twenty-six (26) week period. (Ord. 66401 § 6, 2004: prior: Ord. 64953 § 6, 2000: Ord. 64306 § 6, 1998: Ord. 63779 § 6, 1996.)

4.54.070 Income sources.

Any salary paid to a Medical Examiner employee shall represent the total remuneration for the employee, excepting reimbursement for official travel and other payments specifically authorized by ordinance. No employee shall receive remuneration from the City in addition to the salary authorized in this chapter for services rendered by the employee in the discharge of the employee’s ordinary duties, of additional duties which may be imposed upon the employee, or of duties which the employee may undertake or volunteer to perform.

Whenever an employee not on an approved, paid leave works for a period less than the regularly established number of hours a day, days a week or days bi-weekly, the amount paid shall be proportionate to the hours in the employee’s normal work week and the bi-weekly rate for the employee’s position. The payment of a separate salary for actual hours worked from two or more departments, divisions or other units of the City for duties performed for each of such agencies is permissible if the total salary received from these agencies is not in excess of the maximum rate of pay for the class. (Ord. 66401 § 7, 2004: prior: Ord. 64953 § 7, 2000: Ord. 64306 § 7, 1998: Ord. 63779 § 7, 1996.)

4.54.080 Conversion.

A. All pay schedules in Section 4.54.020(A)(1) shall continue in effect until the beginning of the pay period starting June 12, 2005, after which time the rates to be paid to employees in positions of any class for which a rate is established or changed in Section 4.54.020(A)(2) shall become effective and be adjusted as follows:

1. The salary of each employee whose pay range is established in Section 4.54.020(A)(1) and whose class title remains unchanged or whose class title is changed to better describe his/her position, without a substantial revision in the class of position shall remain the same.

2. The salary of each employee whose pay range is established in Section 4.54.020(A)(2) and whose class title remains unchanged or whose class title is changed to better describe his/her position, without a substantial revision in the class of position shall have their current salary increased by a factor of two percent (2.0%), rounded to the nearest whole dollar or the minimum of the salary range, whichever is higher. This provision shall not apply to employees whose rate is deemed to be above the new maximum of the range as a result of demotion or reallocation.

3. The salary of each employee whose pay range is established in Section 4.54.020(A)(2) and whose class has been allocated to a higher pay grade in the appropriate pay schedule, as determined by the Medical Examiner, shall have their current salary increased to a rate, rounded to the nearest whole dollar, which provides a two percent (2.0%) increase in addition to a five percent (5%) adjustment in accordance with Section 4.54.060(A)(1), but not less than the minimum of the pay range.

B. No employee shall be reduced in salary by reason of the adoption of the new pay schedules in this chapter.

C. The Chief Medical Examiner, may establish a special conversion procedure for a class or position in the event he determines that a serious inequity would be created by the application of the conversion procedures established in this section. (Ord. 66401 § 8, 2004: prior: Ord. 64953 § 8, 2000: Ord. 64306 § 8, 1998: Ord. 63779 § 8, 1996.)

4.54.090 Payment of salaries.

All compensation for positions in the Medical Examiner service shall be paid bi-weekly. The Chief Medical Examiner with the Comptroller shall establish the procedure for listing employees on the various payrolls. The payment due each employee for service, except as otherwise provided, shall be made not later than sixteen (16) days after the end of the bi-weekly pay period. In the event that an employee is dismissed or has been employed for occasional or emergency work, the Comptroller may immediately pay the employee upon termination of service without waiting for the regular bi-weekly pay date of the Medical Examiner’s Office. (Ord. 66401 § 9, 2004: prior: Ord. 64953 § 9, 2000: Ord. 64306 § 9, 1998: Ord. 63779 § 9, 1996.)

4.54.100 Changes to classification plan.

Whenever the Chief Medical Examiner finds it necessary to add a new class to the classification plan, the Chief Medical Examiner shall allocate the class to an appropriate grade and schedule in this chapter, and notify the Board of Aldermen of this action.

Whenever the Chief Medical Examiner finds it necessary to change the pay schedule of an existing class within the classification plan, the Chief Medical Examiner shall allocate the class to the appropriate schedule in this chapter and notify the Board of Aldermen of this action.

The pay grade allocated to a class of position within the classification plan shall remain unchanged for the duration of the existing ordinance. Whenever the Chief Medical Examiner considers it necessary to change the pay grade of an established class of position, such adjustment can only be made concurrent with the adoption of a new compensation ordinance. Recommendation for the allocation of a new pay grade shall be made by the Chief Medical Examiner for final approval by the Board of Aldermen, and shall become effective upon approval of the compensation ordinance by the Mayor. (Ord. 66401 § 10, 2004: prior: Ord. 64953 § 10, 2000: Ord. 64306 § 10, 1998: Ord. 63779 § 10, 1996.)

4.54.105 Payroll forms.

The Comptroller shall not authorize any change in the rate of pay of an individual on the payroll unless approved by the Chief Medical Examiner. The Comptroller shall provide the Chief Medical Examiner with a copy of each payroll audited and found correct within twenty-one (21) days after audit and approval of the payroll by the Comptroller’s Office. (Ord. 66401 § 11, 2004: prior: Ord. 64953 § 11, 2000.)

4.54.110 Certification of payroll.

The Chief Medical Examiner shall certify on each payroll or a subsidiary document that each person whose name appears on the payroll has been lawfully appointed at a salary provided by this chapter and that the employee has actually worked the time for which he or she will be paid, subject to the provisions of this chapter governing hours of work and leaves of absence in the Medical Examiner’s Office. (Ord. 66401 § 12, 2004: prior: Ord. 64953 § 12, 2000: Ord. 64306 § 11, 1998: Ord. 63779 § 11, 1996.)

4.54.120 Overtime.

A. The Medical Examiner shall determine, in accordance with the standards established by the Department of Labor pursuant to the Fair Labor Standards Act (FLSA) of 1938, as amended, those positions in the Medical Examiner’s Office of the City of St. Louis which are exempt under provisions of the FLSA, and those positions which are non-exempt from the overtime provisions of the FLSA. The overtime codes established for each class in Section 4.54.010(A) of this chapter shall be interpreted as follows:

Overtime Code

1. These classes are primarily managerial in nature, but may also include some professional or administrative classes, exempt from the provisions of the FLSA, and ineligible for overtime pay under all but emergency conditions as described in subsection (D) of this section.

2. These are supervisory, professional, and administrative classes which are exempt from the provisions of the FLSA but which are compensated for overtime at the straight (1.0´ ) time rate.

3. These classes are covered by the provisions of the FLSA (i.e., non-exempt) and, therefore, receive overtime compensation at the one and one-half (1.5´ ) time rate.

Any employee in a class which has been allocated to Overtime Code 3 (non-exempt) in this chapter shall be compensated for overtime work in accordance with the provisions of the Fair Labor Standards Act and provisions of this section. Each section within the department shall designate and submit to the Medical Examiner the official work week and schedule or work cycle for all non-exempt positions in the work unit. Whenever an Overtime Code 3 employee works hours in excess of the maximum established for an official work week or work cycle under the provisions of FLSA (usually forty (40) hours in a workweek), such hours shall be paid at the one-and-one-half time (1.5x) rate. In addition to the actual hours worked, authorized paid time off (vacation, sick leave, compensatory time, and holidays) shall count as hours worked for the purpose of determining eligibility for overtime compensation.

The Chief Medical Examiner is prohibited from changing employee work schedules to avoid the payment of overtime.

For purposes of determining overtime pay rates for non-exempt employees, the regular hourly rate of pay shall be calculated in accordance with the provisions of the FLSA.

B. Any employee in a class which has been allocated to Overtime Code 2 in Section 4.54.010(A) of this chapter shall be compensated for overtime by granting the employee pay or compensatory time off at the straight (1.0x) time rate. Each section supervisor shall designate and submit to the Chief Medical Examiner the official workweek or work cycles for all exempt (Code 2) positions in the work unit. Whenever a full-time employee in an exempt (Code 2) position is directed by a section supervisor, with the approval of management, to work hours in excess of the maximum established for an official work week or work cycle under the provisions of FLSA (usually 40 hours in a work week), such hours shall be considered overtime. In addition to the actual hours worked, authorized paid time off (vacation, sick leave, compensatory time, and holidays) shall count as hours worked for the purpose of determining eligibility for overtime compensation. Straight time (1.0x) overtime shall be compensated at the employee’s regular hourly rate of pay, or by granting the eligible employee compensatory time off at the rate of one hour for each hour of overtime worked. The regular hourly rate of pay for an exempt (Code 2) bi-weekly paid employee shall be determined by dividing the employee’s regular bi-weekly rate of pay by the average number of regularly scheduled hours of work in a bi-weekly pay period.

C. Part-time bi-weekly paid employees and employees paid on an hourly or per performance basis shall be compensated for overtime work in accordance with the overtime provisions of this section and with consideration for community practices in compensating similar employment.

D. The Chief Medical Examiner may compensate Overtime Code 1 employees at the straight-time (1.0x) rate, when both of the following conditions exist: (1) the Mayor of the City of St. Louis declares an emergency due to serious and protracted conditions which threaten continuous City service, preservation of public peace, health, or safety; and (2) the Chief Medical Examiner directs an employee or group of employees to work in excess of forty (40) hours per week. The section supervisor(s) shall maintain attendance records of the assignment(s) and submit such records at the request of the Chief Medical Examiner.

E. Pay shall be the regular method of compensation for recorded overtime hours of work for employees in classes with Overtime Code 3. The Chief Medical Examiner may compensate a non-exempt bi-weekly paid employee for overtime work by granting the employee compensatory time off in lieu of pay only if the employee requests compensatory time.

All employees employed in the Medical Examiner’s Office are allowed a maximum balance of one hundred twenty (120) hours of compensatory time. No provision of this section establishing a maximum balance of compensatory time shall serve to cancel any compensatory time due to an employee or to deny an employee payment for recorded compensatory time earned in accordance with the provisions of the compensation ordinance in effect at the time the compensatory time was earned.

Each section supervisor shall establish procedures to assure that non-exempt employees are promptly granted time off when such employees request to use their earned compensatory time. They may not deny non-exempt employees’ requests for earned compensatory time off except when such approval would create an extreme business hardship. When a section supervisor determines that the work schedule of the organization will not permit the granting of such time off, the section supervisor may authorize to pay the employee for all or a portion of the employee’s accrued compensatory time. This provision requiring the prompt granting of requested time off applies only to compensatory time that is earned as a result of the employee working overtime; it does not apply to compensatory time earned as a result of an incentive program or bonus award program.

Compensatory time earned by exempt employees shall be granted to an employee at the discretion of the section supervisor in one of the following ways: (1) on request of the employee; (2) on termination of services with the City.

F. Under provisions of the FLSA, and under conditions further outlined herein, the Chief Medical Examiner is prohibited from imposing disciplinary reductions in pay; or from authorizing disciplinary suspensions without pay (of less than one (1) week) for exempt employees (Overtime Code 1 and 2) for reasons other than serious safety rules violations.

G. Before an employee is transferred from the Medical Examiner’s Office to another City Office all compensatory time shall be granted or paid. Upon the death of an employee, the person or persons entitled by law to receive any compensation due to the employee shall be paid any amount due to the employee on the date of death.

H. The Medical Examiner shall keep daily attendance records of all employees reflecting the following: (1) unexcused absences and leaves; (2) report of overtime earned, granted, and paid; or (3) the nonoccurrence of it. (Ord. 66401 § 13, 2004: prior: Ord. 64953 § 13, 2000: Ord. 64306 § 12, 1998: Ord. 63779 § 12, 1996.)

4.54.130 Holidays.

A. Employees working full-time who are paid on a bi-weekly basis shall be entitled to leave with pay, pay, or compensatory time off in lieu of pay or paid leave for regularly scheduled work on the following days:

Date	Holiday
January 1	New Year’s Day
Third Monday in January	Rev. Martin Luther King Jr. Day
Third Monday in February	Presidents’ Day
Last Monday in May	Memorial Day
July 4	Independence Day
First Monday in September	Labor Day
November 11	Veterans’ Day
Fourth Thursday in November	Thanksgiving Day
Day After Thanksgiving	Day After Thanksgiving
December 25	Christmas Day

In addition to the above enumerated holidays, full-time employees shall be entitled to leave with pay, pay, or compensatory time off in lieu of pay or paid leave as established by this section on any day declared to be a holiday by proclamation of the Mayor after such day has been declared to be a holiday by the Governor of the State of Missouri or the President of the United States.

Employees working full-time and paid a bi-weekly rate whose pay is established in Section 4.54.020(A) shall receive leave with pay, pay or compensatory time off in lieu of pay as holiday compensation in an amount that is proportionate to the number of hours the employee is regularly scheduled to work in a day or shift. For example: employees working an average of forty (40) hours a week, five (5) days a week, eight (8) hours a day shall receive eight (8) hours of compensation for the holiday; employees working an average of forty (40) hours a week, four (4) days a week, ten (10) hours a day shall receive ten (10) hours of compensation for the holiday.

When state or federal law changes the day of observance of a holiday, it will be so observed by the City of St. Louis. When state or federal executive action changes the day of observance of a holiday, the Mayor shall determine the day of observance by the City of St. Louis. When one of the above-enumerated holidays occurs on Sunday, the following Monday shall be observed as the holiday. When one of the above holidays occurs on Saturday, the preceding Friday shall be observed as the holiday.

B. Each section supervisor shall determine the manner of granting holidays and shall report his/her determination to the Chief Medical Examiner, if required by the Chief Medical Examiner. When full-time employees are required to work on a holiday, they shall be entitled to compensation for the holiday and the hours actually worked. Compensation for the holiday shall be in an amount proportionate to the number of hours an employee is regularly scheduled to work in a day or shift.

Except as otherwise provided in this section, when a City holiday falls on an employee’s regularly scheduled day off, the employee shall be entitled to have compensatory time added to his/her balance in an amount proportionate to the number of hours regularly scheduled in a day or shift.

If an employee is docked from the payroll for one hour or less on the full scheduled workday preceding a holiday, the full scheduled workday following a holiday or on a scheduled holiday, the employee shall be compensated for the holiday. If an employee is docked from the payroll for more than one hour on the full scheduled workday preceding a holiday, the full scheduled workday following a holiday or on a scheduled holiday, the employee shall not be compensated for the holiday.

The holiday compensation procedures established by this section shall apply to full-time Medical Examiner employees paid a bi-weekly rate. Part-time bi-weekly paid employees shall be compensated for holidays in proportion to the percentage of time they are regularly scheduled to work. Employees paid on an hourly or per performance basis shall not be entitled to holiday compensation.

In the event that competent authority revises the holiday schedule established in this section, employees who are granted compensatory time in lieu of all holidays shall have their leave benefits adjusted accordingly.

C. Full-time employees whose pay is established in Section 4.54.020(A)(1) paid on a bi-weekly rate basis who are employed on the effective date of the ordinance codified in this chapter, shall have eight (8) hours of compensatory time added to their balance on that date. The additional compensatory time added to the balance of each employee shall be treated as a personal leave and shall be granted by the appointing authority in accordance with procedures for granting compensatory time. These eight (8) hours of compensatory time must be taken as paid-leave time and may not be granted as pay.

D. Full-time employees whose pay is established in Section 4.54.020(A)(2) of this ordinance paid on a bi-weekly rate basis who are employed on June 12, 2005, shall have eight (8) hours of compensatory time added to their balance on that date. The additional compensatory time added to the balance of each employee shall be treated as a personal leave and shall be granted by the appointing authority in accordance with procedures for granting compensatory time. These eight (8) hours of compensatory time must be taken as paid-leave time and may not be granted as pay. (Ord. 66401 § 14, 2004: prior: Ord. 64953 § 14, 2000: Ord. 64306 § 13, 1998: Ord. 63779 § 13, 1996.)