3.08.070 Overtime compensation and compensatory time off.
A. It is the policy of the county to avoid the necessity of overtime work whenever possible. Except for emergency situations as described below, no overtime work shall be performed by any employee without the express authorization and direction to do so by the employee’s appointing authority or duly authorized supervisor. When overtime work is necessary to provide county services, employees shall be compensated according to and at such rates as are specified by:
1. A duly ratified collective bargaining agreement between the county and an organization representing the employees designated therein, or in the absence of an agreement;
2. As required by applicable law.
B. The department head shall be responsible for the administration of this policy in accordance with the terms and conditions as set forth and approved. Such responsibilities include, but shall not be limited to, the following:
1. The distribution of policy to all management personnel/supervisors on a periodic basis;
2. The discussion of policy with managers and supervisors to be certain it is properly understood and followed;
3. The authorization of overtime work to be performed by a department employee covered under this policy;
4. Ensuring that adequate funds are available to compensate employees for overtime work; and
5. The application of adequate controls to ensure that overtime work is not performed if such work has not been officially authorized.
C. Notwithstanding any other provision of this code to the contrary, overtime shall be computed solely on the basis of the hours worked in excess of 40 hours in a work week. Overtime of less than 15 minutes in excess of the regular workday shall not be computed, nor shall such periods be accumulated for the week. Overtime, if more than 15 minutes in excess of a regular workday, shall be computed to the nearest one-half hour. For the purpose of computing overtime, any sick leave, vacation leave taken, compensatory time off or holiday pay to an employee within a work week shall be deemed to constitute “hours worked” for the purpose of determining eligibility for overtime pay.
D. Subject to the limited “emergency” exceptions set forth below, overtime may only be earned with the prior written approval of the employee’s appointing authority, or the appointing authority’s designated representative. Employees cannot on their own decide to earn overtime and each department head shall be responsible for not allowing employees to work more than their assigned work hours without accruing overtime pay. Overtime may be authorized only when it is not possible to adjust staffing patterns and/or employee work schedules to provide essential staffing in the following types of circumstances:
1. Situations where overtime may be authorized:
a. The unexpected absence of an employee whose position must be filled to avoid a disruption of services or to avoid loss of funding.
b. The necessity of performing an unexpected heavier-than-normal workload to avoid disruption of necessary services.
c. Situations that are uncontrollable emergencies.
d. Attendance at agency-directed meetings/conferences; provided, that the total overtime authorized is pre-approved by the appointing authority. Overtime may not be earned for employee-initiated attendance at seminars, etc.
2. Emergency situations qualifying for retroactive approval.
In the face of a bona fide emergency involving risk to life, health or property, the response to which emergency falls within the reasonable scope of the employee’s job description, an employee may work overtime on such bona fide emergency situation without prior written authorization; provided, that:
a. Such overtime is reported to the supervisor or appointing authority at the earliest opportunity; and
b. The overtime is ratified by the appointing authority not later than 72 hours after the overtime was accrued.
E. Compensatory time off shall be allowed as per the provisions set forth in the most recently adopted memorandum of understanding with the applicable bargaining unit. (Ord. 1027, eff. 1/6/11)