(a) Police department. The work period and work hours for sworn employees of the police department are as follows:
(1) For purposes of the Fair Labor Standards Act, as amended, the work period for a nonexempt sworn employee of the police department is 28 days.
(2) Weekly overtime. A nonexempt sworn employee of the police department will be paid an overtime hourly rate of 1-1/2 times the employee’s regular rate of pay for all hours worked over 40 in any work week, or be granted compensatory leave for all hours in excess of 40.
(3) Paid leave. Any sworn employee of the police department is charged with paid leave only on days the employee would otherwise have been scheduled to work. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. Authorized attendance incentive leave, vacation leave, holiday leave, leave with pay as defined by Section 34-29
, compensatory leave, court leave pursuant to Section 34-26
, mandatory city leave, military leave, death-in-family leave, compassionate leave, injury leave, mental health leave, and quarantine leave will be counted as work time for purposes of computing overtime or compensatory leave. Paid parental leave and sick leave will not be counted as work time for purposes of computing overtime or compensatory leave.
(4) Call backs. A nonexempt sworn employee of the police department who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.
(5) Compensatory leave in lieu of overtime pay may be granted a nonexempt sworn employee of the police department at the request of the employee, subject to supervisory approval. Compensatory leave is earned at the rate of 1-1/2 hours for each hour worked, to a maximum of 480 hours accrued. Compensatory leave will be granted within a reasonable time after being requested if the use of the compensatory leave does not unduly disrupt the operations of the department. Compensatory leave may be taken in hourly increments. The accrual and use of compensatory leave is governed by the Fair Labor Standards Act, as amended, and Section 142.0016 of the Texas Local Government Code, as amended. Compensatory leave not taken during the payroll quarter in which it is accrued or during the following two payroll quarters will be paid at the employee’s regular rate of pay earned at the time of payment or at the time of forfeiture of the compensatory leave, whichever rate is higher. Compensatory leave will be paid upon termination at the higher of:
(A) the average regular rate of pay received by the employee during the last three years of the employee’s employment with the city; or
(B) the final regular rate of pay received by the employee.
(6) A sworn employee of the police department above the rank of captain is an exempt employee and does not earn overtime or compensatory leave.
(b) Fire department. The work period and work hours for sworn employees of the fire department are as follows:
(1) The work period for a sworn employee of the fire department is, depending upon assignment, 28 days (pursuant to Fair Labor Standards Act, as amended,) or a standard 40-hour work week.
(2) The standard work day or shift for a sworn employee of the fire department may consist of the following, depending upon assignment:
(A) 8 hours a day;
(B) 12 hours a day; or
(C) 24 hours a day.
(3) A sworn employee of the fire department assigned to special training is subject to the eight-hour work day.
(4) A sworn employee of the fire department with the rank of assistant chief or above is an exempt employee and does not earn overtime. A civilian employee of the fire department with a classification equivalent to assistant chief or above is an exempt employee and does not earn overtime.
(5) A nonexempt sworn employee of the fire department who works more than 212 hours in a 28-day work period or 40 hours in a standard work week, depending upon assignment, will be paid at 1- 1/2 times the employee’s regular rate of pay for hours worked beyond the scheduled work period.
(6) A nonexempt sworn employee of the fire department may, subject to departmental approval, choose to receive compensatory leave in lieu of overtime pay at the rate of 1-1/2 hours for each hour worked beyond each scheduled work period, to a maximum of 480 hours accrued.
(7) Compensatory leave may be earned by a sworn employee of the fire department other than an exempt employee above the ranks of fire battalion/section chief and fire prevention section chief. Compensatory leave will be granted within a reasonable time after being requested if the use of the compensatory leave does not unduly disrupt the operations of the department. Compensatory leave may be taken in hourly increments. The accrual and use of compensatory leave is governed by the Fair Labor Standards Act, as amended, and Section 142.0016 of the Texas Local Government Code, as amended. Compensatory leave not taken during the payroll quarter in which it is accrued or during the following two payroll quarters will be paid at the employee’s regular rate of pay earned at the time of payment or at the time of forfeiture of the compensatory leave, whichever rate is higher. Compensatory leave will be paid upon termination at the higher of:
(A) the average regular rate of pay received by the employee during the last three years of the employee’s employment with the city; or
(B) the final regular rate of pay received by the employee.
(8) A sworn employee of the fire department must use or be paid for all accrued compensatory leave before transferring to or from the emergency response bureau of the fire department or whenever the employee’s full-time regular work schedule is increased or reduced.
(9) Authorized attendance incentive leave, vacation leave, holiday leave, leave with pay as defined by Section 34-29, compensatory leave, court leave pursuant to Section 34-26, mandatory city leave, military leave, death-in-family leave, compassionate leave, injury leave, mental health leave, and quarantine leave will be counted as work time for purposes of computing overtime or compensatory leave. Paid parental leave and sick leave will not be counted as work time for purposes of computing overtime or compensatory leave.
(10) Call backs. A nonexempt sworn employee of the fire department who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.
(11) A sworn employee of the fire department may, with prior approval from the fire chief or a designated representative, trade time with another sworn employee. Trade time is not considered as work time in determining overtime, but trading time is subject to the Fair Labor Standards Act, as amended. (Ord. Nos. 19340; 22195; 24873; 24930; 25142; 25389; 28024; 30216; 32604)