153.06 OVERTIME.
(a) Except for those employees not covered by the overtime provision of the Fair Labor Standards Act, or the regulations promulgated pursuant thereto, all full-time employees and all eligible part-time employees shall be compensated at the rate of one and one-half (1-1/2) times the employee's regular hourly rate for that time actually worked in excess of forty (40) hours during a seven (7) day work week when approved by that employee's Department Head for employees who are normally scheduled to work a forty (40) hour week. Part-time firefighters shall be compensated at the rate of one and one-half (1-1/2) times the employee's regular hourly rate for time actually worked in excess of fifty-three (53) hours in a seven (7) day work period.
(b) All overtime shall be approved in advance by an employee's Department Head, unless there exists an emergency that threatens the health, safety or welfare of the Municipality.
(c) If an employee is scheduled for training or seminars while on vacation or holiday, the employee shall be paid regular time and restored that vacation or holiday time lost. No overtime will be paid in this situation.
(d) Time changes relevant to daylight savings shall not entitle the Municipality to dock pay nor to pay additional time on those days, as same will balance out.
(e) All full-time employees, shall, at their election, be able to accrue compensatory time at one and one-half (1-1/2) times the number of overtime hours worked in lieu of cash payment at the same rate that overtime would have been calculated (time and one-half vs. straight overtime), up to a maximum of one hundred twenty (120) hours. In the event an employee works overtime when his "compensatory time bank" is at one hundred twenty (120) hours, he or she shall be paid cash for such overtime. Employees shall be required to cash out all accumulated comp time over forty (40) hours and have the option of cashing out all accumulated hours of comp time at the end of each calendar year. Any unused comp time will be cashed out upon the employee's separation from employment.
(f) Holidays, compensatory time, personal/miscellaneous days and vacation time, shall be considered time actually worked. Sick leave and bereavement leave will not be considered time actually worked for the purposes of calculating overtime.
(g) Those full-time employees called to work on an emergency basis outside of their scheduled working hours shall be paid at their regular hourly rate and shall be paid for a minimum of three (3) hours. In the event that the hours worked on an emergency basis as provided in this subsection are subject to the overtime provisions of subsection (a) hereof, then such employees shall be paid at one and one-half (1-1/2) times their regular hourly rate for a minimum of three (3) hours and thereafter in increments of fifteen (15) minutes.
(h) Full-time Department Heads and the Assistant Fire Chief/Fire Marshal shall be entitled to compensatory time of one (1) hour for each hour actually worked in excess of forty (40) hours in a seven (7) day work period. The compensatory time authorized herein may be accumulated to a maximum total of eighty (80) hours. Compensatory time used from this accumulation shall only be used with the approval of the Mayor. The overtime provisions of this subsection are not required by the Fair Labor Standards Act and are accorded to the employees covered by this subsection at the sole discretion of the Municipality with the Municipality reserving the right to rescind the overtime granted herein. Any unused comp time will be cashed out upon the Department Head's separation from employment.
(i) Any secretarial or clerical employee who attends a meeting of Council or Planning and Zoning or Architectural Review Board or any other meeting when requested by the Mayor or Council for the purpose of recording the minutes of such meetings shall receive compensation at the rate of one and one-half (1-1/2 times) the normal hourly rate as established herein. The secretarial or clerical employee attending the meeting shall be paid for a minimum of two (2) hours for such attendance.
(j) When a Service Department employee is called in to work during the hours between 12:00 midnight and 8:00 A.M. and the Service Director deems the situation to be an emergency, that employee will be compensated at rate of one and one half (1-1/2) times his regular rate of pay.
(k) When a full-time Service Department employee is assigned by the Service Director to work as a crew leader for a minimum of four (4) hours on a single shift, that employee shall be compensated an additional two dollars ($2.00) per hour for each hour actually worked in that capacity.
(l) Part-time Firefighters who respond to shift or general calls, or any other emergency or manpower call-in sanctioned in accordance with Fire Department Rules and Regulations, Standard Operating Procedures, and/or Standard Operating Guidelines, shall receive minimum pay of two (2) hours of overtime compensation calculated at one and one-half (1-1/2) times their rate of pay and every hour thereafter will be paid at their assigned rate of pay, provided that the responding employee arrives to the Fire Station within thirty (30) minutes of the official call-in time recorded in Dispatch. Where the response is prior to the beginning of an employee's assigned shift, the employee may sign a call-in sheet if the official call-in time is greater than or equal to thirty (30) minutes prior to the beginning of the employee's assigned shift time. If any assistance is rendered by the employee within the thirty (30) minute period prior to the beginning of the shift, the employee may sign in early for the shift and be compensated accordingly. For shift or general recalls, or any other emergency or manpower call-in lasting longer than two (2) hours, the Fire Chief may permit exceptions to the thirty (30) minute response time.
(m) Part-time employees shall have the option of banking up to forty (40) hours of regular or overtime hours. These hours may only be used when the employee takes a bereavement, sick or vacation day in place of a regularly scheduled work day. The employee shall have the option of cashing out any unused hours at the end of the calendar year.
(Ord. 2023-18. Passed 12-4-23.)