Agenda Item #                

Columbus Consolidated Government
Council Meeting

November 13, 2012

Agenda Report #              

TO: Mayor and Council

SUBJECT: Revised Overtime and Compensatory Time Policy
INITIATED: Mayor, City Manager and Human Resources Department

Recommendation:  Approve an ordinance adopting amended Human Resources Policy Number 220-201, Overtime and Compensatory Time Policy.

Background:  On September 22, 1998 the Council adopted Ordinance No. 98-91creating the existing Overtime and Compensatory Time Policy.  

Analysis:  The revised policy clarifies the intent of the original policy with respect to the accumulation, recording, reporting and monitoring of comp time and the disposition of comp time at termination or retirement.  The proposed revision adds additional oversight and control to prevent policy abuse and reduces to 6 months the maximum time that comp time worked can stay on the books.

The question of how will the proposed changes to a maximum comp time accrual of 100 hours and maximum time to use accrued comp time reduced to 6 months (or less) was sent to all department heads with a request to respond with any concerns.  The only departments responding with concerns were the Police and Parks & Recreation Departments.  In both cases there was no concern about the maximum of 100 hours.  However, both expressed concern about reducing the time limit on using the comp time.

Financial Considerations: Although there are no direct financial considerations, it is anticipated that the revised policy will reduce the accrued liability and expense of employees banking large amounts of comp time that is then paid in cash at the time of termination or retirement.  Comp time abuse can create unbudgeted expenditures and additional pension fund liability.

Projected Annual Fiscal Impact Statement:  None except as noted in Financial Considerations.

Legal:  Authorization of Council is required to amend personnel policy.

Recommendation/Actions: The Mayor, City Manager, Finance Director and Human Resources Director recommend the proposed amended policy.

Overtime/Compensatory Time 220-201



EFFECTIVE DATE: November 1, 1998 REVISION DATE: December 1, 2012


Confirmed by Council of The Columbus Consolidated Government, Ordinance No. ____ dated the 13TH day of November ,2012.

It is the general policy of the Columbus Consolidated Government that all work by non-exempt employees shall, as much as possible, be completed during the employee's normally scheduled work day or shift. In instances where a non-exempt employee must work hours in excess of the maximum permitted for his/her respective work period, prior approval of the immediate supervisor and/or Department Director must be obtained. The Columbus Consolidated Government will comply with the provisions of the Fair Labor Standards Act (FLSA) and other applicable federal and state regulations.

When conditions arise which, by the determination of the immediate supervisor and/or Department head, necessitate that non-exempt employees work overtime, employees will be expected to work such overtime as approved and assigned by their supervisor and/or Department Director.

This policy applies to all employees of the Columbus Consolidated Government.

It is the responsibility of the management and supervisory staff of the Columbus Consolidated Government to monitor the work schedules of employees under their supervision, to assure compliance with the provisions of this policy, to approve overtime/comp time by non-exempt staff only when necessary and when funds are available, to assign overtime/comp time equitably and to maintain records of overtime and compensatory time assigned.

It is the responsibility of employees to adhere to all policy requirements regarding overtime and compensatory time off.

1. Notice - When Overtime is required, supervisors will provide employees with as much advance notice as possible.

2. Exempt Staff - Exempt employees (i.e., employees who qualify for an exemption from FLSA overtime provisions because they meet the test of executive, administrative, or professional exclusion) are paid on a straight salary basis for their overall job responsibilities rather than actual hours worked. Thus, any additional hours worked by exempt employees will be without additional pay, in accordance with federal FLSA regulations. Exempt employees may not earn comp time and “comp time” hours are not to be recorded as such. Any time off granted to exempt employees may be given at the discretion of the respective Department Director through use of flexible scheduling upon careful consideration of the amount and nature of the extra hours worked.

3. Non-exempt Staff - Non-exempt, non-public safety employees (i.e., those who are scheduled to work 40 hours during a seven-day work period) will be paid at their regular straight time hourly rate of pay for all hours actually worked up to and including the 40th hour in each seven-day work period (12:01 a.m. Saturday through 12:00 midnight the following Friday). For all hours actually worked in excess of 40 hours in each seven-day workweek, non-exempt, 40-hour per week employees will either receive overtime pay at the rate of time-and-one-half their regular hourly rate of pay or they will receive compensatory time off at a rate of time-and-one-half hours off for each overtime hour worked.

5. Other Non-exempt Public Safety - Employees of the Columbus Consolidated Government assigned to Police, Fire, EMS, 911, Sheriff's Department, Marshals Office or Muscogee County Prison working standard 40 hour schedules or public safety support personnel (e.g., receptionists, operators, secretarial/clerical, etc) are governed by the non-public safety Columbus Consolidated Government policies and FLSA regulations as delineated in this policy.

6. Compensatory Time Guidelines and Legal Restrictions for Non-exempt Staff - The Columbus Consolidated Government for budgetary and employee considerations discourages the use of overtime. The payment of overtime dollars can be minimized by granting compensatory time equal to one and one half hours for each hour worked (legal requirement). Other requirements are:

Overtime/Compensatory Time 220-201
Compensatory Time Off Agreement
For Non-Exempt Columbus Consolidated Employees

In accordance with the Fair Labor Standards Act (FLSA), the Columbus Consolidated Government has a policy wherein non-exempt employees may be granted compensatory time off in lieu of pay for hours worked.

In compliance with the provisions of FLSA, I understand that compensatory time, when granted, will be given at a rate of time-and-one-half hours off for each overtime hour worked:
I further understand that compensatory time may be limited, accrued, used, or cashed in consistent with the provisions of City policy (see policy no. 220-201) and applicable laws and regulations of the U.S. Department of Labor.

I agree to the provisions of time off as compensation for overtime worked and consent to the use of compensatory time in accordance with City policy. I also understand that this agreement shall continue in full force and effect until revoked, in writing by me or the City.

Supervisor/Dept. Head Signature Date