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The Controller shall establish payroll procedures for the various departments of the City and County. Each department head shall be responsible for adhering to those procedures.
(Amended by Ord. 161-68, App. 6/26/68; Ord. 327-00, File No. 001922, App. 12/28/2000)
(Amended by Ord. 161-68, App. 6/26/68; repealed by Ord. 327-00, File No. 001922, App. 12/28/2000)
Pursuant to Government Code Section 53245, a person now or hereafter employed by the City and County of San Francisco may file with his or her appointing officer a designation of a person who, notwithstanding any other provision of law, shall, on the death of the employee, be entitled to receive all checks that would have been payable to the decedent had he or she survived. The employee may change the designation from time to time. A person so designated shall claim such checks from the Controller. On sufficient proof of identity, the Controller shall deliver the checks to the claimant. Effective July 1, 1996, if an employee has not filed a designation of a person to receive his or her checks upon his or her demise, any checks due to that employee may be made payable to the estate of said employee and delivered by the Controller to the beneficiary named pursuant to section 16.79 of the Administrative Code.
(Added by Ord. 85-96, App. 3/1/96; amended by Ord. 327-00, File No. 001922, App. 12/28/2000)
(Amended by Ord. 205-78, App. 4/21/78; repealed by Ord. 327-00, File No. 001922, App. 12/28/2000)
Pursuant to the provisions of Section 6.303 of the Charter, all salaries and wages earned by employees of the City and County shall be payable bi-weekly in accordance with regulations established by the Controller.
(Amended by Ord. 161-68, App. 6/26/68; Ord. 327-00, File No. 001922, App. 12/28/2000)
(Amended by Ord. 161-68, App. 6/26/68; repealed by Ord. 327-00, File No. 001922, App. 12/28/2000)
(Added by Ord. 441-81, App. 8/21/81; repealed by Ord. 327-00, File No. 001922, App. 12/28/2000)
Pursuant to the Fair Labor Standards Act of 1938 as amended, Title 29 U.S.C. 201 et seq. and, in particular, Section 207 thereof and pursuant to implementing regulations in 29 C.F.R. parts 500 to 899 and, in particular, parts 778 thereof, the City and County of San Francisco hereby adopts as its official work period (or work week) a seven-day 168-hour period commencing on Saturday 12:01 a.m. April 5, 1986, and ending on midnight of Friday 12:00 p.m. April 11, 1986, and continuing at recurring work periods of seven consecutive 24-hour periods or 168 consecutive hours thereafter.
This work period shall be applicable to all officers and employees of the City and County of San Francisco except where a board, commission or appointing officer after meeting and conferring regarding the impact insofar as required by State law, has made a written election under the Fair Labor Standards Act of a different work period for some or all of the employees under its jurisdiction.
(Added by Ord. 152-86, App. 5/2/86)
(a) Employees may only work overtime if authorized by an appointing officer or designee, and employees may not assign themselves to work overtime. Appointing officers or designees shall only assign overtime when work cannot be completed within normal work schedules. Except as provided for below, absent prior approval of the Director of Human Resources (or, if appropriate, the Director of the Municipal Transportation Agency), no appointing officer shall suffer or permit any employee to: (i) work overtime hours that exceed, in any fiscal year, twenty-five percent (25%) of the number of hours that the employee is regularly scheduled to work on a straight-time basis in that fiscal year (i.e., 520 hours for a full-time 2080 hour per year employee); or, (ii) work more than seventy-two (72) hours in a regular work week, except that this subsection (a)(ii) does not apply to uniformed Fire Department employees who do not work a standard 40 hour work week. For the purpose of calculating the maximum number of overtime hours an employee is permitted to work under this Section, hours attributed to vacation and other paid leaves shall be deemed included in the hours the employee is regularly scheduled to work on a straight-time basis in a fiscal year.
(b) An appointing officer may request an exemption from subsection (a) from the Director of Human Resources (or, if appropriate, the Director of the Municipal Transportation Agency) based upon a critical staffing shortage according to criteria developed by the Director of Human Resources and the Director of Transportation in consultation with the Controller's Office. Such criteria shall promote efficiency and advance public service. If an exemption is granted, the Director of Human Resources (or, if appropriate, the Director of the Municipal Transportation Agency), shall provide to the Controller a written explanation of the details justifying the exemption. Such an exemption shall be specific as to position(s) and/or job classification(s) based on operational needs, and, for example, may provide that exempted employee(s) may work hours in excess of those described in subsection (a)(i) if doing so would avoid mandatory overtime.
(c) The provisions of Subsection (a) shall not apply to overtime worked by any employee where the City and County of San Francisco incurs no direct or indirect additional costs and where the employee acquires no right to compensatory time off. For the purposes of this Section, "direct or indirect additional costs" includes any additional salary, wages, compensatory time or any other benefit provided at that time or deferred until a later date.
(d) At such time that the Controller deems appropriate, the City will evaluate an alternative payroll configuration to track overtime which is specifically and directly funded by private non-governmental sources and develop criteria to exempt such overtime from the requirements of subsection (a)(i) above.
(e) An appointing officer may assign overtime hours exempt from subsection (a) above in the event of disasters, and like emergency situations where such overtime assignments are necessary to protect public safety.
(f) At such time as the Controller submits to the Board of Supervisors six and nine month standard financial reports and, if performed, three month reports, the Controller shall include budgeted overtime versus actual overtime projections in such reports. These reports shall also describe the extent to which each department has complied with the requirements of this section. The Controller, in consultation with the Director of Human Resources and the Director of Transportation, shall also submit an annual overtime report to the Board of Supervisors. The annual overtime report shall include budgeted and actual overtime by department, the number of exemptions granted by the Directors of the Human Resources Department and the Municipal Transportation Agency and an aggregate analysis of the justifications for these exemptions, the identification of critical staffing shortages, improved management practices, and other recommendations to reduce overtime spending.
(g) A hearing on the reports described in subsection (f) shall be calendared as a standing agenda item of the Budget and Finance Committee or another fiscal committee of the Board of Supervisors as determined by the President of the Board of Supervisors.
(h) If the reports described in subsection (f) identify any departments out of compliance with this section, then a hearing on each such department's noncompliance will be calendared as an agenda item of the Budget and Finance Committee or another fiscal committed of the Board of Supervisors as determined by the President of the Board of Supervisors, at which hearing each Appointing Officer or designee for such department will report his or her department's plan for coming into compliance with this section.
(i) This ordinance is not intended to supersede overtime distribution rules contained in approved memoranda of understanding with the City's exclusive representatives except as necessary to ensure compliance with subsection (a) above to the extent allowable by State or local law.
(Formerly Sec. 18.13; added by Ord. 211-88, App. 5/25/88; amended by Ord. 138-95, App. 5/5/95; Ord. 428-97, App. 11/17/97; amended and renumbered by Ord. 327-00, File No. 001922, App. 12/28/2000; amended by Ord. 197-08, File No. 080441, App. 8/22/2008; Ord. 84-09, File No. 090286, App. 5/20/2009; Ord. 193-11, File No. 110503, App. 9/27/2011, Eff. 10/27/2011; Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014)
(Added by Ord. 327-00, File No. 001922, App. 12/28/2000; repealed by Ord. 84-09, File No. 090286, App. 5/20/2009)
(a) Each department or office, through the head thereof or an employee designated by him or her, shall initially report all employees currently employed by that department or office, and thereafter shall report all employees who are newly hired or rehired or returning to work from a lay off, furlough, separation, leave of absence without pay, or termination to the Controller at such times and in such manner as the Controller, by regulation, may require.
(b) It shall be the duty of the Controller to report information required by the State Employment Development Department.
(Added by Ord. 2-95, App. 1/13/95; amended by Ord. 327-00, File No. 001922, App. 12/28/2000)