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File #: 10-1404    Version: 1
Type: Agenda Item Status: Adopted
File created: 11/10/2010 In control: Pension, Human Resources & Civil Service Committee
On agenda: 11/18/2010 Final action: 11/18/2010
Title: Requesting Approval to Change Personnel Rule 5.10
Attachments: 1. Attachment OT 11-18-10.pdf

TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 18, 2010

 

COMMITTEE ON PENSION, HUMAN RESOURCES AND CIVIL SERVICE

 

Mr. Richard Lanyon, Executive Director

 

Title

Requesting Approval to Change Personnel Rule 5.10

Body

 

Dear Sir:

 

Following discussion at the August 12, 2010 and October 14, 2010 study sessions, the November 4, 2010 Committee on Budget and Employment hearings and suggestions received from employees, a change is recommended to the overtime pay received by non-represented employees. This change requires amendments to Personnel Rule 5. Personnel Rule 5 contains the specific rules and procedures for salary administration for non-represented employees in the classified service of the District. 

 

It is recommended that Personnel Rule 5.10 Overtime Administration be changed to reduce overtime eligibility and compensation to bring District practice closer to other private and public sector practices and to add special duty pay. Estimated annual savings are $293,364 in cash overtime and the equivalent of $257,417 in compensatory time. The recommended changes are:

 

“5.10 Overtime Administration:  A department head may prescribe reasonable periods of overtime work to meet operational needs.  Such overtime shall be reported separately on the time records and the payrolls of the department.

 

“Any employee compensated under the GS Salary Schedule or PM employee at PM12 PM 08, or TAM Salary Schedule at Grade 18 16, and below, who is obliged to work overtime shall be compensated in time off or paid in cash.  Such employees shall be allowed two (2) hours off for each hour of authorized overtime worked.  If compensated in cash, such overtime will be paid at the rate of one and one-half hours for each hour of authorized overtime worked.

 

“Employees at PM13 PM 09 or TAM 19 17 and above shall not be eligible for overtime compensation.  However, the Department Head may authorize time off for such employees in special cases.  In no case shall employees at grade PM13 or TAM 19 and above be paid in cash for overtime.

 

“5.101 Operational Circumstances: From time to time, an operational need may necessitate the use of special duty pay. The Director of Human Resources may recommend such pay which shall be administered according to current state and federal laws and regulations and/or policies of the Executive Director.”

 

The District provides competitive pay rates to employees, and should also provide competitive compensatory time allowances for non-represented employees. The Fair Labor Standards Act requires a minimum of 1.5 hours compensatory time or cash payment for each overtime hour worked. The prevailing practice is to provide 1.5 hours compensatory time for each overtime hour worked.

 

Specific classifications eligible for special duty pay and special operational or emergency situations where special duty pay would be appropriate would be detailed in an administrative procedure on this topic.  Situations where special duty pay would be appropriate include:  A Pollution Control Officer III or a Senior Environmental Specialist called in to work to respond to an industrial spill or provide emergency response to a public safety situation; a Senior Civil Engineer required to work a sixth day inspecting construction activities being performed by contractors; a Master Mechanic I called in to work to provide on-site work direction and coordination of multiple trades disciplines performing emergency repairs to District facilities.    

 

Special duty pay could be structured as follows: Employees who are scheduled to work or called in to respond to an operational need which has been identified as a special duty assignment would receive a flat dollar amount equal to four hours of compensation for actual work performed.  Should it become necessary for the employee to work eight hours or longer during the special duty assignment the employee would receive a flat dollar amount equal to eight hours of compensation for actual work performed.

 

The attached exhibit illustrates the potential annual savings resulting from the recommended changes to Personnel Rule 5.10, including the effect of special duty pay.

 

The Statute requires the Director of Human Resources to establish rules, titles and pay grades for all positions in the classified service, subject to the disapproval of the Civil Service Board. Upon approval by the Board of Commissioners, written notice of the proposed Rule 5 changes will be submitted to the Civil Service Board in accordance with the Statute.

 

Requested, Denice E. Korcal, Director of Human Resources

Respectfully Submitted, Gloria Alitto Majewski, Chairman Committee on Pension, Human Resources and Civil Service

Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for November 18, 2010

 

Attachment