HomeMy WebLinkAboutORD925ORDINANCE NO.925
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE
JUNCTION,RULE I,DEFINITIONS,AND RULE XV,OVERTIME;REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I.IN GENERAL
That Rule I,Definitions,and Rule XV,Overtime,of the Personnel Policies,City
of Apache Junction,Arizona be revised as follows:
RULE I.DEFINITIONS:
SECTION 19."Overtime Work"
B.Non -Exempt Sworn Law Enforcement Employees:Hours worked in excess
of 160 hours in an established 28 -day work period.
RULE XV.OVERTIME/COMPENSATORY TIME
Section 3.Work Period
Non -Exempt Civilian Employees
All civilian employees assigned a non-exempt status shall be paid an amount equal
to one and one-half times their regular hourly rate for time worked in excess of
forty (40)hours per work period.A work period is defined as seven consecutive
days;for most employees this work period is Sunday through Saturday.
Non -Exempt Sworn Law Enforcement Employees
All sworn police officers assigned a non-exempt status shall be paid an amount
equal to one and one-half times their regular hourly rate for all hours worked
in excess of the established number of hours for their established work period.
The Apache Junction Police Department has established a 28 -day,160 -hour work
period for sworn officers.
Section 9.Compensatory Time in Lieu of Overtime Payment
•
The FLSA permits the City of Apache Junction to provide compensat&y time off in
lieu of monetary overtime compensation,at a rate of not less than one and one-
half hours of compensatory time for each hour of overtime worked.The
ORDINANCE NO.925
PAGE 1 OF 3
calculation used for compensatory time is the same as that generally used for
calculating monetary overtime.
The use of compensatory time is allowed only i f i t is provided for under an
employment agreement or memorandum of understanding.The "agreement" must inform
the employee that the compensatory time received may be preserved,used,or paid
consistent with the provisions of this policy.The agreement must be arrived at
prior to the accrual of overtime.
A signed copy of the memorandum of understanding between the Department and the
employee shall be provided to the Personnel Office for inclusion in the
individual's personnel file.A record of accumulated compensatory hours shall
be provided to the finance department at the end of each pay period.
General employees may receive time off in lieu of overtime pay for hours worked
beyond the 40 hours for civilian employees on a seven-day work period.Sworn law
enforcement officers may receive time off in lieu of overtime pay for hours
worked in excess of 160 for sworn law enforcement officers on a 28 -day work
period.Employees may accrue a maximum of 45 hours of compensatory time (30
actual hours of overtime worked).
The compensatory time earned by an employee constitutes a financial liability for
the City of Apache Junction.An employee who has accrued compensatory time and
requests use of the time,must be permitted to use the time off within a
reasonable period after making the request i f i t does not unduly disrupt the
operations of the agency.When the use of compensatory time is denied the
supervisor shall provide the affected employee,with a copy to the Personnel
Officer,the reasons for denial.
Compensatory time is not to be used as a means of avoiding statutory overtime
compensation.
All compensatory time credits must be discharged or paid in cash by the annual
performance review date of each employee.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III.PROVIDING FOR SEVERABILITY
If any section,subsection, sentence, phrase, clause or portion of this ordinance
or any part of the code adopted herein by reference is,for any reason,held to
be invalid or unconstitutional by any court of competent jurisdiction,such
decision shall not affect the validity of the remaining portions thereof.
APPROVED AND ADOPTED THIS 21ST DAY OF MARCH ,1995,BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
ORDINANCE NO.925
PAGE 2 OF 3
SIGNED AND ATTESTED TO THIS 22ND DAY OF MARCH ,1995.
ATTEST:
,et7tZ,g,-,J
KATHLEEN CONNELLY
City CI,erk
A
BU
i ty Attor Y
ORDINANCE NO.925
PAGE 3 OF 3