Common use of Overtime/Compensatory Time Clause in Contracts

Overtime/Compensatory Time. Fire Series employees (with exception to Battalion Chiefs and the Fire Chief) are to be compensated at the rate of 1 ½ times the regular rate for hours worked in excess of 182 hours in a 24-day consecutive pay period, except that they shall be paid at 1 ½ times the 40 hour per week rate for 12 hours or less in a shift and at 1 ½ times the 56 hours per week rate for more than 12 hours in a shift. If required to work on a State forest fire, the employee’s time will start from the time the employee is required to report for duty and end when he/she is returned to the City of Porterville. Any time on his/her regular work schedule will be at regular pay; all other time will be overtime, as outlined above. (Resolution 70-2017) Firefighter and Fire Engineers may receive compensatory time at time and one-half in lieu of overtime pay. Compensatory time shall be recorded on the employee’s time sheet and accounted for through the payroll system. Compensatory time accrual may be accumulated at not more than a maximum of 168 hours at any given time for employees assigned to a 56-hour per week shift, and a maximum of 120 hours at any given time for employees assigned to an administrative staff position (40-hour week). (Resolution 71-2011) Forced Overtime – When personnel are forced to work more than scheduled hours in order for the Department to meet minimum staffing standards, or to fill various ranks because no qualified personnel are available on the affected shift. This overtime may be the result of a “not-foreseen” situation (no relief available) and will be filled position for position from the off going shift, based on the least amount of overtime hours worked. It may also be the result of no one accepting a scheduled overtime offer. Foreseen Overtime – When an overtime situation occurs due to minimum staffing level or functional positions shortage is created or identified seven days or more before the beginning of the affected shift. Minimum staffing – the minimum personnel in total, and of each rank, required to be on duty to fill each shift. Staffing – The process of filling overtime vacancies by using the “rank for rank” method, by which a vacancy is filled by a person of equal rank to the personnel that created the vacancy. Acting positions may be used to satisfy the requirements of staffing if a person of equal rank is unavailable. Staffing / Overtime Policy: The use of acting officers and acting engineers is an important element of the succession training for the Department and its personnel. When shift vacancies are created and minimum staffing is not effected personnel who have been certified for acting positions will move up to fill the rank (functional position). Overtime shall be offered to all personnel below the rank of Battalion Chief, based on hours of overtime previously worked in the calendar year based on rank and/or position. Those with fewer hours of overtime worked will be offered the overtime first. The overtime list shall be used for the scheduling of all overtime greater than 9 hours in duration including OES and LGST calls. Overtime vacancies that consist of 9 hours or less may be filled at the discretion of shift command. No personnel shall work more than 96 hours consecutively unless they are on an OES or LGST call. With the approval of the Chief or his designee an employee may work up to 120 hours consecutively. Personnel cannot be forced if they have vacation within 2 shifts before or after the day of the forced overtime. Shift trades shall not be allowed to circumvent a force hire overtime. All overtime will now be assigned by phone, text message, or email so there is a record of how it was assigned and who agreed to take it or who was forced hired. For foreseen overtime personnel have 2 hours to call in and accept the overtime. If 2 hours pass and no one has taken the overtime it will be assigned as a force hire. The 40 hour shift arson Captain position shall not be forced hired Monday through Friday. At the end of every calendar year the overtime list shall be reset to zero for all employees.

Overtime/Compensatory Time. Fire Series employees (with exception to Battalion Chiefs and the Fire Chief) are to be compensated at the rate of 1 ½ times the regular rate for hours worked in excess of 182 hours in a 24-day consecutive pay period, except that they shall be paid at 1 ½ times the 40 hour per week rate for 12 hours or less in a shift and at 1 ½ times the 56 hours per week rate for more than 12 hours in a shift. If required to work on a State forest firean out of County assignment, the employee’s time will start from the time the employee is required to report for duty and end when he/she is returned to the City of Porterville. Any employee that is assigned on a 40-hour per week rate as their regular duty assignment will be paid at that rate on all over time assignments including assignments out of county. Any time on his/her regular work schedule will be at regular pay; , all other time will be overtime, as outlined above. (Resolution 7069-2017, Side Letter Agreement, December 2020) Firefighter and Fire Engineers FOS employees may receive compensatory time at time and one-half (1 ½) in lieu of overtime pay. Compensatory time shall be recorded on the employee’s time sheet and accounted for through the payroll system. Compensatory time accrual may be accumulated at not more than a maximum of 168 112 hours at any given time for employees assigned to a 56-hour per week shift, and a maximum of 120 80 hours at any given time for employees assigned to an administrative staff position (40-hour week). (Resolution 7116-20112004) Forced Overtime – When personnel are forced to work more than scheduled hours in order for the Department to meet minimum staffing standards, or to fill various ranks because no qualified personnel are available on the affected shift. This overtime may be the result of a “not-foreseen” situation (no relief available) and will be filled position for position from the off going shift, based on the least amount of overtime hours worked. It may also be the result of no one accepting a scheduled overtime offer. Foreseen Overtime – When an overtime situation occurs due to minimum staffing level or functional positions shortage is created or identified seven days or more before the beginning of the affected shift. Minimum staffing – the minimum personnel in total, and of each rank, required to be on duty to fill each shift. Staffing – The process of filling overtime vacancies by using the “rank for rank” method, by which a vacancy is filled by a person of equal rank to the personnel that created the vacancy. Acting positions may be used to satisfy the requirements of staffing if a person of equal rank is unavailable. Staffing / Overtime Policy: The use of acting officers and acting engineers is an important element of the succession training for the Department and its personnel. When shift vacancies are created and minimum staffing is not effected personnel who have been certified for acting positions will move up to fill the rank (functional position). Overtime shall be offered to all personnel below the rank of Battalion Chief, based on hours of overtime previously worked in the calendar year based on rank and/or position. Those with fewer hours of overtime worked will be offered the overtime first. The overtime list shall be used for the scheduling of all overtime greater than 9 hours in duration including OES and LGST calls. Overtime vacancies that consist of 9 hours or less may be filled at the discretion of shift command. No personnel shall work more than 96 hours consecutively unless they are on an OES or LGST call. With the approval of the Chief or his designee an employee may work up to 120 hours consecutively. Personnel cannot be forced if they have vacation within 2 shifts before or after the day of the forced overtime. Shift trades shall not be allowed to circumvent a force hire overtime. All overtime will now be assigned by phone, text message, or email so there is a record of how it was assigned and who agreed to take it or who was forced hired. For foreseen overtime personnel have 2 hours to call in and accept the overtime. If 2 hours pass and no one has taken the overtime it will be assigned as a force hire. The 40 hour shift arson Captain position shall not be forced hired Monday through Friday. At the end of every calendar year the overtime list shall be reset to zero for all employees.

Overtime/Compensatory Time. Fire Series employees (with exception to Battalion Chiefs and the Fire Chief) are to be compensated at the rate of 1 ½ times the regular rate for hours worked in excess of 182 hours in a 24-day consecutive pay period, except that they shall be paid at 1 ½ times the 40 hour per week rate for 12 hours or less in a shift and at 1 ½ times the 56 hours per week rate for more than 12 hours in a shift. If required to work on a State forest firean out of County assignment, the employee’s time will start from the time the employee is required to report for duty and end when he/she is returned to the City of Porterville. Any employee that is assigned on a 40-hour per week rate as their regular duty assignment will be paid at that rate on all over time assignments including assignments out of county. Any time on his/her regular work schedule will be at regular pay; , all other time will be overtime, as outlined above. (Resolution 7069-2017, Side Letter Agreement, December 2020) Firefighter and Fire Engineers FOS employees may receive compensatory time at time and one-half (1 ½) in lieu of overtime pay. Compensatory time shall be recorded on the employee’s time sheet and accounted for through the payroll system. Compensatory time accrual may be accumulated at not more than a maximum of 168 hours at any given time for employees assigned to a 56-hour per week shift, and a maximum of 120 hours at any given time for employees assigned to an administrative staff position (40-hour week). (Resolution 7185-20112022) Forced Overtime – When personnel are forced to work more than scheduled hours in order for the Department to meet minimum staffing standards, or to fill various ranks because no qualified personnel are available on the affected shift. This overtime may be the result of a “not-foreseen” situation (no relief available) and will be filled position for position from the off going shift, based on the least amount of overtime hours worked. It may also be the result of no one accepting a scheduled overtime offer. Foreseen Overtime – When an overtime situation occurs due to minimum staffing level or functional positions shortage is created or identified seven days or more before the beginning of the affected shift. Minimum staffing – the minimum personnel in total, and of each rank, required to be on duty to fill each shift. Staffing – The process of filling overtime vacancies by using the “rank for rank” method, by which a vacancy is filled by a person of equal rank to the personnel that created the vacancy. Acting positions may be used to satisfy the requirements of staffing if a person of equal rank is unavailable. Staffing / Overtime Policy: The use of acting officers and acting engineers is an important element of the succession training for the Department and its personnel. When shift vacancies are created and minimum staffing is not effected personnel who have been certified for acting positions will move up to fill the rank (functional position). Overtime shall be offered to all personnel below the rank of Battalion Chief, based on hours of overtime previously worked in the calendar year based on rank and/or position. Those with fewer hours of overtime worked will be offered the overtime first. The overtime list shall be used for the scheduling of all overtime greater than 9 hours in duration including OES and LGST calls. Overtime vacancies that consist of 9 hours or less may be filled at the discretion of shift command. No personnel shall work more than 96 hours consecutively unless they are on an OES or LGST call. With the approval of the Chief or his designee an employee may work up to 120 hours consecutively. Personnel cannot be forced if they have vacation within 2 shifts before or after the day of the forced overtime. Shift trades shall not be allowed to circumvent a force hire overtime. All overtime will now be assigned by phone, text message, or email so there is a record of how it was assigned and who agreed to take it or who was forced hired. For foreseen overtime personnel have 2 hours to call in and accept the overtime. If 2 hours pass and no one has taken the overtime it will be assigned as a force hire. The 40 hour shift arson Captain position shall not be forced hired Monday through Friday. At the end of every calendar year the overtime list shall be reset to zero for all employees.