§ 2-1088. Overtime and compensatory time.

All overtime or arrangements for overtime work by city employees shall be approved in advance by the department head or designee. Any employee assigned to perform overtime work in excess of the applicable standard workday or standard workweek may be compensated as follows:

(1)

Employees considered non-exempt under the Fair Labor Standards Act (FLSA) shall be paid for overtime work at the rate of time and one-half the straight hourly equivalent rate for the assigned position classification. Hours worked in excess of 16 in any work day will be compensated at twice the regularly assigned straight time hourly rate. Employees working a five-day, eight-hour schedule shall be compensated at a rate of two times their regularly assigned straight hourly rate on their seventh consecutive work day. Employees working a four-day, ten-hour schedule shall be compensated at a rate of two times their regularly assigned straight hourly rate on their sixth and seventh consecutive workday. Employees considered exempt under FLSA shall not be paid for overtime work, and are not eligible to earn compensatory time.

a.

Whenever an employee qualified for overtime is called back on an emergency to work after the employee's regular working hour and after the employee has left his last work site, the minimum overtime payment or the minimum compensatory time credit shall be for four hours of work at the rate of time and one-half.

b.

Employees may be granted equivalent compensatory time off in lieu of cash compensation for overtime worked, subject to the following conditions:

1.

Compensatory time may be earned and should be used during the fiscal year. Maximum accumulation of compensatory time is 240 hours, such accumulation being determined by multiplying the overtime hours worked by the appropriate factor or combination of factors until the 240-hour maximum is reached. The factor for time and one-half is 1½; the factor for double time is 2.

2.

In that no cash payout of the accumulated compensatory time is intended, all scheduled use of the accumulated time will be completed within a reasonable period, not to exceed two years. Employees may use accumulated compensatory time within a reasonable period after request if such use does not unduly disrupt the operations of the city. While generally the choice of the use of accumulated compensatory time will be mutually agreed upon by the employee and the supervisor, in the event of a conflict, work schedule demands will prevail.

3.

When an employee transfers from one department to another, any outstanding compensatory time balance will transfer to the new department.

4.

Any unused time must be paid out at the higher of the wage at termination or the average of the last two years' salary.

(2)

Employees considered exempt under FLSA in salary grades ME-E to ME-J may be granted a bonus of $400.00 for performing their duties under a declared emergency situation or situations that the city manager deems as immediately essential to the operation of city government. This provision will apply only when hours worked are in excess of 55 in a workweek and conditions do not allow the employee to take equivalent time off. The manager requesting the utilization of this policy must provide a written request documenting the necessity for the payment of the bonus to the exempt employee. Such payment shall be at the recommendation of the department head and will require the approval of the city manager.

(3)

Employees allocated to classes covered by the provisions of the memorandum of understanding between the city and Local 500-American Federation of State, County and Municipal Employees shall be compensated in accordance with the provisions of the memorandum of understanding in effect.

(4)

Employees allocated to classes covered by the provisions of the memorandum of understanding agreement between the city and Local 42-International Association of Fire Fighters shall be compensated in accordance with the provisions of the memorandum of understanding in effect.

(5)

Employee allocated to classes covered by the provisions of the Memorandum of Understanding agreement between the City and Local 3808—International Association of Fire Fighters shall be compensated in accordance with the provisions of the Memorandum of Understanding in effect.

(Admin. Code 1967, § A8.6.1; Ord. No. 32666, 5-20-66; Ord. No. 33381, 12-9-66; Ord. No. 34345, 9-1-67; Ord. No. 36083, 11-22-68; Ord. No. 36215, 12-20-68; Ord. No. 37155, 8-29-69; Ord. No. 42731, 5-18-73; Ord. No. 43913, 4-5-74; Ord. No. 45485, 5-23-75; Ord. No. 46692, 6-10-76; Ord. No. 46890, 8-12-76; Ord. No. 57638, 3-28-85; Ord. No. 57940, 5-30-85; Ord. No. 59191, 4-4-86; Ord. No. 910591, 5-16-91; Ord. No. 930281, 4-15-93; Ord. No. 960647, § 1, 9-19-96; Ord. No. 991241, § 1, 9-30-99; Ord. No. 020520, § 1, 5-2-02; Ord. No. 040300, § 1, 4-1-04; Ord. No. 170236 , § 1, 4-20-17)