Ordinance NO. 2011-2

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2011- 2

TITLE: AN ORDINANCE AMENDING THE TOWN OF MOUNTAIN VIEW PERSONNEL POLICIES HANDBOOK BY REPEALING AND REENACTING ARTICLE 4, SECTION 2, ENTITLED OVERTIME / COMPENSATORY TIME, BY REPEALING AND REENACTING ARTICLE 5, SECTION 1, ENTITLED INTRODUCTION, AND BY REPEALING AND REENACTING ARTICLE 5, SECTION 10, ENTITLED PART-TIME EMPLOYEE BENEFITS

NOW, TIIBREFORE, TIIB COUNCIL OFTHETOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section I. The Town of Mountain View Personnel Policies Handbook, Article 4, Section 2, entitled Overtime/Compensatory Time, is hereby repealed and reenacted as set forthin the document attached hereto and incorporated herein by this reference. Copies of the new Section shall be provided to all employees no later than the effective date of this Ordinance.

Section 2. The Town of Mountain View Personnel Policies Handbook, Article 5, Section 1, entitled Introduction, is hereby repealed and reenacted as set forth in the document attached hereto and incorporated herein by this reference. Copies of the new Section shall be provided to all employees no later than the effective date of this Ordinance.

Section 3. The Town of Mountain View Personnel Policies Handbook, Article 5, Section 10, entitled Part-time Employee Benefits, is hereby repealed and reenacted as set forth in the document attached hereto and incorporated herein by this reference. Copies of the new Section shall be provided to all employees no later than the effective date of this Ordinance.

Section 4. Safety Clause. The Town Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 5. Severability. I f any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 6. Effective Date. This Ordinance shall become effective ten (10) days after passage.

ARTICLE 4
METHOD OF COMPENSATION FOR EMPLOYMENT

SECTION 2.
OVERTIME/COMPENSATORY TIME

Exempt Employee: An employee who is exempt from the coverage of the Fair Labor Standards Act. An exempt employee is not subject to the overtime pay requirements of the Act.

Non-Exempt Employee: An employee who is covered by the Fair Labor Standards Act. A non exempt employee is subject to the overtime pay requirements of the Act. This definition includes partially-exempt employees as defined by the Act.

Work Week: Shall consist of seven (7) consecutive days in which a full-time employee normally works forty (40) hours.

Work Period: Defined by 29 U.S.C. Section 207(k) of the Fair Labor Standards Act and determined to be eighty (80) hours within a two (2) week period.

Work Breaks: Work breaks and lunch breaks shall be established on an operational basis. Work breaks that are less than fifteen (15) minutes, excluding lunch breaks, are discretionary except as otherwise provided by law and will be counted as time worked whether or not the breaks are taken. Scheduled work breaks of fifteen (15) minutes or more, excluding lunch breaks, shall not be counted as time worked.

Call-Back:

1. Unscheduled Call-Back: When a non-exempt employee is called back to work after the end of his/her regular shift, the employee will be paid for a minimum of one (1) hour. In addition, the employee will be paid for actual travel time (within the acceptable limits that are established by an appropriate supervisor) to and from the work site. Travel time due to call-back will count as time worked for purposes of calculating overtime, but in no event shall travel time exceed thirty (30) minutes.

2. ScheduledReturntoWork: Ifanynon-exemptemployeeisrequestedtoand does return to work in advance of the regular work schedule or, upon request, stays after the regular work schedule, the regular provisions regarding overtime pay will apply and the minimum one (1) hour call-back provision will not apply.

3. Emergency Call-Back: For the purpose of computing overtime, paid benefits and leaves shall not be included in hours worked, except for emergency call-outs. In the case of emergency call-out, overtime shall be paid at the rate of one and one half (1 and 1/2) times regular hourly pay rate for hours worked in addition to the scheduled work day or work week.

On-Call: On-call time is not considered hours worked when the employee is completely relieved from duty; is not required to remain on Town of Mountain View premises; and is free to engage in his/her own personal pursuits, subject only to the requirement that the employee be able to respond to the Town’s premises within thirty (30) minutes of such request by such methods as call to cell phone, call-forwarding, paging, or answering service system. In the event more restrictive conditions are placed on the employee than provided herein, then the employee will receive one (1) hour straight-time for every eight (8) hours of on-call time.

General Employees: All authorized and approved hours worked by employee in positions eligible for overtime (i.e. non-exempt) in excess of eighty (80) hours in a fourteen (14) day work period shall be paid at the rate of one and one-half (1 and 1/2) times the individual employee’s regular rate of pay.

All overtime for non-exempt employees must be authorized in advance by the employee’s supervisor and with concurrence of the appropriate supervisor. Supervisory and administrative staff are responsible for assuring that no overtime is worked unless specifically authorized.

Compensatory time, earned at one and one-half (1 and 1/2) times the hours actually worked beyond eighty (80) hours, may be substituted for overtime pay at the discretion of the appropriate supervisor. Compensatory time shall be taken with the approval of the appropriate supervisor, and accrued compensatory time shall not exceed forty (40) hours at any one time within a calendar year. If an employee is at the maximum for compensatory time, then overtime will be paid for hours in excess of eighty (80) hours per pay period. In the event accrued compensatory time has not been taken by December 31, the balance of compensatory time should be reduced to a maximum of eight (8) hours by December 31 of each year by payment of the accrued compensatory time to the employee. The appropriate supervisor or his/her designee will determine the need for overtime and when it will be authorized. In an emergency situation, approval of overtime may be obtained from the appropriate supervisor on the next working day following the overtime.

Exempt employees, as defined by the F.L.S.A., are expected to be flexible about working other than their regular work schedule and are not entitled to overtime compensation.

Part-Time Employees: A n employee who is regularly scheduled for less than sixty-four (64) hours in a pay period, is considered “Part-Time.”

Full-Time Employee: A n employee who is regularly scheduled for seventy (70) or more hours in a pay period, is considered “Full-Time” and is salaried.

SECTION I. INTRODUCTION

ARTICLE 5 BENEFIT AND LEAVES

Except as otherwise provided herein, only full-time general employees, full-time sworn police officers with a rank of Sergeant or higher, or salaried part-time supervisory employees (which excludes hourly non-supervisory part-time and seasonal employees), are the only employees of the Town that receive the leaves and benefits described herein including, but not limited to, retirement benefits, medical benefits, and general, personal, and bereavement leave.ARTICLE S BENEFIT AND LEAVES

SECTION 10.

PART-TIME EMPLOYEE BENEFITS

Part-Time: An employee who is hired as a part-time employee into a position which does not exceed one thousand, six hundred sixty-four (1,664) hours annually and will not be eligible for any benefits except Town retirement plan, worker’s compensation and unemployment insurance except as provided by law.

Temporary and Seasonal: An employee hired into a work assignment which has a specified time period normally less than six (6) months. A temporary/seasonal employee will not be eligible for any benefits provided under these Personnel Policies and Procedures except Social Security and worker’s compensation except as otherwise provided by law or regulation. A temporary/seasonal employee may work more than twenty-nine (29) hours in a work week during the term of the temporary/seasonal employment.

INTRODUCED, FIRST READ, PASSED AND ORDERED POSTED ON FIRST READING THIS 13TH DAY JUNE, 2011

PASSED, ADOPTED, AND APPROVED ON SECOND READIN THIS 11TH DAY OF JULY, 2011