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RESOLUTION R20-12-25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF EL MIRAGE, ARIZONA AMENDING THE CITY OF EL MIRAGE PERSONNEL POLICY MANUAL DATED JULY 10, 2008. BE IT RESOLVED by the Mayor and Council of the City of El Mirage as follows: That the City of El Mirage Personnel Policy Manual dated July 10, 2008, Section 3.9 Overtime/Compensatory Time is amended as follows: 3.9. Overtime/Compensatory Time It is the City's policy to avoid the necessity of overtime whenever possible, but overtime work may sometimes be necessary to meet emergency situations, seasonal or peak workload, and requirements of a critical nature. If, in the judgment of a Department Director, work beyond the normal workday or workweek is required, the Department Director may authorize such work. A. Non-Exempt Employee Whenever any non-exempt employee works more than is assigned to work overtime in excess of forty (40) hours in a work week (excluding MOU Fire employees) they are per week (except employees covered by an MOU or collective bargaining agreement), that person shall be compensated for such excess time as either: at the rate of either: Pay for Service - One and one-half (1-1/2) times the regular rate of pay at which such person is employed; or Overtime Pay: Pay for service at one and one-half (1 ½) times the regular rate of pay. Compensatory Time Off - One and one-half (1-1/2) hours of compensatory time off for each hour worked in lieu of cash payment. Compensatory Time Off (CTO): Time off at one and one-half (1 ½) hours for each hour worked in lieu of cash payment. An employee will not be permitted to accumulate more than forty-five (45) hours of compensatory time. Once an employee has accumulated forty-five (45) hours of compensatory time, the City will pay all additional incurred overtime as pay for service. Exception: Fire Department and Police Department employees covered under a collective bargaining agreement may accrue compensatory time in accordance with the provisions of the agreement. Employees are not allowed to work overtime unless authorized to do so by their supervisor. Failure to receive prior authorization may result in disciplinary action up to and including termination of employment; however, employees will be paid overtime regardless of approval in accordance with FLSA. RESOLUTION R20-12-25 Overtime must be allocated as evenly as possible among all employees qualified to perform the work and may be mandatory in certain circumstances. It is the responsibility of management personnel to ensure that overtime is utilized equitably and only when necessary. Overtime must be managed to reduce the overall cost to the City. If an employee offered compensatory time for overtime work does not agree to compensatory time, the employee may decline to work overtime unless the City offers the employee pay for overtime work. If the employee chooses to work overtime for which only compensatory time has been offered, the City understands the employee’s acceptance of the form of compensation. There will be no retaliation against employees who decline to work overtime because only compensatory time is offered. An employee offered paid overtime may not decline to work the overtime hours. The Department Director may also choose to use flexible scheduling to avoid overtime. If an employee is scheduled to work beyond the normal workday, the Department Director may reduce the number of hours required later in this same workweek. This flexible scheduling must take place within one the same workweek or overtime hours shall be accrued. "Hours worked" for purposes of calculating overtime pay shall be defined as time on the job performing a responsible work assignment. Vacation, sick leave, holiday and other leave shall not be considered time worked and shall be deducted from "hours worked" during overtime calculation for each workweek. To comply with applicable IRS regulations all unused CTO will be cashed out in the calendar year in which it is earned so there is no constructive receipt of income, as defined by the Internal Revenue Service (IRS). The Department Director must specifically authorize the overtime work. Employees shall obtain such authorization prior to working any overtime if possible. Failure to obtain proper authorization and abuse of overtime are grounds for disciplinary action. Effective January 1, 2021, an employee may only use or cash out CTO during the calendar year in which it is earned. All accrued and unused CTO balances will be cashed out on the second paycheck in December so that the employee's CTO account is reduced to a zero balance. Employees may use or cash out CTO accrued at any time during the calendar year, prior to the second paycheck in December. Use of compensatory time as compensatory leave must be pre- approved by the immediate supervisor and can be denied for business and operating needs. Unused CTO hours may not be carried over to a subsequent calendar year. CTO cannot be elected for overtime worked after the second paycheck in December. RESOLUTION R20-12-25 Employees will not have the option to take CTO instead of cash when the Department is reimbursed by another governmental agency for overtime worked by the employee. Employees who are required by their supervisors to work on a day observed by the City as a holiday shall be compensated regular time for the actual hours they are required to work plus holiday pay, unless the hours actually worked constitute overtime hours. The Human Resources Director will ensure that all overtime is recorded and that work schedules that will allow all employees full opportunity to use accumulated compensatory time off within reasonable periods of time are developed. Use of compensatory time as compensatory leave may be scheduled at the employee’s discretion. However, it must be pre-approved by the immediate supervisor and can be denied for business and operating needs. While the department may not require that compensatory time be used within a specific timeframe, it may suggest that the employee use the time during slower work periods. Upon termination of employment or at any other time at the City’s discretion, a nonexempt employee will be paid one and one-half times the employee’s current regular salary rate for unused compensatory time that has been earned through the last day of work. B. Exempt Employees The overtime provisions of this policy shall not apply to employees whose positions have been designated as exempt employees. However, the City Manager may authorize overtime pay or compensatory time for such employees in emergency situations. PASSED AND ADOPTED by the Mayor and Council of the City of El Mirage, Arizona, this 1st day of December 2020. ______________________________ Alexis Hermosillo, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ______________________________ Sharon Antes, City Clerk Justin Pierce, City Attorney