Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

Agenda Item #



Columbus Consolidated Government

Council Meeting



November 13, 2012



Agenda Report #



TO: Mayor and Council



SUBJECT: Revised Overtime and Compensatory Time Policy



INITIATED: Mayor, City Manager and Human Resources Department



________________________________________________________________________________

____________________





Recommendation: Approve an ordinance adopting amended Human Resources Policy

Number 220-201, Overtime and Compensatory Time Policy.



Background: On September 22, 1998 the Council adopted Ordinance No.

98-91creating the existing Overtime and Compensatory Time Policy.



Analysis: The revised policy clarifies the intent of the original policy with

respect to the accumulation, recording, reporting and monitoring of comp time

and the disposition of comp time at termination or retirement. The proposed

revision adds additional oversight and control to prevent policy abuse and

reduces to 6 months the maximum time that comp time worked can stay on the

books.



The question of how will the proposed changes to a maximum comp time accrual of

100 hours and maximum time to use accrued comp time reduced to 6 months (or

less) was sent to all department heads with a request to respond with any

concerns. The only departments responding with concerns were the Police and

Parks & Recreation Departments. In both cases there was no concern about the

maximum of 100 hours. However, both expressed concern about reducing the time

limit on using the comp time.



Chief Boren stated that even 6 months would hurt but he will make it work if

that is the mandate. His primary concern is for investigators and his pilot.



Dr. Worsley sent a message that his major concern is with Parks Services when

they are in tournament season. He can work with 6 months but anything less

would be a big problem.



Financial Considerations: Although there are no direct financial

considerations, it is anticipated that the revised policy will reduce the

accrued liability and expense of employees banking large amounts of comp time

that is then paid in cash at the time of termination or retirement. Comp time

abuse can create unbudgeted expenditures and additional pension fund liability.



Projected Annual Fiscal Impact Statement: None except as noted in Financial

Considerations.



Legal: Authorization of Council is required to amend personnel policy.



Recommendation/Actions: The Mayor, City Manager, Finance Director and Human

Resources Director recommend the proposed amended policy.





Overtime/Compensatory Time 220-201

POLICY AND PROCEDURE











POLICY NUMBER: 220-201



POLICY TITLE: OVERTIME AND COMPENSATORY TIME POLICY



EFFECTIVE DATE: November 1, 1998 REVISION DATE: December 1, 2012



APPROVED BY: ____

____

MAYOR CITY MANAGER



Confirmed by Council of The Columbus Consolidated Government, Ordinance No.

____ dated the 13TH day of November ,2012.





STATEMENT OF POLICY:

It is the general policy of the Columbus Consolidated Government that all work

by non-exempt employees shall, as much as possible, be completed during the

employee's normally scheduled work day or shift. In instances where a

non-exempt employee must work hours in excess of the maximum permitted for

his/her respective work period, prior approval of the immediate supervisor

and/or Department Director must be obtained. The Columbus Consolidated

Government will comply with the provisions of the Fair Labor Standards Act

(FLSA) and other applicable federal and state regulations.



When conditions arise which, by the determination of the immediate supervisor

and/or Department head, necessitate that non-exempt employees work overtime,

employees will be expected to work such overtime as approved and assigned by

their supervisor and/or Department Director.



SCOPE:

This policy applies to all employees of the Columbus Consolidated Government.



RESPONSIBILITY:

It is the responsibility of the management and supervisory staff of the

Columbus Consolidated Government to monitor the work schedules of employees

under their supervision, to assure compliance with the provisions of this

policy, to approve overtime/comp time by non-exempt staff only when necessary

and when funds are available, to assign overtime/comp time equitably and to

maintain records of overtime and compensatory time assigned.



It is the responsibility of employees to adhere to all policy requirements

regarding overtime and compensatory time off.



PROCEDURE

1. Notice - When Overtime is required, supervisors will provide

employees with as much advance notice as possible.



2. Exempt Staff - Exempt employees (i.e., employees who qualify for an

exemption from FLSA overtime provisions because they meet the test of

executive, administrative, or professional exclusion) are paid on a straight

salary basis for their overall job responsibilities rather than actual hours

worked. Thus, any additional hours worked by exempt employees will be without

additional pay, in accordance with federal FLSA regulations. Exempt employees

may not earn comp time and ?comp time? hours are not to be recorded as such.

Any time off granted to exempt employees may be given at the discretion of

the respective Department Director through use of flexible scheduling upon

careful consideration of the amount and nature of the extra hours worked.



3. Non-exempt Staff - Non-exempt, non-public safety employees (i.e.,

those who are scheduled to work 40 hours during a seven-day work period) will

be paid at their regular straight time hourly rate of pay for all hours

actually worked up to and including the 40th hour in each seven-day work period

(12:01 a.m. Saturday through 12:00 midnight the following Friday). For all

hours actually worked in excess of 40 hours in each seven-day workweek,

non-exempt, 40-hour per week employees will either receive overtime pay at

the rate of time-and-one-half their regular hourly rate of pay or they will

receive compensatory time off at a rate of time-and-one-half hours off for

each overtime hour worked.



Holidays - When a non-exempt, non-public safety employee actually works

on a holiday the employee is paid for the actual hours worked, plus his/her

normal holiday pay (8 hours at straight time). Overtime remains payable after

40 hours worked, including the time worked on the holiday.



Comp Time - Compensatory time off may be granted upon mutual

understanding of the employee and the supervisor and/or Department Director

before the actual overtime hours are worked. A Compensatory Time Off

Agreement form (which follows this policy and procedure) must be signed by the

employee prior to the working of overtime that will be paid as comp time and

placed in the employee's file. Employee consent is not required for

compensatory time off (schedule adjustments) within the seven-day workweek and

is given on a straight time basis. Comp time is to be reported to Human

Resources on an approved form signed by the employee?s supervisor and

department head or designee.



4. Non-Exempt Public Safety Employees - Non-exempt, law enforcement, fire

protection or emergency medical employees who are scheduled to work assigned

shifts during either a 28-day/171 hour work period* (law enforcement) or a

21-day/159 hour work period* (fire protection/emergency medical) will be paid

their regular straight time rate of pay for all hours actually worked up to

and including the hours specified in the applicable designated work period.*

For all hours worked in excess of those specified in the designated work

period,* non-exempt, law enforcement and fire protection/emergency medical

employees will either receive overtime pay at the rate of time-and-one-half

their regular rate of pay or they will receive compensatory time off at a rate

of time-and-one-half hours off for each overtime hour worked.



Comp Time - Compensatory time off will only be granted upon mutual

understanding of the employee and the supervisor and/or Department Director

before the actual overtime hours are worked. A Compensatory Time Off

Agreement form (which follows this policy and procedure) must be signed the

employee prior to the working of overtime and placed in the employee's

personnel file. Employee consent is not required for compensatory time off

(schedule adjustments) within the 28-day work period for law enforcement

personnel or 21-day work period for fire protection personnel and is given on

a straight time basis. . Comp time is to be reported to Human Resources on an

approved form signed by the employee?s supervisor and department head or

designee.





* Special rules apply for non-exempt law enforcement and fire

protection/emergency medical shift personnel with respect to variable duty

cycles, "short pay" periods, shift differentials, training time, court time,

and holidays. For a complete explanation of these rules, employees affected

should consult the Human Resources Department.



5. Other Non-exempt Public Safety - Employees of the Columbus

Consolidated Government assigned to Police, Fire, EMS, 911, Sheriff's

Department, Marshal?s Office or Muscogee County Prison working standard 40

hour schedules or public safety support personnel (e.g., receptionists,

operators, secretarial/clerical, etc) are governed by the non-public safety

Columbus Consolidated Government policies and FLSA regulations as delineated

in this policy.



6. Compensatory Time Guidelines and Legal Restrictions for Non-exempt

Staff - The Columbus Consolidated Government for budgetary and employee

considerations discourages the use of overtime. The payment of overtime

dollars can be minimized by granting compensatory time equal to one and one

half hours for each hour worked (legal requirement). Other requirements are:



An agreement or understanding with the employee as to whether comp time or

overtime dollars will be approved.



Comp time accumulated and used is to be reported and logged into the GHRS and

time recording systems in the same manner as sick and annual leave. Off line

records in the departments are not permitted.



The maximum number of comp time hours that may be accumulated in an employee's

comp time "bank" at any particular time is limited by the FLSA. The limits are

480 hours for public safety, emergency response, and seasonal employees, and

240 hours for non-public safety employees. Overtime hours worked in excess of

the maximum accumulation must be paid at time and one-half.



The employee has the right to request the use of accumulated comp time. The

supervisor and/or Department Director must schedule the use of comp time within

two weeks following the employee?s request to take time off unless the

operation of the department would be unduly disrupted by the employee?s absence

from work. City policy requires the use of comp time within 6 months of the

date incurred unless approved by Human Resources and the City Manager.



IT will generate and forward to the HR Director an excess comp time report

whenever employees accrue 100 hours of unused comp time. Departments with

employees exceeding these limits must meet with the City Manager or Mayor and

provide a written plan for reducing comp time for employees exceeding these

limits.



The employee is entitled to receive cash compensation for unused accumulated

comp time when employment is terminated. However, any compensatory time

balance exceeding 40 hours will not be paid as a one-time payment and shall be

scheduled and taken as paid time off prior to the official termination or

retirement date.









Overtime/Compensatory Time 220-201



Compensatory Time Off Agreement

For Non-Exempt Columbus Consolidated Employees



In accordance with the Fair Labor Standards Act (FLSA), the Columbus

Consolidated Government has a policy wherein non-exempt employees may be

granted compensatory time off in lieu of pay for hours worked.



In compliance with the provisions of FLSA, I understand that compensatory time,

when granted, will be given at a rate of time-and-one-half hours off for each

overtime hour worked:



In excess of 40 hours per week for eligible non-exempt, non-public safety

employees or



In excess of 171 hours per 28-day work period for eligible non-exempt Law

Enforcement employees or



In excess of 159 hours per 21-day work period for eligible non-exempt Fire

Protection employees.

I further understand that compensatory time may be limited, accrued, used, or

cashed in consistent with the provisions of City policy (see policy no.

220-201) and applicable laws and regulations of the U.S. Department of Labor.



I agree to the provisions of time off as compensation for overtime worked and

consent to the use of compensatory time in accordance with City policy. I also

understand that this agreement shall continue in full force and effect until

revoked, in writing by me or the City.







____________________________________________________

Employee Signature Date





____________________________________________________

Job Title Department/Division





____________________________________________________

Supervisor/Dept. Head Signature Date















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