HomeMy Public PortalAboutAB 04-178 Compensable Time Policy RevisionMcCALL CITY COUNCIL 216 East Park Street
AGENDA BILL McCall, ID 83638
Number AB 04-178
Meeting Date November 18, 2004
AGENDA ITEM INFORMATION
SUBJECT:
Compensatory Time
Policy contained in the City of McCall Personnel Policy Manual.
Approvals: Department/
Committee/Individual
Initials
Remarks
(Originator/Support)
Mayor / Council
City
Manager
Community Development
Treasurer
Clerk
Police Department
Public Works
Golf Operations
Parks & Recreation
COST
IMPACT: $0.00
Airport
FUNDING SOURCE: n/a
Library
City Attorney
TIMELINE: none
Grant Coordinator
Other – Human Resources
Originator
SUMMARY
STATEMENT:
The purposed changes to the “Compensatory Time Policy” consist of deleting three requirements included in the policy. Below is a summary and the rationale regarding the
deletions:
The City Manager must determine comp. time is in the best interest of the City and provide prior written approval before employees are allowed to work over forty hours.
Adherence to this requirement is difficult because of time constraints inherent in the functional areas such as the Police and Public Works Departments.
Department Heads may choose
to require employees to use comp. time instead of paid overtime. The Fair Labor Standards Act states that an employee’s decision to accept compensatory time must be made “freely and
without coercion or pressure” (29 C.F.R. §553.23).
Employees must use comp. time accrued on or before December 31 by March 31 the following year, or the City will pay out the amount
of hours accrued. This requirement has posed problems with certain departments because it is nearly impossible for employees to take time off of work during the winter months. It is
also during the winter months that most comp. time is earned.
RECOMMENDED ACTION:
Adopt the attached revised text regarding the “Compensatory Time Policy” contained in the City
of McCall’s Personnel Policy Manual.
RECORD OF COUNCIL ACTION
Meeting Date
ACTION
11/18/2004
Adopted the attached revised text regarding the “Compensatory Time Policy” contained
in the City of McCall’s Personnel Policy Manual.
Current Policy
(Highlighted portions are the desired deletions)
Compensatory Time Policy. The City’s general policy is not to allow the use of compensatory time in lieu of paid
overtime. In circumstances where the City Manager determines that the use of compensatory time is in the best interest of the City, Department Heads may authorize the use of compensatory
time. With prior written approval of the City Manager, a department head may permit employees to be compensated for hours worked over forty with compensatory time based at time and
a half in lieu of overtime. All compensatory time must be approved in advance by the department head, subject to review by the City Manager. Additionally, Department Heads may choose
to require compensation using compensatory time in lieu of paid overtime, subject to City Manager review. No employee may accrue more that 56 hours of compensatory time. Compensatory
time must be used within three months of the end of the calendar year in which it is earned. If the employee does not use the time accrued on or before December 31 by March 31 of the
following year, the City will pay the employee for those hours. At their discretion, the City Manager and Department Heads have the authority to require employees to use accrued compensatory
time at a time determined by the City Manager or Department Head. Once the election to accrue compensatory time has been made, the election shall be binding and the employee may not
later receive payment for accrued compensatory time except for when being paid for actually using compensatory time off or upon involuntary termination or as indicated above.
Proposed
Policy Change
Compensatory Time Policy. The City’s general policy is not to allow the use of compensatory time in lieu of paid overtime. All compensatory time must be approved in advance
by the department head, subject to review by the City Manager. No employee may accrue more that 56 hours of compensatory time. At their discretion, the City Manager and Department Heads
have the authority to require employees to use accrued compensatory time at a time determined by the City Manager or Department Head. Once the election to accrue compensatory time has
been made, the election shall be binding and the employee may not later receive payment for accrued compensatory time except for when being paid for actually using compensatory time
off or upon termination or as indicated above.