(A) Non-exempt professional police employees standard work period and overtime.
(1) PROFESSIONAL POLICE EMPLOYEE is defined as any full-time, professional police personnel including the Town Marshal and shall refer to all full-time, professional police personnel employed within the Police Department including the Town Marshal, except as otherwise provided. All professional police employees of the Police Department shall be classified under the FLSA as non-exempt, salaried employees for purposes of overtime and compensatory time under the FLSA.
(2) The standard work period for professional police employees shall be 28 consecutive days. All professional police employees will receive and serve his or her tours of duty within such standard work period.
(3) The total compensation (including salary and any applicable bonuses) fixed by the town for all professional police employee except the Town Marshal is intended to compensate such employees for 168 hours worked within each standard work period, multiplied by a total of 13 consecutive standard work periods in a fiscal year, that is an aggregate total of 2,184 hours annually. The total compensation (including salary and any applicable bonuses) fixed by the town for the Town Marshal is intended to compensate the Town Marshal for 160 hours worked within each standard work period, multiplied by a total of 13 consecutive standard work periods in a fiscal year, that is an aggregate total of 2,080 hours annually.
(4) Any hours worked in excess of 171 hours within a standard work period must have the prior approval of the Town Marshal, or the Town Marshal’s designee. Any hours worked by a professional police employee in excess of 171 hours must fall within the department’s budgetary limitations, except in the case of an emergency.
(5) All professional police employees are required to report all hours worked on a personal time sheet that is then examined for accuracy, approved and signed by the Town Marshal or the Town Marshal’s designee. Failure to accurately report employee hours worked shall result in employee discipline.
(6) The Town Marshal must make, keep and preserve payroll-related records and shall make a written report to the Town Clerk within a reasonable period following the expiration of each standard work period.
(7) If the number of hours worked by a professional police employee other than the Town Marshal exceeds more than 168 hours but less than 171 hours within the standard work period, such employee shall be entitled to and shall receive overtime compensation at his or her regular rate of pay for the excess time worked.
(8) If the number of hours worked by the Town Marshal exceeds more than 160 hours but less than 171 hours within the standard work period, the Town Marshal shall be entitled to and shall receive overtime compensation at his or her regular rate of pay for the excess time worked.
(9) If the number of hours worked by any professional police employee including the Town Marshal exceeds more than 171 hours within the standard work period, such employee shall be entitled to and shall receive overtime compensation at the rate of one and one-half times his or her regular rate of pay as determined under 29 C.F.R. Part 553 Subpart C, or in the case of the Town Marshal, he or she shall be entitled to compensatory time off or applicable overtime compensation as outlined in division (B) of this section.
(B) Town Marshal compensatory time off.
(1) This section shall apply only to the Town Marshal and shall not apply to any officers subordinate to the Town Marshal.
(2) When the Town Marshal works more than 171 hours in a given work period, the Town Marshal shall receive compensatory time off as a substitute for overtime pay. This understanding shall be reiterated by the Town Marshal and the President of the Town Council annually executing a written acknowledgment of the same at the commencement of each fiscal year. Federal law defines the terms “compensatory time” and “compensatory time off” to mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee’s regular rate.
(3) Where compensatory time off is substituted for overtime pay, the Town Marshal shall be entitled to compensatory time off at the rate of one and one-half hours of compensatory time off for each hour worked in excess of 171 hours in a work period.
(4) Where the Town Marshal earns compensatory time off, the Town Marshal shall be allowed to accrue a compensatory time off balance up to 80 hours at a given time. Once the Town Marshal has accrued a balance of 80 hours of compensatory time off, the Town Marshal shall not accrue any additional compensatory time off until the Town Marshal’s compensatory time off balance is reduced below 80 hours. The Town Marshal cannot accrue more than a total of 480 aggregate hours of compensatory time off within a fiscal year.
(5) If the Town Marshal accrues a total of 480 aggregate hours of compensatory time off within a fiscal year, for each hour worked in excess of 171 hours in a work period thereafter, the Town Marshal shall be entitled to and shall receive overtime compensation at the rate of one and one-half times his or her regular rate of pay as determined under 29 C.F.R. Part 553 Subpart C.
(6) Where the Town Marshal has accrued a balance of 80 hours of compensatory time off, the Town Marshal will be paid overtime for any hours worked in excess of 171 hours in a work period until such accrued balance is reduced below 80 hours.
(7) Under no circumstances may the Town Marshal take compensatory time off until the Town Marshal has earned compensatory time off.
(8) Compensatory time shall be exclusive of, and in addition to any paid time off for leave earned or accrued by the Town Marshal.
(9) The town in its discretion, through its Town Council President may require the Town Marshal to use any accrued compensatory time.
(10) The Town Council President will allow the Town Marshal to use accrued compensatory time off within a reasonable period of time after the Marshal has made a request to do so. Further, the Town Council President has the discretion to grant or deny a request depending on the needs of the Police Department and in a manner that will not unduly disrupt the operations of the Department.
(11) In the Town Council President’s discretion, the town may elect to pay out accrued but unused compensatory time off at any point during the calendar year, but in all cases, the Town Marshal’s accrued but unused compensatory time off balances shall be used or paid out in full by the end of the calendar year or upon separation from employment.
(a) If compensation is paid to the Town Marshal for accrued compensatory time off while the Marshal is in the employ of the town, compensation shall be paid at the Town Marshal’s regular rate earned at the time the Marshal receives such payment.
(b) Notwithstanding, the Town Council by separate subsequent act may elect to allow the Town Marshall to carry-over any accrued but unused compensatory time off balance to a subsequent, consecutive fiscal year, subject to the limitations set forth in division (B)(4).
(c) Upon termination of employment, the Town Marshal be shall paid for the accrued but unused compensatory time at a rate of compensation not less than the average regular rate received by the Town Marshal during the last three years of the Town Marshal’s employment, or the final regular rate received by the Town Marshal, whichever is higher.
(Ord. 2019-03, passed 2-12-2019)