2109.90 Trade Days Off.
   With the approval of the Bureau or Section Commander, Command Officers shall be allowed to trade days off with other Command Officers who work on the same shift and within the same Section or Unit and who are able to do the work. In addition, a Command Officer shall be permitted to trade no more than two (2) days every FLSA period with any other Command Officer of the same rank, job assignment, and bureau, regardless of shift, who is able to do the work. Written notification signed by both Command Officers involved in the trade must be provided on the form supplied by the Department. All trades must be completed within the calendar year. Command Officers shall be allowed to trade days off with themselves whenever both of the following conditions are met:
      (1)   There are no more than (10%) of the Command Officers assigned to the Section or Unit requesting the day off for either vacation time, compensatory time, or trades with themselves; and
      (2)   The trade will be completed within the work period, or, if not completed within the work period, the trade will not cause the Command Officer's non-overtime hours to exceed the maximum non-overtime hours limitation of the Fair Labor Standards Act in the work period in which the day is paid back.
   Command Officers asking for vacation days or compensatory time will be given first preference and then Command Officers requesting to trade a day off with themselves. Written notice shall be given at least three (3) days prior to the requested trade, except in the case of unforeseen emergencies which make it impossible for the Command Officer to give such advance notice. If the scheduling in the Section or Unit reduces the number of regularly assigned Command Officers at any rank to less than two, the remaining Command Officer shall be permitted to trade not less than one (1) trade per work period with himself.
   However, when conditions permit, the Chief of Police, Bureau or Section Head may, at his discretion, allow the individual Command Officer, in excess of the ten per cent (10%), to trade days off. Unit shall be defined as agreed upon by the parties for purposes of this Section.