(a) Purpose and Scope. This section shall outline basic policies and procedures governing control of, approval, use and payment for overtime. It is applicable to all Municipal employees, except where expressly stated otherwise, or where provisions of a collective bargaining agreement may differ, in which event the collective bargaining agreement prevails.
(Ord. 1186. Passed 6-12-00.)
(b) Policy.
(1) Overtime will be used only in an “unusual emergency” or “abnormal condition”. Unusual emergency refers to unforeseeable situations involving preservation of health, welfare and safety to personnel or protection of Municipal property. Abnormal conditions refer to temporary peak workloads or seasonal requirements.
(2) The Manager will normally:
A. Approve monthly recommended distribution of overtime.
B. Approve requests for paid overtime for supervisors. (Compensatory time off is normally provided for such employees as supervisors).
(3) When requested, supervisors will receive monthly allocations of approved overtime. Within these limitations, supervisors must approve overtime usage in advance in writing, except when oral approval is required to cope with an emergency. Oral approvals will be written as soon as possible on Request for Approval of Overtime, which will be used to initiate and approve or disapprove a request for overtime. Requests for overtime will not be processed for approval earlier than the last regular workday before the date on which overtime is to be performed. This will ensure that every possibility of performing the work during regular working hours has been exhausted and the work is still such a priority that it cannot be postponed. In an unusual emergency, the Mayor and in his absence, the Vice-Mayor is authorized to make the final decision on request for overtime for supervisors, if the Manager is not available. The authority delegated herein shall not be redelegated.
(c) Responsibilities.
(1) All supervisors shall:
A. Maintain work performance records that show productivity rates during overtime versus productivity rates during regular work hours. The overtime productivity rates must meet or exceed comparable normal work units and performance standards. These records will be maintained where specific standards apply to the job and measurements can be made.
B. Comply and ensure that the conditions of this section are brought to the attention of employees under their jurisdiction.
C. Forward a report to the Manager during the first regular workday after the overtime has been performed.
(2) The Director of Finance shall:
A. Review and evaluate all requests for, and use of overtime in compliance with Municipal policy and for effective control.
B. Maintain personnel and financial records to develop personnel and dollar resource requirements.
C. Ensure that overtime does not exceed dollar resource availability.
D. Develop requests for additional dollar resources for essential overtime when adequate dollar resources are not available.
E. Prepare for the Manager an explanation of an increase in overtime used for any month in comparison with the previous month or the corresponding month of the preceding year. Include analysis in each case where:
1. An employee has been paid thirty or more hours overtime during three consecutive pay periods.
2. A supervisor has been paid overtime.
F. Maintain appropriate records for the analysis of Municipal overtime budget forecasts and actual utilization.
(3) The Manager will:
A. Review organizational components consistently requiring overtime to ensure that organization structure, operating procedures and staffing are appropriate.
B. During manpower and/or management surveys, review and evaluate request for, and use of, overtime.
C. Review work performance records to ensure that productivity rates during overtime hours are not less than productivity rates during regular working hours.
D. Develop justification for additional manpower resources when the overtime usage indicates there is a continuing requirement for a specific functional area.
E. Maintain this section in a current status and review it annually.
(d) Procedures.
(1) Normal overtime duty.
A. Supervisors shall ensure that proper controls are established for the use of overtime. No overtime will be directed unless approved.
B. Before requesting overtime, the requesting official must determine that the need for additional manhours cannot be met through regular employee hours.
C. Overtime work may be required on an employee’s non-workday, however, such work shall be avoided if possible. Overtime may also be required in excess of his regular eight-hour daily tour of duty. An employee shall not be required or authorized to work overtime if the additional work might impair his health or efficiency or cause extreme hardship.
(Ord. 436. Passed 9-12-77.)
D. Employees directed to work overtime shall be compensated by overtime pay calculated at one and one-half times the employee’s regular rate of pay. The City will comply with provisions of the Fair Labor Standards Act in administering overtime payments.
1. For non-public safety employees, overtime is work in excess of eight hours a day or forty hours in the administrative workweek, when the employee has been in a pay status during the regular work period.
2. For public safety employees who are not exempt from the overtime requirements of the Fair Labor Standards Act, overtime is work in excess of forty-three (43) hours in the administrative workweek, when the employee has been in a pay status during the regular work period.
An employee in a non-pay status during the work period that overtime entitlement is based, must make up the lost time before being entitled to overtime compensation. One-quarter hour or multiple thereof is the minimum period that shall be considered for overtime purposes. Less than fifteen-minute multiple will not be aggregated from day to day but will be dropped daily.
E. Employees called in to duty (not a continuation of a shift or where an employee is called in prior to the regular shift) shall be guaranteed a minimum of two (2) hours of work paid at applicable rates.
F. Overtime shall not be compensated twice for the same hours worked. There shall be no pyramiding of pay for the same hours worked.
(Ord. 1186. Passed 6-12-00.)
(2) Compensatory time.
A. Eligibility. Only supervisors are eligible for compensatory time off. Compensatory time will be authorized or granted for work performed on a holiday.
B. Rate of compensatory leave. Compensatory time is granted on the basis of one hour overtime worked will result in one and one-half hours compensatory time being earned and will be granted in multiples of fifteen minutes.
C. Requirement.
1. The compensatory time shall be approved no lower than described in subsection (b)(3) hereof.
2. Supervisors will receive compensatory leave for all hours ordered, approved and worked in excess of forty hours in any administrative workweek, except when paid overtime as approved by the Manager.
3. Normally, earned compensatory time shall be taken by the close of the pay period following the one in which overtime was worked. However, if an emergency precluded granting compensatory time off within this period, the time limit may be extended to the close of the fourth pay period following the pay period in which the overtime was worked, provided there is a reasonable assurance that the compensatory time off can be granted within this period. If compensatory leave cannot be granted within the prescribed time, supervisors will provide the Manager with a request to convert compensatory time to paid overtime.
(3) Gratuitous services. Supervisors shall not direct, request, suggest, encourage, authorize or take any action that implies approval for an employee to perform overtime work gratuitously. If an employee works overtime without prior approval, compensation cannot be claimed.
(4) Holiday duty.
A. When work on legal holidays is required, it must be justified based on unusual circumstances or unusual essential services. Holiday duty is work performed only during the hours that constitute an employee’s regular tour of duty. When work is ordered on a legal holiday, administrative approval will be indicated the same as required for normal overtime.
(Ord. 436. Passed 9-12-77.)
B. Regular employees authorized to observe holidays will receive basic pay for the holiday except as follows:
1. An employee notified to work on a holiday but who does not report for duty for reasons classifiable as absent without leave will not receive pay.
2. Holiday pay will not be granted while an employee is in any no pay status.
3. To be eligible for holiday pay, an employee must work the last scheduled work shift before, and the first scheduled work shift after the holiday, unless otherwise on vacation, approved, paid sick leave of four (4) or more consecutive days, or funeral leave.
C. Regular employees required to work on a holiday will be paid time and a half for hours worked on the holiday, in addition to the holiday. Employees who are required to work overtime on holidays will receive holiday pay plus time and a half for all hours worked.
(e) Forms and Reports.
(1) Each supervisor will provide an estimate of overtime requirements for the ensuing month to the Finance Director, with information copy of the Manager, on or before the 25th day of each month. (Example: Estimated overtime requirement for the month of April must be submitted by March 25.)
(2) Upon receipt of these requirements, the Finance Director shall:
A. Review the requirements with the supervisor when the total overtime requested is inconsistent with annual funding program through the reporting period.
B. Prepare and forward a consolidated report of overtime requirements for the ensuing month with appropriate recommendations to the Manager for approval by the last workday of the month preceding the requirement.
C. Notify each supervisor in writing when overtime approval for the month is received from the Manager. When a department uses its entire approved overtime program before the end of the month, it will review overtime requirements for the remainder of the month and if additional overtime is required, notify the Finance Director via written notice requesting additional dollar requirements, with a copy to the Manager. When available time precludes submitting a written request, the Manager and the Finance Director shall be notified orally of the requirement and justification which shall be followed by written request to the Finance Director for referral to the Manager.
(Ord. 436. Passed 9-12-77.)