254.39  REDUCED HOURS; BENEFITS.
   (a)   The purpose of this section is to authorize appointing authorities to selectively reduce the number of hours worked by eligible employees in eligible positions for the purpose of conserving funds, and to continue to extend certain benefits to employees who are compelled, because of austerity, to accept fewer hours of work. This section shall not apply to positions normally considered as part-time or seasonal, and in all cases in which there may appear to be a conflict between this section and the employment agreement between the City and its nonuniformed employees, the provisions of the employment agreement shall prevail.
   (b)   In order for an employee to be entitled to the benefits set forth in subsection (c) hereof, he or she must occupy a position which has all of the following characteristics:
      (1)   The position has been authorizes) in the appropriate department for the purpose of hiring an employee for full-time service, that is, the standard work week of forty hours worked.
      (2)   The position is included in the list of positions and classifications contained in Appendix A or Appendix B of the agreement between the City and its nonuniformed employees, or the position is one which was established after such agreement was executed and one which has been assigned to or given the equivalency of assignment to Appendix A or Appendix B of such agreement.
      (3)   The position has been reduced by the appointing authority, for the sole purpose of conserving funds, to a work week of thirty-two or more hours actually worked each week.
(Ord. 81-103. Passed 12-21-81.)
   (c)   Classified employees who voluntarily accept assignment to a position which qualifies under subsection (b) hereof, and unclassified employees who are assigned to such qualifying positions, shall be considered for all intents and purposes as full-time employees of the City, and shall be entitled to benefits as such under the employment agreement between the City and its nonuniformed employees. However, salaries, wages and PERS benefits paid to such employees shall be computed on the basis of hours actually worked and not on the basis of a standard forty-hour work week. For purposes of applying the rules established in this section, the following shall apply:
      (1)   Employees who are assigned to a qualifying position under subsection (b) hereof shall accrue vacation leave benefits and sick leave benefits as if they were otherwise assigned to and working forty hours each. week.
      (2)   The standard work week of such employees shall be modified from forty hours to the number of reduced hours assigned by the appointing authority. Persons serving in a position which qualifies under the provisions of this section shall be entitled to receive compensatory time-off or overtime payment for any hours worked in excess of the number of hours established as the standard work week in any given week. Whether or not the employee receives compensatory time-off or overtime payment shall be determined under the appropriate provisions of the contract between the City and its nonuniformed employees.
(Ord. 82-12. Passed 2-1-82.)
   (d)   No employee shall qualify for consideration under this section, unless the employee's appointing authority certifies, in writing, to the Department of Personnel, all of the following: .
      (1)   The fact that an employee's work week has been reduced to not fewer than thirty-two hours per week actually worked;
      (2)   The fact that the reduction has been accomplished solely for the purpose of conserving funds;
      (3)   The fact that the employee, if classified, has voluntarily accepted the reduction in hours of work per week; and
      (4)   The fact that all other requirements of this section have been established and will be observed. A copy of such written certification shall be sent to the City Auditor.
(Ord. 81-103. Passed 12-21-81. )