020-86 Ordinance AMENDED
RECORD OF ORDINANCES
National Graphics Corp.. CoIs.. O. ~ Form No. 2806-A
Ordinance No.]9_-::~_~___(~_~ded) Passed _______________ ________________________19_____ --
AN ORDINANCE TO AMEND CERTAIN PORTIONS
OF ORDINANCE NO. 52-81 and 48-83 (VILLAGE
OF DUBLIN COMPENSATION PLAN).
WHEREAS, the Federal Fair Labor Standards Amendments Act of 1985,
mandates certain provisions regarding overtime and compensatory
time provisions for covered Village employees; and
WHEREAS, it is necessary to establish an overtime and compensatory
time policy for employees who are not covered by said overtime/
compensatory time provision; and
WHEREAS, it is necessary to establish policy regarding utilization of
accrued vacation time; and
WHEREAS, Council is of the opinion that said amendments are necessary.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin,
State of Ohio, 7 members concurring that:
Section 1. For purposes of compliance with the Fair Labor Standards
Act, all Village employees shall be categorized as herein provided.
A. Non-Covered Employees. Employees categorized herein:: are not
covered under the Fair Labor Standards Act. Non-covered
employees include:
1. elected officials, and
2. political appointees (such as board and commission members,
the Law Director and independent contractors).
B. Exempt Employees. Employees categorized herein are covered
under the Fair Labor Standards Act except that they are
excluded by said Act from its minimum wage; and overtime/
compensatory time provisions. Exempt employees fall within
four categories as follows:
Executive Professional
Manager Village Engineer
Finance Director
Parks and Recreation Director Administrative
Village Planner Zoning Administrator
Police Chief Code Enforcement Officer
Maintenance Superintendent Finance/Income Tax Collector
Clerk of Council
Rereational
Seasonal Full Time Maintenance Personnel
Summer Recreation Staff
C. Non-Exempt Employees. Employees categorized herein are covered
under the Fair Labor Standards Act generally and fully subject
to said acts minimum wage, overtime/compensatory time provisions.
Non-exempt employees include all employees within the following
job classifications.
Maintenance Worker (Grade I and II)
Police Officers (except Chief of Police)
Clerical Personnel
Building and Engineering Inspectors and Plan Reviewer
RECORD OF ORDINANCES
National Graphics Corp., Cols., O. Form No. 2806-A
Ordinance No._____~9~_~_6 __(A!!l_~nded) Passed____ ____ nm_____________________ _________19_____
Page Two
Section 2. Pursuant to the Fair Labor Standards Act, non-exempt employees
who work hours in excess of the maximum number of hours applicable to
such employees standard work week, shall be paid at a rate of one and
one-half times the non-exempt employee's regular rate of pay for each
such overtime hour worked.
Section 3. Pursuant to the Fair Labor Standards Act, the Village may
grant non-exempt employees compensatory time off in lieu of overtime
pay, at the rate of time and one-half for each overtime hour worked. Each
non-exempt employee may accumulate a compensatory time bank of up to 240
hours. After a non-exempt employee has accrued this maximum compensatory
time bank, and not used it as leave, all additional overtime for such
employee must be paid in cash.
Section 4. Pursuant to the Fair Labor Standards Act, an employee with
accumulated compensatory time may request leave and shall be granted
such leave within a reasonable time so long as the granting of said
leave does not disrupt Village operation as determined by the non-exempt
employee's supervisor and the Manager.
Section 5. Pursuant to the Fair Labor Standards Act, upon termination,
accumulated compensatory time balances shall be paid at a rate not less
than the average rate received by the non-exempt employee over the last
three years of employment or the final regular rate, whichever is greater.
Section 6. Exempt employees shall not be entitled to overtime payor
formal compensatory time pursuant to the Fair Labor Standards Act. How-
ever, the manager shall prepare administrative guidelines so as to enable
him to authorize time off for exempt employees in a fair and uniform
manner.
Section 7. To amend Section S.C. of Ordinance No. 52-81 as follows:
Annual vacation leave accrued in anyone year of service shall be used
within the calendar year in which it is accrued. If not utilized within
said time period, and unless the employee has received written approval
from the Manager, at his sole discretion, to carryover accrued vacation
leave to the next calendar year, the employee shall be deemed to have
waived said previously accrued vacation leave.
Section 8. Due to job requirements and work scheduling, vacation accruals
shall not exceed four weeks (160 hours).
Section 9. This ordinance sha 11 take effect and be in force from and
after the earliest period allowed by law.
Passed this day of April , 1986.
Mayor - Presiding Officer
Attest:
~~- tf~
CI rk of Coun 1
Sponsor: Law Director
I hereby ce~ify that copies of this Ordjnance/qesohlti~,.
wen: posted to the Village of Dublin in accordance with
SectIon 731.25 of the Ohio Revised Code.
JAchw~ 't/j, ?4-~
Clerk of Council