(A) Each county office, commission or appointed department administrator who submits a budget under State Board of Account County Form 144 shall submit a supplemental schedule that lists the classification of each salary or wage position that is described in the proposed budget for purposes of complying with the Federal Fair Labor Standards Act.
(1) Each position shall be classified as one of the following:
(a) Salary-management and supervisory, overtime is not applicable;
(b) Salary-only compensatory time allowed;
(c) Salary-with compensatory time or overtime pay;
(d) Salary-with overtime pay only; or
(e) Hourly wage-overtime pay only.
(2) Classification of positions is subject to the approval of the County Council, pursuant to I.C. 36-2-5-3.
(B) Each elected official or appointed administrator shall file a statement of its office policy concerning the administration of overtime or compensatory time allowance indicating when and how the employees of that respective office or department are entitled to overtime or compensatory time.
(C) Each county officer or appointed administrator shall submit a specific overtime budget entry for each employment position which the county officer or department administrator has obsignated as eligible for overtime payment.
(D) Two weeks before January 1 of each calendar year, each county officer or appointed administrator shall submit to the Auditor of the county, a complete employee roster that lists the employees and the salary or wage classification of each employee as described in division (A) above. The officer or administrator shall update the list as necessary during the year.
(E) Any overtime shall be authorized and approved before it is incurred. Approval must be documented. One copy of this documentation shall be retained by the elected official or appointed administrator, and one copy shall be sent to the County Auditor’s office.
(F) No employee shall incur and the county shall not compensate an employee for overtime unless said overtime has been approved in advance; however, an officeholder or department head may retroactively approve overtime if such overtime was required for an emergency, extenuating operational problem or law enforcement circumstances.
(G) Any employee who incurs overtime on his or her own initiative and without prior approval of the elected official or appointed administrator of the county office or department is volunteering such time or voluntarily contributing such service to the county. No employee is empowered on his or her own or individually to incur payment or an obligation from the county for wages.
(H) The Auditor of the county shall not pay for overtime service unless the following documents are on file at the office at the Auditor of the county:
(1) The weekly of report of that employee properly shows that such employee has worked more than a 40-hour week;
(2) The employee has been classified and designated as an overtime employee by the elected official or appointed administrator under the roster filed at the beginning of each calendar year; and
(3) Record of approval of overtime as required by division (E) above.
(I) If the Auditor finds any errors or incomplete information on weekly reports, said reports shall be returned to the county official or appointed administrator responsible for supervision of that employee. Accuracy of the weekly work report is the responsibility of the county official or appointed administrator and not the responsibility of the Auditor of the county.
(J) Employees who have been designated by their supervisor as eligible for compensatory time shall receive compensatory time at a rate of one and one-half hours for each hour that has been worked beyond 40 hours in each work week. Approval for overtime is required in advance as provided in division (E) above, whether compensation is to be in cash or in compensatory time. The county official or appointed administrator shall grant, expend and administer compensatory time according to the procedures and policies which that elected official or appointed administrator has on file with the Auditor of the county. Compensatory time accumulated and also compensatory time expended shall be declared upon the weekly employee attendance report. The granting, accumulation and expending of compensatory time is the responsibility of the county elected official or appointed administrator of the employee.
(Council Ord. 1995-8, passed 1-2-1996)