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Pursuant to the Fair Labor Standards Act and except as provided in § 2.50.010(B) of this code, or as otherwise provided in any applicable resolution, agreement, or memorandum of understanding approved by the City Council, the standard period of work for city employees shall be as follows:
(A) Nonsafety personnel.
(1) The standard work period for each nonsafety city employee shall consist of seven days in each week for a total of not to exceed 40 hours of actual work, plus the employee's meal periods during each such work week; provided, however, that any head of a department under whose supervision labor is performed may, when public necessity demands, require any of his or her subordinates to work more than a standard work period in any week.
(2) The work period for all such employees who work a Monday through Sunday work week shall commence at one minute after 12:00 a.m. on Monday of each week. All such employees working a “9/80” schedule, each two weeks (14 days), shall have two sets of two consecutive days off. Each of these sets shall have five days between them. Each of the employees on the “9/80” schedule shall work eight 9-hour days and one 8-hour day. The employee shall then have the remaining day of the fourteen days off. The eight hour day worked and the remaining day off shall be on the same day of the week, one week apart. The work period for all employees working a “9/80” work schedule shall commence on one minute after the midpoint of the employee's work day on the eight-hour day worked. The work period for all other employees shall commence on one minute after 12:00 a.m. on Thursday of each week.
(B) Fire safety employees. The work period for fire suppression personnel shall be 24 consecutive days. The standard number of hours worked in each work period by fire suppression personnel shall be 192 hours under a 3 platoon, 24-hour shift schedule.
(C) Police safety employees. The standard work period for uniformed police officers shall be 28 consecutive days during which the employee's tours of duty do not exceed in the aggregate 171 hours. The weekly tour of duty for each such designated uniformed police officer shall be 12 hours and 30 minutes a day, including the meal period and briefing time, for three days in each week, a total of 37½ hours. The tour of duty for the 28 day work period shall be 150 hours. If the uniformed officer works in excess of the work period, but not more than 160, the officer shall be paid at a straight time rate for those hours worked. Time worked over 160 hours in the work period shall be calculated at the overtime rate. In the event an officer does not work or is not assigned any additional hours beyond the 150 hour tour of duty for the work period, the officer shall have ten hours of leave time deducted from his or her leave time account. Any leave time which has been accrued to the employee, with the exception of sick leave, shall be available for such use by the employee. The standard work period for designated plainclothes police officers shall be 28 consecutive days during which the employee's tour of duty shall not exceed in the aggregate 171 hours. The weekly tour of duty for each such plainclothes police officer shall be ten hours a day, including the meal period and briefing time, for four days a week, a total of 40 hours.
(D) City's reservation of right to change work schedules or periods. Except as required under the provisions of Cal. Gov't Code §§ 3500 to 3510, and/or the Fair Labor Standards Act, the city reserves the right to regulate and/or change the designation of the specific hours or days to be worked by any employee, and no such change in the scheduling of days or hours worked shall be deemed to constitute overtime, provided the total number of hours and days does not exceed those specified as constituting the standard work year, work period, work week and workday hereunder.
(‘86 Code, § 2.50.020) (Ord. 4007, passed - - ; Am. Ord. 4049, passed - - ; Am. Ord. 4263, passed 1-24-94; Am. Ord. 4270, passed 4-11-94; Am. Ord. 4326, passed 7-28-97; Am. Ord. 4327, passed 8-11-97; Am. Ord. 4659, passed 7-28-14; Am. Ord. 4757, passed 9-23-19)