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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. 0 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. 0 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. 0 0 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.