§ 127.05  WORKING HOURS AND OVERTIME FOR CITY EMPLOYEES IN GENERAL.
   Except for the regular members of the Police and Fire Department and as exempted or otherwise provided by law, the following provisions apply to all employees of the city.
   (a)   The normal work day is eight hours commencing at 8:00 a.m. and ending at 5:00 p.m. with one hour to be taken for lunch, Monday through Friday of each week, inclusive.
   (b)   All such employees shall be paid for overtime at the wage rate of one and one-half times the employees’ regular wage rate for hours worked in excess of 40 hours per week subject to the exemptions provided by federal statutes 29 U.S.C. §§ 207 and 213 as amended and Ohio R.C. 4111.01; provided further, however, that for purposes of computing hours worked during a work week including a paid legal holiday, employees shall be credited a normal work day of eight hours as hours worked with respect to the paid legal holiday.
   (c)   The Mayor may change the work days and the starting and finishing time of any employee when such change will serve to improve the public service.
   (d)   Any such overtime compensation that has been accrued by any employee may be deferred and due and payable at the sole discretion of the Director of Finance, if necessary funding is available or at the termination of such employee.
   (e)   The following salaried employees shall not be paid overtime at any wage rate for hours worked in excess of 40 hours per week.
Assistant Director of Finance
City Engineer
Clerk of Court, city’s Municipal Court
Deputy Tax Administrator
Director, Department of Community Development
Director, Helen S. Brown Center
Director, Housing Department or Chief Housing Inspector
Director, Human Resources
Director, Lands and Buildings
Director of Finance
Director of Law
Director of Purchasing Department
Director, Parks and Recreation
Director, Probation Department or Chief Probation Officer
Director, Service Department
Director, Water Department or Utilities Administrator
Executive Assistant to the Mayor
Fire Chief
Housing Commissioner
Manager, EDP Resources
Mayor
Police Chief
 
   (f)   (1)   A.   All non-bargaining unit hourly employees shall be eligible to receive compensatory time off in lieu of overtime pay at the rate of one hour for each overtime hour worked. The approving signature of the supervisor shall evidence entitlement to compensatory time and/or department head responsible for signing the employee’s time card before it is submitted to be paid. Each eligible employee may accumulate a maximum of 160 hours of unused compensatory time; provided, however, that all accumulated compensatory time must be used prior to the end of the year in which it is earned or will be forfeited, if not approved for cash conversion pursuant to division (f)(2) below.
         B.   After a non-exempt employee has accrued this maximum compensatory time bank, subsequently accumulated compensatory time may be used only as leave, for vacation, compensatory time leave, bereavement leave, and holidays, in addition to regularly accumulated sick leave, or personal leave.
      (2)   If at the end of each calendar year (December 31) a non-exempt employee has unused compensatory time, he or she shall be eligible to convert up to 50 hours of that compensatory time to cash, if, in the sole discretion of the Director of Finance, necessary funding is available. The calculation for converting compensatory time to cash shall be the employee’s hourly rate of pay at the time the request is made, multiplied by number of hours the employee desires to convert. It shall be the responsibility of the employee seeking to convert compensatory time to cash to make a request in writing to the Department of Finance specifying the number of hours he or she wishes to convert to cash, prior to the end of the first pay period in the new calendar year. The cash conversion shall be forwarded to the employee on the scheduled pay date.
      (3)   An employee with accumulated compensatory time may request leave, which will be charged against such accumulated compensatory time, for vacation, time off, bereavement leave, or holidays and shall be granted such leave so long as the granting of said leave does not unduly disrupt city operations as determined by the non-exempt employee’s supervisor, department head or the Mayor.
      (4)   All non-exempt employees shall, upon retirement, be paid for all accumulated compensatory time up to 160 hours at an hourly rate equal to the employee’s final regular hourly rate. In the event of an employee’s death, such compensation shall be paid to the employee’s estate.
      (5)   Exempt employees are not entitled to overtime pay or formal compensatory time. However, the policy of the city shall be to allow exempt personnel to take time off from their duties during normal business hours, when they have devoted time in excess of the normally expected time commitment associated with the nature of their positions, provided that they receive the approval of the Mayor to take such time off from his or her duties.
(Ord. 6596, passed 5-14-1974; Ord. 6908, passed 9-21-1976; Ord. 111-93, passed 10-19-1993; Ord. 79-94, passed 7-19-1994; Ord. 123-01, passed 7-17-2001)