(a) Any work in excess of the regular work week and the regular work day shall be compensated at the overtime premium as set forth herein. For the purpose of calculating overtime, all leave with pay granted elsewhere in this chapter, with the exception of sick leave and jury leave, shall be included as work actually physically performed.
(b) Overtime work may be authorized in cases of emergency absolutely necessitating such overtime work and, in such event, may be authorized by an administrative director, subject to the approval of the Mayor, or by the President of Council as to employees of Council.
(c) The directors of departments, the Secretary to the Mayor, secretaries to the directors of departments, secretaries to boards and commissions, Clerk of Council and attorneys in the Department of Law shall not be entitled to compensation in money or time off for hours worked on a holiday, or each hour worked in excess of eight (8) hours per day or for each hour worked in excess of forty (40) hours during any work week.
(d) Any employee of the City not engaged in fire protection or law enforcement activities and exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as amended, may receive at the discretion of the Director of the employee's Department, or the appointing authority of those employees not in a Department administered by a Director:
(1) Compensation in money at a rate not to exceed one and one-half (1.5) times the rate of hourly pay established for such employee for all hours worked on a holiday and for each hour worked in excess of eight (8) hours per day or in excess of forty (40) hours in any work week; or
(2) Time off from the performance of duty during regular hours of work at a rate not to exceed one hour for each hour worked on a holiday and for each hour worked in excess of eight (8) hours per day or in excess of forty (40) hours during any work week. The time off shall be used within thirty (30) days after it was earned or it shall be forfeited. The director of the employee's department or the appointing authority of those employees not in a department administered by a director shall determine when an employee may use such time off.
(e) An employee of the City not exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as amended, shall be entitled to overtime compensation of a rate of one and one-half (1.5) his/her regular hourly rate times the hours worked in excess of eight (8) hours per day or in excess of forty (40) hours per week or for all hours worked on a holiday either in money or time off in accordance with the Fair Labor Standards Act of 1938, as amended. Accrued time off for such employees shall not be forfeited at any time.
(f) The Chief of Police and the Fire Chief shall not be entitled to compensation in money or time off for hours worked on a holiday, for each hour worked in excess of eight (8) hours per day or for each hour worked in excess of forty (40) hours during any work week.
(g) The employees of the City engaged in fire protection or law enforcement activities, employed in a bona fide executive, administrative or professional capacity, other than the Chief of Police and Fire Chief, and not covered by a collective bargaining agreement with an employee organization representing employees may receive overtime compensation in accordance with subsection (d) hereof.
(Ord. 89-10. Passed 6-17-91.)