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R85-43 county overtime compensation policyCommissioner %z,,/0-4t moved adoption of the following Resolution- BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85 -1i EAGLE COUNTY OVERTIME COMPENSATION POLICY (1985) WHEREAS, pursuant to Section 30 - -2 -104, C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", is empowered to adopt a classification and compensation plan for all County employees paid in whole or in part by the County; and WHEREAS, pursuant to the aforesaid statute, the Board, on June 20, 1983, adopted the Eagle County Overtime Compensation Policy, as evidenced by the Board's Resolution No. 83 -50; and WHEREAS, subsequent to the adoption of the Eagle County Overtime Compensation Policy, the United States Supreme Court, in Garcia v. San Antonio Metropolitan Transit Authority, overruled its 1976 decision in National League of Cities v. Usery, and determined that virtually all County employees including, by way of example only, law enforcement, fire prevention, sanitation, and public health, fall within the purview of the Fair Labor Standards Act (FLSA); and WHEREAS, pursuant to the San Antonio decision and federal legislative directive, county governments are accountable for compliance with the FLSA as of April 15, 1985, at a minimum; and WHEREAS, based upon the foregoing, the Board desires to repeal the Eagle County Overtime Compensation Policy adopted pursuant to the Board's Resolution No. 83 -50 and, in its place and stand, to adopt the Eagle County Overtime Compensation Policy (1985), attached hereto as Exhibit "A ", which complies with the San Antonio decision and the FLSA; and 3 WHEREAS, the provisions and benefits contained within the Eagle County Overtime Compensation Policy (1985) shall be made available to the elected officials of the County of Eagle, State of Colorado, and, upon acceptance thereof by the respective elected official, shall become binding upon the employees of his /her elected office. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby expressly repeals the Eagle County Overtime Compensation Policy adopted pursuant to the Board's Resolution No. 83 -50 and, in its place and stead, hereby adopts the Eagle County Overtime Compensation Policy (1985) attached hereto as Exhibit "A" and incorporated herein by this reference. THAT, the Eagle County Overtime Compensation Policy (1985) shall apply and be binding upon all County employees paid in whole and or in part by the County except as otherwise provided in Section 30 -2 -104, C.R.S., the Eagle County Personnel Policy, as amended, and /or the Eagle County Overtime Compensation Policy (1985). THAT, any and all overtime shall be compensated in accordance with the Eagle County Overtime Compensation Policy (1985). THAT, upon acceptance of the Eagle County Overtime Compensation Policy (1985) 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, any and all existing or previously adopted overtime compensation policies not reflected in this Resolution shall be and are hereby repealed and superceded by this Resolution. -2- THAT, in accordance with Section 30 -2 -104, C.R.S., the Eagle County Overtime Compensation Policy (1985) attached hereto as Exhibit "A" shall constitute and be construed as a component of the comprehensive classification and compensation plan adopted by the County of Eagle, State of Colorado. In this respect, the Eagle County Personnel Policy, as amended by the Board's Resolution No. 85 - q a , is hereby amended by this Resolution to include the Eagle County Overtime Compensation Policy (1985). THAT, the aforesaid repeal of the Eagle County Overtime Compensation Policy adopted pursuant to the Board's Resolution No. 83 -50, and the enactment of this Resolution and the Eagle County Overtime Compensation Policy (1985) shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the provisions of the Eagle County Personnel Policy, as amended, this Resolution and the Eagle County Overtime Compensation Policy (1985) are severable. If any section, sentence, clause or phrase therein is adjudged by a court of competent jurisdiction to be invalid, the decision shall not effect the validity of the remaining portions of the Eagle County Personnel Policy, as amended,this Resolution and /or the Eagle County Overtime Compensation Policy (1985). THAT, the Board hereby declares that the provisions of the Eagle County Overtime Compensation Policy (1985) heretofore shall be effective nunc pro tune April 15, 1985. THAT, the Board hereby finds, determines and declares that this Resolution and the Eagle County Overtime Compensation Policy (1985) are necessary for the health, safety and welfare of the employees of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at a -3- '3 regular meeting held this cq�day of June, 1985, nunc pro tunc April 15, 1985. ATTEST: 9 By ,�Olerk to the Board'of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: David E. Mott, Chairman Donald H. Welch, Commissioner -4- 'i Commissioner d- % Al�:--50 W seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott , l,G Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by Gam' a.,XWa S vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -5- i EAGLE COUNTY OVERTIME COMPENSATION POLICY (1985) EXHIBIT "A" The Eagle County Overtime Compensation Policy covers all em- ployees of Eagle County and is in compliance with the Fair Labor Standard's Act. It establishes a seven day (40 hour) work week for traditional positions, and qualifies for the limited exemp- tion, under Section 7 (K) of the Act, by establishing a fourteen day (85 hour) work period for Deputies and Correction Officers. It's provisions define overtime, the calculation for overtime compensation, compensation for holiday worked, exempt (not elig- ible) and non - exempt (eligible) classifications and reporting 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. Work Week: Seven consecutive days beginning at 12:01 a.m. Sunday for employees in traditional positions, and fourteen consecutive days beginning at 12:01 a.m. Sun- day for Deputies and Correction Officers. Time Worked: The time an employee is actually at work, productively working on tasks related to his job de- scription 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: a. Meetings are held during working hours. b. Attendance by employees is mandatory. C. The course, lecture, or meeting is di- rectly 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 travel time is counted as time worked. -1- Revised 6/85 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. Regula ourly Rate: An employee's annual salary divided by 2080 equals his regular hourly rate. Unworked Time: Time not worked, such as training, vacation, holidays, sick leave, injury leave, per- sonal leave and other authorized paid absences. Overtime: All hours of time worked in excess of forty 40 per work week for traditional employees and all hours in excess of 85 hours per payroll period for qualified public safety employees. Time and One -Half Rate: Payment equal to one and one - half times an employee's regular hourly rate. Payroll Period: Eagle County has a bi- weekly payroll system and payroll checks are issued every other Friday. Employee Classification: All employees shall be clas- sified in accordance with the Act. Exempt employees, executive, professional or administrative, are not eli- gible for overtime. All other employees, non - exempt, are eligible for overtime pay. II. CALCULATION OF PAY AND OVERTIME PREMIUM For time worked up to forty (40) hours in any given work week, for traditional employees, and up to eighty -five (85) hours in any two week period for Deputies and Correction Officers, the employee receives his regular hourly rate. For each hour of time worked in excess of the 40 or 85 hours within the work period or work week, the employee receives one and one -half times his regular hourly rate. III. OVERTIME PAYMENT Overtime will be paid at the end of the payroll period in which it is earned. IV. TIME OFF Employees who work overtime may be given time off, at the overtime rate, and without pay when the overtime is earned in one week in the payroll period and the time off is given the other week of the same payroll period. When time off is given in the same week as the extra hours are earned it is hour for hour within the 40 hour guideline. -2- Revised 6/85 ?'he use of time off must be approved in advance by the supervisor. V. HOLIDAY WORKED Employees who work on a County holiday will be paid at their regular rate of pay for their shift. In addition they will receive eight (8) hours of holi- day pay and with the approval of their supervisor, may take a compensatory eight (8) hours off without pay. The compensatory day off must be taken within two (2) payroll periods or it will be forfeited. VI. RECORDKEEPING RESPONSIBILITIES Supervisors: The responsibility for the accurate re- porting o£ time worked by employees rests with their supervisor. Employee's time sheets must be completed in ink, signed by the employee and approved by the supervisor. Any changes or deletions on a time sheet must be initialed by the employee. The supervisor is responsible for submitting the prescribed employee time sheets to the Payroll Department by 12 NOON on the Mon- day following the end of each payroll period. Accounting Department: The Accounting Department shall provide the Board of County Commissioners a bi- weekly overtime report for all County departments. Elected officials and department heads shall receive a bi- weekly report of overtime incurred in the prior payroll period by their respective departments. Reporting Requirements: Elected officials and depart- ment heads will report to the Board of County Commis- sioners on Staff Day, the basis for overtime hours in- curred by their department. -3- Revised 6/85 ACCEPTANCE OF THE EAGLE COUNTY OVERTIME COMPENSATION POLICY (1985) The undersigned respectfully County Overtime Compensation Poli, applicability to all Eagle County i By: 6 &Z //4 David E. Mott, Chairman M Commissioner By: Roberta Depp, Librarian endorse and accept the Eagle '-y (1985), and support its employees. By: J hnnette Phillips, Clerk & Recorder Ella Bindley, Assessor r By4M�' � 1ker, Treasurer By: A.J. Johnson, Sheriff i a ii ACCEPTANCE OF THE EAGLE COUNTY OVERTIME COMPENSATION POLICY (1985) The undersigned respectfully County Overtime Compensation Poli applicability to all Eagle County By: David E. Mott, C'nairman By: Donald H. Welch, �` Commissioner f By n Rob r a e -p, Libr i an endorse and accept the Eagle :y (1985), and support its employees. By. 4 nnette Phill s, Clerk & Recorder / J By: Ella Bindley, Assessor By Mary W lker, Treasurer By: A.J. Johnson, Sheriff