18.1 Assistant District Public Defenders shall be paid according to the salary schedule in Appendix D. All employees shall be placed on the salary schedule based on their years of experience as a public defender . Each step in the salary schedule represents a two percent (2%) merit increase administered annually on an employee's anniversary date. Each employee shall receive a two and a half percent (2 ½% cost of living adjustment for fiscal year 2000 and a three percent (3%) cost of living adjustment for fiscal year 2001.

18.2 Salary Ranges. Each employee is assigned to a specific position at the time he or she is hired. The Appointing Authority may, when appropriate, reassign regular employees to different positions.

18.3 Administration of the Plan. Each employee shall be paid within the salary range adopted for his or her position. An employee's salary rate may not exceed the upper limit of his or her job's salary range except as provided in this plan or by law.

18.4 All Salaries and Salary Adjustments are Dependent Upon Available Funding. The Employer will administer employee salaries upon the terms stated in this Agreement to the extent that available funding permits. All cost of living or merit salary increases, stability pay. and maintenance of salaries at their present levels, are ultimately contingent upon the funding provided by the State Legislature, In the event that insufficient money is provided by the Legislature to meet the expectations for salary and stability pay, or to meet the present salary levels, the Employer may make such adjustments it deems appropriate to carry out the mission of the agency.

18.5 Performance - Based Salary Increases. Each regular employee may advance through his or her salary range by performance-based salary increases, also known as merit increases, granted by the Appointing Authority. These increases will be based upon the performance of the employee as reflected in his or her annual evaluation, upon the performance of the employee as reflected in his or her annual evaluation.

Annual merit increases of two (2) percent will be awarded employees who fully meet the expectations set forth in their detailed job description, within the limits of the salary range for their position. Employees who have reached the upper limit of their salary range will not receive merit increases but will be eligible for stability pay if they meet the criteria for stability pay (discussed in Article XIX).

In determining the amount of merit increase, if any- to award an employee, the Appointing Authority shall rely upon the annual evaluation of that employee by that employee’s supervisor, and any previous evaluations of that employee that may be relevant.