§ 106.403. Overtime.

(a)

Because of the potential abuse that may be made of overtime salaries and wages, the Council hereby declares it to be the policy of the City that overtime shall be closely controlled and monitored and shall not be permitted unless it is necessary to perform the functions of the government that cannot be accomplished during the usual working day. Except for emergencies, all overtime shall be scheduled in advance of the time it is to be performed, and the approval of the department head or his designee shall be obtained before any employee is authorized to work scheduled overtime. In the case of an emergency, advance approval by the department head or his designee is not required, but the department head or his designee shall be notified as quickly as possible after the emergency begins of the reason for and the amount of overtime involved. Upon notification, the department head or his designee shall schedule and approve necessary overtime for handling the remainder of the emergency.

(b)

Employees of agencies covered by the Fair Labor Standards Act must have their right to overtime reviewed by their respective agency in accordance with the provisions of that act. Employees exempted from coverage under the Fair Labor Standards Act shall be subject to the provisions of this Section.

(c)

Civil Service managerial employees, as defined by the Personnel Manager pursuant to F.S. § 447.203(4), shall not receive a cash payment for overtime. Compensation for overtime for these employees shall be in the form of compensatory time at the rate of one hour of compensatory time for each hour of overtime worked.

(d)

Confidential employees, as defined by the Director of Employee Services Department pursuant to F.S. § 447.203(5), shall be entitled to earn compensation for overtime at the rate of one and one-half hours for each hour of overtime worked. Compensation shall be paid in the form of a cash payment unless compensatory time is mutually agreeable between the employee and the department head.

(e)

Employees in the classification of Fire Chief shall be entitled to receive a cash payment for overtime at the rate of one hour of pay for each hour of overtime worked, but not compensatory time.

(f)

Whenever a collective bargaining agreement approved by the Council and in force and effect provides for overtime compensation to employees in the bargaining unit covered by the agreement, the terms of the agreement relative to such compensation shall prevail over the provisions of this Section with respect to those employees.

(g)

The terms of the Grant Employee Salary and Employment Plan relative to overtime compensation shall prevail over the provisions of this Section with respect to grant employees.

(h)

Temporary employees or part-time employees may be paid overtime at the regular straight time rate or at the rate of one and one-half hours for each hour of overtime worked at the discretion of the department head. These employees shall not be entitled to receive compensatory time for payment of overtime.

(i)

The provisions of this Section shall not apply to special purpose contract employees, whose rights to overtime compensation, if any, shall be contained in a Special Purpose Employee Administration Plan or in the special purpose employee contracts; provided, however, such rights shall not exceed those granted to other employees of the City in this Section.

(j)

Any employee of the City other than those listed in subsections (c) through (i) of this Section may receive compensation for overtime in the form of compensatory time at the rate of one hour of compensatory time for each hour of overtime worked.

(Ord. 77-691-638, § 2; Ord. 78-1202-571, § 3; Ord. 81-456-191, § 1; Ord. 83-591-400, § 1; Ord. 85-789-566, § 1; Ord. 2011-732-E)

Note— Former § 126.403.