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HomeMy WebLinkAboutNS-0950ORDINANCE NS-950 AMENDING ARTICLE II OF THE SANTA ANA MUNICIPAL CODE BY ADDING NEW SECTIONS TO CHAPTER 2 THEREOF RELATING TO PREMIUM PAY FOR OVERTIME WORK WHEREAS, it has been determined that provisions should be established to provide for premium pay for overtime worked by full time employees of the City and that the Santa Ana Municipal Code be amended to provide for such premium pay; and WHEREAS, the policy of the City Council is that such over- time work of City employees be limited to those circumstances necessarily requiring it; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding new sections to Part 1 of Chapter 2, Article II thereof to read in words and figures as follows: Section 2290. General Policy For Overtime Work. ~henever it shall be determined that the public interest requires it, or that an emergency situation requires it, the City Manager, the authorized department head, or a qualified representative of either, may require an employee to perform overtime work. Section 2290.1. Overtime Work: Definition. Overtime work is defined as: (a)That authorized or required time worked in excess of the normal work day, tour of duty, or work week schedule for the particular class and organizational unit of an employee; (b)Work on holidays for those employees who ordinarily would observe the holiday as it occurs with paid time off. Work amounting to less than thirty (30) minutes in excess of the normal work day or tour of duty shall not be considered overtime, unless otherwise provided herein. Section 2290.2. ~omputation of 40-hour Week. In computing a 40-hour week, paid leave for holidays, sickness, vacation, and other time off with pay shall be credited toward the total. Section 2290.3. Compensation for Overtime: Preferred Method. The preferable method by which overtime work shall be com- pensated is by monetary payment, at one and one-half (1 1/2) times the rate for regular work, or as otherwise provided herein. Should the department head determine that the best interests of the city will be served thereby he may direct or permit an employee to be compensated for overtime work by taking time off, with pay, for a period equal in duration to overtime worked, commonly referred to as "straight time". Such time off with pay as compensation for overtime worked shall be taken as soon as practicable after it is earned. Section 2290.4. Overtime: No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits, toward the completion of probationary periods, or to progression within a salary range. -1- Section 2290.5. Overtime: Accumulation. Subject to the approval of the department head, time off with pay to compensate for overtime worked may be accumulated, subject also to limitations hereinafter provided, to a maximum of forty (40) hours. Section 2290.6. Overtime Work: City Manager to Minimize. To the extent that he is reasonably able to do so, the City Manager shall keep overtime work to the minimum consistent with the best interests of the City. Section 2290.7. Compensatory Time Off with Pay: Excessive Accumulation. Department heads shall prevent the excessive accumulation of compensatory time off with pay. Section 2290.8. Overtime Work: Apportioned. To the extent that they are reasonably able to do so, depart- ment heads shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment. Department heads may adjust employee work schedules, vacation schedules, and may shift personnel to meet job deadline requirements. Section 2290.9. Overtime: Subject to Control. All overtime is subject to control by internal audit of department payroll records. Compensatory time off with pay shall be used only when specifically authorized by the depart- ment head and such use does not interfere with the employee's job performance. Section 2290.10. Advance Approval by City Manager: When Required. The department head must secure, in advance, approval of the City Manager to permit or direct overtime work to meet time limitations for a particular activity or work assignment. In those departments of the City where experience indicates a need therefor, and overtime work expense is approved by the City Council in the Budget, no further approval need be acquired by the department head before his authorization or direction of compensable overtime work. Section 2290.11. Overtime: Provision in Budqet. Department heads shall, in the preparation of their respective budgets, make provision for reasonably anticipated overtime, describing the types of work which will require such overtime work. Section 2290.12. Advance Compensation for Overtime. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. Section 2290.13. Overtime: Excluded Employees. Employees occupying jobs bearing the following designations shall not be eligible for monetary compensation for overtime work, or for compensatory time off with pay for overtime work: -2- Assistant City Attorney Assistant City Manager Assistant Director of Public Works Assistant Engineer Assistant Fire Chief Assistant to the City Manager Battalion Chief City Attorney City Manager Clerk of the Council Construction Engineer Criminalist Data Processing Supervisor Deputy City Attorney Director of Building Safety & Housing Director of Finance Director of Personnel Director of Planning Director of Public Works Equipment Maintenance Superintendent Fire Chief Library Director Museum Director Park Superintendent Plan Checking Engineer Police Captain Police Chief Police Lieutenant Principal Personnel Analyst Purchasing & Property Control Officer Recreation Superintendent Senior civil Engineer Senior Planner Street Division Superintendent Survey Supervisor Traffic Engineer Water Division Superintendent Such employees shall work at such times as may be necessary, their hours of work to be determined either by the supervising department head or the City Manager. Section 2290.14. Other Employee Exclusions. Employees who work on an hourly, daily, seasonal, or part time basis, elected officials, and members of boards and commissions are not eligible for monetary compensation for overtime work, or for compensatory time off with pay for overtime work. Separate and distinct procedures for sworn fire and police personnel are hereinafter set out. Section 2290.15. Compensation for Overtime: Other Exclusions. No overtime pay or compensatory time off with pay shall be allowed an employee for attendance at conventions, conferences, seminars, or the like, unless such employee is ordered to attend. Overtime pay or compensatory time off with pay shall be permitted only for attendance on such employee's normal days off or for time beyond a normal work day's duration. Overtime pay or compensatory time off with pay shall not be allowed for travel time to and from conventions, association meetings, conferences, seminars, or the like, should such time occur outside the employee's normal work schedule, unless the employee is ordered to attend. -3- Section 2290.16. Call-Back Duty. Any employee, other than those specifically excluded in Section 2290.13, who is recalled to active duty from off-duty, shall be entitled to overtime pay at the rate of one and one- half (1 1/2) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or to two hours' pay at the normal rate of pay, whichever is greater. Section 2290.17. City Personnel: Court Appearance. For each court appearance required to be made by an employee during his off-duty time in regard to City business, three hours' overtime will be granted and paid on a straight time basis. If court appearances are required both in the morning and afternoon of a particular day, three hours will be allowed for each session attended. The employee must provide a copy of the subpoena requiring his attendance to initiate payroll procedures. Such personnel may not receive time off with pay as compensation for overtime accrued as the result of court appearances. Section 2290.18. Overtime: Paid Upon Promotion. Upon an employee's promotion to a position in which overtime may not be earned from one in which it may, he shall be forthwith paid time and one half for any outstanding accrued overtime at his hourly rate of pay immediately preceding the promotion. Section 2290.19. Overtime: Paid Upon Separation. Upon an employee's separation from employment by the City of Santa Ana, whether by resignation, retirement, lay-off, or otherwise, he shall forthwith be compensated at the rate of time and one half his hourly pay for any overtime accumulated to the time of his separation. Section 2290.20. Overtime: Fire Department Personnel. An employee of the Fire Department who is assigned to 24-hour on-duty periods, who is required to remain on active duty following the termination of his on-duty period, shall earn overtime compensation at the rate of one and one-half (1 1/2) times his normal hourly rate based on a 40-hour week. Section 2290.21. Overtime: Fire Department Personnel - Recalled to Duty. An employee of the Fire Department who is recalled to active duty from off-duty shall earn overtime compensation at the rate of one and one-half (1 1/2) times his normal hourly rate based on a 40-hour week for time actually worked after reporting to the place of duty, or two hours' pay, at the normal rate of pay, whichever is greater. Section 2290.22. Sworn Police Personnel: Overtime Accumulation. Ail sworn personnel must have accumulated 40 hours of overtime before they are eligible to receive monetary compensation for overtime at the rate of time and one half. The initial 40 hours overtime is compensable only by time off with pay, on a straight time basis. If compensating time off with pay reduces the accumulation to less than 40 hours, no monetary overtime payment may be authorized until the 40 hours is regained. Section 2290.23. Sworn Police Personnel: Premium Pay Limit. Sworn personnel of the Santa Aha Police Department who qualify for overtime pay at the rate of one and one-half (1 1/2) times their normal pay shall be restricted to a maximum of 40 hours paid overtime compensation in any given month. The 40 hours of overtime accumulation, necessary for eligibility for time and a half overtime pay, may be carried forward from month to month. Overtime pay shall be disbursed monthly. -4- Section 2290.24. Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot, or other catastrophe or emergency which directly affects city operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regular full time employees of the City to work overtime or off- shift as he shall determine, to protect life and property within the City. After three consecutive days worked in any such state of emergency, or whenever a period of three days' work in a state of emergency shall have occurred within a fiscal year, the City Manager may, by order, suspend all or any portion of these over- time compensation policies and, if necessary, require employees to work overtime on a straight time basis, or for time off with pay, or without any additional compensation if budgeted funds are insufficient to meet such expenditure. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 6th day of January, 1969. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 16th day of December, 1968, and was again considered by said Council at its regular meeting held on the 6th day of January, 1969, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Brooks, Carlson, Griset, Markel, Thurman, McMichael COUNCILMEN: Herrin ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -5-