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Home My WebLink About1995-002 Police Personnel Policy Addition RESOLUTION NO. . ~ 2- 9 5 Whereas, the City of Chubbuck employs personnel to perform law enforcement duties as described in Section 207(k) of the Federal Fair Labor Standards Act, and Whereas, the management of such services requires flexibility to provide needed staffing coverage in a manner consistent with the budgetary limitations of Idaho law and the adopted Chubbuck budget, and Whereas, the Chubbuck City Council did determine on September 8, 1992 that the interests of Chubbuck would be better served by employing the flexibility of scheduling authorized by the Fair Labor Standards Act an did on that date adopt an amendment to the Police Personnel Policy to adopt a 7(k) Plan. Now, Therefore Be It Resolved that Chubbuck does hereby formally adopt the FLSA Section 207(k) exemption with respect to qualifying law enforcement personnel in its employ as set forth in the attached addition to the Police Personnel Policy effective September 8, 1992. This Resolution shall not repeal any prior action by the Chubbuck City Council except to the extent that such action is inconsistent with the terms of this Resolution. Approved as a Resolution of the City of Chubbuck on the 2 8 t Gay of February, 1995, upon a motion made by Roy Oui ck , seconded by w. Doan ¢/ood , upon which the following roll call-vote was had: LeRoy Quick ,q ~0... (aye or nay) ~~.~~~ Steve England ,q't~. (aye or nay) Marvin Gunter t~ (aye or nay) Dean Wood ~ (aye or nay) ~ohn O. Cotant, Mayor ATFEST: Ron C. Conlin, Clerk RE~OLUTION - Page 1 dsc chbbcH32.132 / · ~ ADDITION TO POLICE PERSONNEL PO Y ...... '~. ~ TO ADOPT A 7(k) PLAN 2.409 FLSA Section 7 Overtime Policy. A. Notwithstanding any of the provisions of the Chubbuck Police Policy Manual and the General Personnel Policy of the City of Chubbuck, the City adopts for certain of its law enforcement personnel, a Plan under § 7(k) of the Fair Labor Standards Act (29 U.S.C. § 207(k). B. Employees Affected. This policy shall be applicable to any employee of the Police Department who meets the following criteria: any employee: 1. who is a uniformed or plainclothed member of a body of officers_and subordinates who are empowered by Idaho statute or Chubbuck ordinance to enforce laws designed to maintain public peace and order and to proteCt both life and property from accidental or willful injury, and to prevent and detect crimes, 2. who has the power to arrest, and 3. who is presently undergoing or has undergone or will undergo on-the-job training and/or a course of instruction and study which typically includes physical training, self-defense, firearm proficiency, criminal and civil law principles, investigative and law enforcement techniques, community relations, medical aid and ethics. This policy shall not apply to office personnel or to animal control personnel.. ADDITION TO POLICE PERSONNEL POLICY TO ADOPT A 7(k) PLAN - Page 1 dsc chbbck05.082 C. Hours of Work. Compensable hours of work shall mean all of the time a member of the police force is on duty at. the City as well as at such other times as the member of the police is working for the City. 1'. Travel. Travel to and from the City offices is not work which is compensable. Any member of the police force who has completed a shift and is driving a city police vehicle to or from the City to that member's residence or such other place, even if the police radio is on for taking of emergency responses, shall not be regarded as accruing compensable time. 2. Sleep. Sleep time is time when a member's shift is less than 24 hours and such sleep time is included for compensable hours of work. If the shift is in excess of 24 hours, sleep time is excluded from compensable hours of work if the city and the employee have an express or implied agreement between the City and employee to exclude such~ time. It is the policy of the City that such sleep time will be excluded where the shift is more than 24 hours and such agreement shall generally be in writing and placed in the employee's file. If sleep time is interrupted by a duty call, that interruption would be counted as hours worked. If the sleep period is interrupted to the extent that the employee cannot get a reasonable period of sleep, which for law enforcement purposes, is defined to mean at least five hours, the entire sleep time would be counted as hours worked. ADDITION TO POLICE PERSONNEL POLICY TO ADOPT A 7(k) PLAN - Page 2 dsc chbbck05.082 3. Mealtime. Mealtime shall be excluded from compensable time for all law enforcement personnel covered by this plan who have a shift of 24 hours or less if the following criteria are met: 1. That employee is completely relieved from duty during the meal period. 2. The meal period is of thirty (30) minutes or more unless special conditions make a shorter period appropriate. In those instances where law enforcement personnel are required to remain on call in quarters away from their home or are engaged in extended surveillance activities or other such activities,~ the officer shall not be considered completely relieved from duty and ~eal periods shall be regarded as compensable time. D. Overtime Compensation Rule. For those employees of the police department designated by the Chief of Police or the Chief's designee as being subject to this policy, those employees who have a work period of at least seven days, but less than 28 consecutive days, shall not be paid overtime until the number of hours worked during the applicable work period exceed those listed on the following schedule, which schedule is set forth from 29 C.F.R. § 553.230: Work Period in Days Maximum Hours 28 171 27 165 26 159 25 153 24 147 23 141 22 134 ADDITION TO POLICE PERSONNEL POLICY TO ADOPT A 7(k) PLAN - Page 3 dsc chbbck05.082 21 128 20 122 19 116 18 17 104 16 98 15 92 14 86 13 79 12 73 11 67 10 61 9 55 8 49 7 43. F. Compensatory Time Off. (1) Members of the Chubbuck Police Department subject to this policy, may receive compensatory time off in lieu of over-time pay for hours worked in excess of the maximum set forth in the above paragraph. The compensatory time off shall be earned at the following rates: i. Officers of the rank of lieutenant or above shall accrue overtime at the rate of one and one-half hours for each hour of work for which compensation is required where the work is related to training meetings, investigations or time in the field. Work that is administrative in nature shall be accrued at the rate of one hour for each hour of work. "Administrative in nature" shall mean work in the office not devoted to training meetings or investigations. Staff meetings not devoted to training, setting up training classes or filling out paperwork devoted to investigations shall be deemed to be administrative in nature. ii. Compensatory time for travel time shall accrue at the rate of one and one-half hours for each hour of work where the travel is done during the officer's day off. ADDITION TO POLICE PERSONNEL POLICY TO ADOPT A 7(k) PLAN - Page 4 dsc chbbck05.082 · Travel time i red while the officer is duty shall accrue compensatory time off at the rate of one hour for each hour of work. iii. Except as otherwise noted above, officers of a ~ - rank below lieutenant shall accrue c~mpensatory time of at the rate of one and one-half hours for each hour of work for which compensation is required. iv. Any compensatory time off which an officer has at the date this plan goes into existence shall be grandfathered at the rate at which it was accrued, prior to the effective date of this plan. If an employee accrues 480 hours of compensatory time (320 hours of actual overtime work), any hours above that must be paid cash wages at the rate of one and one-half times the regular rate of pay. (2) Use of compensatory time in lieu of cash payment shall be pursuant to an agreement and understanding between the employee and the Police Department. The Police Department gives notice that it intends to use ~compensatory time off as a means of compensating employees for overtime and has made this intent known in the past to all employees. By accepting employment and continuing with employment, any employee of the City Police Department is deemed to have consented to the use of compensatory time off and this policy shall reflect that as the agreement between the City and the employee. ADDITION TO POLICE PERSONNEL POLICY TO ADOPT A 7(k) PLAN - Page 5 dsc chbbck05.082