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HomeMy WebLinkAboutORD 2026-31 - Amending Section 3.01.220 re: OT Pay Exceptions for Eligible NE EmployeesORDINANCE NO. O,2 Co — 3 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 3.01.220 OF THE CODE OF ORDINANCES RELATING TO OVERTIME EXCEPTIONS FOR ELIGIBLE NON-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; and WHEREAS, the City Council desires to administer overtime pay to manage time and fiscal resources and comply with applicable federal and state wage and hour regulations ensuring an attractive and fair work environment; and WHEREAS, the City Council finds that the City has experienced rapid growth and as a result, the labor market for certain positions is very competitive; and WHEREAS, the City Council finds it necessary to guarantee increased compensation for certain categories of overtime in order for the City to compete with private sector peers; and WHEREAS, the City Council finds it to be in the best interest of the public to amend Section 3.01.220 of the Code of Ordinances 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 3.01.220 of the Code of Ordinances is hereby amended as shown in Exhibit A. Ordinance Number: 2026- 3 1 Pagel of 2 Description: Amending Section 3.01.220 Relating to Overtime for Eligible Non -Exempt Employees Date Approved: �� 23, 202(o 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 All ordinances or resolutions that conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 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 August 10, 2026 in accordance with the provisions of the City Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 1 of �.( , 2026. PASSED AND APPROVED on Second Reading on the 23&tf Ste, 2026. CITY OF GEORGETOWN, TEXAS ATTEST: Robyn Dens ore, City Secretary APPROVED AS TO FORM: �Y,& A_-C/ ---- ye ffaison, City Attorney Ordinance Number: 2026-_3) Page 2 of 2 Description: Amending Section 3.01.220 Relating to Overtime for Eligible Non -Exempt Employees Date Approved: S . 25, 202� EXHIBIT A Sec. 3.01.220. - Overtime: Non-exempt employees. A. Purpose: To provide guidelines to administer overtime pay to manage time and fiscal resources and comply with applicable federal and state wage and hour regulations ensuring an attractive and fair work environment. B. Scope: This policy applies to non-exempt employees C. Policy: Hours compensated at the overtime rate shall be defined as the hours actually worked in excess of 40 hours in a work week (See Hours of Work and Paydays #210) or in excess of the maximum standard for the work period as defined by the Police and Fire Departments, which are not banked as compensatory time. Benefit hours or compensatory time taken within the work week or work cycle are not used as the basis for calculating the actual hours worked. Exception: If the time worked is approved as special, extended shift, critical after-hours assignment, call -out time, call-back time, or holiday, the employee may be entitled to overtime pay when the actual hours worked in any given week are less than the requirements for overtime pay. Personnel Policies and Procedures ,s,. �848 CiEORGETOWN TEXAS OVERTIME: NON-EXEMPT EMPLOYEES I. PURPOSE To provide guidelines to administer overtime pay to manage time and fiscal resources and comply with applicable federal and state wage and hour regulations ensuring an attractive and fair work environment. II. SCOPE This policy applies to non-exempt employees. III. POLICY Hours compensated at the overtime rate shall be defined as the hours actually worked in excess of i i+Fty o hours in a work week ( see Hours of Work and Paydays #210) or in excess of I-061hc niaxiunuin hours +u ;a-14 le lestagdard for ffefioterrthe work period as defined by the Police and Fire De artmcnts, which are not banked as compensatory time. _Benefit hours or compensatory time taken within the work week or work cycle are not used as the basis for calculating the actual hours worked. NOTL „Exccptiun: If the time worked is approved as special, ho'�extended shift critical after-hours assignment, call -out timc,_call-back time, or the employee maybe entitled to overtime pay when the actual hours worked; in any given week are less than the requirements for overtime pay. IV. GUIDELINES Overtime compensation is paid to all non-exempt employees in accordance with federal and state wage and hour requirements. Unless otherwise noted in policy, paid sick leave, vacation, bereavement leave, jury duty, or any other leave of absences are not considered time worked for the purposes of calculating overtime. Unless exempted by law, overtime is considered a condition of employment, and refusal to accept it when reasonable notice has been given is cause for discipline, up to and including termination. At the supervisor's discretion, an employee may be allowed to adjust their work schedule during a workweek to avoid overtime. Overtime shall not be worked without authorization by the department and may be worked only if adequate funds are available in the department's budget. The preferable method for Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 04,10 /201106/23/2026 Personnel Policies and Procedures esi iaae AGuETOWN EXAS overtime compensation is to schedule equal time off for the affected employee during the same work period in which he/she worked the overtime. V. PROCEDURES A. Authorization When the City's operating requirements or other needs cannot be met during regular working hours, non-exempt employees may be scheduled to work overtime, at the request of their supervisor. When possible, advance notification of mandatory overtime assignments will be provided. Supervisors are accountable for distributing overtime assignments a -,,+-equitably as pntetiealand consistently to all non-exempt employees qualified to perform the required work, taking into consideration the costs associated. Refusal or other failure to work mandatory overtime may result in disciplinary action, up to and including termination. Overtime work is otherwise subject to the same attendance policies as straight time work. All non-exempt employees must receive their supervisor's authorization before performing any overtime work. This means employees may not begin work prior to their scheduled work day, and may not continue working beyond the end of their scheduled workday, without prior authorization from the appropriate supervisor. Similarly, employees may not work through their lunch break without prior authorization from the appropriate supervisor. B. Compensation Authorized overtime shall be compensated at the rate of one and one-half times the regular rate of pay or at the rate of one and one-half the hours of compensatory time or pay. C. C_omhensatory Time Compensatory time, in lieu of actual overtime pay, may be substituted provided that the supervisor and employee both agree and this agreement is made prior to the overtime being worked. The maximum amount of compensatory time that may be accumulated at any one time shall be 80 hours and 120 for fire fighters. Once accrued, compensatory time must be taken as compensatory time off. An employee will be paid for any unused compensatory time upon separation. See Compensatory Time #221. E. Exceptions to FLSA Overtime for regular, full-time employees only 1 _ Special Overtime Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 04im1 2201 106/23/2026 Personnel Policies and Procedures AGE ETOWCN EXAS Special Overtime is paynient at tiiiae and one h.,i f fe.- work done for a different City Department or iee•; tlu+t-;areby an outside agcn�_ to be reimbursed by arr eth i:,.: different thaw the e pl ye l of ycil�partment or outside age. This type of �� overtime is on a scheduled basis with prior authorization by the appropriate Division Director. 2. Extended Shift Overtime Extended shift overtime is when a non-exempt emnlovee is reauired to work beyond the end of their rceularly scheduled shift on an unscheduled basis without prior notice due to an emergency. Extended shift overtime will only be for the actual time worked. There is no minimum 2-hour ivarantce. For example, if an employee works for 1 hour beyond the end of their reizularly scheduled shift due to an emergencv. they will receive I hour of overtime. 3. Critical After -Hours Assignment Overtime Critical -After -Hours Assignment Overtime is when a non-exempt employee is pre - scheduled to perform work outside of their scheduled working hours for a Critical After -Hours Assignment. A Critical After -Hours Assignment is a pre -authorized, planned work activiW nerfonned outside of scheduled working hours that is necessary to mitigate the risk of an unplanned emergency to mitigate hazards, better ensure employee and public safety, or avoid unacceptable operational downtime. For example, the replacement, repair, or rerouting of essential infrastructure (e.g.. electric distribution equipment, water and wastewater infrastructure utility operational technology infi-ast-ucture, traffic signals, or roadway repairs) where the work can onlv be scheduled outside of an employee's scheduled hours. Exclusions and Oversight Critical After -Hours Assignments do not include tasks that are administrative in nature, routine maintenance, tiainine, or work that can reasonably be deferred to regular hours. For example, the followinu, activities do not qualify as Critical After - Hours Assignment: Administrative work (e.g., report writing. data entry, filing Non -critical tasks (c.a., email, meetings, document review) • Training and development activities Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: nn 01 201 106/23/2026 Personnel Policies and Procedures EST i^:W� GE0RGETON TEXAS • Planning and scheduling duties Routine maintenance or inspections • Any work perforated voluntarily or without prior supervisor authorization Supervisors and managers arc responsible for ensuring the assignment is operationally necessary, pre -authorized and is properly documented in timekeeping and work ilia nagcnicnt systems. NOTE: This provision does not apply to civil service employees. 2A. Call --Out Time Employees that \york Unplanned Emergencies outside of their rcmilar hours are eligible for Call Out Time4s--. Call Out Time refers to time worked H*r s•noutside of e regular working hours under the following_ circumstances: Unplanned Emergencies: When a staff peFsennon-exenij]t employee is called iff wired to work on an unscheduled basis due to an emergencv. either from a scheduled "standby" status or ` wilhout prior notice. Call -out time is on a t+tttear, ' ltaff i�ltcontpensated at a minimum of 2 hours of time d perfor each 24-=hour period "ealled "during, which the employee is required to repot•t to dim plc of normal �vorkinphours. NOTE: Does not apply to civil service employees. �5. Call Back Time Call Back Time applies only to the civil service positions. Call Back Time is defined as situations of emergency, exigent circumstances, and/or time sensitive matters requiring personnel to perform work on an unscheduled basis. Call Back Time must be pre -approved by a supervisor and is warranted for situations such as holding over a regular shift to take or complete a late call for service when necessary, being called in to maintain minimum staffing, being called in for a specialized duty that is unplanned and unscheduled. Compensation for Call _Back • Time may be paid on a time and one-half basis and ill be ,., ";a for the actual hours worked in accordance with I)cpartment policy. 4.6.Holiday ww4Work Employees not regularly required to work on a City holiday (observed or actual) will Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 0f/01/201 M/23/2026 Personnel Policies and Procedures VI. actual hours worked. The holiday hours not taken will be take at a later date. AGEOErowN EXAS banked for employees to Patrol officers, Communications Operators, and Firefighters are regularly scheduled to work on holidays and will not be paid overtime if scheduled to work on ana City holiday (observed or actual) with the exception of the Thanksgiving Day and Christmas Day holidays. See I lolidays #312. CONSEQUIT,SCONSEQUENCES OF OVERTIME OVERUSE Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 0401 201 106/23/2026 Personnel Policies and Procedures AGEowETOWN EXAS Supervisors who authorize staff members to work overtime without prior approval from management will be subject to disciplinary action. Supervisors who continually rely on the use of overtime hours in order to complete a week's work without it being deemed as extenuating by management will be placed on a performance improvement plan. VII. (-()NSL-Q, FN CONSEQUENCES OF UNAUTHORIZED OVERTIME: Employees who fail to obtain approval prior to working hours that extend beyond their normal workweek will be subject to disciplinary action. Repeated offenses may result in further disciplinary action up to and including termination. Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 04,/01,/201 106/23/2026 Personnel Policies and Procedures [sr roan GE0RGETOWN TEXAS OVERTIME: NON-EXEMPT EMPLOYEES I. PURPOSE To provide guidelines to administer overtime pay to manage time and fiscal resources and comply with applicable federal and state wage and hour regulations ensuring an attractive and fair work environment. II. SCOPE This policy applies to non-exempt employees. III. POLICY Hours compensated at the overtime rate shall be defined as the hours actually worked in excess of 40 hours in a work week (see 1-[ours of Work and Paydays #21 ( ) or in excess of the maximum hours standard for the work period as defined by the Police and Fire Departments, which are not banked as compensatory time. Benefit hours or compensatory time taken within the work week or work cycle are not used as the basis for calculating the actual hours worked. Exception: If the time worked is approved as special, extended shift, critical after-hours assignment, call -out time, call-back time, or holiday, the employee may be entitled to overtime pay when the actual hours worked in any given week are less than the requirements for overtime pay. IV. GUIDELINES Overtime compensation is paid to all non-exempt employees in accordance with federal and state wage and hour requirements. Unless otherwise noted in policy, paid sick leave, vacation, bereavement leave, jury duty, or any other leave of absences are not considered time worked for the purposes of calculating overtime. Unless exempted by law, overtime is considered a condition of employment, and refusal to accept it when reasonable notice has been given is cause for discipline, up to and including termination. At the supervisor's discretion, an employee may be allowed to adjust their work schedule during a workweek to avoid overtime. Overtime shall not be worked without authorization by the department and may be worked only if adequate funds are available in the department's budget. The Dreferable method for Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 06/23/2026 Pagel of 5 Personnel Policies and Procedures EST. �.:, GEORGETOWN TEXAS overtime compensation is to schedule equal time off for the affected employee during the same work period in which he/she worked the overtime. V. PROCEDURES A. Authorization When the City's operating requirements or other needs cannot be met during regular working hours, non-exempt employees may be scheduled to work overtime, at the request of their supervisor. When possible, advance notification of mandatory overtime assignments will be provided. Supervisors are accountable for distributing overtime assignments equitably and consistently to all non-exempt employees qualified to perform the required work, taking into consideration the costs associated. Refusal or other failure to work mandatory overtime may result in disciplinary action, up to and including termination. Overtime work is otherwise subject to the same attendance policies as straight time work. All non-exempt employees must receive their supervisor's authorization before performing any overtime work. This means employees may not begin work prior to their scheduled work day, and may not continue working beyond the end of their scheduled workday, without prior authorization from the appropriate supervisor. Similarly, employees may not work through their lunch break without prior authorization from the appropriate supervisor. B. Compensation Authorized overtime shall be compensated at the rate of one and one-half times the regular rate of pay or at the rate of one and one-half the hours of compensatory time or pay. C. Compensator} Tune Compensatory time, in lieu of actual overtime pay, may be substituted provided that the supervisor and employee both agree and this agreement is made prior to the overtime being worked. The maximum amount of compensatory time that may be accumulated at any one time shall be 80 hours and 120 for fire fighters. Once accrued, compensatory time must be taken as compensatory time off. An employee will be paid for any unused compensatory time upon separation. See Compensatory Time #221. E. Exceptions to FLSA Overtime for regular, full-time employees only 1 _ Special Overtime Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 06/23/2026 Page 2 of 5 Personnel Policies and Procedures GE0RGETOWN TEXAS Special Overtime is work done for a different City Department or by an outside agency to be reimbursed by the different City Department or outside agency. This type of overtime is on a scheduled basis with prior authorization by the appropriate Division Director. 2. Extended Shift Overtime Extended shift overtime is when a non-exempt employee is required to work beyond the end of their regularly scheduled shift on an unscheduled basis without prior notice due to an emergency. Extended shift overtime will only be for the actual time worked. There is no minimum 2-hour guarantee. For example, if an employee works for 1 hour beyond the end of their regularly scheduled shift due to an emergency, they will receive 1 hour of overtime. 3. Critical After -Hours Assignment Overtime Critical -After -Hours Assignment Overtime is when a non-exempt employee is pre - scheduled to perform work outside of their scheduled working hours for a Critical After -Hours Assignment. A Critical After -Hours Assignment is a pre -authorized, planned work activity performed outside of scheduled working hours that is necessary to mitigate the risk of an unplanned emergency to mitigate hazards, better ensure employee and public safety, or avoid unacceptable operational downtime. For example, the replacement, repair, or rerouting of essential infrastructure (e.g., electric distribution equipment, water and wastewater infrastructure, utility operational technology infrastructure, traffic signals, or roadway repairs) where the work can only be scheduled outside of an employee's scheduled hours. Exclusions and Oversight Critical After -Hours Assignments do not include tasks that are administrative in nature, routine maintenance, training, or work that can reasonably be deferred to regular hours. For example, the following activities do not qualify as Critical After - Hours Assignment: • Administrative work (e.g., report writing, data entry, filing) • Non -critical tasks (e.g., email, meetings, document review) • Training and development activities • Planning and scheduling duties Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 06/23/2026 Page 3 of 5 Personnel Policies and Procedures • Routine maintenance or inspections AC11,1141 G EORGETOWN TEXAS • Any work performed voluntarily or without prior supervisor authorization Supervisors and managers are responsible for ensuring the assignment is operationally necessary, pre -authorized, and is properly documented in timekeeping and work management systems. NOTE: This provision does not apply to civil service employees. 4. Call -Out Time Employees that work Unplanned Emergencies outside of their regular hours are eligible for Call Out Time. Call Out Time refers to time worked outside of regular working hours under the following circumstances: Unplanned Emergencies: When a non-exempt employee is required to work on an unscheduled basis due to an emergency, either from a scheduled "standby" status or without prior notice. Call -out time is compensated at a minimum of 2 hours for each 24-hour period during which the employee is required to report to duty outside of normal working hours. NOTE: Does not apply to civil service employees. 5. Call -Back Time Call -Back Time applies only to the civil service positions. Call -Back Time is defined as situations of emergency, exigent circumstances, and/or time sensitive matters requiring personnel to perform work on an unscheduled basis. Call -Back Time must be pre -approved by a supervisor and is warranted for situations such as holding over a regular shift to take or complete a late call for service when necessary, being called in to maintain minimum staffing, being called in for a specialized duty that is unplanned and unscheduled. Compensation for Call -Back Time may be paid on a time and one-half basis for the actual hours worked in accordance with Department policy. 6. Holiday Work Employees not regularly required to work on a City holiday (observed or actual) will be compensated as overtime for actual hours worked. The holiday hours not taken will be banked for employees to take at a later date. Patrol officers, Communications Operators, and Firefighters are regularly scheduled to work on holidays and will not be paid overtime if scheduled to work on a City Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 06/23/2026 Page 4 of 5 Personnel Policies and Procedures GEORGETOWN TEXAS holiday (observed or actual) with the exception of the Thanksgiving Day and Christmas Day holidays. See holidays #312. VI. CONSEQUENCES OF OVERTIME OVERUSE Supervisors who authorize staff members to work overtime without prior approval from management will be subject to disciplinary action. Supervisors who continually rely on the use of overtime hours in order to complete a week's work without it being deemed as extenuating by management will be placed on a performance improvement plan. VIL CONSEQUENCES OF UNAUTHORIZED OVERTIME: Employees who fail to obtain approval prior to working hours that extend beyond their normal workweek will be subject to disciplinary action. Repeated offenses may result in further disciplinary action up to and including termination. Overtime: Non -Exempt Employees Policy No. 220 Origination Date: 12/01/97 Revision Date: 06/23/2026 Page 5 of 5