Loading...
HomeMy WebLinkAboutORD 2026-03 - Amending Sec 3.01.222 Regarding Overtime Pay for Eligible Exempt EmployeesORDINANCE NO. 2-0 2 (-e AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 3.01 OF THE CODE OF ORDINANCES BY AMENDING SECTION 3.01.222 TO THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN RELATING TO OVERTIME FOR ELIGIBLE EXEMPT EMPLOYEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 2.16 of the Georgetown City Charter provides that the City Council shall, by ordinance, establish personnel policies; and WHEREAS, the "policy statement" portion of each personnel policy is codified in the Code of Ordinances and the implementing procedures for each personnel policy are codified in a separate Personnel Manual; WHEREAS, the City Council finds it necessary to update the requirements for additional compensation for eligible FLSA exempt employees under circumstances that require additional work hours to address a major weather event or a significant disruption of City services; and WHEREAS, the City Council finds it necessary to update the personnel policy governing overtime for eligible exempt employees as set out herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Section 3.01.222 of the Code of Ordinances is hereby amended as shown on Exhibit A. Section 4. All ordinances or resolutions that conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. If any provision of this ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or Ordinance Number: ,W uo .-3 Page 1 of 2 Description: f�w �, 3,01, ZZ2 Date Approved: 1 13 application thereof, of this ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the City Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the of Z025. PASSED AND APPROVED on Second Reading on the _Z2) of 2 0 Ax CITY OF/GEOPGETOWN, TEXAS Mayor ATTEST: i 'M APPROVED AS TO FORM: e sson, ity Attorney Ordinance Number: 2j Z4r5 Page 2 of 2 Description: 14m�aS4G Date Approved: '� 3 / 2{0 I0:II:l11re1 Sec. 3.01.222. Overtime for eligible exempt employees. A. Purpose: To provide overtime compensation to eligible exempt employees who are required to work prolonged or extended hours during significant emergency operations. B. Scope: Providing overtime compensation to eligible exempt employees is limited to emergencies or disasters that extend beyond a normal shift and span multiple days or weeks, requiring sustained staffing, response, or recovery operations by essential personnel. C. Definitions: In this Section: "Disaster" has the same meaning as defined in Section 2.76.120 of this Code. "Eligible exempt employees" means FLSA exempt employees who have been identified by Department Directors as being essential to report to work during activation of the Emergency Operations Center (EOC); declaration of a local, state, or federal disaster; or as designated by the City Manager. Directors and above are not qualified for exempt overtime pay. "Emergency" has the same meaning as defined in Section 2.76.120 of this Code. "Emergency operations center" has the same meaning as defined in Section 2.76.120 of this Code. "Incident" has the same meaning as defined in Section 2.76.120 of this Code. "Local state of disaster" has the same meaning as defined in Section 2.76.120 of this Code. "Local state of emergency" has the same meaning as defined in Section 2.76.120 of this Code. D. Policy: When activated, this policy applies to eligible exempt employees directed to respond to an incident, emergency, local state of emergency, disaster, or local state of disaster and work hours that exceed forty hours in a work week (See Hours of Work and Paydays #210). The City Manager shall have discretion to determine when this policy is activated based on the scope, severity, and expected duration of an incident, emergency, or disaster. Activation of this policy is not automatic upon any activation of the Emergency Operations Center (EOC), declaration of a local, state, or federal disaster. Activation of this policy will be communicated formally to departments when enacted by the City Manager. The City Manager shall also have the right to deactivate this policy at any time, resume normal EXHIBIT A operations, and return to standard overtime eligibility under the City's regular personnel policies based upon the City Manager's assessment of the circumstances.