(A) Position classifications. The city hereby classifies the job positions held by the city’s employees as either exempt or non-exempt for the purposes of compliance with the FLSA. The classification for each job position within the city is contained on the attached Exhibit A, which is adopted by reference.
(B) Non-exempt employees; compensatory time off.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVILIAN EMPLOYEE. All city employees not employed as professional police employees or professional fire employees.
PROFESSIONAL FIRE EMPLOYEE. Professional fire personnel.
PROFESSIONAL POLICE EMPLOYEE. Professional police personnel.
(2) Non-exempt civilian employees: standard workweek and overtime.
(a) The standard workweek for full-time non-exempt civilian employees is either 37.5 or 40 hours.
(b) Any hours worked in excess of the non-exempt civilian employee’s regularly scheduled hours per workweek must have the prior approval of the employee’s department head or the department head’s designee. Any hours worked by a non-exempt civilian employee in excess of his or her regularly scheduled hours for the workweek must fall within the department’s budgetary limitations, except in the case of an emergency.
(c) Non-exempt civilian employees are required to report all hours worked on a personal time sheet that is signed by the employee’s department head or the department head’s designee. Failure to accurately report hours worked shall result in employee discipline.
(d) Non-exempt civilian employees shall be entitled to compensation at their regular hourly rate for each hour (of portion of an hour) worked in excess of 37.5, but less than or equal to 40 hours in any workweek.
(e) If non-exempt civilian employees are required to perform work for more than 40 hours in a workweek, those employees shall be entitled to overtime compensation at the rate of one and one- half times their regular hourly rate or to compensatory time off as outlined in division (B)(3) below for any hour (or portion of an hour) worked in excess of 40.
(3) Non-exempt civilian employees: compensatory time off.
(a) As used within this division (B)(3), DEPARTMENT HEAD shall refer to the department head for the applicable non-exempt civilian employee or the department head’s designee.
(b) When a non-exempt civilian employee works more than 40 hours in a workweek, the department head, at his or her discretion, may substitute compensatory time off for overtime pay. In order to substitute compensatory time off for overtime pay, however, the department head must have an understanding with the non-exempt civilian employee that the substitution of compensatory time off may be made for overtime compensation. This understanding shall exist prior to the non-exempt civilian employee’s performance of the overtime work.
(c) Where compensatory time off is substituted for overtime pay, the non-exempt civilian employee shall be entitled to compensatory time off at the rate of one and one-half hours of compensatory time off for each hour worked in excess of 40 in a workweek.
(d) Where a non-exempt civilian employee earns compensatory time off, the employee shall be allowed to accrue a compensatory time off balance up to 40 hours. Once a non-exempt civilian employee has accrued a balance of 40 hours of compensatory time off, the employee shall not accrue any additional compensatory time off until the non-exempt civilian employee’s compensatory time off balance is reduced below 40 hours.
(e) Where a non-exempt civilian employee has accrued a balance of 40 hours of compensatory time off, the employee will be paid overtime for any hours worked in excess of 40 in a workweek until such accrued balance is reduced below 40 hours.
(f) Non-exempt civilian employees must submit requests to use earned compensatory time off to their department head. Department heads shall allow non-exempt civilian employees to use accrued compensatory time off within a reasonable period of time after the employee has made such a request, subject to the department head’s discretion as to the needs of the department and in a manner that will not unduly disrupt the operations of the department.
(g) Under no circumstances may a non-exempt civilian employee take compensatory time off until the employee has earned compensatory time off.
(h) In the city’s discretion, the city may elect to pay out accrued but unused compensatory time off at any point during the calendar year, but in all cases employee accrued but unused compensatory time off balances shall be paid out in full by the end of the calendar year or upon separation from employment.
(4) Non-exempt professional police employees: standard work period and overtime.
(a) The standard work period for full-time non-exempt professional police employees is 14 days.
(b) Any hours worked in excess of 85.5 hours per work period must have the prior approval of the Police Chief, or the Police Chief’s designee. Any hours worked by a non-exempt professional police employee in excess of 85.5 must fall within the department’s budgetary limitations, except in the case of an emergency.
(c) Non-exempt professional police employees are required to report all hours worked on a personal time sheet that is signed by the Police Chief or the Police Chief’s designee. Failure to accurately report employee hours worked shall result in employee discipline.
(d) If non-exempt professional police employees are required to perform work for more than 85.5 hours in a work period, those employees shall be entitled to overtime compensation at the rate of one and one-half times their regular hourly rate or to compensatory time off as outlined in division (B)(5) below for any hour (or portion of an hour) worked in excess of 85.5.
(5) Non-exempt professional police employees: compensatory time off.
(a) As used within this division (B)(5), POLICE CHIEF shall refer to the Police Chief for the city or the Police Chief’s designee.
(b) When a non-exempt professional police employee works more than 85.5 hours in a given work period, the Police Chief, at his or her discretion, may substitute compensatory time off for overtime pay. In order to substitute compensatory time off for overtime pay, however, the Police Chief must have an understanding with the non-exempt professional police employees, or their representative, that the substitution of compensatory time off may be made for overtime compensation. This understanding shall exist prior to the non-exempt professional police employee’s performance of the overtime work.
(c) Where compensatory time off is substituted for overtime pay, the non-exempt professional police employee shall be entitled to compensatory time off at the rate of one and one-half hours of compensatory time off for each hour worked in excess of 85.5 in a work period.
(d) Where a non-exempt professional police employee earns compensatory time off, the employee shall be allowed to accrue a compensatory time off balance up to 40 hours. Once a non-exempt professional police employee has accrued a balance of 40 hours of compensatory time off, the employee shall not accrue any additional compensatory time off until the non-exempt professional police employee’s compensatory time off balance is reduced below 40 hours.
(e) Where a non-exempt professional police employee has accrued a balance of 40 hours of compensatory time off, the employee will be paid overtime for any hours worked in excess of 85.5 in a work period until such accrued balance is reduced below 40 hours.
(f) Non-exempt professional police employees must submit requests to use earned compensatory time off to the Police Chief. The Police Chief shall allow non-exempt professional police employees to use accrued compensatory time off within a reasonable period of time after the employee has made such a request, subject to the Police Chief’s discretion as to the needs of the Department and in a manner that will not unduly disrupt the operations of the Department.
(g) Under no circumstances may a non-exempt professional police employee take compensatory time off until the employee has earned compensatory time off.
(h) In the city’s discretion, the city may elect to pay out accrued but unused compensatory time off at any point during the calendar year, but in all cases employee accrued but unused compensatory time off balances shall be paid out in full by the end of the calendar year or upon separation from employment.
(6) Non-exempt professional fire employees: standard work period and overtime.
(a) The standard work period for full-time non-exempt professional fire employees is 28 days.
(b) Any hours worked in excess of 212 hours per work period must have the prior approval of the Fire Chief, or the Fire Chief’s designee. Any hours worked by a non-exempt professional fire employee in excess of 212 must fall within the Department’s budgetary limitations, except in the case of an emergency.
(c) Non-exempt professional fire employees are required to report all hours worked on a personal time sheet that is signed by the Fire Chief or the Fire Chief’s designee. Failure to accurately report employee hours worked shall result in employee discipline.
(d) If non-exempt professional fire employees are required to perform work for more than 212 hours in a work period, those employees shall be entitled to overtime compensation at the rate of one and one-half times their regular hourly rate or to compensatory time off as outlined in division (B)(7) below for any hour (or portion of an hour) worked in excess of 212.
(7) Non-exempt professional fire employees: compensatory time off.
(a) As used within this division (B)(7), FIRE CHIEF shall refer to the Fire Chief for the city or the Fire Chief’s designee.
(b) When a non-exempt professional fire employee works more than 212 hours in a given work period, the Fire Chief, at his or her discretion, may substitute compensatory time off for overtime pay. In order to substitute compensatory time off for overtime pay, however, the Fire Chief must have an understanding with the non-exempt professional fire employees, or their representative, that the substitution of compensatory time off may be made for overtime compensation. This understanding shall exist prior to the non-exempt professional fire employee’s performance of the overtime work.
(c) Where compensatory time off is substituted for overtime pay, the non-exempt professional fire employee shall be entitled to earn compensatory time off at the rate of one and one-half hours of compensatory time off for each hour worked in excess of 212 in a work period.
(d) Where a non-exempt professional fire employee earns compensatory time off, the employee shall be allowed to accrue a compensatory time off balance up to 40 hours. Once a non-exempt professional fire employee has accrued a balance of 40 hours of compensatory time off, the employee shall not accrue any additional compensatory time off until the non-exempt professional fire employee’s compensatory time off balance is reduced below 40 hours.
(e) Where a non-exempt professional fire employee has accrued a balance of 40 hours of compensatory time off, the employee must be paid overtime for any hours worked in excess of 212 in a work period.
(f) Non-exempt professional fire employees must submit requests to use earned compensatory time off to the Fire Chief. The Fire Chief shall allow non-exempt Fire Department employees to use accrued compensatory time off within a reasonable period of time after the employee has made such a request, subject to the Fire Chief’s discretion as to the needs of the Department and in a manner that will not unduly disrupt the operations of the Department.
(g) Under no circumstances may a non-exempt professional fire employee take compensatory time off until the employee has earned compensatory time off.
(h) In the city’s discretion, the city may elect to pay out accrued but unused compensatory time off at any point during the calendar year, but in all cases employee accrued but unused compensatory time off balances shall be paid out in full by the end of the calendar year or upon separation from employment.
(C) Exempt employees: flex time off.
(1) Exempt employees: standard workweek.
(a) Exempt employees are required to work the numbers of hours necessary to complete their assigned tasks in any given workweek.
(b) Exempt employees are not entitled to overtime pay.
(c) Exempt employees, however, shall be entitled to earn flex time off as set forth in division (C)(2) below.
(2) Exempt employees: flex time off.
(a) As used within this division (C)(2), DEPARTMENT HEAD shall refer to the applicable department head for the department in which the exempt employee is employed. In the case of the Chief Administrative Officer and/or Deputy Mayor, department head shall mean the President of the City Council and/or Mayor.
(b) When an exempt employee works more than 40 hours in a given workweek, the department head, at his or her discretion, may grant the exempt employee flex time off.
(c) Where flex time off is granted, the exempt employee shall earn flex time off at the rate of one hour of flex time off for each hour worked in excess of 40 in a workweek.
(d) Where an exempt employee earns flex time off, the employee shall be allowed to accrue a flex time off balance up to 24 hours. Once an exempt employee has accrued a balance of 24 hours of flex time off, the employee shall not accrue any additional flex time off until the exempt employee’s flex time off balance is reduced below 24 hours.
(e) Exempt employees must submit requests to use accrued flex time off to their department heads. The department heads shall allow exempt employees to use accrued flex time off within a reasonable period of time after the employee has made such a request, subject to the department head’s discretion as to the needs of the department and in a manner that will not unduly disrupt the operations of the department.
(f) Absent extraordinary circumstances, department heads may not allow exempt employees to use more than eight hours of accrued flex time off in any workweek.
(g) Under no circumstances shall an exempt employee be permitted to take flex time off until the employee has earned flex time off.
(h) Accrued flex time off hours may be carried forward from calendar year to calendar year.
(i) No payments shall be made for accrued flex time off, and no payment shall be made in lieu of taking accrued flex time off. Under no circumstances will accrued but unused flex time off be paid out upon separation from employment.
(Ord. 07-33, passed 12-17-2007)