HomeMy WebLinkAboutPO 7103: AMENDING AND ORDINANCE REGARDING OVERTIME COMPENSATION ( ' P xt �
To: Mr. Ron Burton, City Manager DATE: October 13 2022
From: Ms. Trameka Williams, Director of Human Resources and Civi
Re: Adoption of Proposed Ordinance No. 7103 AN ORDINANCE AME ING THE
CODE OF ORDINANCES AS IT PERTAINS TO OVERTIME
COMPENSATION OF EXEMPT EMPLOYEES Ref. Compensatory Time
Accumulation
Comment
Recommendation:
It is recommended the City Council of the City of Port Arthur adopt Proposed
Ordinance No. 7103 which amends the city's Code of Ordinances as it pertains to
overtime compensation. Specifically, it increases the allowed accrual
compensatory time by exempt employees from fifty (50) hours to one-hundred
sixty (160) hours to ensure their appropriate overtime compensation.
Background:
The City of Port Arthur operates on a twenty-four(24)hour, seven(7) day a week basis to
provide services to, and respond to the needs of, its citizens. To meet this responsibility, it
is sometimes necessary for employees to work on an overtime basis.
City of Port Arthur employees are covered by 29 U.S.C. §203, commonly known as The
Fair Labor Standards Act or FLSA. This federal law requires that employees classified as
"exempt"be compensated with"compensatory time"rather than pay.
A general review finds that the compensatory time accrual limit of fifty (50) hours is not
sufficient given the amount of time that exempt employees may be called upon to work.
Therefore, it is recommended that the accrual limit be increased to one-hundred sixty(160)
hours to ensure the fair overtime compensation of the City's exempt employees. This
change will also bring the exempt accrual limit of regular City employees in line with that
of Civil Service employees.
Budgetary/Fiscal Effect:
It is anticipated to be none to limited as overtime is accounted for in the
department's budget and compensatory time(Comp Time) is provided as time off
to the employee.
Staffing/Employee Effect:
None
Summary:
It is recommended the City Council of the City of Port Arthur adopt Proposed
Ordinance No. 7103 which amends the city's Code of Ordinances as it pertains to
overtime compensation. Specifically, it increases the allowed accrual
compensatory time by exempt employees from fifty (50)hours to one-hundred
sixty (160)hours to ensure their appropriate overtime compensation.
"Remember, we are here to serve the citizens of Port Arthur."
P.O. No. 7103
10/13/22 TAW
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTIONS (3) AND (5) OF
SECTION 78-150 (A) OF THE CODE OF ORDINANCES AS IT PERTAINS
TO OVERTIME COMPENSATION
WHEREAS, it is recommended that the following changes be made to the
Code of Ordinances as it pertains to amending Subsections (3), (4) and (5) of
Section 78-150 (a) as follows:
"Section 78-150. Overtime Compensation.
(3) Exempt employees shall not be eligible to use more than 50 160 hours
of accrued compensatory time within a calendar year. Compensatory time
taken must be documented on the daily attendance time sheet.
(5) Exempt employees shall not accrue more than 50 160 hours of
compensatory time.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and
correct.
Section 2. That subsections (3) and (5) of Section 78-150 (a) Code of
Ordinances are herein amended as follows:
"(3) Exempt employees shall not be eligible to use more than 5-0 160
hours of accrued compensatory time within a calendar year.
Compensatory time taken must be documented on the daily attendance
time sheet.
(5) Exempt employees shall not accrue more than 58 160 hours of
compensatory time.
Section 3. That a copy of the caption of this Resolution be spread upon
the Minutes of the city Council.
Section 4. That this being an Ordinance amending an Ordinance which
does not carry a penalty, and does not require publication, it shall take effect
immediately from and after its passage.
READ, ADOPTED AND APPROVED on this day of
A.D., 2022, at a Meeting of the City Council of the City of Port
Arthur, by the following vote: AYES: Mayor
Councilmembers
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
1/Ai
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Valecia ize o�'Ci Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
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