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HomeMy WebLinkAbout06824ORDINANCE NO. 6824 AN ORDINANCE AMENDING SECTION 10 OF CHAPTER 5 OF TITLE VI OF THE CODE OF ORDINANCES TO CLARIFY THAT PROFESSIONAL, ADMINISTRATIVE, MANAGERIAL OR SUPERVISORY EMPLOYEES OF THE CITY OF PUEBLO ARE NOT ENTITLED TO OVERTIME COMPENSATION, AND DELETING LANGUAGE THAT IS REDUNDANT WITH AND SUPERSEDED BY UNION CONTRACT PROVISIONS WHEREAS, confusion has arisen as to the meaning and application of certain sections of the Code of Ordinances dealing with overtime compensation for professional, administrative, supervisory and managerial employees of the City of Pueblo; and WHEREAS, such employees are exempt from those provisions of federal or state law or union contracts which require payment of overtime compensation; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Sec. 6 -5 -10. Overtime work. (a) Administration. The full -time work week as provided by the City Council shall not [be restrictive in relation] apply to officers and employees in positions which are [considered] professional [executive], administrative supervisory or managerial [or professional], and where such employees are compensated according to their professional capabilities and their assigned responsibilities irrespective of the hours required each week to fulfill such responsibilities. [A department head may prescribe, with the approval of the City Manager, reasonable periods of overtime work to meet operational needs. Such overtime shall be reported and justified as required by the City Manager.] (b) Overtime Compensation. A department head may prescribe for employees in the department entitled to such compensation except as provided in subparagraph(c) below, with the approval of the City Manager, reasonable periods of overtime work to meet operational needs. Such overtime shall be reported and justified as required by the City Manager. Employees shall be compensated for authorized overtime work at the rate of time and one -half (1 ' / 2) in cash. Only such hours as are worked in excess of the prescribed basic work week or such hours as are worked in excess of the basic daily work shift, except as hereinafter excluded, shall be so compensated. U The following [O]officers and employees [with classification titles below] shall not be eligible for overtime compensation [in cash]: [Assistant City Manager Fleet Management] [Assistant Fire Chief] [Assistant Manager] [Assistant Manager- -Ice Arena] [Assistant Municipal Court Judge] [Chief Accountant] [Civil Engineer -- Construction] [Civil Engineer -- Design] [City Clerk] [Deputy Fire Chief] [Director of Animal Control] [Director of Aviation] [Director of Information Services] [Director of Finance] 2 [Director of Housing - -Comm. Services] [Director of Parks and Recreation] [Director of Personnel] [Director of Planning and Development] [Director of Public Works] [Director of Purchasing] [Director of Transportation] [Director of Utilities] [Director of the Department of Zoning [Administration] [Fire Chief] [Municipal Court Judge] [Police Chief] [Police Deputy Chief] [Traffic Engineer] City Council members Civil Service Commissioners, and members of all Boards and Commissions, Q City Manager Assistant Managers City Clerk, City Attorneys, Municipal Judges, Post - Auditors and all Directors or Heads of Bureaus or Departments, (D Employees in all non - bargaining unit classes in the classified service except those designated by the Cijy Manager as eligible for overtime compensation due to the unique nature and services performed in a professional, administrative, managerial or supervisory position. [Fire Department. In the event that a need for overtime should occur in the Fire Department because of emergency, sickness or other unforeseen conditions, overtime shall be paid at one and one -half (1 %2) times the basic rate of pay. The present seniority roster shall be maintained and all new employees shall be added to the bottom of the list.] ([c]d) Meal Periods During Overtime Work. An employee having a basic work shift of eight (8) hours who is required to work more than ten (10) consecutive hours shall be provided a thirty- minute meal period at the overtime rate of compensation at some time between the tenth and twelfth consecutive hour of work. ([d]e) Pay or Compensatory Time for Call -back. An employee called back to perform emergency work prior to the beginning of his or her next regular shift shall be compensated at the rate of time and one -half (1 1 /2) in cash or time and one -half (1 1 /2) off. An employee called back for emergency work shall be compensated at the overtime rate for a minimum of two and two- thirds (2 2 /3) hours. This provision shall not apply to those employees assigned to and compensated for standby purposes. In no case shall a shift change or reassignment to another shift as herein provided be construed to be emergency work. ([e]fl Change of Working Shift -- Notice. Any regular working shift may be changed upon six (6) hours' notice to the employee by his or her immediate supervisor, division chief or department head; provided, however, that there shall be at least six (6) hours between the time of completion of the preceding shift, including overtime, and the commencement of the shift to which assignment is made, except for in- service training, in which case only four (4) hours shall F1 be required. Exchange of Shifts, Group B Employees: Group B employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department; operational interference to be determined by the Chief or his or her representative. A twenty- four -hour shift shall be from 7:00 a.m. to 7:00 a.m. with a relief period of thirty (30) minutes prior to shift change when properly relieved after 6:30 a.m. ([fJg) Assignment of Work -- Overtime and Call -back. When it is necessary for employees to be called back or to work overtime, such work ordered shall be allocated as equitable and practical as possible to employees qualified as determined by the department head to perform the work. Class B Employees who are called back to work from off -duty shall be paid at least four (4) hours minimum at one and one -half (1 1 /2) times the basic rate of pay. A separate seniority roster shall be maintained and all new employees shall be added to the bottom of the list. INTRODUCED: Apri 1 8 , 2002 B Al Guru 1 e Counc rson APPROVED: President of the City Council ATTESTED BY: L VI - ity Clerk PASSED AND APPROVED: May 13, 2002 5