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038 of 2009 - approving overtime and other pay allowances for all non-represented employees 0 09-1 0 09-21 SALT LAKE CITY ORDINANCE No. 38 of 2009 (Approving Employee Overtime & Other Pay Allowances for All non-represented Employees of Salt Lake City) AN ORDINANCE APPROVING EMPLOYEE OVERTIME & OTHER PAY ALLOWANCES FOR ALL NON-REPRESENTED EMPLOYEES OF SALT LAKE CITY. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the attached Employee Overtime & Other Pay Allowances for all non-represented Salt Lake City employees. Three copies of said Employee Overtime & Other Pay Allowances shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The Employee Overtime & Other Pay Allowances shall not apply to employees whose employment terminated prior to the effective date of this Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on July 1, 2009. Passed by the City Council of Salt Lake City, Utah, this 16th day of June , 2009. APPPrOVED AS TO FORM Salt l e City A s NJ Dais u n 2 (Z Zoo BY C AIRPERS • ATTEST: CITY RECORDE ;1 ?1,! .I Transmitted to the Mayor on _ _ �AO S�'P Mayor's Action: f' Approved. Vetoed. RATE �I ti1� /I"I MAY OP ATTEST: T RECORDE 71 II (SEAL) ', ? ,3 ,� � R Bill No. 38 of 2009. Published: 7-1-09 2 EMPLOYEE OVERTIME & OTHER PAY ALLOWANCES" This ordinance shall apply to all City employees not otherwise represented by a recognized collective bargaining unit and not covered by the provisions of an applicable memorandum of understanding. OVERTIME COMPENSATION A. Payment of Overtime Compensation To Non-Exempt Employees. Management may authorize or require FLSA non-exempt employees to perform City work on an overtime basis as defined by the Fair Labor Standards Act. Overtime shall be compensated by actual payment of 1 `/2 times the regular hourly rate or given compensatory time off at a rate of 1 I/2 hours for each hour of compensable time for which overtime compensation is required. 1. In addition to hours actually worked, all holiday leave hours paid shall be used in the calculation of overtime. Determination whether an employee receives cash payment or compensatory time off shall be at the discretion of the Department Director, subject to the limitations of the Fair Labor Standards Act and City policy. 2. An employee may receive compensatory time for overtime up to a maximum of 80 hours. The City may, at its sole discretion, pay an employee for any or all accrued compensatory hours. B. Labor Costs—Declared Emergency. The City may pay exempt"600 Series" and"Appointed" (excluding Department heads/officials) employees overtime pay for any hours worked over forty (40)hours in a workweek at a rate of I- 1/2 times their regular hourly rates of pay. The City shall only make such payment when all of the following conditions occur: 1. The Mayor or the City Council, pursuant to Salt Lake City Ordinance 2.04.030, or its successor provisions, has issued a"Proclamation of Local Emergency;" and, 2. Exempt employees are required to work over forty (40) hours for one workweek during the Emergency period: and, 3. Funds are available. The City shall determine if funds are available and obtain prior approval from the Mayor to use available funds to cover the overtime payments. The City shall distribute any overtime payments consistently with a pre- defined standard that treats all employees equitably. Hours worked under a declared Emergency must be paid hours and cannot be accrued as compensatory time. IL LONGEVITY PAY A. Eligibility. Full-Time employees who have completed 6 full years of employment with the City shall receive a monthly longevity benefit in the sum of$50.00. Said benefit shall be $75.00 per month for employees who have completed 10 full years of employment with the City. Said benefit shall be $100.00 per month for employees who have completed 16 full years of employment with the City. Said benefit shall be $125.00 per month for employees who have completed 20 full years of employment with the City. The computation of longevity pay shall be based on the most recent date the person became a Full-Time salaried employee. 1. "Appointed" employees shall not be eligible for longevity benefits. B. Pension Base Pay. Longevity paid to full-time employees pursuant to paragraph A of this section shall be deemed included within base pay for purposes of pension contributions. C. Longevity pay is paid pro-rata each bi-weekly pay period, based on the most recent date the person became a full-time salaried employee. Employees do not earn or receive longevity payments while on unpaid leave of absence. Upon return from an approved, unpaid leave of absence, longevity payments shall resume on the same basis as if the employee had not been on such leave of absence. III. WAGE DIFFERENTIALS A. Call-back and Standby. Full-Time "300 Series" employees may receive call- back and standby compensation based on Department Director approval and the following guidelines: 1. Employees who have been released from normally scheduled work and standby periods, and who return to their normal work site upon direction of an appropriate department head or designated representative prior to their next normal duty shift and without advanced notice or scheduling, shall receive a minimum of three (3) hours straight-time pay and in addition shall be guaranteed a minimum four(4) hours work or straight- time pay thereof. 2. Employees who have been released from normally scheduled work but have not been released from standby status and who return to their normal work site upon direction of an appropriate department head or designated representative prior to their next normal duty shift and without advanced notice or scheduling, shall be guaranteed a minimum four(4) hours work or straight-time pay thereof. 3. Employees may be eligible for: (1)two hours of straight time pay for each 24 hour period of limited standby status; or (2) two hours straight time pay for each 12-hour period of limited standby status if they are Department of Airports or Public Utilities Department employees. Any employee on standby as a member of the Snow Fighter Corps shall not receive standby/on-call pay or shift differential when on standby or called back to fight snow. B. Shift Allowance/Differential. Full-time "300 Series" and "600 Series" employees who work a swing shift or night shift may receive an allowance or differential. 1. All shift differential pay shall be included when computing overtime. Employees who are receiving the snow fighter corps differential pay shall not receive a shift differential while receiving snow fighter corps differential pay. 2. Swing Shift: If the majority of the hours in a regularly scheduled shift are between the hours of 3:00 p.m. — 10:00 p.m. and 4:00 a.m. —9:00 a.m., a "300 Series" employee shall receive an allowance of$0.70 for each hour of that shift; a full-time "600 Series" employee is eligible to receive an allowance not to exceed $73.60 per pay period. 3. Night Shift: If the majority of the hours in a regularly scheduled shift are between 10:00 p.m. and 4:00 a.m., a"300 Series" employee shall receive a premium of$0.90 for each hour of that shift; a full-time "600 Series" employee is eligible to receive an allowance not to exceed $97.43 per pay period. 4. "700 Series Employees: Employees classified as "700 Series"may receive a shift differential based upon Department Director approval. The same rates paid for shift work performed by regular full-time employees in similar classifications apply. C. Police Lieutenant Shift Differential: Employees classified as "500 Series" Police Lieutenants shall be paid shift differentials according to the approved wage schedule. Shifts are to be determined as follows: 1. Day shift begins at 0500 hours until 1159 hours. 2. Swing shift begins at 1200 hours until 1859 hours. 3. Graveyard shift begins at 1900 hours until 0459 hours. D. Acting/Working out of Classification. Management, with guidance from a department head, may temporarily assign additional higher-level job duties to employees which may include some or all of the duties of a supervisor or other team member. In consultation with the Division of Human Resource Management, a department head may elect to grant additional compensation to an employee for work performed in an acting capacity or otherwise beyond the employee's regular job classification, as deemed approriate. 1. Typically, additional compensation is provided when a temporary assignment lasts for more than 20 working days. Compensation adjustments may be retroactive to the start date of the temporary job assignment. E. Snowfighter Pay for Full-Time "300 Series" Employees Designated by the City. Full-Time "300 Series" employees designated by the City as members of the Snow Fighter Corps shall receive a pay differential equal to $200 per pay period for the snowfighter season not to exceed $2,000 during each fiscal year of this compensation plan. Such pay differential shall be for work related to snow removal and shall be separate from regular earnings on each employee's wage statement. 1. Employees who are qualified to operate snow-removal equipment shall be assigned to the Snowfighter Corps by department seniority on a volunteer basis. If the City does not have enough volunteers to staff a snowfighter crew, as determined by the supervisor or department head, employees shall be assigned on a department seniority basis, with the junior employees assigned first. 2. Any employee otherwise qualified for the allowance, who is absent from normal scheduled work more than five working days in a pay period, shall be ineligible to receive the allowance for that pay period. Vacation and compensatory time shall not be considered as absent work days for purposes of determining eligibility for this allowance. IV. EDUCATION AND TRAINING PAY A. Education Incentives. The Mayor may adopt programs to promote employee education and training, provided that all compensation incentives under such programs are authorized within appropriate budget limitations established by the City Council. 1. Police Captains and Lieutenants are eligible for a $500 per year job- related training allowance. 2. Fire Department employees shall be eligible for incentive pay following completion of degree requirements at a fully accredited college or university and submission of evidence of his/her diploma to the Fire Chief or designee. Education incentive pay shall be awarded according to the following monthly allowances according to the educational degree held: Doctorate . $100.00 Masters $75.00 Bachelors $50.00 Associate . $35.00 a. No employee shall be entitled to compensation for an educational degree which qualifies the employee for his/her position of employment; or for any degree which is not specifically related to the employee's actual employment duties. V. ALLOWANCES A. Meal Allowance. Employees shall be eligible for meal allowances in the amount of$10.00 when said employees work two or more hours consecutive to their normally scheduled shift, as pre-approved by their supervisor. Said employees may also receive $10.00 for each additional four hour consecutive period of work which is in addition to the normally scheduled work shift, as preapproved by their supervisor. 1. Fire Department employees shall provided with adequate food and drink to maintain safety and performance during emergencies or extraordinary circumstances. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred in the performance of City business. Advancement or reimbursement shall be approved only for expenses documented and authorized in advance within budget limitations established by the City Council. C. Automobiles 1. The Mayor may authorize, subject to the conditions provided in City policy, an employee to utilize a City vehicle on a take-home basis, and may require said employee to reimburse the City for a portion of the take- home vehicle cost as provided in City ordinance. 2. Employees who are authorized to use, and who do use, privately owned automobiles for official City business shall be reimbursed for the operation expenses of said automobiles at the rate specified in City policy. 3. A car allowance may be paid to Department Directors, the RDA Director and up to three employees in the Mayor's Office at a rate not to exceed $400 per month as determined by the Mayor. A car allowance may be paid to the Council Executive Director at a rate not to exceed $400 per month as determined by the Council Chair. A car allowance may be paid to specific Appointed employees at a rate not to exceed $400 per month as recommended by the Mayor and approved by the Council. D. Uniform Allowance. Employees shall be provided the following monthly uniform allowances when required to wear uniforms in the performance of their duties: 1. Airport Police supervisory employees—$75.00 2. Field Supervisor(Parking Enforcement)—$65.00 3. Non-sworn Police and Fire Department employees—$65.00 4. Watershed Management Division Personnel—$65.00 5. Fire: "900 Series" Battalion Chiefs shall be provided uniforms and other job-related safety equipment, as needed. Employees may select uniforms and related equipment from an approved list. The total allowance provided shall be $475 per year, or the amount received by the 400 Series employees, whichever is greater. Appointed employees shall be provided uniforms or uniform allowances to the extent stated in Fire Department policy. a. Dangerous or contaminated safety equipment shall be cleaned, repaired, or replaced by the Fire Department. 6. Police: "800 Series" Police Lieutenants and Captains in uniform assignments, as determined by their Division Commander, may purchase authorized uniform items up to $450.00 per fiscal year. a. The City shall provide for the cleaning of uniforms as described in Police Department policy. b. Employees in plainclothes assignments, as determined by their Division Commander, shall be provided a clothing and cleaning allowance of$ 39.00 per pay period. c. In addition to the above uniform, clothing and cleaning allowances, employees shall be allowed one additional uniform consisting of a uniform pant, shirt, and tie. The cost of this additional uniform shall be paid for by the Police Department. d. Uniforms or uniform allowances for Police Appointed employees shall be provided to the extent stated in Police Department policy. E. Allowances for Certified Golf Teaching Professionals. The Mayor may, within budgeted appropriations and as business needs and market surveys indicate, authorize golf lesson revenue sharing between the City and employees recognized as Certified Golf Teaching Professionals as defined in the Golf Division's Golf Lesson Revenue Policy. Such individuals may be salaried or seasonal employees. Payment to an employee for lesson revenue generated shall be reduced by 1) a 10 percent administrative fee to be retained by the Golf Division, and 2)the employee's payroll tax withholding requirements in accordance with federal and state law. F. Other Allowances. The Mayor or the City Council may, within budgeted appropriations, authorize the payment of other allowances in extraordinary circumstances (as determined by the Mayor or the City Council) and as dictated by City needs. VI. SEVERANCE BENEFIT A. Subject to availability of funds, any current Appointed employee who is not retained, not terminated for cause and who is separated from City employment involuntarily shall receive severance benefits based upon their respective appointment date. Severance benefits shall be calculated using the employee's salary rate in effect on the employee's date of termination. Receipt of severance benefits is contingent upon execution of a release of all claims approved by the City Attorney's Office. 1. Current Appointed Employees Who Were Appointed Before January 1, 1989 shall receive a severance benefit equal to one month's base salary for each year of continuous City employment, calculated on a pro-rata basis, for a total benefit of up to a maximum of six months. 2. Current Appointed employees appointed on or after January 1, 1989 and before January 1, 2000 shall receive a severance benefit equal to one months' base salary for each continuous year of City employment before January 1, 2000. Severance shall be calculated on a pro-rata basis for a total benefit of up to a maximum of six months. 3. Current Department heads appointed on or after January 1, 2000 shall receive a severance benefit equal to two months' base salary after one full year of continuous City employment; four months' base salary after two full years of continuous City employment; or, six months' base salary after three full years or more of continuous City employment. 4. Current Appointed employees who are not Department heads, and who were appointed on or after January 1, 2000 shall receive a severance benefit equal to one week's base salary for each year of continuous City employment, calculated on a pro-rata basis, for a total benefit of up to a maximum of six weeks. B. Leave Payout: Appointed employees_with leave hour account balances under Plan A or Plan B shall, in addition to the severance benefit provided, receive a severance benefit equal to the "retirement benefit" value provided under the leave plan of which they are a participant (either Plan A or Plan B), if separation is involuntary and not for cause. C. Not Eligible for Benefit. An Appointed employee is ineligible to be paid severance benefits under the following circumstances: 1. An employee who, at the time of termination of employment, has been convicted, indicted, charged or is under active criminal investigation concerning a public offense involving a felony or moral turpitude. This provision shall not restrict the award of full severance benefits should such employee subsequently be found not guilty of such charge or if the charges are otherwise dismissed. 2. An employee who has been terminated or asked for a resignation by the Mayor or Department Director under bona fide charges of nonfeasance,misfeasance or malfeasance in office. 3. An employee who fails to execute a Release of All Claims approved by the City Attorney's Office, where required as stipulated above.