Employees of the City shall be compensated for overtime work at the rate of one and one-half (1-1/2) times their regular compensation, or, with the consent of the employee, given time off with pay in lieu thereof. Except any work performed on Sunday shall be paid at two (2) times the hourly rate. If a department determines to offer overtime for pay only or in lieu only, the department shall notify eligible employees prior to working the overtime.

1. DEFINITION OF OVERTIME WORK
   Overtime work is work performed by an employee of the City in excess of regularly scheduled hours, or on a holiday as defined in Article V, or at times other than those normally required for his or her employment, except as follows:
   1. Sanitation Personnel
      Overtime work for sanitation personnel is work performed that exceeds forty (40) hours per week.

   2. Part-time Personnel
      Overtime for part-time personnel is work in excess of forty (40) hours per week, ten (10) hours per day, work on holidays, or added hours as outlined in Vlll.J.2.

2. DISPUTE AS TO NORMAL HOURS OF EMPLOYMENT
   Any dispute or question of fact as to what time or times are normally required for the employment of any employee shall be decided by the City Manager and his or her decision shall be final.

3. POLICY
   
   1. In case of an emergency, (an emergency meaning an unforeseen circumstance requiring immediate action, a sudden unexpected happening, or unforeseen occurrence or condition, or a pressing necessity), a department head may require an employee in his or her department, bureau or division, to perform overtime work.

   2. No one shall be entitled to pay for overtime work unless such work was performed with the prior approval of management, except in an emergency to prevent loss of life or in injury or damage to persons or property.

   3. Except in an emergency, no employee shall be required to work more than sixteen (16) hours in one (1) day.

   4. When practical, overtime work shall be performed by the bargaining unit employee normally assigned the work on a daily basis.

4. RATE
   Employees shall be paid overtime at one and one-half (1-1/2) times the hourly rate except for Sunday which will be paid at two (2) times the hourly rate for the step in which employed, except those employees who receive differential pay under Article II shall be paid one and one-half (1-1/2) times the hourly rate for the monthly rate they are paid under said section and two (2) times the hourly rate for the monthly rate they are paid under said section for overtime worked an Sunday.
   
   1. All time worked between the hours of 2200 - 0500 on a call back or holdovers that are not prearranged shall be compensated at the rate of two (2) times the regular hourly compensation.

5. OVERTIME PAY - MINIMUM PAYMENT
   
   1. When an employee is called back to work after returning home, or is called to work on a day when he or she would normally be off duty, or is called to work on a shift to which he or she is not assigned, he or she shall be paid a minimum of four (4) hours of pay at the overtime rate even though he or she works less than four (4) hours. Should an employee so called to work be recalled after having been released from work, he or she will again be paid a minimum of four (4) hours of pay at the overtime rate provided he or she worked at least four (4) hours during the previous call to overtime duty, or two (2) hours had elapsed since the beginning of the previous call to duty. The provisions of this section shall not be applicable to holdovers.

   2. Overtime shall be considered prearranged if employee receives a minimum of twelve (12) {or sixteen (16) for 3-12} hours advanced notice. In this case F.5.A shall not apply. Prearranged overtime shall be a minimum of two (2) hours.

6. OVERTIME PAY - ON CALL FOR COURT
   Affected employees shall receive three (3) hours of straight time for the period from 8:00 a.m. to 12:00 p.m. and three (3) hours of straight time for the period from 1:00 p.m. to 5:00 p.m. when the affected employee is placed on an "on-call" status for court either on a workday or day off, except for those employees who are actually working during the time the "on-call" subpoena is in effect.

7. TIME OFF WITH PAY IN LIEU OF OVERTIME
   A department head may, with consent of the employee, authorize time off with pay in lieu of overtime pay. Time off with pay shall be given for a period equal to one and one-half (1-1/2) times the number of hours of overtime worked and double time the number of hours of overtime worked on Sunday.

8. IN LIEU ACCUMULATION
   All employees shall be allowed to accumulate in lieu time not to exceed a total of 240 hours. Each department will have the option of cashing out the accumulated in lieu time down to 120 hours, to be paid on the December 10th paycheck.

9. TERMINATION OF EMPLOYMENT
   Any employee who tenders his or her written resignation from the service of the City, or who is laid off for lack of work or funds, or who withdraws from active service of the City with a retirement allowance granted under the provisions of the Public Employees' Retirement Law or who has performed compensable overtime work and who upon the effective date of such resignation, layoff or retirement has not been compensated for such work by payment or time off in lieu of pay, shall be paid for all such overtime work on the basis of the salary being received by him or her at the time of termination of his or her employment, unless such overtime was worked in violation of Subsection 3, above. In the case of any employee whose service to the City is terminated by his or her death, such payment may be made to the person who would be entitled thereto by law, upon written application by such person and approval thereof by the City Manager.