ORDER NO. 29498 DISCUSS KERR COUNTY'S PERSONNEL POLICY WITH REGARD TO COMPENSATORY TIME OFF AND/OR OVERTIME Came to be heard this the 12th day of December, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve the suspension of the applicability of the quarterly payment of overtime in lieu of compensatory time each quarter as to the Juvenile Detention Facility through June 30, 2006, pending approval of the County Attorney that it's legally appropriate. a~yti~ !' ~ h COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS MADE BY: Pat Tinley OFFICE: County J MEETING DATE: December 12, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to change or modify Kerr County's Personnel Policy with regazd to compensatory time off and/or overtime. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Memorandum To: Kerr County Commissioners CC: County Judge; County Attorney From: Becky Harris Date: 12(9/2005 Re: Rational for amending personnel policy regazding compensatory time The Kerr County Juvenile Facility is requesting that the Kerr County Personnel Policy, 7.12(b), be amended to reflect that the department heads/elected officials have the discretion to allow compensatory time be taken within a fiscal year rather than pay unused compensatory time each quarter. It is difficult to schedule and use the compensatory time within each quarter in times of extenuating circumstances, i.e. continuous staff shortages, staff on workmen's comp, .startup of new programs etc. By allowing the time of a full fiscal yeaz to take compensatory time, this would substantially decrease the amount of unused compensatory time paid each quazter. Each deparhnent head/elected official wuld place a specific date by which all compensatory time be taken just prior W the end of the fiscal year. According to FLSA Section ?(o) §553.20, §553.21, and 553.22 (c) non-eacanpt employees receive not less than one and onahalf times their regular rates of pay for hours worked in excess of the applicable maximum hours standards. The Act states the compensatory time acenred cannot exceed 480 hours. The Ad finther states that "An employee should be permitted to use compensatory time within a reasonable period after making Ure request, if doing so does not "unduly disrupt" the operations of the employer". 'ihe plan of the facility is to allow staff to use their compensatory time when they are working the night shift, as this is the shift when fire staff to resident ratio is greater. This is another reason dte facility is requesting the amended policy as staff working day and night shifts is on a rotating basis. More time would be available throughout the fiscal year to take the compensatory time due to the rotating schedule. LVL wn>J: r act Jheet #8: Police and Fire Fighters Under the Fair Labor Standards Act (... Page 1 of 2 ` ~- U.S. Department of Labor ^. ~_, r _ - ~ "' Employment Standards `- Administration Wage and Hour Division WWW.dO~.gov/esa ~ Search Find It!: By Topic ~ By Audience ~ By Top 20 Requested Items ~ By Form ~ By Organizatio December 8, 2005 DOL Home > ESA > WHD > Fact Sheets > Fact Sheet #8 Fact Sheet #8: Police and Fire Fighters Under the Fair Labor WHD 1 Standards Act (ELBA) Printer Friendly PaPage FairPa Opinio This fact sheet provides general information concerning the application of the FLSA to law Letters enforcement and fire protection personnel of State and local governments. Com°I Characteristics Assist Basi Fire protection personnel are employees working for an organized fire department or fire Info district who have been trained for and have the legal authority and responsibility to engage Fair In the prevention and control of fires. Star Law enforcement personnel are employees who are empowered by State or local ordinance Mlfll to enforce laws designed to maintain peace and order, protect life and property, and to Stoc prevent and detect crimes; who have the power to arrest; and who have undergone training WdC in law enforcement. Garl Coverage Fam Med Employees of State and local governments are covered by the FLSA (section 3(s)(1)(C)). Farr Requirements Imn Lie l Hours of work include all of the time an employee is on duty at the employer's Test establishment or at a prescribed work place, as well as all other time during which the GOV employee is suffered or permitted to work for the employer. Under certain specified Corr conditions time spent in sleeping and eating may be excluded from compensable time. Fact The FLSA requires that all covered, non-exempt employees be paid at least the statutory Field OC minimum wage, -- $5.15 an hour effective 9/1/97. Handbo~ Advisor The FLSA requires that all covered, non-exempt employees be paid time and one-half their regular rates of pay for all hours worked in excess of 40 in a workweek. SpeCia Section 13(b)(20) of the FLSA provides an overtime exemption to law enforcement or fire YoU1 protection employees of a public agency which employs less than five employees in law Gari enforcement or fire protection activities. WOr Section 7(k) of the FLSA provides that employees engaged in fire protection or law Hea enforcement may be paid overtime on a "work period" basis. A "work period" may be from 7 consecutive days to Z8 consecutive days in length. For example, fire protection personnel WOr Disa are due overtime under such a plan after 212 hours worked during a 28-day period, while Inform law enforcement personnel must receive overtime after 171 hours worked during a 28-day` http:!/www.dol.gov/esa/regs/compliance/whd/whdfs8.htm 12/8/2005 llUL WHD: Fact Sheet #8: Police and Fire Fighters Under the Fair Labor Standards Act (... Page 2 of 2 period. For work periods of at feast 7 but less than 28 days, overtime pay is required when New the number of hours worked exceeds the number of hours which bears the same BU$I relationship to 212 (fire) or 171 (police) as the number of days in the work period bears to 28• State I Under certain prescribed conditions, a State or focal government agency may give Stat compensatory time at a rate of not less than one and one-half hours for each overtime hour La W worked, in lieu of cash overtime compensation. Employees engaged in police and fire 5tat protection work may accrue up to 480 hours of rnmpensatory time. Offi( An employee should be permitted to use compensatory time within a reasonab-e perioGafter News making the request, if doing so does not "unduly disrupt" the operations of the employer.. New At the time of termination an employee must be paid the higher of (1) his/her final regular CaIE rate of pay or (2) the average regular rate during his\her last three years of employment for AbOUt any compensatory time remaining "on the books" when termination occurs. Whz No covered employer may employ any minor in violation of the child labor provisions of the WaC FLSA. The Act establishes specific provisions concerning prohibited occupations and/or hours DO? of employment of minors under age 18. Whc Covered employers must make, keep and preserve payroll-related records as described by Dire Regulations, 29 CFR Part 516. Find Nea Where to Obtain Additional Information Wage StatS This publication is for general information and is not to be rnnsidered in the same light as offic[al statements of position contained in the regulations. WdL Corr For additional information, visit our Wage-Hour website: M811 httD•//www wagehour dol aov and/or call our Wage-Hour toll-free information Enfc and helpline, available Sam to 5pm in your time zone, i-866-4USWAGE (1-866- Lf'Vf 487-9243). 200 Wac O Back to Top www.doLaov/esa www.doLaov Mair Enfc Frequently Asked Questions I Freedom of Information Act I Customer Survey L i evE end Privacy & Securiri Statement !Disclaimers I E-mail to a Fr 200. U.S. Department of Labor 1-866-4-USWAGE Frances Perkins Building TTY: 1-877-889-5627 200 Constitution Avenue, NW Contact Us Washington, DC 20210 http://www.dol.gov/esa/regs/compliance/whd/whdfs8.htm ~ 12!8(2005 Dee 08 2005 5:57PM HP LRSERJET FRX P-2 $553.11(a) and officals in poUCymatli who are selected or appoll elected public officials and vfaera to each otfidala. are the IIht Include 1a61vldualS who are lY supervNed by someone other the eleatod otfkdal even though th y may have been selected by the For example. the form might !nd the elected ofriclld's personal terry, but would not include the a terry to m assistant. (e) In order to ptullty sa pera staff members or otfltdala in poi matins positions, the individuals a(leetioa m(rat not be sublect Lo t dull aervloe Lws of their emplo ageades. The term "c1vA aervtce Ia ' refers to a personnel system eats Itched by law which /a de6lgAed to test employees from srbitfary acts personal favorltlam, and political don, and which uses a cotupeWtive r matt examinaaon proccaa tar eels • lion and pLcanent. Continued ten M emptoymmt of employees uttd chAl service. except for cause. is p Ytded. In additloa, such petmnal members must be appointed by. servo sorely at the pleasure ~ lion of, the sicced offldal. (d) The eaelualon for "lnlmedtate elect" to elected oftldab; is lknlted staff who serve ga advlaera oa consti fluent or 1ega1 matters. sad who not cub)eM t0 tht Chill aervlce rules EheiT emplayhdg asenoy. 6663.1E B:dusbn for esployea d Wave laanetrea (a) Section 3(e)(1xC) o[ the Ant video M ezclvalon from the deft..ttl~ of the term '•emplogee" for indtal who are not stlbJect to the dull se laws of their employhlg afteltcia are employed by legislative bratlch or bodies of Staten, theft pOlitldtl su dlvLlona or interstate govcrnmea agcndea. -[.btsPSttat2oa! TrrR ~J~ lnD COIRxaeATOBY TatE OPt ' 6 b6830 Iad[odustlen. Secttoa 7 Of the YI.BA rMttires Lhat covered, nonexempt employees tecelve not Ins than one anti one-halt times tlydr regtelar rates of pay for hours Worked la excess of the applleable maatmum hours standards. However, seatlon T(o) of the Ad provides as ele- ment of IIezibility to State sad local government enaploYera and an element ad choice to their employees or Lae representatives of their employees re- gardtng COmpea8at10A for statutory overtime howls. The exemption pro- vided by this subsectloa authorlaes a public agency whtds h a State, a poUt- [cal aubdtvlaWn of a State, or en inter- state governmental age[]cy, to provide compensatory time of[ (with certain 1lmitatMas, 88 Provided in I bb1.E1) 1n Ifeu of monetary overtime compenae- tion that Would otherwise be retluired wader seettan 7. Competustory time received by an employee lA lieu Of cash moat ba at the rate of not teas than one and one-half bourn of com- penastory time for each hour of ova- thne work, lust as the monetary rate for overtime !e eatbulated et the rate of not .less then one and one-half bates the regular rate of pay. 166311 Statutory prwlalonr. i3eetioa Ito) provides fa folloWa: nY OthK a(rOEmeat bo- tweed tbs: pnbAC-era Ly and rlpl'laeA4LlVffi of atrea empleyeel5 or tlh m the care of mwloyea not covered bq aubohtae . after April 16, laBS, has accrued tae or 219 hears, as the case may ]x, of canpettsatory tams of! ahalL for addnbrlal overtlate bolus Of work, be pall Overteme sompenaatba. tB) It aompemation la paid to an employ- ee tar ascrrred compensatory ame oft. such oompeaaatloa shall be Data at the eesulae rate earned by the employee at the Lane the employee eeelLvea such payment. l1) M eatDloYes who has accrued oompm_ aatory time o[t wthorrud to be prorided under paragrapR (1) akin), tpaa terminatbn a[ employment, be Mid for the )muted corr. pematory time at a rate o[ comperuttlon not less tltan- (A) The average regular rate received by each employee durlna the lent 3 yearn of the employeCs emWoymsnt, or IB) The t8ta1 regular raft rettlved by such employee, wAletleVlr $ idthet. (63 M employee of a DuW(e asency wAlclt G a State, polltlol wbdivlatoa of a 84te, or aA lntetatate aovermneaW aattxy- , and Bl who Au te¢uested the ux of such compet)satorr tfa)e, sha0 be permitted by Lae empbyee's emNoytt to use such time within a tworuble period after roaldna the rc¢uest t[ tAe use of the mmpefwusy Wne does not unduly dhnrpt the opetatlom of the publk atency. ter) For purpo6e6 of this aubseMlce- (A) The terra ooertimc compensation means the compensation mulred by aubaec- ttan W, sad (H) The [erne compensatory time wa eompeniatory lime yJ mans hove dur)ns wttleh an employes la not worttns. whkh ere not counted as hours sorted duriris the WDlicame Workweet or other avrk period [Or purposes of oyetame sompernatlon. and for Whkh LAC employee h compemated at the emNoyee's rcsu>ar rate. [62 FR 3033, Jaa. 36, 1681; 62 FR 3618, Jan 23, iaa7] 556.23 "P[.SA compsmatery tiaur" sad FL4A eompenaatory time off". (a) Coniperuatory time anti ooatpeA• satory time off are tnterchangeahie terew under the FLEA. Compensatory these off b paid ame off the lob Which is earned and accrued by to employee SA lieu of immediate cash payment for employment th excess of the statutory hours for whtch overtime coatpen9a• Lion fa requ[red by aectlon 7 of the Fl,&A. (b) The Act rtqutres that aompena9- tory ame under section Ito) be earned at a rate not leas Llsan one and one- half hours for each hour of employ went [or Which overtime comperssa- tton h reQUlted by aectfon 7 of the P2,SiA. Thus, the l80-hour Unit on no- trued tromDensatory these reDresenta pot more than 920 hours of actual overtime Wozked, and the 24p-hour lindt represents not mare Irian 160 hours of actual overtime worked. (c) Th2 460- and 240•hour limitie or. aCCTAed txlmDeAbatary time ohty apply to overtlnte hours Worked after Apr:] ib. 1(186: Compensatory tame whkh ap employee tins accrued prior LO April 16, 1686, la not sublets to the overtime re(luiler)7enL8 of Lhe 1?f6A and Deed not be aggregated W1th eompettaatory time acerued after that date. 6 b63.L3 Agreement or andewtandins Drlor to fsertormaate at work. (3eAeral (i> As a tondltfon for rue of cotnpenaatory time W lieu of overtime payment !n casts,: set'tion 7