Chapter 129 - COMPENSATION OF CITY OFFICIALS AND EMPLOYEES

Sec. 128.702. - City safety officer. Chapter 130 - SEAL, FLAG AND OTHER SYMBOLS Chapter 129 - COMPENSATION OF CITY OFFICIALS AND EMPLOYEES[1]

Footnotes: --- (1) ---

Editor's note— 2020-185-E, § 1, amended the title of Chapter 129.

Charter reference— Qualifications and compensation of Council members, § 5.04; powers of Council to fix salaries of certain officials, § 5.06; compensation of Mayor, § 6.02; compensation of Sheriff, § 8.02; compensation of Supervisor of Elections, § 9.01; compensation of Property Appraiser, § 10.01; compensation of Tax Collector, § 11.01; compensation of Clerk of the Circuit Court, § 12.06; compensation of School Board, § 13.06.

State Law reference— Compensation of constitutional officers, F.S. Ch. 145; compensation of school board members, F.S. § 230.202; compensation of district and associate medical examiners, F.S. § 406.075.

Sec. 129.101. - Pay Grades, Salary Ranges, and Salaries.

(a)

Appointed Officials Defined. For purposes of this Section, an appointed official is:

(1)

Any appointee of the Mayor or the Sheriff, whose appointment is approved or confirmed by the City Council; or

(2)

A Section Commander in the Office of the Sheriff.

(b)

Appointed Employees Defined. For purposes of this Section, an appointed employee is any appointee of the Mayor exempted from the Civil Service system under Section 17.06 of the Charter except for those appointed officials as defined in (a)(1) above and temporary, part-time, or special purpose employees.

(c)

Pay Grades and Salary Ranges. There are fixed pay grades and associated salary ranges for appointed officials of the City. Pay grades and salary ranges are readily available on the City's internal website.

Pay grades and salary ranges shall be evaluated and assigned, on a yearly basis each October 1, to positions as follows:

(1)

Beginning in 2006, the Director of the Employee Services Department shall recommend the assignment of each appointed official position in the Executive Branch to one of the pay grades identified in this subsection, based on market studies, internal equity, and other relevant factors. Taking these recommendations into consideration, the Mayor shall have final authority to assign each appointed official position in the Executive Branch to one of these pay grades.

(2)

Beginning in 2006, the Director of the Employee Services Department shall recommend the assignment of each appointed official position and the Section Commander position in the Jacksonville Sheriff's Office to one of the pay grades identified in this subsection (c), based on marked studies, internal equity, and other relevant factors. Taking these recommendations into consideration, the Sheriff shall have final authority to assign each appointed official position and the Section Commander position in the Jacksonville Sheriff's Office to one of these pay grades.

(3)

When any appointed official position is created or materially changed, the Director of the Employee Services Department shall review the new or changed position and recommend its assignment to one of the pay grades established in this Subsection (c), based on market studies, internal equity, and other relevant factors. Final authority for assignment to a pay grade shall belong to the Mayor for positions in the Executive Branch. Final authority for assignment to a pay grade shall belong to the Sheriff for positions in the Jacksonville Sheriff's Office.

(4)

The Director of the Employee Services Department is hereby authorized to adjust the salary ranges established by this Section no more frequently than once each year to be effective on October 1, with the first such adjustment occurring in October 2006. Salary range increases shall not exceed the percentage by which the U.S. Department of Labor's Bureau of Labor Statistics Employment Cost Index has changed on a year-over-year basis since the most recent establishment or adjustment of the salary ranges. The base period for such adjustment shall be the quarter April—June. When the Director of the Employee Services Department adjusts pay ranges pursuant to this subsection, the new salary ranges shall be filed in writing with the Council Auditor and shall be maintained in the Employee Services Department's files.

(5)

The Mayor and the Sheriff shall each establish rules governing establishment of salary rates for existing and newly-appointed officials covered by this section, and for determining changes in pay rates, including but not limited to, increases, decreases, and payment of one-time non-recurring bonuses. These rules shall be filed in writing with the Council Auditor and shall be maintained in the Employee Services Department's files. Any changes to these rules shall be filed with the Council Auditor five working days prior to implementation.

(6)

No position assigned to a pay grade in subsection (1) or (2) above, or created in subsection (3) above, shall be reassigned more than two pay grades higher through the procedures outlined in subsection (c)(3).

(d)

Authority to set Mayoral appointed officials salaries. Within the ranges established in Section 129.101(c), the Mayor shall have the authority to set and adjust salaries of individual appointed officials, taking into consideration such factors as comparable salaries in the competitive labor market for the position, competitive pressures for specialized skills and experience, the education, training and previous experience of the official, internal equity within the government and other relevant factors.

(e)

Authority to set Sheriff's appointed officials salaries. Within the pay ranges established in Section 129.101(c), the Sheriff shall have the authority to set and adjust salaries of individual appointed officials and Assistant Division Chiefs, taking into consideration such factors as comparable salaries in the competitive labor market for the position, competitive pressures for specialized skills and experience, the education, training and previous experience of the official, internal equity within the government.

(Ord. 2003-880-E, §§ 1, 4; Ord. 2006-955-E, § 1; Ord. 2009-549-E, § 3; Ord. 2011-732-E; Ord. 2023-208-E, § 9; Ord. 2024-634-E, § 5; Ord. 2024-992-E, § 1)

Editor's note— Ord. 2003-880-E, §§ 1 and 4, amended the Code by repealing former § 129.101, subsections (a)(2)—(15), and (b)(3) and (4), and renumbering the remaining portions of former § 129.101 as a new § 129.112. For a legislative history of former § 129.101, please see the Code Comparative Table.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 129.102. - Salary of members of Council; salary of Council President.

(a)

Each member of the Council, other than the Council President, shall receive an annual salary equal to one-half of the salary allowed for a member of the Board of County Commissioners in a County with a population equal to that of Duval County, in accordance with the provisions of F.S. §§ 145.031(1) and 145.19; provided however, each Council Member shall submit in writing a notification with the Council Director/Secretary as to their election for salary placement for the upcoming fiscal year prior to October 1 of the affected fiscal year. The notifications shall be published each year on the City Council website.

(b)

The Council President shall receive a salary equal to the salary allowed for a member of the Council in subsection (a) of this Section plus an additional amount equal to one-third of that salary.

(Ord. 83-532-278, § 3; Ord. 83-591-400, § 1; Ord. 2021-74-E, § 1)

Note— Former § 100.102.

Sec. 129.103. - Salary of Mayor.

The Mayor shall receive an annual salary equal to the average of the annual salaries to which the Sheriff, Clerk of the Circuit and County Courts, Supervisor of Elections, Property Appraiser and Tax Collector are entitled under this Chapter (exclusive of special qualification salary or other incentive pay for the Sheriff, Clerk of the Circuit and County Courts, Supervisor of Elections, Property Appraiser and Tax Collector but inclusive of annual factor adjustments to the salaries of the Sheriff, Clerk of the Circuit and County Courts, Supervisor of Elections, Property Appraiser and Tax Collector) plus an additional amount equal to 20 percent of that average. The computation of annual salary for the Mayor shall be made as soon as the annual determination of population of local governments is received from the State Department of Community Affairs and shall be effective as of October 1 of the fiscal year for which the computation is being made. The limitation contained in Section 129.104(g) shall apply to the salary of the Mayor.

(Ord. 83-532-278, § 4; Ord. 83-591-400, § 1)

Note— Former § 100.103.

Sec. 129.104. - Compensation of certain elected officials.

(a)

Legislative intent. In compliance with Section 5.06 of the Charter, the Council hereby adopts a uniform salary ordinance for the Clerk of the Circuit and County Courts, the Supervisor of Elections, the Property Appraiser and the Tax Collector to coincide with the salaries for these elected officers as set forth in F.S. Ch. 145. The salaries in this Section are based on the population of the County, with adjustments for changes in the population and in the average percentage increase in State career service employees' salaries on an annual basis utilizing the annual, cumulative annual and initial factors as set forth herein.

(b)

Definitions. As used in this Section:

(1)

Annual factor, base salary, cumulative annual factor, group rate, initial factor, minimum population and special qualification salary shall have the same meanings as set forth in F.S. Ch. 145.

(2)

Salary means the total annual compensation to be paid to an official as personal income, but does not include all or any portion of the payment of the costs of life, health, accident, hospitalization or annuity insurance that may be made on behalf of an official.

(c)

County population groups. For the purpose of calculating the incremental salary of an official covered by this Section, the County population groups, ranges and group rates as set forth in F.S. Ch. 145 shall apply herein.

(d)

Base salaries, special qualification salaries. For the purpose of establishing the base salaries for the officials covered by this Section, the base salaries for the respective official as set forth in F.S. Ch. 145, shall apply herein. Furthermore, the entitlement to, eligibility and qualifications for and the dollar amount established for the special qualification salary for the respective official as set forth in F.S. Ch. 145, shall also apply herein.

(e)

Computation of annual salary. The annual salary of each official herein provided for shall be computed by adding to the base salary of the population group within which is included the General Services District, an incremental salary calculated by multiplying the appropriate group rate as set forth for the respective official by F.S. ch. 145, by the population in excess of the minimum for the applicable population group therein. The computation of annual salary for each official shall be made as soon as the annual determination of population of local governments is received from the State Department of Community Affairs and shall be effective as of October 1 of the fiscal year for which the computation is being made.

(f)

Annual factor adjustments. The annual salaries of the officials provided for herein, calculated as provided in subsection (e), shall be adjusted, when the adjustment results in an increase of the salary, by the annual factor adjustment. The adjusted salary shall be the product, rounded to the nearest dollar, of the annual salary (including both the base salary and the incremental salary) multiplied first by the initial factor, then by the cumulative annual factor and finally by the annual factor. It is the intent of the Council that the adjustment made herein be similar in calculation and application as provided in F.S. Ch. 145. Any special qualification salary received under this Section shall be added to the adjusted salary and shall not be used in the computation of the adjusted salary. The adjusted salary shall be effective as of October 1 of the fiscal year for which the adjustment is made.

(g)

Limitations. In no event shall any official herein provided for receive an increase in salary, whether due to population increases of the General Services District or to any increase in the annual, cumulative annual or initial factors, in any one fiscal year in excess of 20 percent of his total compensation for the preceding fiscal year ended September 30; provided, that this limitation shall not apply to the special qualification salary or to any other situation where prohibited by law.

(Ord. 88-907-522, § 2)

Sec. 129.105. - Salary for District Chief Medical Examiner and Associate Medical Examiners.

The District Chief Medical Examiner and Associate Medical Examiners shall receive annual compensation to be established by the Mayor in accordance with Section 129.101(b) and (c). Compensation provided for in this Section is for service in a full-time capacity, but shall not preclude private educational and consultative services in the field of forensic pathology which do not interfere with the duties being compensated.

(Ord. 71-533-321, § 2; Ord. 72-79-46, § 2; Ord. 73-344-94, § 1; Ord. 74-1144-520, § 1; Ord. 74-1274-656, § 2; Ord. 75-947-462, § 1; Ord. 76-774-369, § 2; Ord. 77-1054-526, § 2; Ord. 78-830-572, §§ 3, 4; Ord. 79-1322-629, § 2; Ord. 80-791-417, § 2; Ord. 81-603-314, § 2; Ord. 82-709-360, § 2; Ord. 83-532-278, § 2; Ord. 83-591-400, § 1; Ord. 83-707-528, § 2; Ord. 84-837-550, § 2; Ord. 85-926-652, § 2; Ord. 89-524-222, § 1; Ord. 90-710-396, § 2; Ord. 91-810-424, § 2; Ord. 93-1200-1169, § 2; Ord. 94-828-636, § 2; Ord. 95-772-724, § 2; Ord. 96-612-596, § 2; Ord. 97-711-E, § 2; Ord. 1999-789-E, § 2; Ord. 2000-709-E, § 2; Ord. 2001-717-E, § 1; Ord. 2002-707-E, § 2; Ord. 2003-880-E, § 2)

Note— Former § 100.105.

Sec. 129.106. - Other income of officials.

Except for the salary receivable under this Chapter, all fees, costs, salaries, commissions, extra compensation, and any other funds which are paid or payable to an officer or employee of the City or to his office, either by law or on account of any service (including service arising out of ex officio duties) performed by the officer or employee for any agency or instrumentality of the State or of any county or municipality in the State, or for any other office, board, district, authority or unit of State or local government, or for individuals, wherein any of the personnel, equipment or space of the office is employed, shall be included as income of the office and shall not be retained by the officer or employee as personal income.

(Ord. 71-1256-562, § 1; Ord. 83-532-278, § 2; Ord. 83-591-400, § 1)

Note— Former § 100.106.

Sec. 129.107. - Officials receiving honorariums.

Every employee or appointed official of the City either directly or indirectly receiving any honorarium or any other payment in excess of expenses actually incurred in any form whatsoever, in exchange for speaking or appearing before any body, group or assembly, the subject matter of which is job related, shall:

(a)

Pay the honorarium over to the Treasurer within seven days of receipt thereof or be charged for annual leave for the period of time for which he receives the honorarium. In the event the honorarium is paid for attendance for the entire duration of a seminar, workshop, course, conference or other event, then annual leave shall be charged for that entire period; in the event the honorarium is paid for only a portion of time during the aforementioned events, then annual leave shall be charged only for that day or those days on which speaking or appearance actually occurred.

(b)

Report all payments of honorariums to the Treasurer within seven days of receipt thereof.

(Ord. 75-186-163, § 1; Ord. 83-532-278, § 2; Ord. 83-591-400, § 1; Ord. 86-1305-736, § 3)

Note— Former § 100.107.

Sec. 129.108, 129.109. - Reserved.

Editor's note— Ord. 2004-1269-E, § 1, amended the Code by repealing former §§ 129.108 and 129.109. Former § 129.108 pertained to salary for members and chairman of Duval County School Board, and derived from Ord. 82-285-211; Ord. 83-532-278; Ord. 83-692-325; Ord. 83-591-400; and Ord. 89-563-315. Former § 129.109 pertained to salary for members and chairman of Civil Service Board, and derived from Ord. 83-532-278; Ord. 83-591-400; and Ord. 89-563-315.

Sec. 129.110. - Right of Councilmen to refuse compensation.

A member of the Council, including the Council President, may elect to refuse any part or all of the compensation to which he would otherwise be entitled under Section 129.101(a). This refusal shall be evidenced by a written instrument, signed by the Councilman, in which he refuses the stated portion of the compensation. Upon delivery to the Council Secretary, the signed refusal shall become irrevocable during the remainder of the term of the Councilman; provided, that if the refusal is filed by the Council President, it shall be irrevocable only for the remainder of his term as President and then be of no effect. When a refusal is filed by a Councilman, including the Council President, he shall not thereafter, so long as the refusal is effective, be entitled to or receive that portion of the compensation to which he would otherwise be entitled which he has refused.

(Ord. 76-764-374, § 2; Ord. 83-532-278, § 2; Ord. 83-591-400, § 1)

Note— Former § 100.110.

Sec. 129.111. - Time of taking effect of changes in compensation of elected officials.

A change in the compensation of an elected official enacted by the Council shall not become effective until the beginning of the next term of the elected official whose compensation was changed, unless otherwise required by the Charter.

(Ord. 82-359-227, § 2; Ord. 83-532-278, § 2; Ord. 83-591-400, § 1; Ord. 85-1075-559, § 1)

Note— Former § 100.112.

Sec. 129.112. - Council Related Salaries.

(a)

The Director of the Employee Services Department shall recommend to the Council Secretary and the Council Auditor the assignment of each appointed employee and official position in the Legislative Branch to one of the pay grades identified in subsection 129.101(c), based on market studies, internal equity, and other relevant factors. Taking the recommendations of the Council Secretary and the Council Auditor into consideration, the Council President shall have final authority to assign each appointed employee and official position in the Legislative Branch to one of these pay grades.

(b)

The Council Executive Committee shall set specific salaries by written order for the Council Secretary, the Council Auditor, and the Assistant Council Auditor(s). Under the guidance of the Council President, the Council Secretary shall set the salaries of all employees who report to the Council Secretary. Under the guidance of the Council President, the Council Auditor shall set the salaries of all employees who report to the Council Auditor.

(c)

The Council President is authorized to set the specific salary for the Secretary (Executive Council Assistant) to the Council President within the pay grade determined by the City Council Executive Committee.

(d)

Each Council Member is authorized to set the specific salary for the Executive Council Assistant that is employed for and reports to the Council Member within the pay grade determined by the City Council Executive Committee.

(e)

Intent. It is the intent of the Council in setting these ranges to affix the broadest possible salary range, thereby allowing the Director/ Council Secretary and the Council Auditor maximum management discretion to manage, motivate and reward employees.

(Ord. 2008-555-E, § 11.2; Ord. 2010-778-E, § 1; Ord. 2011-732-E; Ord. 2013-157-E, § 1; Ord. 2023-208-E, § 10)

Editor's note— Ord. 2008-555-E, § 11.2, amended the Code by repealing former § 129.112, and adding a new § 129.112. Former § 129.112 pertained to certain fixed salaries, and derived from Ord. 2003-880-E, § 4.

Sec. 129.113. - Unlawful Compensation.

The types of compensation described herein below shall be prohibited.

(a)

Any compensation other than:

(1)

Salary;

(2)

City or State authorized pension or retirement plans; or

(3)

A bonus program that meets all the requirements of State law.

This subsection shall not prohibit non-taxable benefits such as insurance, mileage, club membership, or other allowances.

(b)

A pension, retirement, or deferred compensation plan that is not approved by the State of Florida as part of the Florida Retirement System or as part of the City retirement system or approved by City ordinance.

(c)

A retirement or deferred compensation plan that is not fully exempt pursuant to federal Internal Revenue Service laws, rules, and regulations.

(d)

A bonus program based on any budget differential for the City or any department or agency of the City. This includes, but is not limited to, circumstances wherein actual expenses are lower than budgeted expenses either due to revenues above projected revenues or expenses below projected expenses. This subsection shall not, however, prevent the creation of a bonus program, which is consistent with State law and which may include an employee suggestion program, provided that such program awards individual efforts and achievements, provided further that such program is approved by the Council by ordinance or is contained within a collective bargaining agreement.

(e)

A contract or program that in any manner purports to grant to any officer or employee any property or ownership interest of any sort in the City or any department or agency of the City or any property of the City.

(f)

Compensation based or calculated upon the value or growth or loss in value of the City or any of its agencies or departments or any property of any sort owned by the City or any of its agencies or departments.

(g)

A contract or program that purports to grant to any officer or employee any equity or other property interest in a City department or agency that is recapitalized or sold.

(Ord. 2020-185-E, § 2)

Sec. 128.702. - City safety officer. Chapter 130 - SEAL, FLAG AND OTHER SYMBOLS