RESO 1986-10 - Personnel PoliciesRESOLUTION NO. 86 -10
A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING
CHAPTER 7, COMPENSATION, OF THE PERSONNEL POLICIES OF THE
CITY OF HUNTSVILLE, TO ALTER THE COMPENSATORY TIME RULES, AND
MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO.
WHEREAS the City amended its compensatory time rules following the Supreme
Court's decision in Garcia v. San Antonio Metropolitan Transit
Authority; and
WHEREAS Congress has subsequently enacted legislation altering the impact
of the Court in Garcia; ,and
WHEREAS the U. S. Department of Labor has now issued overtime regulations
implementing those changes in the Fair Labor Standards Act;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: Chapter 7, Compensation, of the Personnel Rules of the City of
Huntsville, Texas, is hereby amended by the repeal of Section 4,
Compensatory Time, as it presently exists, and by the adoption of a
new Section 4 that shall read as follows:
Section 4. Compensatory Time.
a. Regular Employees
A regular employee qualified to receive extra pay for overtime
may, en4y with approval of the Department Director, elect to
receive compensatory time off in lieu of extra pay. All
compensatory time will be accrued at a rate of time and one -half.
Compensatory time cannot be accrued unless the person receives
pay for more than forty hours in one week.
b. Certain Administrative Employees
Exempt employees qualified to receive extra pay for overtime may,
en4y with approval of the Department Director, elect to receive
compensatory time off in lieu of extra pay. All compensatory
time will be accrued at a rate of straight time. Compensatory
time cannot be accrued unless the person receives pay works for
more than forty hours in one week.
c. Open Salaried Employees
Exempt employees who are in open salaried positions may not
accrue compensatory time.
d. Limitation on Compensatory Time
if any emp4eyee requests and aeerues eempensatery tome; the
emp4eyee eannet under any e4reumstanees 4ater reee4ve pay for
that aeerued t4rseT An emp4eyee rust use a44 eem ensatery tome
w4th4n the same pay per4ed that 4t 4s aeerued: The maximum
amount of compensator time that any employee may accrue and
accumulate is fort (40 hours. If an employee has accrued a
balance of forty hours compensatory time overtime must be
paid in cash. Compensatory time leave shame authorized within
a reasonable time. Use of all compensatory time must be approved
in advance by the Department Director. Accrued balances of
compensatory time at the termination of employment shall be paid
at a rate not less than the average pay rate received by such
employee over the last three years employment or the employee's
final regular pay rate, whichever is higher.
Section 2: This resolution shall take effect immediately from and after
its passage by City Council.
PASSED AND APPROVED this the 2q day of
ATTEST.
DeShaw, City Secretary
APPROVED AS TO FORM:
S;e(
Scott Bounds, City Attorney
1986.
THE CITY OF HUNTSVILLE, TEXAS
By
J
/ ' Monday, Mayor