Except as otherwise provided herein, the police and fire administrators, as described in § 42.036 above, shall generally receive the same nonsalary benefits, on the same terms and conditions as provided to other sworn officers of their respective departments in accordance with any applicable collective bargaining agreement covering sworn officers (other than police and fire administrators).
(A) Exceptions.
(1) Overtime. The police and fire administrators shall not be entitled to accumulate or accrue overtime or compensatory time compensation, the officers being deemed to be professional and administrative officers exempt under the Federal Fair Labor Standards Act from entitlement to overtime compensation or benefits.
(a) Exception. Fire Department Assistant Chiefs will be eligible to earn overtime in cases where they work voluntary overtime or are called in for work at emergency scenes.
(2) Sick time. The police and fire administrators shall, notwithstanding any other provision to the contrary, be entitled to accumulate sick time in accordance with the collective bargaining agreements of their respective departments.
(B) Future contracts; benefits. In the event the benefits provided to sworn officers of the respective departments are changed or modified, as a result of a collective bargaining agreement made or entered into after the effective date of this subchapter, then the benefits for the police and fire administrators, will be changed or modified to conform to bargaining unit provisions (subject to the restrictions provided in § 42.035 above), unless, within 60 days of the effective date of any collective bargaining agreement, the City Council, elects not to implement the changes for police and fire administrators. The provision shall not apply however, to the benefit restrictions described in divisions (A)(1) and (2) above.
(1980 Code, § 13.208) (Ord. 9138, passed 2-9-2009; Ord. 9334, passed 5-21-2018)