TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Teresia Zadroga-Haase, Human Resources Director
SUBJECT:Title
Resolution to Amend The Personnel Rules to Compensate Battalion Chiefs at Time and a Half for Overtime Work Performed for Fire Suppression (Human Resources Director Zadroga-Haase).
ADOPT RESOLUTION NO. 16-0059
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Recommended Action
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 16-0059 to amend the Personnel Rules, Rule XI Section 12. Overtime Work so that the Battalion Chief position will be compensated at time and one half base rate for overtime worked for fire suppression operations/job duties.
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FISCAL IMPLICATIONS:
Battalion Chiefs will be compensated at time and one half base rate when working overtime for extra Fire suppression shifts. It is estimated that compensating Battalion Chiefs at time and one half for overtime for fire suppression operations/job duties will cost an average of $44,000 annually for three Battalion Chief Positions at current pay rates. Overtime compensation is not reportable for pension purposes because these overtime shifts are not part of regularly scheduled work hours, therefore there is no impact to pension costs.
BACKGROUND:
On December 3, 2013, the City Council approved the Police Management Association Memorandum of Understanding (MOU). The MOU included a provision providing Police Lieutenants with overtime at time and one half base rate for field operations. The provision in the adopted MOU changed the overtime provision for Police Lieutenants. Please note that the City’s Personnel Rules were not updated to remove the reference to Police Lieutenant in Rule XI Section 12 related to overtime for Police Lieutenants (Attachment 2 page 21), so the proposed change includes this housekeeping change. The language in the Personnel Rules would be updated to remove the Police Lieutenant from the sentence because the overtime item is addressed in the Police Management Association (MOU).
The Battalion Chief positions are not represented. The Fire Chief requested the City evaluate the compaction issue related to overtime pay for promotional opportunities from Fire Captain to Battalion Chief.
DISCUSSION:
Historically the Battalion Chief position is considered exempt from overtime per the Fair Labor Standards Act (FLSA) but Fire Captain positions can earn time and one half for overtime hours worked. In an effort to equitably compensate command staff for extra fire suppression shifts, staff recommends Battalion Chief positions be compensated at time and one half base rate for overtime work for fire suppression operations/job duties to be calculated in the same manner as the provisions for Police Lieutenants. For purposes of calculating overtime, general leave hours will be considered hours worked. This recommendation is consistent with the Police Lieutenant overtime provision approved in 2013.
The recommendation will encourage internal promotion. It is common for fire departments to pay their exempt suppression Battalion Chiefs the time and one half overtime rate for suppression shifts. Otherwise promoting to the rank of Battalion Chief would most likely mean a reduction in compensation since a large portion of suppression personnel compensation is in the form of overtime pay, and losing this overtime pay becomes a significant disincentive to promote from within.
POLICY ALTERNATIVES:
An alternative would be to maintain the existing language in the Personnel Rules so that Battalion Chief would continue to receive straight time for overtime worked for fire suppression.
PUBLIC OUTREACH/INTEREST:
After analysis, staff determined that public outreach was not required for this issue.
LEGAL REVIEW
The Human Resources Department has consulted with labor counsel on this matter.
Attachment/Attachments:
1. Resolution No. 16-0059
2. Personnel Rules Rule XI Section 12 - Overtime Work Redline (pages 17-22)