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

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

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

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

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

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

(6)  No adjustment shall be made in benefits providedunder chapter 88 unless specifically authorized by that chapter, or withrespect to any other matter that the legislature may specifically prohibit orlimit 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 L2002, c 131, §1]

 

Attorney General Opinions

 

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

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