Section 19-96 Overtime.
Prior to the adoption of Ord. 18254 on 09/20/2004, Section 19-96 read as follows.
(a) Positions eligible for overtime pay shall be designated on the classification
plan and the pay
(b) Work periods for city employees are defined as follows:
(1) Fire department shift employees
shall work a twenty-seven-day work period (fifty-six
(56) hours per week average) and shall be paid at the overtime rate (or compensatory time in
accordance with FLSA standards) for all hours
worked in pay status in excess of two hundred
four (204) hours during the work period.
(2) Police officers and sergeants
shall work a twenty-eight-day work period and shall be paid
at the overtime rate (or compensatory time in accordance with FLSA standards) for all hours
worked in pay status in excess of one hundred seventy (170) hours during the
(3) Airport fire/safety officers shall
work a fourteen-day work period and shall be paid at the
overtime rate (or compensatory time in accordance with FLSA standards) for all hours
pay status in excess of eighty (80) hours during the work period.
(4) All other overtime eligible employees shall
work a seven (7) day work period beginning
midnight on Sunday morning and shall be paid at the overtime rate (or compensatory time in
accordance with FLSA standards) for all hours
worked in pay status in excess
of forty (40) hours
during the work period; except, however, the city manager may establish work periods beginning
on a day and time other than Sunday midnight for any group of employees working in any
facility requiring twenty-four (24) hour day, seven day a week staffing.
(c) Overtime work shall be kept to a minimum, and in order
to be considered as overtime, the
work and the time of doing it must have been assigned by the employee's department head or
duly authorized supervisor.
(d) Time in pay status shall be considered time worked for
purposes of overtime eligibility.
(e) The positions of those city employees and officials excepted
from the payment of overtime:
(1) Shall be noted in the classification
and pay plan and shall generally include
administrative, professional and supervisory positions.
(2) Shall have salary ranges based
on all services rendered and the realization that the
employee will not be separately compensated for overtime.
(f) Employees in positions not eligible for overtime pay:
(1) Shall not be specifically compensated
for overtime in either money or compensatory
(2) Shall be expected to average at
least forty hours per week.
(3) May have their contributions to
the development and accomplishment of departmental
goals evaluated in terms of total performance, output, effectiveness, and achievement rather than
on adherence to set specific working hours.
(4) Shall, at the discretion of the
department head, not be held rigidly to the established city
schedule of leave accumulation and usage. Time absent from work and deviations from the
official work hours of the employee's department must be with the approval of the employee's
department head who shall have the responsibility for evaluating the employee's performance and
justifying permitted deviations from established hours of work and earned leaves.
The City does not make deductions from the salaries of exempt employees because of
variations in the quality or quantity of work performed. Rather, unsatisfactory quantities or
quality of work are addressed through regular performance management methods including the
evaluation and discipline processes. The City also does not make deductions from exempt
employees salaries for any of the following:
1. Absences of less than a full workweek occasioned
by the City;
2. Absences of less than a full workweek caused
by jury duty, or attendance as a witness in a
judicial proceeding, or due to temporary military leave (although the City may offset against the
regular salary any amount paid as jury, witness or military pay); and
3. Approved partial day absences for personal
Based on principles of public accountability which require that employees not be paid for time
not worked, deductions from an exempt employees salary will be made in the following
1. Full-day and unapproved partial day absences
for personal reasons other than sickness or
2. Full-day and partial day absences caused
by sickness or disability if the employee is not
yet eligible for paid leave or paid leave has been exhausted under the Citys sick leave or other
policies providing pay for those absences;
3. Hours taken as unpaid leave under the Family
and Medical Leave Act (FMLA);
4. Disciplinary suspensions of one or more
full days for infractions of written workplace
5. All disciplinary suspensions for infractions
of safety rules of major significance; and
6. Where an exempt employee works less than
a full workweek in the initial or final week of
employment or due to a budget-required furlough (exempt employees who work less than forty
(40) hours during their first or last week of employment or due to a furlough will be paid a
proportionate part of their full salary for the time actually worked).
(h) Any exempt employee whose salary has been
subject to improper deductions should
promptly report the problem to the director. Any improper deductions will be reimbursed, and
there will be no retaliation against any employee.
Overtime assignments will be distributed as equally as practicable among members of
each overtime equalization unit. Such overtime equalization units shall consist of the qualified
employees in a job classification or employee work group. No employee will be given an
overtime assignment unless he is qualified to perform it. The department head or supervisor shall
maintain a roster showing the overtime hours worked by employees in each overtime
equalization unit, or work group. If an employee refuses an overtime assignment he will be
credited, for purposes of overtime equalization, with the number of hours refused.
(Code 1964, § 22.610; Ord. No. 10733, § 1, 9-16-85; Ord. No. 12386, §
2, 10-16-89; Ord. No.
15754, § 1, 9-21-98; Ord. No. 16191, § 1, 9-20-99; Ord. No. 17850, § 1, 9-15-03)