R-821 - 11/26/2002 - SALARY ADMIN PLAN - Resolutions Supporting DocumentsSt OF 044,
VILLAGE
OF OAK BROOK
A
o Village Board Transmittal Memorandum
9cFCOUNT1
DAZE: November 22, 2002
SUBJECT: Amendment to 2002 Salary Plan — 7g2 Agreement: Part-time Fire Inspector Pay Rates
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FROM: Michael A. Crotty, Acting Village Manager
]RECOMMENDATION: That the Village Board adopt the attached resolution amending the
2002 Salary Plan incorporating new part -time pay rates for certain positions covered by 7g2
agreements.
For approximately the past two years, the arrangement under which off -duty firefighters work as part-
time fire inspectors has been under review by the Wage and Hour Division of the Department of
Labor. The review resulted from a complaint made by a current firefighter that the pay rate established
for this work was somehow inconsistent with the provisions of the Fair Labor Standards Act. The
Village has maintained throughout the review that it is fully compliant with the Act, noting that the
existing method employed in Oak Brook was implemented in the late 1980s after full review and
approval by the Wage and Hour Division at that time.
The Fair Labor Standards Act contains a provision for establishing 7g2 agreements with public safety
employees for this type of work. The basic principles are that the rate for the work can be different
from the rate paid to the employee while working as a firefighter provided it is a "bona fide" rate (i.e.
based on reasonable criteria). Further, since the employee is working additional hours for the
employer (albeit, in a different position), the payment is made at an overtime rate.
The rates were established when the part-time fire inspection program was implemented, and the Wage
and Hour Division deemed the rates to be "bona fide" based on the formula used. Since that time, the
rates have been increased each year consistent with percentage increases applied to all un- represented
full -time positions.
Based on its current investigation, the Wage and Hour Division has concluded that new 7g2
agreements should be implemented in order to more clearly reflect both straight time rates and
overtime rates for part-time work performed by off -duty firefighters. Staff has developed new rates for
positions covered by 7g2 agreements based on survey information, and the Wage and Hour Division
has again approved the formula by which the new rates were developed.
The rate for part-time Fire Inspectors is established in the Salary Plan for non - represented positions,
and amendments to the Plan are accomplished by Resolution of the Board. The attached resolution
amends the 2002 Salary Plan based on the new rates developed as a result of this investigation.
Firefighters wishing to perform part-time work under this arrangement would need to sign the 7g2
agreements acknowledging the rates for performing part-time work while off -duty.
7g2 Board Action
� t �
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It is important to note that these part-time inspector positions are not included in the' Recognition
Clause of the Collective Bargaining Agreement between the Village and Teamsters Local 714. As
such, the Village is not obligated to bargain over the rate.
/mac
attachment
cc. Richard A. Martens, Village Attorney
Debra J. Jarvis, Fire Chief
7g2 Board Action
8 A. 1) 4 The appointment of Janice Skowron, with her term expiring May, 2005.
5. The appointment of Madeline Bell, with her term expiring May, 2004
6. The re- appointment of Randa Bxshlawi (term expired May, 2002), with
her term expiring May, 2005
Motion by Trustee Caleel, seconded by Trustee Korin, to appoint Melissa
Salazar with a term to expire May, 2003; William E. Duff with a term to
expire May, 2004; Veena Mendiratta with a term to expire May, 2005',
Janice Skowron with a term to expire May, 2005; Madeline Bell with a
term to expire May, 2004 and to re- appoint Randa Bishlawi to a term to
expire May, 2005. VOICE VOTE: Motion carried.
Melissa Salazar, Janice Skowron and Madeline Bell attended the meeting.
2) ELECTRICAL COMMISSION ELEC COMMISSION
Electrical Commission - 3 Year Terms:
1. The re- appointment of Kenneth Julian (term expired June, 2002), with
his term expiring June, 2005.
Motion by Trustee Korin, seconded by Trustee Caleel, to re- appoint
Kenneth Julian with a term to expire June, 2005. VOICE VOTE. Motion
carried.
B. ORDINANCES & RESOLUTIONS • ORD /RES
1) RESOLUTION 2002 - SAP -EXI -R -821, "A RESOLUTION APPROVING RES 02- SAP- EXI -R-
821 - ANIND SALRY
AN AMENDMENT TO THE SALARY PLAN FOR NON -UNION PLN -02
EMPLOYEES FOR 2002"
For approximately the past two years, the arrangement under which off -
duty firefighters work as part-time fire inspectors has been under review
by the Wage and Hour Division of the Department of Labor. The review
resulted from a complaint made by a current firefighter that the pay rate
established for this work was somehow inconsistent with the provisions of
the Fair Labor Standards Act. The Village has maintained throughout the
review that it is fully compliant with the Act, noting that the existing
method employed in Oak Brook was implemented in the late 1980s after
full review and approval by the Wage and Hour Division at that time.
VILLAGE OF OAK BROOK Minutes Page 8 of 16 November 26, 2002
LW
I
B. 1) The Fair Labor Standards Act contains a provision for establishing 7g'4
agreements with public safety employees for this type of work. The basic
principles are that the rate for the work can be different from the rate pal(
to the employee while working as a firefighter provided It is a "bona fide'
rate (i.e. based on reasonable criteria). Further, since the employee 1
working additional hours for the employer (albeit, in a different position)
the payment is made at an overtime rate.
The rates were established when the part-time fire inspection program was
implemented, and the Wage and Hour Division deemed the rates to be
"bona fide" based on the formula used. Since that time, the rates have
been increased each year consistent with percentage increases applied to
all un- represented full -time positions.
Based on its current investigation, the Wage and Hour Division has
concluded that new 7g2 agreements should be implemented in order to
more clearly reflect both straight time rates and overtime rates for part
time work performed by off -duty firefighters. Staff has developed new
rates for positions covered by 7g2 agreements based on survey
information, and the Wage and Hour Division has again approved the
formula by which the new rates were developed.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to adopt
Resolution 2002 - SAP -EXI -R -821, "A Resolution Approving al
Amendment to the Salary Plan for Non -Union Employees for 2002 ",
which amends the 2002 Salary Plan incorporating new part-time pay rates
for certain positions covered by 7g2 agreements. ROLL CALL VOTE
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Konn, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
1
2) ORDINANCE 2002- VCODE- REV -EXI -G -706, "AN ORDINANCE
AMENDING CHAPTER 14, ("FEES' ), OF TITLE i
( "ADMINISTRATION ") OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK"
i
Pursuant to Board direction Village Attorney Martens drafted Ordinance
2002- VCODE- REV -EXI -G -706, An Ordinance Amending Chapter 14,
( "Fees "), of Title 1 ( "Administration ") of the Village Code of the Village
of Oak Brook ", which adopts a comprehensive amendment to Chapter 14,
of Title 1 of the Village Code of the Village of Oak Brook.
VILLAGE OF OAK BROOK Minutes
IL-10
Page 9 of 16 November 26, 2002
i
ORD 02- VCODE-
REV-EX 1 -G -706
AMND CHAP 14,
FEES, OF TITLE 1