HomeMy WebLinkAboutR83-050 - overtime compensation.y t
RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 83-50
EAGLE COUNTY OVERTIME COMPENSATION POLICY
WHEREAS, pursuant to Section 30 -2 -104, C.R.S. 1973,
as amended, the Board of County Commissioners, County of
Eagle, State of Colorado, hereinafter referred to as the
"Board," is empowered to adopt a compensation plan for all
County employees paid in whole or in part by the County; and
WHEREAS, the Board of County Commissioners has
previously adopted a personnel policy, which is a
classification and compensation plan; and
WHEREAS, pursuant to the aforesaid statute, upon
adoption of a classification and compensation plan by the
Board, all changes in benefits, pay grades, and job
classification of employees shall thereafter be made in
accordance with such plan; and
WHEREAS, the Board wishes to amend said Personnel
Policy by addition of an overtime compensation policy; and
WHEREAS, pursuant to the aforesaid statute, upon the
acceptance of such a plan by any elected official of the
County of Eagle, Colorado, said plan shall become binding
upon the employees of that office; and
WHEREAS, the Board desires to adopt such an
amendment to be referred to and cited as the "Eagle County
Overtime Compensation Policy," hereinafter referred to as the
"Overtime Compensation Policy," and to make said Overtime
1K
Compensation Policy and the provisions and benefits contained
therein available to any elected official and his /her
employees on the acceptance thereof by said elected official.
NOW, THEREFORE, be it resolved by the Board of
County Commissioners, County of Eagle, State of Colorado:
THAT, the Board hereby adopts the "Eagle County
Overtime Compensation Policy" as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
THAT, the Overtime Compensation Policy shall apply
and shall be binding upon all County employees paid in whole
or in part by the County except as otherwise provided for in
Section 30 -2 -104, C.R.S. 1973, as amended, and /or the
Personnel Policy.
THAT, any overtime shall be compensated in
accordance with the Overtime Compensation Policy.
THAT, upon acceptance of the Eagle County Overtime
Compensation Policy by any elected official of the County of
Eagle, said Overtime Compensation Policy shall become binding
upon the employees of that elected official's office.
THAT, nothing contained in this Resolution or the
Eagle County Overtime Compensation Policy shall be construed
as authorizing any elected official, department head, board,
commission or any other person or spending unit to exceed
his /her /its respective appropriated budget.
THAT, upon approval and adoption of this Resolution,
the previously adopted Personnel Policies not reflected in
this Resolution shall be and are hereby amended by this
Resolution to include the Eagle County Overtime Compensation
Policy.
THAT, the provisions of this Resolution and the
Eagle County Personnel Policy are severable. If any section,
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sentence, clause, or phrase therein is adjudged by a court of
competent jurisdiction to be invalid, the decision shall not
affect the validity of the remaining portions of this
Resolution and /or the Eagle County Personnel Policy.
THAT, the Board hereby declares that the provisions
of the Eagle County Overtime Compensation Policy heretofore
shall be effective AP
THAT, the Board hereby finds, determines and
declares that this Resolution is necessary for the health,
safety and welfare of the citizens of the County of Eagle.
MOVED, READ AND UNANIMOUSLY adopted at a regular
meeting of the Board of County Commissioners, County of
Eagle, State of Colorado, held this ,,D6 k day of June,
1983.
ATTEST:
J
By: ' /�,rt
lerk of th oard of
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By:
David E. Mott, Chairman
K3
W. Keith Troxel, Comnfissioner
Dan Williams, Commissioner
EAGLE COUNTY
OVERTIME COMPENSATION POLICY
The Eagle County Overtime Compensation Policy covers
all Eagle County Employees. Its provisions define overtime,
positions eligible for overtime, rates at which overtime is
earned, how overtime compensation is calculated, when
overtime compensation is paid, and overtime report
requirements.
I. DEFINITIONS
Eagle County Employee_ Any person to whom Eagle County
(Employer) pays a wage which is subject to federal and
state withholding taxes.
Workweek Seven consecutive days beginning at 12:01
A.M. Sunday.
Time worked The time an employee is actually at work,
pro uctive y working on tasks related to his job
description or is required to be on duty and cannot use
the time for his own purposes. In addition, Eagle
County recognizes the following as time worked:
1. Rest periods of 15 minutes or less.
2. Time spent by employees during their regular
working hours in adjusting grievances between the
employer and employee.
3. Time spent by employees attending lectures,
meetings, and training programs authorized by the
Employer provided any of the following three
conditions are met:
-- Meetings are held during working hours.
-- Attendance by employees is mandatory.
-- The course, lecture, or meeting is directly
related to an employee's job.
4. Where an employee's job involves traveling from
one work site to another after reporting for the
day's work, the traveltime is counted as time
worked.
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5. When an employee is required to take a trip which
keeps him away from home overnight, all time spent
in such travel during hours which correspond to
the employee's normal working hours will be
counted as time worked.
Regular HourlX Rate An employee's monthly salary
divided ed y 113.3 equals his regular hourly rate.
Unworked time Paid time not worked, such as training,
vacations, holidays, sick leave, injury leave, and
other authorized and recognized paid absences.
Overtime All hours of time worked in excess of forty
4 per workweek.
Time and One -Half Rate Payment equal to one and
one -half times an employee's regular hourly rate.
Payroll Period Eagle County's payroll period consists
of 12 consecutive calendar months beginning with
January.
Eligible 2ositions The following positions are
eligible for overtime compensation:
Shelter Aide
Van Driver
Gate -fee Collector
Maintenance Worker I
PBX - Receptionist
Accounting Clerk II
Clerk II
Fairgrounds Maintenance
Secretary I
Animal Control Officer
Home Health Aide
Library Clerk- Circulation
Library Clerk - Technician
Maintenance Custodian II
Clerk III
Civil Secretary
Health Secretary II
Administrative Secretary II
Traffic Technician
Computer Operator
Airport Manager
Equipment Operator I
Extension Coordinator
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Mechanic I
Equipment Operator II
Legal Secretary
Sheriff's Secretary
Branch Library Technician
Bookkeeper
Maintenance Custodian III
Draftsman
Equipment Operator III
Mechanic II
Deputy I /Corrections Officer
Deputy II (CLETA Certified)
Not Eligible Positions The following positions are not
eligible tor overtime compensation:
Elected Officials
County Attorney
Assistant County Attorney
County Manager
Director - Community Development
Engineer
Data Processing Manager
Road and Bridge Supervisor
Assistant Director - Community Development
Administration Commander (Sheriff's Dept.)
Operations Commander (Sheriff's Dept.)
Assistant Road and Bride Supervisor
Shift Comander (Sheriff s Dept.)
Building Official
Environmental Health Officer
Planner II
Nursing Director
Librarian
Personnel Director
Accountant
Purchasing Agent
Chief Appraiser
Crime Resistance Officer (Sheriff's Dept.)
Civil Administrator (Sheriff's Dept.)
Investigations Officer (Sheriff's Dept.)
Appraiser II
Assistant Librarian
Registered Nurse
Programmer /Analyst
Engineering Technician
Planner I
Assistant Environmental Health Officer
Field Inspector
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Building Inspector
Road Foreman
Shop Foreman
Extension Assistant
Appraiser I
Deputy Clerk IV
Animal Control Supervisor
C.O.A. Coordinator
Office Manager
II. CALCULATION OF PAY AND OVERTIME PREMIUM.
For time worked up to 40 hours in any given workweek,
the employee receives his regular hourly rate. For
each hour of time worked in excess of 40 within the
workweek, the employee receives one and one -half times
his regular hourly rate.
Eagle County will not compensate excess time worked of
less than one -half hour increments.
III. REQUIRED APPROVAL
Supervisors will approve time worked in excess of 40
hours per workweek in advance if at all possible. If
advanced approval is not possible, the time worked will
not be recorded as overtime unless and until the
supervisor gives his approval.
The Board of County Commissioners may from time to time
clarify and incorporate as part of this Policy,
situations or criteria in which overtime is permissible
or not permissible. Such changes in policy will be by
Resolution.
IV. OVERTIME PAYMENT DUE DATE
Payment for overtime (in compensatory time or a cash
payment) will be not later than two (2) months after
the overtime is earned. For example, overtime earned
in April will be paid as a cash payment in July if not
used as compensatory time within that same period.
V. METHOD OF PAYMENT
Payment for overtime worked will be either compensatory
time or a cash payment.
Page 4 of 6
Compensatory Time
Employees working overtime may be compensated for
overtime in the form of compensatory time (time off
with pay). Compensatory time will be given at a rate
equal to the overtime rate earned.
The use of compensatory time must be approved in
advance by the supervisor.
Cash Payment
If compensatory time cannot be taken by the time
payment for overtime is due, the employee will be
compensated for his balance of overtime worked in cash.
Under no circumstances will compensation for overtime
worked be allowed to accumulate beyond the overtime
payment due date.
VI. RECORDKEEPING RESPONSIBILITIES
Supervisors The responsibility for the accurate
reporting of time worked by employees rests with their
supervisor. Employees' time sheets will reflect the
actual number of hours worked and hours of paid
absences.
Accounting Department The Accounting Department is
responsible for caculating the balance of any overtime
worked that is to be compensated as a cash payment.
The Accounting Department's responsibility includes
insuring timely payment of overtime earned.
VII. REPORTING REQUIREMENTS
Supervisor's Report to the Board of Count
Commissioners Supervisors of employees who worked
overtime in a calendar month are required to provide
the County Commissioners with a monthly report stating
the situation that occurred which resulted in the
employee's working overtime.
Accounting Department's Report to the Board of Count
Commissioners The Accounting Department is require to
provide the Board of County Commissioners with a
monthly report detailing by department the number of
overtime hours worked, the number of hours of
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compensatory time used, the number of overtime hours
paid and the dollar amount of overtime paid. The
report is to be provided prior to the Board's review
and approval of the payroll.
VIII. OTHER RELATED REQUIREMENTS
Unidentified and Future Eligible and Not Eligible
Positions Any unidentified or future positions not
included as eligible or not eligible in this policy are
subject to review. Identification and inclusion will
be by Resolution.
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ACCEPTANCE
OF
THE EAGLE COUNTY PERSONNEL POLICY
(INCLUDING THE EAGLE COUNTY OVERTIME COMPENSATION POLICY)
I, A.J. JOHNSON, Sheriff of Eagle County, pursuant to
Section 30 -2 -104 C.R.S. 1973, as amended, do hereby accept the
provisions of the Eagle County Personnel Policy, as amended,
including the Eagle County Overtime Compensation Policy, binding
upon all employees of my office with the following revisions,
additions and /or alterations.
1. If any provisions of the Eagle County Personnel
Policy conflict with the performance of any duties of this
office as prescribed by state statute and /or the Colorado
State Constitution, the provisions of said state statute
and /or constitution shall control.
2. To the extent that the Eagle County Personnel
Policy is in conflict with the written Personnel Policy
established by me for the Eagle County Sheriff's Department,
the provisions of Eagle County Sheriff's Department
Personnel Policy shall prevail.
3. Any and all changes, amendments, and /or additions
to the Eagle County Personnel Policy adopted subsequent to
this Acceptance shall be of no force and effect whatsoever
with respect to the Office of the Sheriff and the employees
therein unless accepted in writing by myself as County
Sheriff.
ACCEPTED AND SIGNED this _� day if %, 1983.
a A. nson
�iff
unty of Eagle
State of Colorado
a
