§89C-2  Adjustments authorized; limitations,
restrictions.  Each appropriate authority may make adjustments for their
respective excluded employees subject to the following guidelines and
limitations:



(1)  The compensation of excluded employees, whose pay
is presently limited or fixed by legislative action, or prescribed by a salary
commission, shall not be adjusted under this chapter and shall continue to be
limited or fixed by the respective legislative body or salary commission;



(2)  The compensation of excluded employees exempt
from civil service coverage, whose pay is set at the discretion of the
appointing authority, shall continue to be adjusted at the discretion of the
appointing authority from funds allowed for this purpose;



(3)  Any adjustment made for excluded civil service
employees shall be consistent with the merit principle and shall not diminish
any rights provided under chapter 76;



(4)  For excluded employees under the same
classification systems as employees within collective bargaining units,
adjustments shall be not less than those provided under collective bargaining
agreements for employees hired on a comparable basis;



(5)  For excluded employees other than those under
paragraph (4), adjustments shall, to the extent practicable, uniformly apply to
every excluded employee within a homogeneous grouping, such as, cabinet members
or managerial employees, to ensure fairness.  This does not preclude variable
adjustments based on performance or other job criteria and specific adjustments
warranted based on the nature of work performed or working conditions; and



(6)  No adjustment shall be made in benefits provided
under chapter 88 unless specifically authorized by that chapter, or with
respect to any other matter that the legislature may specifically prohibit or
limit by law. [L 1978, c 197, pt of §2; am L 1982, c 152, §2 and c 159, pt of
§1(1); am L 1984, c 254, §6; am L 1987, c 30, §1; am L 2000, c 253, §107; am L
2002, c 131, §1]



 



Attorney General Opinions



 



  Expresses legislative intent to control public employee
benefits, such as insurance benefits.  Att. Gen. Op. 85-1.



  Under this section and section 89C-3, pay may be adjusted
only for excluded police officers in managerial, white-collar compensation
plan.  Att. Gen. Op. 85-5.