AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, AMENDING THE CITY
OF BASTROP, TEXAS PERSONNEL POLICIES MANUAL OF MAY 2005, CHAPTER 4,
"PERFORMANCE EVALUATION & COMPENSATION, SECTION 7: "OVERTIME
AND COMPENSATION TIME" TO ADOPT A 14-DAY ALTERNATIVE WORK PERIOD
FOR DESIGNATED POLICE OFFICERS AND SET OVERTIME FOR THESE OFFICERS
PURSUANT TO FLSA STANDARDS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Bastrop, Texas finds a change is needed
in the manner in which overtime is calculated for police officers
in order to provide more flexibility in scheduling officers, and
WHEREAS,
the City Council of the City of Bastrop, Texas, finds that it is in
the public interest to make these changes in the City's Personnel
Policies Manual;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTRO P, TEXAS
THAT:
PART 1.
The City's Personnel Policies Manual of May, 2005, Chapter 4, "Performance
Evaluation & Compensation", Section 7: "Overtime and
Compensation Time" is hereby amended to read as follows:
SECTION
7: OVERTIME AND COMPENSATION TIME
Overtime, when ordered for the maintenance of essential City
functions, shall be allocated as evenly as possible among
all employees qualified to perform the work involved. For
all scheduled and approved overtime work in excess of a regular
work week (or the Alternative Work Period set for Designated
Police Officers below), compensation shall be paid at the
rate of one and one-half (1 1/2) times the employee's regular
base pay. Except for Designated Police Officers on an Alternative
Work Period, overtime pay will be paid for all time worked
over forty (40) hours for non-exempt employees. Exempt employees
are not eligible for overtime pay. No sick time, vacation
time, holiday time, time taken for jury duty, injury on duty,
traveling to and from schools, conferences, seminars, or any
other leave shall be considered when determining overtime
pay. All overtime work must be clearly reflected on the employee's
time records before it will be approved by the City.
A 14-consecutive day Alternative Work Period is adopted for
Designated Police Officers pursuant to the exception found
in Section 207(k) of the Fair Labor
Standards
Act (FLSA). The City will pay those non-exempt Designated
Police Officers overtime for the number of hours worked over
the maximum standard hours set in the FLSA and related regulations
for a 14-day work period (currently 86 hours in a 14 day work
period). For purposes of this section, "Designated Police
Officers" shall mean those police officers designated
by the Chief of Police or his designee to work an Alternative
Work Period.
Employees who are classified as exempt status are not eligible
for overtime pay, but will be allowed to take time off, from
time-to-time, at the discretion of and with prior approval
of the City Manager. Because of the complexity and nature
of the duties entailed in `exempt status' jobs, it is inherent
that, periodically, work beyond that described as a normal
`40 hour week' may be required to adequately perform the duties
of such exempt status positions. Nevertheless, employees filling
such positions are not entitled to 'overtime pay,' unless
required for compliance with State and Federal law.
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PART 2.
If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not
affect the other provisions, or application thereof, of this ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are hereby declared
to be severable.
PART 3. The
Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This Ordinance shall take effect upon the date of final
passage noted below in accordance with the City's Charter, Code of
Ordinances, and the laws of the State of Texas.
READ AND ACKNOWLEDGED on First Reading on the 13th day of December
2005. READ AND APPROVED on Second Reading on the 10th day of January
2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
