10-21-85-Resolution-Establishing Work Schedules-10/21/1985CITY OF SANGER, TEXAS
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, ESTABLISHING A WORK PERIOD AND A PAY
PERIOD FOR ALL EMPLOYEES, ESTABLISHING A TIME -OFF
PLAN FOR CERTAIN EMPLOYEES; DECLARING CERTAIN
EMPLOYEES AS BEING COVERED NON-EXEMPT EMPLOYEES,
COVERED BUT EXEMPT EMPLOYEES, AND NON -COVERED
EMPLOYEES/OFFICIALS; PROVIDING FOR BACKPAY FOR
OVERTIME; REQUIRING TIME RECORDS; COVERING FUTURE
EMPLOYEES; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in consideration of the recent ruling of the United
States Supreme Court in mid -February, 1985, in Garcia v. San
Antonio Metropolitan Transit Authority in which the court
declared that the federal minimum wage and overtime laws
could constitutionally be applied to state and local govern-
ments; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
That in compliance with the Fair Labor Standards Act (FLSA)
as recently interpreted by the U. S. Supreme Court, the
following is hereby declared to be the official policy of
the City of Sanger, Texas:
A. WORK PERIOD
(1) All Employees Except Police Officers
The work period for all employees, except the
police officers, shall consist of a total of 168
hours (7 days x 24 hours per day) to begin every
Wednesday at 12:00 midnight to establish a work
week of Thursday through Wednesday. Any covered
non-exempt employee (except police officers) that
works over forty (40) hours in said work period
shall be paid overtime for all hours worked over
forty (40). Said work period shall begin on
October 24, 1985.
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C.
(2) Police Officers
The work period for all police officers is hereby
established as 336 hours (14 days x 24 hours per
day) to begin every other Wednesday at 12:00 mid-
night to establish a work period of Thursday
through the second following Wednesday as allowed
by the special 7(k) partial overtime exemption of
the FLSA. Any covered, non-exempt police officer
that works over eighty-six (86) hours in said work
period shall be paid overtime for all hours worked
over eighty-six (86). Said work period shall begin
on October 24, 1985.
The pay period for all employees shall consist of four-
teen (14) days and shall correspond to the employees
completed work period(s). The employee's wages shall
consist of pay, including any applicable overtime, for
the preceding two (2) completed work periods for
employees other than police officers and for the pre-
ceding one (1) completed work period for the police
officers. The payday for such pay period shall be the
Friday after the completed pay period. Said pay period
shall begin on October 24, 1985, and run through
November 6, 1985, with said payday for such pay period
being November 8, 1985.
TIME -OFF PLAN
Covered, non-exempt employees may participate in a time -
off plan in lieu of receiving monetary compensation for
overtime subject to the following rules:
(1) Time -off must be given to the employee at the one
and one-half (l ) rate. For example, working four
(4) hours overtime would credit the employee with
six (6) hours time -off; and
(2) All time -off must be taken in the same pay period
in which it was credited. Time -off credits cannot
be saved, accrued or carried over from pay period
to pay period. The employee must be paid for any
time -off credits not taken.
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E.
F.
COVERED, NON-EXEMPT EMPLOYEES
The following employees are covered under the FLSA and
are not exempted. For all overtime hours worked in one
(1) work period, the covered, non-exempt employees shall
receive overtime pay.
See Attachment A for list
employees.
COVERED, BUT EXEMPT EMPLOYEES
of covered, non-exempt
The following employees are exempted from the overtime
and minimum wage provisions of the FLSA.
See Attachment
employees.
B for list of covered, but exempt
NON -COVERED EMPLOYEES/OFFICIALS
The following employees/officials are not covered by the
provisions of FLSA and are therefore not required to be
paid overtime or minimum wage.
See Attachment C for
es.
mployees/official
G. BACKPAY FOR OVERTIME
the list of non -covered
(1) All covered, non-exempt employees shall receive
backpay for all overtime hours worked, retroactive
to April 15, 1985, as required by the U. S.
Department of Labor. The city secretary is hereby
directed to research and calculate any and all such
applicable overtime for all covered, non-exempt
employees and to issue such overtime wages from
April 15, 1985, to October 23, 1985, to said
employee(s) by special and separate check on
November 22, 1985, Any applicable overtime accrued
after October 23, 1985, shall be due and payable on
the regular pay period as set forth in this resolu-
tion.
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H.
(2) Backpay for overtime
calculated back to J
date the city only
enforcement officers
received the special
for police officers shall be
zly 27, 1985, as before such
had four (4) bona fide law
and therefore would have
exemption for small police
departments of less than five (5) bona fide law
enforcement officers. However, the city secretary
shall research the time records for the period from
April 15, 1985, to July 26, 1985, to ensure that
all of the police officers were paid at least the
minimum wage for every hour worked.
(3) If a settlement is reached, the employee shall sign
an affidavit stating that they feel they have been
fairly and equitably compensated for all applicable
backpay. Such affidavit shall include a statement
certifying that the employee has reached such
settlement on his/her own free will and that no
duress or harassment has been used.
TIME RECORDS
All employees shall be required to keep an accurate
record of their time on a form prescribed by the city.
I. FUTURE EMPLOYEES
All future employees will be compensated in accordance
with the Fair Labor Standards Act. At the time of
hiring, the city shall specify the rate and method of
compensation.
J. EFFECTIVE DATE
The Fair Labor Standards Act shall become the official
policy of the city upon passage of this resolution by
the city council. The work periods, pay periods and
backpay compensation shall begin on the dates as set
forth previously.
PASSED, APPROVED AND ADOPTED this the
, 1985.
ATTEST:
Irisecretary
PE
Mayor
ge
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ATTACHMENT A
COVERED, NON-EXEMPT EMPLOYEES
Administration Department
Administrative Secretary 0. E. Stogsdill
Billing Clerk R. Shuffield
Receptionist (Cashier -Clerk) Be J. Davis
Receptionist (Cashier -Clerk) W. L. Lester
Electricity Department
Foreman D. C. Howard
Lineman J. R. Sales
Lineman M. Howard
Police Department
Sergeant P. A. Earhart
Police Officer R. J. Parker
Police Officer M. D. Riley
Police Officer C. Amyx
Water and Sewer Department
Employee #1 T. J. Sweatman,
Employee #2 J. P. Haskins
Employee #3 R. Turner
Employee #4 Be W. Owen
Employee #5 R. A. Skipworth
Other
Landfill V. Burns
B. Ford
Attendant
Landfill
Attendant
Jr.
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ATTACHMENT B
COVERED, BUT EXEMPT EMPLOYEES
City Manager
City Secretary
Chief of Police
Director of Electric Utilities
Public Works Director
S. K. Shutt
M. J. Stover
B. C. Erwin
D. Waddell
J. D. Linn
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CITY w ._TA
sTCHVENT C ORIGINAL COP
NON -COVERED EMPLOYEES/OFFICIALS
Mayor
Councilmembers
Municipal Court Judge
City Health Inspector
Fire Chief
Fire Marshal
Volunteer Fire Fighters
Contract Janitor
Contract Equipment Operator
Contract Street Maintenance
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