§ 19.169

A. Counties may adopt a performance-based adjustment program for county employees pursuant to this section. B. In order to adopt a performance-based adjustment program, a county shall adopt a written performance-based adjustment plan. The plan must:1. Indicate the manner in which the county intends to award performance-based adjustments, including a determination that performance-based adjustments will be awarded for overall ratings of 'meets standards' or 'exceeds standards'. Performance-based adjustments shall not exceed five percent (5%) of a county employee's annual salary for 'meets standards' or ten percent (10%) of a county employee's annual salary for 'exceeds standards'. The plan shall include:a.the amount or percentage that the county will award to qualifying employees, orb.total dollar figure the county intends to set aside for performance-based adjustments to be divided among qualifying county employees;2. Identify and define the twelve-month evaluation cycle to be used within the county, such as a calendar year or fiscal year. The plan shall not be amended within the evaluation cycle but may be discontinued according to paragraph 5 of this subsection;3.

to be used within the county, such as a calendar year or fiscal year. The plan shall not be amended within the evaluation cycle but may be discontinued according to paragraph 5 of this subsection;3. Indicate whether the county will award performance-based adjustments as an increase to the county employee's salary, a lump-sum payment, or a combination thereof;4. Include a written confirmation that the county can fund the performance-based adjustment program for the current and subsequent fiscal year without the need for additional funding; and5. Include a statement that the county may discontinue performance-based adjustments at any time should it be necessary to prevent a budget shortfall. The county shall notify employees of the discontinuation of the plan and the reason therefor.C. A county may grant only one performance-based adjustment to any county employee for any twelve-month evaluation cycle. A county shall not award a performance-based adjustment to any employee based upon a performance evaluation which is more than one (1) year old.Added by Laws 2018, c. 80, § 1, eff. Nov. 1, 2018.