HomeMy WebLinkAbout5431 - Special Compensation ProvisionsWWC:mec
6/26/61
RESOLUTION NO. LU
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION V OF RESOLUTION
NO. 5289 RELATING TO SPECIAL COMPENSATION
PROVISIONS
WHEREAS, Section V of Resolution No. 5289 sets out special
compensation provisions; and
WHEREAS, it is necessary to amend said resolution relating
to compensation for overtime;
NOW, THEREFORE, BE IT RESOLVED that effective July 1, 1961,
Section V of Resolution No. 5289 is amended to read:
"SECTION V. SPECIAL COMPENSATION PROVISIONS.
A. Reinstatement.
1. Limitations. On recommendation by the department
Read and approval by the City Manager, a former employee
may be reinstated to the class of position he occupied
at the time of his termination, irrespective of the
existence of an open or promotional employment list for
the class, subject to the following conditions:
a. There must be a vacant position in the class
and no re- employment lists for such class.
b. He had completed at least one year of continuous
service in the class immediately prior to his
termination.
C. He terminated his City employment under favor-
able circumstances.
d. The reinstatement must occur within one year
after his termination.
e. He may be required to serve a probation period.
f. He may be required to take a medical examination
at his expense and as prescribed by the City
Manager.
2. Compensation. The compensation of a former City
employee who is reinstated in the class of position he
occupied at termination shall be as determined by the City
Manager.
an employee in a pos
termined as follows:
The salary of
shall be de-
1. Class with Same Salary Range. If the position is re-
classified to a class with the same salary range as the
previous class, and if the encumbent is appointed to the
reclassified position, the salary rate and the salary
anniversary date of the employee shall not change. This
provision shall also apply to a change of class title,
provided there is no change in the basic duties of the
position.
Z." Class with Hi her Salar Range. If the position is
rec assi ie to a c ass w t" a higher salary range than
the previous class, and if the encumbent is appointed to
the reclassified position, the change in his salary shall
be governed by Section IV, D, 2, a, (1) herein.
• 3. Class with Lower Salar Ran e. If the position is
reclassified to a c ass w t a ower salary range than
the previous class, and if the encumbent is appointed to
the reclassified position, his salary shall not change
unless it is greater than the maximum step of the lower
salary range, in which case it shall be reduced to the
maximum step of the new range. The employee's salary
anniversary date shall not change and he shall not be
required to serve a new probation period.
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C. Com ensation on Transfer. The salary rate and salary anni-
versary Gate ot an emp oyee w o is transferred shall not change.
D. Compensation for Portion of Pa Period. A regular or pro-
bationary appointee serving on a u -time basis who works less
than a full biweekly pay period, except when on authorized
leave of absence with pay, shall receive as compensation for
such period an amount equal to the number of hours worked times
the employee's hourly rate. The number of hours worked in such
biweekly pay period shall include paid holidays.
E. - Changes in Class Salary Ragge. If a class is allocated to
i
a erent salary range an employee in a position in that class
shall be compensated at the same step in the new range as he
was receiving in the previous range, and his salary anniversary
date-shall not change.
F. Compensation for Actigg ARROintments. Subject to the fol-
lowing limitations, an employee who is required on the basis of
an acting appointment to serve in a class with a higher salary
range than that of the class -in which he is normally assigned
shall receive the entrance salary rate of the higher salary
range or one rate higher than the rate he normally receives,
whichever is greater.
1. The written approval of the City Manager shall be
required.
2. The employee shall perform all the duties and assume
all the responsibilities of the higher class.
3. Only after the employee.has served the following
number of hours in the higher class may he be com
pensated at a higher rate. Such hours may be
accumulated during one or more acting appointments,
provided they are for at least one work weeks -
Established work week for class
40
72
Hours to be worked
before additional
compensation may be
granted
120
216
After the employee has worked the required hours in
the higher class,'he shall receive additional compensation
for subsequent acting appointments in that class, provided
that any such subsequent acting appointment of less than
a normal work week i.e., 5 consecutive,8 -hour shifts or
2.
6 consecutive 12 -ho'ur shifts) shall not be.compensable
at a higher rate.
G. Chan es in Salar Anniversary Date.. The granting -of any
leave o a sense without pay exceeding 30 calendar days shall
result in a new salary anniversary date for the employee.
Such date shall be based on his original salary anniversary
date plus the number of calendar days of his leave in excess
of 30 calendar days.
H. Compensation for Overtime. Subject to approval by the City
Manager and to the following provisions, a department head may
prescribe reasonable periods of overtime work to meet opera-
tional needs of his department.
Except as otherwise provided herein, overtime shall either
be paid at the hourly equivalent of the employee's biweekly
salary rate or granted as equivalent compensatory time off.
The method'of compensation shall be at the discretion of the
department head.
-t
ar
following provisions shall apply to aii nut. -rime re
and probationary appointees, except Fire Department
personnel on 12 -hour shifts and Police Department
personnel assigned to the Detective'Bureaue
The
a. Standby Duty. Standby duty in classes desig-
nated by the City Manager shall be compensated at
the rate of l hour of overtime compensation for
each 8 hours of such duty. Such compensation on
holidays shall be at the rate of 2 hours of over-
time compensation for each.8 hours of standby duty.
b. Call -back Duty. In addition to standby com-
pensation, i -f any, employees in classes designated
by the City Manager shall receive a minimum of 2
hours overtime compensation for any call which
requires them to return to duty.
C. Incidental Overtime. Incidental overtime is
not compensable. It is defined as overtime of
less than k hour that is non - recurrent and which
is not standby duty, call -back duty, or court time.
on 12 -hour Shifts. Fire
Department personnel on 12-hour s
overtime compensation as follows:
receive
a. Shift Hold -over. If an employee is required
to wor .an extra -hour shift, or 1 or more hours
thereof, because of the absence of another employee
assigned to that shift, such overtime shall be
compensable at the hourly equivalent of his biweekly
salary based on a 72 -hour week or by equivalent
compensatory time off.
• b. Standby Duty.. An employee who is required to
return to work during his off -duty hours for standby
duty, as distinguished from actual fire - fighting or
similar emergency, shall be compensated at the same
rate as employees on shift hold -over.
3.
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C. Fire or Similar Emer en If an employee
-who is not on standby or shi t hold -over duty is
required to return to work or to continue -on duty
during his off -duty hours for actual fire - fighting
or similar emergency designated by the department
head, he"shall receive a minimum of 3 hours over-
time compensation for the first hour and 1 hour
overtime compensation for each hour thereafter.
Such overtime compensation shall be at the hourly
equivalent of his biweekly salary based on a 72-
hour work week or equivalent compensatory time off.
Police Department personnel assigned by-the Police Chief
to the Detective Bureau, except the clerical staff, shall
not be eligible to receive paid overtime compensation for
service in the Detective Bureau unless recommended by the
Police,Chief and approved by the City Manager; subject
to the discretion of the Police "Chief and to paragraph 7
of this subsection, however, they may take compensatory
time off for unusual amounts of overtime worked.
A flat rate for each pay period to cover normal over-
time worked shall be specified by the City Council and
added to their salaries. All expenses incurred in and
directly related to the performance of their City duties
shall be reimbursable.
4. De artment Heads and Other "Ke Personnel. Department
heads an of er key personnel shal. not be eligible for
paid overtime. Compensatory time off for work beyond the
normal work week may be granted at the discretion of the
City Manager.
5. Other Emvloyees. Other employees, except Paid Call
Firemen, shall be paid at the hourly rate,established
for their class based on the number of hours actually
worked.
6. Court Time. Employees who are required to appear in
court during their off -duty hours in connection with City
business shall receive overtime compensation for the
number of hours they spend in court, with a minimum of
2 hours of.such compensation.
7. Accumulation of CoM nsator Time Off. Accumulated
overtime must a taken o f or paid for no later than the
end of the month following the month in which it was
worked; provided, however, that such accumulated over-
time may be taken off or paid for at a later date if the
City Manager in writing authorizes such procedure prior,
to the time such overtime is worked.
8. Special Overtime. Police and Fire personnel assigned
by the department head to work as policemen or firemen
• during their off -duty hours for private employers shall
receive paid overtime compensation at an hourly rate
specified in the Compensation Plan.
9. Jury Duty. No deduction shall be made in the salary
o an employee who serves on a jury if he has waived or
remitted to the City his fee for such jury duty. If he
has not so.waived or remitted the jury fee, he shall be
4.
paid only for the time he actually works in his City
position.. An employee accepted for jury duty shall
immediately notify his department head in writing
whether or not he waives or remits his jury fee to
the City."
ADOPTED this 26th &
ATTEST:
City Clerk
a-
5.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution Noe 5431 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a. regular meeting of
said City Council held at the regular meeting place thereof, on
the 26th
vote, to wit:
day of June , 19 61 , by the following
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Dated this 27th
Kingsley, Atkinson, Cook, Stoddard, Hart,
Lorenz, Somers
None
None
day of June , 19 61.
lY` �
City Clerk an p- ExjDfficio Clerk of trFe
City Cottneil, Cit of Newport Beach,
State of California.