249.35 OVERTIME.
   (a)   Overtime is generally discouraged and is for emergency, special or unusual situations only. All overtime, except urgent emergency situations, must be prior approved, in writing, by the appointing authority, upon request of the department head.
      (1)   In the event of urgent, emergency situations, the department head may approve overtime. Within twenty four hours of such overtime, however, the department head shall submit to the appointing authority, in writing, his or her reasons for the overtime and the total hours necessary to resolve the urgent emergency situation. The appointing authority shall take each instance of such overtime on a case by case basis and may, at his or her discretion, apply disciplinary action against any department head for abuse or unnecessary use of overtime. In all cases, however, employees who work overtime shall be entitled to payment in the form of cash.
      (2)   Salaried employees, department heads and other professional, administrative or executive personnel are exempt from overtime payment. Specifically, this exemption applies to the following classifications: Fire Chief, Police Chief Public Works Superintendent, Safety-Service Director, Wastewater Treatment Plant Superintendent, Park and Recreation Director, Chief Deputy Auditor, Municipal Court Clerk, Clerk of Council, Income Tax Administrator and Water Treatment Plant Superintendent.
      (3)   Employees who are not specifically exempted shall receive cash payment for hours actually worked in excess of forty in one work week, at the rate of one and one-half times their regular rate of pay. Employees who work the sixth day of the designated work week shall be paid one and one-half times for such time worked. Employees who work on the seventh day of the work week shall be paid double time for such time worked. Pyramiding of overtime, however, is not permitted. The Safety-Service Director and other appointing authorities shall designate the sixth and seventh days of the work week for their respective departments.
      (4)   For the purpose of this section, paid sick leave, paid holidays and paid vacation shall not be considered time worked. Likewise, time spent traveling and time spent overnight on official City business, outside of the employees work schedule, shall not be considered time worked for purpose of calculating overtime. Scheduled overtime, which is subsequently cancelled, for any reason, shall not entitle an employee to any overtime.
      (5)   Except as otherwise provided herein, no employee shall take compensatory time off in lieu of overtime cash payment.
   (b)   The Chief Deputy Court Clerk and Deputy Court Clerk(s) who work overtime shall have the option of taking compensatory time off or receiving overtime pay. If the employee chooses to take compensatory time off in lieu of overtime pay, he/she shall receive one and one-half hours compensatory time off for each hour of overtime worked or two hours compensatory time off for each hour of overtime worked, whichever is applicable. An employee may accumulate up to forty hours of unused compensatory time. All overtime worked which would create compensatory time in excess of the forty hours shall be paid at the appropriate overtime rate.
      (1)   The employee must indicate in writing his or her desire to receive compensatory time in lieu of overtime pay during the pay period in which the overtime is worked, or such overtime shall be paid. Once the employee has elected to receive compensatory time, such time shall not be redeemable for an overtime cash payment.
      (2)   Compensatory time off shall be subject to the approval of the department head and shall be used within the twelve-month period following the date the overtime was worked, at a time which is mutually convenient to the employee and the department head. The employee may carry over unused compensatory time for a period not to exceed twelve months if the employee has requested the time off but been refused by the department head.
(Ord. 02-013. Passed 8-26-02.)