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Home My WebLink AboutORD NO 2292 EMERGENCY ORDINANCE NO. 2292 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 3.18.030, 3.18.032, 3.18.034, REPEALING SECTION 3.18.035, AMENDING SECTION 3.18.140, REPEALING SECTION 3.18.150 AND AMENDING SECTION 3.18.154 OF THE MUNICIPAL CODE, CONCERNING COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE CITY OF BAKERSFIELD. BE IT ORDAINED by the Council of the City of Bakersfield as follows: This emergency ordinance establishes the work periods for employees of the City of Bakersfield and provides for compensatory time off for overtime worked in excess of such work periods. It is necessary that these provisions be effective upon adoption to pro- vide for the daily operation of a municipal department and to clarify the law of the City following the U.S. Supreme Court decision declar- ing certain amendments to the Fair Labor Standards Act invalid. SECTION 1. That Section 3.18.030 of Chapter 3.18 of Title 3 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 3.18.030 Basic Work Period. The standard work period for pro- bationary and permanent employees of the City of Bakersfield shall be 40 hours during a fixed period of seven 24-hour periods, for all classes of employment, with the exception of Fire Department employees who are assigned to work 24-hour duty shifts. The department head, with the approval of the City Manager, shall establish the workday for employees. The salary schedule and the computation of all employee benefits shall be based on a standard work period. SECTION 2. That Section 3.18.032 of Chapter 3.18 of Title 3 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 3.18.032 Work Period--Fire Department. The standard work period for probationary and permanent employees of the Fire Department, Assigned to 24-hour shifts, shall average 112 hours over a two-week pay period, to average121shifts on an annual basis. Such employees assigned to firefighting shall be on duty for a 24-hour period from 0800 (8 a.m.) to 0800 (8 a.m.) the following day. SECTION 3. That Section 3.18.034 of Chapter 3.18 of Title 3 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 3.18.034 Incentive Credit--Sanitation Division. Employees of the Sanitation Division of the Public Works Department who are assigned to routes shall work on an incentive work-period basis, i.e., if such employees complete their regularly scheduled work in less than eight hours per day, five days per week, such employees shall be credited for a full 40 hours worked and shall not lose holidays or other benefits because of fewer hours worked. SECTION 4. That Section 3.18.035 of Chapter 3.18 of Title 3 of Municipal Code of the City of Bakersfield is hereby repealed. the SECTION 5. That Section 3.18.140 of Chapter 3.18 of Title 3 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 3.18.140 Overtime. (a) Policy. In case of emergency, or whenever the public interest requires, employees may be requested to perform overtime work. The performance of overtime work by employees within the municipal service shall be kept to a minimum and authorized only when necessary for the efficient operation of the departments and activities of the City of Bakersfield. Overtime may only be author- ized by the department head or City Manager. (b) Eligibility. (1) All probationary and permanent employees designated by the letters (A), (B) or (C) preceding each class title in the Salary Schedule, as adopted by Resolution of the City Council, shall be eligible for payment of authorized overtime worked in excess of the established work period, or equivalent compensatory time off, as determined by the department head. (2) Probationary and permanent employees whose positions are designated by the letter (D) preceding each class title in the Salary Schedule as adopted by Resolution of the City Council, shall not be eligible for overtime compensation. Such employees are com- pensated on the basis of job responsibilities and the characteris- tics of the work performed. Additional time required to perform this work shall not be considered overtime. However, in the event department operations require extra work assignment of an employee so designated, the department head may recommend payment for addi- tional hours worked at the regular straight-time rate. All such extra work assignments and payment therefor must be approved in advance by the City Manager. (c) Rates of Payment For Overtime. (1) Eligible employees designated by the letters (A) or (B) may be authorized payment for one and one-half times the hours of authorized overtime worked in excess of the established work period, when the department head determines it is in the best inter- est of the operation of his department and the City of Bakersfield. (2) Eligible employees designated by the letter (C) may be authorized payment at the regular straight-time rate for hours of authorized overtime worked in excess of the established work period, when the department head determines it is in tile best inter- est of the operation of his department and the City of Bakersfield. (3) Eligible employees designated by the letter (B) who are required to be out of town for more than forty-eight (48) hours on an assigned investigation, shall be paid for twelve (12) hours at the regular straight-time hourly rate for a full 24-hour day from the time he reported for duty. For those hours worked which are less than the full 24-hour increment, he shall be paid at the regular straight-time hourly rate for hours worked, not to exceed twelve (12) hours. (d) Compensatory Time. (1) Eligible employees designated by the letters (A) or (B), may be credited with compensatory time off at one and one-half times the hours of authorized overtime worked in excess of the established work period, in lieu of payment therefor under sub- section (c)(1). Such compensatory time shall be taken off in accordance with the Administrative Rules and Regulations. (2) Eligible employees designated by the letter (C) may be credited with compensatory time off at the regular straight-time rate for authorized overtime worked in excess of the established work period, in lieu of payment therefor under subsection (C)(2). Such compensatory time shall be taken off in accordance with the Administrative Rules and Regulations. (e) Overtime Accumulation. (1) Eligible employees designated by the letters (A), (B), or (C) preceding each class title in the Salary Schedule as adopted by Resolution of the City Council, may accumulate overtime as compensatory time. Such compensatory time shall not exceed forty (40) hours. All overtime worked beyond the specified maximum shall be paid in accordance with the Administrative Rules and Regu- lations. Accumulation of more than the specified maximum shall require prior approval of the City Manager. (2) Overtime Accumulation--Fire Department. Overtime accumulated as compensatory time for eligible employees of the Fire Department assigned to a 24-hour duty shift shall be converted to a fraction of a shift. Such employees may accumulate compensatory time up to, but not exceeding, a credit of four (4) 24-hour duty shifts. All other eligible employees of the Fire Department may accumulate compensatory time up to, but not exceeding, a credit of forty (40) 4. hours. All authorized overtime worked beyond the specified maximum shall be paid in accordance with the Administrative Rules and Regu- lations. Authorized accumulation of more than the specified maximum shall require prior approval of the City Manager. (3) Eligible employees receiving a promotion to a class or position with a higher designated salary range shall first be compensated with time off or equivalent pay for all authorized overtime accumulated, except as designated in the Administrative Rules and Regulations. (f) Overtime--Call-back Firefighting. Employees of the Fire Department called back to fight a fire shall be compensated with a credit of compensatory time off at two times the hours of overtime worked or equivalent pay as determined by the department head. Such overtime for those employees assigned to a 24-hour duty shift shall be converted to a fraction of a shift for purposes of recording compensatory time earned. (g) Overtime Compensation--Pay-Period Basis. When overtime pay is authorized by the department head, eligible employees shall be compensated for overtime work performed on a pay-period basis. Pay for such overtime worked in excess of the established work period shall be designated on the employee's statement of earnings accompanying the employee's pay check (check stub). (h) Overtime Compensation--Termination. Any eligible employee who has authorized overtime accumulated at the time of his termination from service with the City of Bakersfield shall receive cash com- pensation for the overtime calculated upon his rate of pay at the applicable rate at the time of termination. SECTION 6. That Section 3.18.150 of Chapter 3.18 of Title 3 of Municipal Code of the City of Bakersfield is hereby repealed. the o SECTION 7. That Section 3.18.154 of Chapter 3.18 of Title 3 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 3.18.154 Stand-by--Additional Compensation--Except Police and Fire. If an employee, other than a police or fire department employee, who is on call is not confined to his home or any par- ticular place, but is required only to leave word where he may be reached, the hours spent on such stand-by call are not working time. Any such employee who is requested to be on call under this section, on his normal day off, shall be compensated at the rate of five dollars per 8-hour shift. Such employee actually called back to work during such on-call time shall be paid the said stand-by rate and his hourly rate for one and one-half times the hours worked computed to the nearest one-tenth of an hour. All stand-by assign- ments must be made and authorized by the department head. SECTION 8. This ordinance is an emergency ordinance under Section 24 of the City Charter and shall become effective immediately in accordance with the preamble above. .......... o0o .......... I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 13thday of September , 1976, by the following vote: em~m- ~ BART., BLEECRER, CHRISTENSEN, MEDD£~, ~ER~, ~,.~ ~ ~ COU~;iL,J:ii: '~ _ ......... ¢'.2M _. ~: * '~ CITY G~LERK and E~ ~)fficio Cler.k of the Council of the Cffy of Bakersfzeld APPROVED this 13th da~ of September , 1976 (~YOR of'the City of Bakersfield APPROVED as to form: ---:/ .. CITY ~O~NEY o'~ tzh~' City of Bakersfield Aff a R of os ng STATE OF CALIFORNIA, ~ County of Kern ~ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that om ........................... ...S...e...~.~ e_.~...b..~..r.._..~..~.:. .................................................. 19....~..~. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..... S_~l~.~_.e...r~.12.~..~....~.~.~ ...................................., 19...~..6...., which ordinance was numbere& ...... .~..~.~2 ............New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 3.18.030, 3.18.132, 3.18.034, REPEALING SECTION 3.18.035, AMENDING SECTION 3.18.140, REPEALING SECTION 3.18.150 AND AMENDING SECTION 3.18.154 OF THE MUNICIPAL CODE, CONCERNING COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE CITY OF BAKERSFIELD. Subscribed and sworn to before me this . .~.. day of ~q~.t ~p~ .e..~'. ......... Marguerite Anderson