ADMINISTRATIVE ORDER NO. 2023-3
ADMINISTRATIVE ORDER AMENDING THE OGDEN CITY PERSONNEL POLICIES AND PROCEDURES MANUAL.
WHEREAS, the Ogden City personnel policy manual requires amendments to Section 5-10: Compensatory Time.
NOW, THEREFORE, I, Michael P. Caldwell, Mayor of Ogden, as Chief Executive Officer and pursuant to the authority granted me by Section 2-6-1 of the Ogden Municipal Code, and pursuant to the procedures outlined in Ogden City Administrative Policy No. 1702, hereby order that the Ogden City Personnel Policies and Procedures Manual be amended as follows:
SECTION 1. Section amended. Section 5-10 of the Ogden City Personnel Policies and Procedures Manual is hereby amended to read and provide as follows:
A. [Development Of Policy:] This compensatory time policy has been developed through management-employee discussions and review. This policy reflects the final "understanding" of management and employees regarding the City's existing compensatory time policy.
B. [Defined:] "Compensatory time" is defined as the accrued time credits an employee may use as paid time off work, subject to department and City policy, at the employee's normal, regular base pay rate. Like the cash equivalent under the City's overtime policy, employees earn one and one-half (1 1/2) hours of compensatory time for every hour worked after minimum overtime requirements have been met.
C. [Payout Option:] Accumulated compensatory time may be paid out annually. Any accumulated compensatory time that has not been used as of the final day of the pay period which includes March 15, or December 15, depending on which date is designated by the Department Director, may be paid out to the employee at his/her regular base pay rate on the payday following the pay period which includes March 15 or December 15. Department Directors shall designate in writing which payout period is in effect for each division eligible to receive compensatory time in lieu of overtime. Compensatory time may be carried forward to a new calendar year or fiscal budget cycle but cannot exceed the stated maximum as outlined below.
D. [Merit Employees:] Department Directors may choose by division to compensate merit employees for overtime worked with cash or compensatory time. Eligible employees accrue compensatory time in one-fourth (1/4) increments at one and one-half (1 1/2) times their regular base pay rate for hours worked over forty (40) in a workweek. Compensatory time for merit employees is allowed to accumulate up to a maximum of one hundred (100) hours. When this maximum is reached, all additional overtime hours worked must be paid in the payroll period in which it was earned.
E. [Sworn Police Officers [and Merit Employees in the Police Department]:] Full time sworn police officers [employees in the Police Department] accrue compensatory time in one-fourth (1/4) hour increments at time and one-half (1 1/2) of their regular base pay rate for hours worked over forty (40) in a work week. Compensatory time for Police Department employees is allowed to accumulate up to a maximum of one hundred twenty [(100)](120) hours. When this maximum is reached, all additional overtime hours worked must be paid in the payroll period in which it was earned. Accumulated compensatory time may be used at any time pursuant to department leave usage requirements.
F. [Full Time Public Services Employees:] Compensatory time off is only accrued in one-fourth (1/4) hour increments at a rate of one and one-half (1 1/2) times the employee's base rate for hours worked over forty (40) in a workweek. Compensatory time off is allowed to accumulate up to a maximum of two hundred (200) hours. When this maximum is reached, all additional overtime hours worked must be paid in the payroll period in which it was earned.
G. [Time Off Plans:]
1. As allowed under the Fair Labor Standards Act (FLSA), Ogden City's policy allows the Supervisor of a nonexempt employee to schedule the employee to work a differing number of hours during a pay period. This generally means the employee works more hours during one (1) portion of a pay period, and less hours during another portion of the same pay period. Time off plans are designed to control or limit the accumulation, accrual or payment of earned compensatory time or overtime pay by one (1) or more employees. Employees benefit with reduced work periods while still earning their full time compensation.
2. Department Directors can implement time off plans for one (1) or more of their respective employees as a tool to better manage the time, staff, money and other resources available to their department.
3. The following is an example of a time off plan:
If the employee works fifty (50) hours in the first week of the pay period, the first forty (40) hours are at straight time pay and the remaining ten (10) hours must be credited at time and one-half (1 1/2), or fifteen (15) hours equivalent to straight time pay. In the second week of the pay period, the employee is scheduled to work twenty five (25) hours only, and is off the rest of the week. The employee earns full compensation, since fifteen (15) hours of equivalent straight time pay is carried into the second week from the first week.
/s/ Michael P. Caldwell
Michael P. Caldwell, Mayor
ATTEST:
/s/ Tracy Hansen
City Recorder
APPROVED AS TO FORM: AMB 05-01-23
Legal Date