R-690-4-86RESOLUTION NO. 690-4-86(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AMENDING CERTAIN POLICIES AND
PROCEDURES AS THEY PERTAIN TO CITY EMPLOYEE BENEFITS,
INCLUDING OVERTIN[E PAY, COMPENSATORY TIME AND VOLUNTEER
TIME; AND AMENDING THE CITY'S PERSONNEL/POLICIES AND
PROCEDURES MANUAL ACCORDINGLY.
WHEREAS, the City Council has adopted a Personnel/Policies
and Procedures Manual (effective September 1, 1980) to provide
a high degree of understanding, cooperation, efficiency and
unity between the City and its employees through a systematic
and uniform application of modern personnel practices; and,
WHEREAS, the United States Supreme Court has held that
the Fair Labor Standards Act ("The Act"), as passed and
amended by the Congress and signed into law by the President,
shall apply to all state and local governments in their
relations with respective employees; and,
WHEREAS, a comprehensive review has determined that
certain changes to the City's personnel policies and procedures
are required pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT:
Section I. The City Council directs staff to implement
the following changes in the Personnel/Policies and Procedures
Manual.
a) Chapter I, Section 1 is hereby amended with the following
paragraph: "h. to comply fully with controlling wage
and hour requirements of state and federal law,
especially the national Fair Labor Standards Act
(FLSA), as amended."
Resolution No. 690-4-86(R) Page 2
b) Chapter I, Section 3 is hereby amended with the
following paragraph: "The City Manager or Personnel
Director will periodically identify all positions
which are exempt from, and which are subject to, the
wage and hour requirements of state and federal law.
In general, exempted positions will include the City
Manager, all department directors, and certain
administrative or professional assistants."
c) Chapter VII is hereby amended by inserting a new
Section 2 to read: "Section 2 -- Working Hours.
Non-exempt employees (those covered by FLSA) are
instructed not to work outside their scheduled duty
times except under prior authorization from a
superior.
"The City Manager or Personnel Director will establish
work cycles for the Police and Fire Departments upon
the recommendation of the respective Chiefs. All other
departments will operate by a seven-day work cycle.
Each week in a work cycle will average 53 hours of
scheduled duty for firefighters, and 40 hours of
scheduled duty for all other non-exempt employees.
"Work cycles are used to define the periods in which
overtime and compensatory time are calculated, and may
or may not coincide with pay periods. "Hours worked,"
for the purpose of calculating overtime and compensatory
time, will not include sick time."
d) Chapter VII is hereby amended with a new Section 3
to read: "Section 3 --Overtime. The City Manager may
authorize overtime compensation for the maintenance of
essential City functions and meeting the operational
needs of the City. All non-exempt employees are eligible
for overtime compensation; exempt employees are not.
The City's policy shall be to allocate overtime as
evenly as possible among all employees qualified to do
the job.
Resolution No. 690-4-86(R) Page 3
"Overtime is time worked in excess of an employee's
regularly scheduled work cycle. The overtime rate of
compensation is 1, times the normal salary. Supervisors
may authorize overtime based on prior approval from
the City Manager."
e) Chapter VII is hereby amended with a new Section 4,
to read: "Section 4 -- Compensatory Time. Compensatory
time is time off duty in lieu of payment for overtime
hours worked. The City Manager may authorize compensa-
tory time for exempt personnel on an individual basis.
When necessary and feasible, compensatory time may be
offered to non-exempt personnel upon approval by the
City Manager. Compensatory time will accrue at the
rate of 1z hours to each hour worked when authorized.
"Compensatory time may accumulate to individuals
over time,up to 480 hours for employees engaged in
public safety, emergency response or seasonal activities,
and up to 240 hours for all other non-exempt employees.
Upon separation, accrued compensatory time will be
paid to employees at their current rate of pay or
their average rate of pay over the previous three
years, whichever is higher."
f) Chapter VII, Section 4 -- Callback Pay is hereby
retitled "Section 6 -- Callback Pay." Portions of
the pre-existing Personnel/Policies and Procedures
Manual which are in conflict with the amendments above
are hereby repealed.
Section II. These changes will take effect beginning
April 14, 1986.
Resolution No. 690-4-86(R)
Page 4
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN, COUNTY, TEXAS, ON THIS THE 3rd DAY OF
APRIL, 1986.
APPROVED:
2, US AW05256, 01 RUN- j'
Donald P. Rodehbau4h, MAYOR
ATTEST:
&Ak _
Marty Hendrix CITY SECRETARY