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(A) Employees of the city can be requested and may be required to work overtime hours as necessitated by the needs of the city and determined by the department head, with the prior approval of the City Manager. The standard workweek (168 consecutive hours) for the city is Wednesday, 12:01 a.m. to Tuesday 12:00 midnight. With approval of the City Manager, the standard workweek may be changed at the request of the department head(s).
(B) To the extent that local governmental jurisdictions are so required, the city will comply with the Fair Labor Standards Act (FLSA). The City Manager, assisted by the personnel specialist, shall determine which jobs are “non exempt” and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions. Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7-day period; hours for public safety personnel may be different). Hours worked by non-exempt employees beyond the FLSA established limit will be compensated in either time or pay at the appropriate overtime rate. Compensatory time may be granted if requested by the employee and approved by the Department Head. In no event shall the amount of compensatory time exceed the maximum accumulation of compensatory time for each department, except that in emergency and/or special situations the City Manager may approve additional compensatory time over and above the maximum allowed. Non-exempt employees who have accumulated the maximum amount of compensatory time will be paid for all hours worked. Maximum accumulation of compensatory time shall be set as follows:
Personnel
|
Maximum Accumulation of Compensatory Time
|
Exempt personnel | 60 hours |
Non-exempt personnel | 80 hours |
Public safety - fire | 240 hours |
Public safety - police | 240 hours |
(C) In determining eligibility for overtime in a work period, only hours actually worked shall be considered; in no event will vacation, sick leave, compensatory time taken, or holidays be included in the computation of hours worked for FLSA purposes. Whenever practicable, departments will schedule time off on an hour for hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be paid in accordance with the FLSA.
(D) In emergency situations, where employees are required to work long and continuous hours, the City Manager may approve compensation at time and one half for those hours worked and/or grant time off with pay for rest and recuperation to ensure safe working conditions.
(E) Employees in positions determined to be “exempt” from the FLSA (as executive, administrative, or professional staff) will not receive pay for hours worked in excess of their normal work periods. These employees will be granted compensatory leave by their department heads where the convenience of the department allows and in accordance with procedures established by the City Manager. Such compensatory time is not guaranteed to be taken and ends without compensation upon separation from the organization.
(Ord. passed 5-17-94; Am. Ord. passed 11-17-98; Am. Ord. passed 11-16-99; Am. Ord. passed 1-17-02; Am. Ord. passed 2-18-14)
The city provides a continuous 24-hour a day, seven-day a week-service to its customers. Therefore, it is necessary for certain employees to respond to any reasonable request for duty at any hour of the day or night. One of the conditions of employment with the city is the acceptance of a share of the responsibility for continuous service, in accordance with the nature of each job position. If an employee fails to respond to reasonable calls for emergency service, either special or routine, the employee shall be subject to disciplinary actions up to and including dismissal.
(A) Call back. Non-exempt full-time employees will be guaranteed a minimum payment of two hour’s wages for being called back to work outside of normal working hours. “Call back” provisions do not apply to previously scheduled overtime work or employees who are called to work while serving in a “on call” capacity. Hours worked when responding to emergency call-back will be compensated at time and one-half.
(B) On call. Non-exempt full-time employees required to be on “on call” duty will be paid for eight hours of work for each week (approximately 128 hours, excluding work time) of on call time they serve. On call compensation for less than one full week shall be determined by the ratio of .062 hours of pay per one hour of on call time. Hours actually worked while on call are calculated beginning when the employee reports to the work site and are added to the regular total of hours worked for the week. On call time is defined as that time when an employee is required and must remain near an established telephone or within the restricted beeper range.
(Ord. passed 5-17-94; Am. Ord. passed 10- -98; Am. Ord. passed 11-16-99; Am. Ord. passed 8-29-09; Am. Ord. passed 10-16-2012)
It is the policy of the city to foster, maintain and promote equal employment opportunity. The city shall select employees on the basis of the applicant’s qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, national origin, non-disqualifying related handicap, political affiliation, or marital status. Applicants with physical handicaps shall be given equal consideration with other applicants for positions in which their physical handicaps do not prevent them from performing the essential functions of the job.
(Ord. passed 5-17-94; Am. Ord. passed 11-17-98)
All personnel responsible for recruitment and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable, job related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, non-job-related handicap, national origin, political affiliation, or marital status. Notices with regard to equal employment matters shall be posted in conspicuous places on city premises in places where notices are customarily posted.
(Ord. passed 5-17-94)
Subject to the provisions of the city promotion policy as set out in § 10-4.5:
(A) Recruitment sources. When position vacancies occur, department/division heads shall notify the City Manager or their designee concerning the number and classification of the position(s) which are to be filled. The Manager’s Office or his or her designee shall publicize these opportunities for employment either internally, externally or both, including applicable salary information and employment qualifications. Information on job openings and hiring practices for positions open to external candidates shall be provided to recruitment sources, including organizations and news media available to minority applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites within departments. Individuals shall be recruited from a geographic area as wide as necessary to ensure that well qualified applicants are obtained for city service. The North Carolina Employment Security Commission should normally be used as a potential recruitment source for external job postings.
(B) Job advertisements. Employment advertisements (internal job postings and external job postings) shall contain assurances of equal employment opportunity and shall comply with federal and state statutes.
(C) Application for employment. All persons expressing interest in employment with the city shall be given the opportunity to file an application approved by the City Manager for employment for positions which are vacant. As part of the application process, each person shall provide a criminal history check under Article IX of Chapter 2. Existing employees who are internal candidates applying for a different position will not be required to submit an additional application for employment.
(D) Application reserve file. Applications shall be kept in an inactive reserve file for a period of six months, in accordance with Equal Employment Opportunity Commission guidelines.
(E) Selection. Department/Division heads, in coordination with the Human Resource Department and the City Manager shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position. All selection devices administered by the city shall be valid measures of job performance.
(F) Appointment. Before any commitment is made to an applicant either internal or external, the department/division head shall make recommendations to the Director of Finance and Personnel who will verify the accuracy of the applicant information and insure the recommendations adhere to the Personnel Ordinance. The Director of Finance and Personnel will forward the recommendation to the City Manager who shall review and approve the recommendation of the position to be filled, the salary to be paid, and the reasons for selecting the candidate over other candidates. The City Manager shall approve appointments and the starting salary for all applicants.
(Ord. passed 5-17-94; Am. Ord. 11-17-98; Am. Ord. passed 1-17-02; Am. Ord. passed 10-21-08; Am. Ord. passed 8-29-09; Am. Ord. passed 2-18-14)
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