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HomeMy WebLinkAbout1974-01-15; City Council; 2274; Revision of Personnel Rules & RegulationsIl E C r 2' Y O F Agenda Bill No. Z—g-7-41 Referred To: C A R L S B A D, C A L -X F* O R N I A DateJanuary I.5,1974 Subject: REVISION OF PERSONNEL RULES & REGULATIONS Submitted By: Section 14 (Rule X) - OVERTIME William C. Baldwin Personnel Director Statement of tha Hatter : Since adoption of the Griffenhagen-Kroeg� report there has been misunderstanding between department heads, departments and employees as to the interpretation of the overtime rule. In the "meet and confer" sessions of 1973-74 it was agreed between management and the three employee associations that the overtime rule would be standardized and the rules and regulations amended accordingly. This article of the memorandums of understanding was ratified by the City Council, consequently the personnel department made a study of the cities in this County regarding overtime pay. It was determined that a majority of the cities paid overtime at the rate of one and one-half or time in lieu.of pay at the same rate. Based on this study the personnel department re -wrote the rule and reached agreement with the associations on the context. Because of a change in city managers it was not possible to place this matter on the agenda until this time. It should be noted that the 1972-73 memorandum of understanding reached with the police association, in fact, granted that department overtime at the time and one-half rate for all duties extending the 40-hour work week. A second resolution adopted in 1973 grants $10.00 per day "stand-by" time for ambulance duty for the fire department employees. Thus, these two changes are currently resolute and are incorporated in the revision. Exhibit (1) Existing overtime rule. (2) Revised overtime rule. (3) Resolution No. ,,?.1J 3 , amending Resolution No. 1727. to City Manager - Staff Recommendations/: Approval of the suggested changes should be granted to clarify and defane overtime to prevent misunderstanding or mis- interpretation of this rule by management or the employee. A minimum of additional cost to the City would occur since the majority of overtime is "emergency call back" as defined under the existing rule and by agreement with the associations or because of approved memorandums of understanding. Referral to the City Attorney is requested tar the drafting of a resolution amending Resolution No. 1727. FEW AB No . City Manager's Recommendation Date: January 15, 1974 Over a period of time the City Council has approved ,by minute action and by approving certain memorandum of understanding with employee associations a number of changes in the Ci'ty's overtime policy. These changes, however, were not incorporated into the City Personnel Rules- This has created considerable confusion and misunderstanding, both on the part of department heads and the employees. "This agenda bill is an attempt to incorporate all of the previous overtime policies into one Personnel Rule. The,only additional change at this time is in Section G, Standby Pay, The Standby Pay for employees has been changed from $3.50 to $5.00. At the present time the only employees, outside the Fire Department, who are on regular standby are in the Public Works Department. It is recommended that the Council approve the Personnel Rule change as outlined. If the Council concurs, the matter should be referred to the City Attorney for the preparation of the necessary resolution. Council Action 1-15-74 The matter was referred to the City Attorney, following an Executive Session, and the City Attorney was requested to prepare the necessary Resolution for the next regular meeting. 2-5-74 Resolution No. 3353 was adopted. -2- 1 2 3 4 51 6 7' 81 91 10 11 12 13 0 14 a a N 15 02o16 ~`!! 17 m V 5 J r w V WZ86 18 V C O :L O N >Q a 19 s o 20 21 22 23 24 25 26 2,, 28 29 30 31 32 I'. RESOLUTION NO. 3353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING RESOLUTION NO. 1723 WHICH ADOPTED THE PERSONNEL SYSTEM PULES AND REGULATIONS BY THE AMENDMENT OF RULE X, SECTION 14 THEREOF RELATING TO OVERTIME. WHEREAS, as a result of a review by the City Manager and of the 1973-74 meet and confer sessions with employee groups, a number of revisions to the personnel rules regarding overtime were presented to the City Council for approval; and WHEREAS, the City Council at their meeting of January 15, 1974 accepted and approved the revisions as recommended by the ,City Manager and referred the matter to the City Attorney for preparation of a resolution amending the personnel rules to in- corporate said revisions, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That Resolution No. 1727 adopting personnel system rules and regulations of the City of Carlsbad, California, is hereby amended by the deletion of Section 14 "Overtime" from Rule X "Attendance and Leaves", and by the addition of a new Section 14 regarding overtime to read as set out in a two -page document marked "Exhibit 2: Revised Overtime Rule" attached hereto and incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 'held on the 5th day of February, 1974 1 2 3 5I 6 7! 8 9 10 11 c 12 13 0 14 ' 4 m 15 { ooZd 16 o�Qa 12 17 u: F W Z 181 xp^m a � t s 20' 21 22 23 24 25 26 27 28 s 29 1 30 j 31 32 I^ by the following vote, to wit: AXES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.' NOES: Hone. ABSENT: None. ATTEST: L"r � b.R A T E. ADAM , City Clerk (SEAL) 2. AVID M. DUNNE, Mayor rX rD tT (1) A enola mill. if an er,.nloJec i^, r ,vi.rCd to rock on a:.y of t?e ;�t,u�e !:c•i.iu:y. such erwployee shall be paid at the emrlo�ee's rel;ular t�ov:ly rate of pay for each i:our, WO-""ed. 1 Crbors of the Fire DeL art- are required to be on duty for 211-hour peaiods shall. be :c', rent trho v paid at the employee's regular hourly rate of pay in li.c:i of holidays fo-r the sar.a amber of hours as is commensurate kith the holiday time hereby granted to other eo;•p ogees. ' Section ljE. Overtine: Anticipated programmed overti.ae to be paid at 'the R' ' e,:ployeels regular hotSly rate of pay for each horn ,!orl:ed,. may be allowed? at the request of the department ;lead subject to the r' prior approval of the City 2ia11ager. Rmergency overtire or call back time for rlild-7-ur- of tvo hours shall be paid, zt the rate of fire and one-i;a1f. Strand -by tire shall be co�rensated in an 53.50 night and should call baerz occur during amount of per 4 stmid-by time, the employee shall also receive the rehalar hourly rate of pay xor each hour, or fractl.ol thereof, worked. Department heeds are Prot eligible for pair( overtime. EIployees who are required to appear in court during off -duty hours is coa-� necti.on with City business shall be paid st;aigat tide for the anumber of hours sweat in court at their regvaar hourly rates. s? F Y ' f Y ' ` t i wL•i �` UUIBCT (2) Agenda Pill. EXHIBIT (2) : RI:VISLD OVER EME RULIS SECTION 14, Rule X, Overtime (a) Application: Any employee in the classified service who is ordered, because of emergency or in the interest of the efficiency of his department, to render overtime service beyond the normal work week delineated for his classification shall be granted compensation in pay or time for such overtime at one and one-half times his regular hourly rate. Payment or time given for overtime shall be made during the pay period wherein the overtime• was earned. Time in lieu.of pay at no time shall exceed 40 hours. (b) Holiday Time: (1) In those instances where an employee other than police and fire department personnel is required• to render service as designated in section 13 of this rule and as def-ined ;n the California State Code Section 5201, the employee shall be granted compensation for such overtime at one and one-half times his regular hourly rate. (2) Members of the police department who are required to work shifts of a normal 40-hour work week, Sunday through Saturday, shall be paid at the rate of one and one-half times the employee's regular hourly rate of pay in lieu of eleven holidays. Payment shall be made during the pay period wherein the overtime is work.12d. :Sembers of the police department who are required to ttirork a normal eight hour day (8:00 a.m. to 5:00 p.m., Monday through Friday) shall receive holiday overtime at the rate of one and one-half times the employee's regular hourly rate of pay for each of ti.e eleven scheduled holidays worked in a forty hour work week, and 'having worked a minimum of six of the eleven scheduled holidays in any calendar year shall receive holiday overtime pay for eleven holidays. Payment shall be made during the pay period wherein the overtime is worked and during the Final. month of the fiscal year because of fulfillment of the "minimum of six" requirement. (3) Members of the fire department who are required to work 24-hour shifts to a 63 hour work week, Sunday through Saturday, shall receive holiday overtime at th- rate of one and one-half times the em.ployee's regulF shift rate of pay for five and one-half (5 1/2) shifts per year, or a prorata share using the ratio 1/12 for each month, or part thereof, worked for less than the full time year. Payment for holiday overtime shall be made one time per year during the final month of the fiscal year or the final month of employment, whichever is first. J r pu...s 2 _ rirXHjBT II' 2) 1 _ DT.T1T_'..ril fIVERTTt.Jy; RTfT.! (c) Admir_istiation of Overtime and Holiday Time: The smallest unit of time credited as overtime shall be one-half (1/2) hour for any pay period. Overtime worked that is less than one-half (1/2) hour during a pay period shall. be disregarded and may not be accumulated except for calculating whole hours within said pay period. The department head shall report all overtime for pay or time in lieu on finance department time and pay records. The department head shall report all time away from work in the matter of allowing the use of accumulated compensation time. i(d) Definition of Overtime and Holiday Time: For t%e purposes of this section, the following definitions shall apply. (1) "Overtime shall mean any time worked in excess of the normal work week consisting of 40 hours or, in the case of the fire department, any time worked in excess of 63 hours durinq the work week which is credited as set forth hereinabove. (2) "Holiday Time" shall mean work performed on any of the eleven holidays designated in Paragraph (B,l), and to the normal work week in the case of police and fire depart- ment personnel. (e) Call -Back Overtime: Whenever an employee is called back to wort: for less than two (2) hours, he shall receive a minimum of two (2) hours of overtime compensation at time and one-half. All time worked :which exceeds the minimum of two (2) hours shall be compensated for at the actual hours worked at the rate of time and one-half. (f) Exceptions to Overtime Policy: These overtime provisions shall not apply to personnel who are under the executive Salary Plan. (g) Standby Pay: Standby duty is defined as that period of time assigned by the appointing authority, in addition to the employee's normal work, twee,: assignment, during which the employee must refrain where he can be contacted by telephone or radio, ready for immediate call-back to his department to perform an essential service. Standby time for fire safety employees shall be compensated in an amount of $10.00 daily, and for all other employees in an amount of $5.00 daily.