Subject: 10163/CityCode/OvertimePay Date: Fri, 18 Aug 1989 14:54:00 -0500 ORDINANCE NO. 10163 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTIONS 2-138, 2-151, 2-152, 2-167, 2-168, 2-169 AND 2-173, RELATIVE TO OVERTIME PAY AND COMPENSATORY LEAVE FOR CERTAIN CITY EMPLOYEES. _________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, as follows: SECTION 1. That Chattanooga City Code, Part II, Section 2-138 be and the same is hereby amended by deleting therefrom the definition of "Compensatory Leave" and inserting a new definition as follows: Compensatory Leave: Leave granted to certain employees to compensate them for work on holidays, overtime work or work in excess of the standard work week. SECTION 2. That Chattanooga City Code, Part II, Section 2-138 be and the same is hereby amended by deleting therefrom the definition of "Premium Compensatory Leave." SECTION 3. That Chattanooga City Code, Part II, Section 2-151(a)(3) be and the same is hereby amended by deleting said subsection in its entirety and substituting in lieu thereof the following: (3) Unless otherwise provided, an employee who works on a regularly scheduled holiday shall be granted extra pay at a rate equivalent to his or her overtime pay rate, as provided in Section 2-152 of this Code. An employee granted such pay for work on a holiday shall not be charged for the use of one day of personal leave unless, as directed by the departmental administrator, one day of personal leave shall also be deducted and paid at the employee's regular rate of pay. Days off for all sworn personnel of the Department of Safety shall be governed by Section 2-151(b) of this Chapter. SECTION 4. That Chattanooga City Code, Part II, Section 2-151 be and the same is hereby amended by deleting therefrom subsections (f) and (g) and by redesignating current subsection (h) as subsection (f). SECTION 5. That Chattanooga City Code, Part II, Section 2-152 be and the same is hereby amended by deleting said Section in its entirety and inserting in lieu thereof a new Section 2-152 as follows: SEC. 2-152. Overtime pay. (a) Whenever any job classification is created or modified, the Office of the City Personnel Director shall forward the job description of such classification to the office of the City Attorney, which shall advise the Mayor, City Finance Officer, the City Council and the Personnel Director within thirty (30) days whether in his/her opinion such classification is exempt from the provisions of Section 7 of the Fair Labor Standards Act. The City Council, as advised by the City Attorney, shall declare by resolution employment positions that are exempt from the overtime pay provisions of such Act. (b) Employees affected by a change in their classification from non-exempt to exempt shall be notified by their department head of the change in their status and any overtime pay provisions within thirty (30) days as provided by this Chapter. (c) A supervisor may require an employee to work on holidays or at any time when circumstances require overtime work. Every Safety Department employee and all other employees engaged in fire protection or law enforcement activities shall be subject to duty and call in case of emergency. (d) The office of the City Finance Officer shall monitor overtime records and shall report at each regular meeting of the City Council the amount of overtime authorized and/or paid by each department, agency or branch of government since the date of the last regular meeting of the City Council. (e) Each department head shall be responsible for establishing work schedules and work periods for employees within his or her department so as to minimize the amount of overtime paid by the city. (f) No overtime compensation shall be paid by the city in any form except as provided by this division or as required by the Fair Labor Standards Act. (1) In the event exempt employees in pay grades 1 through 11 or non-exempt employees work more than forty (40) hours during a work week or more than his or her normally scheduled work day or exceeds the maximum work hours in his/her normal work period (whichever is applicable), he or she shall receive overtime pay as provided herein. Payment to employees for overtime must be authorized in writing by their department head (or authorized supervisor). (2) Employees eligible for overtime pay shall be compensated for overtime hours worked at the rate of one and one-half (1.5) times their regular rate of pay. (3) The Administrator for the Department of Safety shall establish a written policy on overtime pay and pay calculations for employees engaged in fire protection or law enforcement activities; such policy shall comply with the provisions of the Fair Labor Standards Act. (4) Employees whose work hours are calculated on a work period rather than a work week as provided by the Fair Labor Standards Act shall have their hourly rate calculated solely on the maximum hours allowed for the work period. This hourly rate shall be the base rate and shall be multiplied by 1.5 to calculate overtime pay. (5) Exempt employees in pay grades 1 through 11 or non-exempt employees normally scheduled to work five (5) eight (8) hour days a week shall be compensated for work on a sixth day worked during a workweek at the rate of one and one-half (1.5) times the regular rate at which he or she is paid and at the rate of two (2) times the regular rate at which he or she is paid for work on a seventh day worked during a workweek. (6) Exempt employees in pay grades 1 through 11 or non-exempt employees normally scheduled to work four (4) ten (10) hour days a week shall be compensated for work on a fifth or sixth day worked during a workweek at the rate of one and one-half (1.5) times the regular rate at which he or she is paid and at the rate of two (2) times the regular rate at which he or she is paid for work on a seventh day worked during a workweek. (g) The provisions of this paragraph shall apply to compensatory leave for all employees in exempt positions in pay grades 12 through 15: (1) Whenever in any work week or work period any such employee is required by a supervisor to work hours in excess of the maximum allowable hours worked, he or she shall be credited with compensatory leave equal to one (1) times the number of excess hours so worked. (2) The maximum accrual of compensatory leave is eighty (80) hours. (3) Compensatory leave can not be carried over from one fiscal year to the next unless earned in the last calendar month of the fiscal year, in which case the leave must be used within the first sixty (60) days of the following fiscal year. (4) Compensatory leave can not be transferred from one employee to another or from one division to another. (5) A supervisor may require an employee to use his earned compensatory leave at any time. (6) It shall be the duty of the supervisor of any such employee who is entitled to compensatory leave to make certain that such leave is taken as soon as possible, except in situations where it would be detrimental to the operation of the department. (7) There shall be no payment or other compensation upon retirement or separation from employment to any such employee who has accrued compensatory leave. (h) Overtime pay provisions for certain employees engaged in fire protection or law enforcement activities are: (1) Law enforcement personnel. All non-exempt sworn personnel engaged in law enforcement activities shall receive overtime pay as follows: a. Police Officers, Sergeants, and Inspectors shall receive overtime pay for all hours worked in excess of their normally scheduled work day. b. Lieutenants and Captains shall receive overtime pay for all hours worked in excess of one hour more than their normally scheduled work day. c. In addition to the above, such employees shall receive overtime pay for all hours worked exceeding the maximum allowable hours for the work period. (2) Fire protection personnel. All non-exempt employees engaged in fire protection activities (Firefighters, Lieutenants and Captains) shall receive overtime pay for all hours in excess of their established work period set forth by the Fair Labor Standards Act 7(k) exemption. (3) Court appearances for fire and law enforcement personnel. Court appearances which arise out of the employee's duties as a City employee shall be used in calculating whether the above persons exceed such hours per work shift. (i) Employees in pay grade 16 and above shall be ineligible to receive overtime pay or compensatory leave unless expressly authorized by the Mayor and/or City Council. SECTION 6. That Chattanooga City Code, Part II, Section 2-167 be and the same is hereby amended by deleting therefrom the phrase "personal leave, compensatory leave, premium compensatory leave, and sick leave have" and inserting in lieu thereof the phrase "compensatory leave and personal leave have". SECTION 7. That Chattanooga City Code, Part II, Section 2-168 be and the same is hereby amended by deleting the phrase "annual leave" and inserting in lieu thereof the phrase "compensatory leave and personal leave". SECTION 8. That Chattanooga City Code, Part II, Section 2-169 be and the same is hereby amended by deleting therefrom the phrase "sick and annual leave, if any, have" and inserting in lieu thereof the phrase "compensatory leave and personal leave, if any, have". SECTION 9. That Chattanooga City Code, Part II, Section 2-173 be and the same is hereby amended by deleting therefrom the phrase "annual leave," and inserting in lieu thereof the phrase "personal leave". SECTION 10. BE IT FURTHER ORDAINED that this Ordinance shall take effect two weeks from and after its passage as required by law. PASSED on Third and Final Reading January 17, 1995. s/s_______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE: January 18, 1995. s/s_______________________________ MAYOR WSPjr:tlm