Ordinance No. 9,480® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING
CHAPTER 7 OF THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO ADD
MORE COMPREHENSIVE INFORMATION REGARDING THE FAIR LABOR
STANDARDS ACT AND TO PLACE A CAP ON THE ACCUMULATION OF HOLIDAY
TIME; PROVIDING A REPEALING CLAUSE; CONTAIlVING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 7 "Compensation" of the City of Baytown Personnel Policy Manual is
hereby amended to read as follows:
CHAPTER 7
COMPENSATION
Section 1. Fair Labor Standards Act Policies and Procedures
Policy:
The Fair Labor Standards Act ( "FLSA" or "Act ") establishes minimum wage, overtime pay,
and child labor standards affecting full -time and part -time workers. The FLSA exempts from
the wage and hour provisions of the Act "any employee employed in a bona fide executive,
administrative, or professional capacity." All employees shall be divided into two classes, 1)
those that are exempt from the provisions of FLSA and 2) those that are non - exempt from the
provisions of FLSA. The Human Resources Department will review the job duties and
responsibilities of each position and determine whether it is exempt or non - exempt according
to the Act.
Overtime:
FLSA requires inclusion into the regular rate of pay "all remuneration for employment paid
to, or on behalf of, the employee." The regular rate of pay which is used to determine the
employee's overtime rate will include all remuneration paid to the employee, i.e., certificate
pay, longevity pay, car allowance, tool allowance, etc.
Unless specifically exempted, employees covered by the Act shall receive at least the
minimum wage for all hours worked, and in addition, shall receive time and one half their
regular rate of pay for all hours worked in excess of forty (40) hours in a workweek with the
exclusion of uniform fire, police, and jail personnel. All time not physically worked, except
for worker's compensation leave, will not be included in the calculation of overtime, i.e.,
holidays, personal holidays, sick days, vacation days, etc.
Overtime for Uniform Fire Personnel:
Uniform Fire Personnel will be paid at the overtime rate of time and one -half for all hours
worked in excess of the FLSA 207(k)- determined work period. All time not physically
worked, except for worker's compensation leave, will not be included in the calculation of
overtime, i.e., holidays, personal holidays, sick days, vacation days, etc.
Compensatory Time Agreement:
By this agreement and notification, the City has the right to award overtime pay in the form of
cash or time off. Compensatory time off at one and one -half times the hours of overtime
worked will be permitted in lieu of actual cash payment, which shall be determined by the
City.
Scheduling of Overtime and Compensatory Time:
All employees may be required to work hours in excess of their official hours, when
necessary, as determined by management. Extra work assignments shall be rotated as evenly
as possible among qualified employees. All overtime must be approved by the Department
Director, or designated representative, prior to working in excess of scheduled hours.
An employee who has accrued compensatory time and requests use of this time may be
permitted to use the time off within a "reasonable period" after making a request if it does not
"unduly disrupt" the operation of the City. Upon termination, an employee who has accrued
compensatory time shall be paid for the unused time at the average regular rate received by
such employee during the last three years of the employee's employment, or at the final
regular rate received by the employee, whichever is higher.
Cap on Compensatory Time:
FLSA limits the amount of compensatory time that can be accrued. The City has further
defined the cap on compensatory time to ensure the efficient operations of the City. The cap
on compensatory time cannot exceed:
9 320 actual hours, = 480 -comp hours for fire and police personnel.
➢ 160 actual hours = 240 comp hours for all other employees.
Hours in excess of this amount will be paid.
Individual departments within the City may further limit the cap on compensatory time to
ensure the efficient operations of the department. Prior to the changing of this cap, the
Human Resources Department must be notified in writing.
Holiday Time:
Time actually worked on a holiday will be paid at the double time rate or can be accrued to be
taken at a later date. The maximum accrual an employee may maintain is equal to but not
greater than two times the annual amount. All holidays in excess of this will be paid.
Flextime:
Flextime given during the week in which it was earned will be traded hour for hour because
the flextime used results in no actual overtime for the week. Department Directors and
supervisors should schedule flextime where applicable for more efficient operation of the
department and to minimize overtime.
Clothing Allowances:
Employees authorized to receive clothing allowance shall be paid on a reimbursement basis
® up to the annual amount designated by City Council.
• Standby Time:
All full -time employees who are waiting to be engaged (on call) and are subsequently called
into service shall be paid from the moment they are on -site or clock in, if required, until the
job is completed (two hours minimum).
Record Keeping:
Timekeepers will have full responsibility for calculating, monitoring, and reporting all hours
worked which shall be maintained in the payroll system and recorded on the employee's
check stub.
Pay Period:
The designated pay week for all City personnel with the exception of Uniform Fire Personnel
will be Monday through Sunday.
Trading Work Time (Emergency Response Personnel Only):
Trading Work Time is defined as a privilege allowing two employees to temporarily substitute
for one another during scheduled work hours in performance of work in the same capacity.
Trading Work Time may be used to gain time off to attend to personal business. This practice
is considered an agreement between two employees and the City assumes no financial
responsibility.
Longevity:
Regular full -time non -civil service employees shall be entitled to four dollars (54.00) per
month for each year of service to the City, not to exceed twenty-five years. Longevity for
civil service employees should be in compliance with the rates provided by Chapter 141 of the
Texas Local Government Code, or as amended by the collective bargaining agreement, and
the specific pay plan adopted by City Council. Part-time and temporary employees are not
eligible for longevity pay.
Release of Payroll Checks:
An employee's payroll check will not be released to another individual without a signature on
file in the Human Resources Department authorizing such action.
Travel Time:
Whether an employee's travel time must be counted as hours worked depends on the kind of
travel involved.
Commuting - Employees who travel to and from their homes to work are commuting,
which is not worked time. The same rule applies even if the work site changes every
day.
Travel that is all in a day's work - The time employees spend traveling from job site
to job site during the day is working time.
Travel away from home overnight - This travel time is working time during an
employee's regular work hours. It is also working time if employees travel during the
corresponding hours on non - workdays.
•
• Training Programs, Lectures, and Meetings:
Attendance at lectures, meetings, training programs, and similar activities need not be counted
as working time if these four criteria are met:
Attendance is outside of the employee's regular working hours;
Attendance is, in fact, voluntary;
The course, lecture, or meeting is not directly related to the employee's job;
and
4. The employee does not perform any productive work during such
attendance.
Involuntary Attendance (clarification)
Attendance is not voluntary if it is required by the City. It is not voluntary if the employee is
reasonably led to believe that his present working conditions, or the continuance of his
employment, would be adversely affected by nonattendance.
Training Diredtly Related to the Employee's Job (clarification):
The training is directly related to the employee's job if it is designed to make the employee
handle his job more effectively, as distinguished from training him for another job, or a new
additional skill level. Where a training course is instituted for the bona fide purpose of
preparing for advancement through upgrading the employee to a higher skill level, and is not
intended to make the employee more efficient in his present job, the training is not considered
directly related to the employee's job even though the course incidentally improves his skill in
doing his regular work.
Disciplinary Suspensions for Exempt Level Employees:
Exempt level employees may be suspended from work without pay, in any increments, for
violation of safety rules without affecting his exempt status.
If an exempt level employee is suspended without pay from work for reasons other than
safety, he must be suspended for an entire week to maintain his exempt level status.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the validityof the remaining provisions of this
ordinance or their application to other persons or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
4
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12u' day of December, 2002.
PETE C. ALFARO, Mayor
ATTEST:
_ r�
ii Y S:N11TH, City Clerk
APPROVED AS TO FORM:
9
ACIO RAMIREZ, SR ity Attorney
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