G-392 - 12/16/1986 - PERSONNEL RULES & REGS - Ordinances _ � PEfZSoNNM t_
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ORDINANCE NO. G- 392
�- AN ORDINANCE AMENDING ARTICLE II OF APPENDIX D
(Personnel Rules and Regulations)
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook wishes to amend its ordinances to
confoam with the overtime requirements mandated by the Fair Labor Standards Act,
which Act the United States Supreme Court has apparently extended to cover public
employees;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAR BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section l: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth.
Section 2 That Section 5 ("Overtime Pay") of Article II entitled "Pay
Plan" of Appendix D, Personnel Rules and Regulations, of the Code of Ordinances
of the Village of Oak Brook is amended to read as follows:
Section 5. Overtime Pay.
(a) Non-Exempt Personnel. Full-time employees who are non-
exempt under the provisions of the Fair Labor Standards Act,
including cammissioned police and fire personnel below the
rank of Lieutenant, in the case of the Police Department, and
below the rank of Chief, in the case of the Fire Department,
shall be compensated, in cash or compensatory time off, for
periods worked in addition to the regularly established number
of hours a day, or days a week, at the rate of one and one-
half times the regular rate.
(b) Court Appearance. Police personnel below the rank of
Lieutenant shall be compensated for Court appearances in line
of duty at rates provided by department directive and approved
by the Village Manager.
(c) All overtime work must be approved by the department head
or the Village Manager.
(d) Department heads and administrative staff, will be
expected as part of their responsibility, to put in extra
hours from time to time as required by special circumstances
and may receive compensatory Time-Off in lieu of pay at the
discretion of the Department Heads or Village Manager.
Section 3: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are hereby
repealed to the extent of the conflict.
Section 4: That this Ordinance shall be in full force and effect from
and after its passage and approval as provided by law.
PASSED THIS 16th day of December , 1986.
Ayes: Trustees Bushy, Imrie, Maher, Philip, Bush and Winters
Nays: None
Absent: None
'41'' APPROVED THIS 16th day of December , 1986.
it age President
Cs-39 Q.
4 Ordinance o. G- 392
Amending Article II of Appendix D
(Personnel Rules and Regulations)
Page two
ATTEST:
a� Village CJJerk
_ .
Approved as to Form:
Till e Attorney
Published 12/17/86 Pamphlet Form
Date Paper
Not Published
\. FAIR LABOR STANDARDS ACT
POLICIES FOR
THE VILLAGE OF OAK BROOK
OCTOBER 1986
This memorandum sets forth the Village of Oak Brook's policies which implement
the requirements of the Fair Labor Standards Act which the United States Supreme
Court has ruled is applicable to local governments. The requirements of the Act
will not cause a major change in the operation of the Village government, however,
certain minor changes will be required particularly in the area of timekeeping and
work hours. This policy memorandum will begin by setting forth definitions for
certain terms and then it will describe the policies.
Definitions
The following terms as defined will be used throughout this memorandum.
Regularly Scheduled Shift:
The typical work schedule for an individual department or division. Some
operate under 7 hours per day, 35 hours per week; others operate at 8 hours
per day and 40 hours per week. Sane start at 7: 30 A.M. , others at 8: 30 A.M.
with corresponding ending time. Some schedules routinely require work on
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Saturdays and Sundays; most do not.
Overtime:
Time and a half paid for all work over 40 hours per week or 8 hours per day.
The payment may be in the form of cash or canpensatory time. The time rate
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in all cases will be one and a half times the number of overtime hours worked.
Hours Worked:
Time an employee is actually physically present at work, excluding lunch.
Time for which an employee is paid, but for which he is not at work, does
count toward hours worked - i.e. , sick time, holidays, personal days and
vacation.
Begin and End of Workweek:
The workweek for the Village will be defined as starting at midnight on Sunday
morning and ending midnight Saturday night. With the written approval of the
Village Manager, certain departments may choose to select a different workweek
for the betterment of their operation. Any department so choosing to select a
different workweek will notify all of its employees in writing.
Who is Affected?
The Fair Labor Standards Act selects certain employees to be exempted fran the
regulations. This group of people are referred to as "Exempt" employees. The
employees who are covered by the regulations are referred to as "Non-exempt"
employees. Appendix A, attached hereto, lists the positions of employees who
are Exempt. All other employees are Non-exempt. The rest of this memo will
generally refer to actions and policies directed to the Non-exempt employees.
The Workweek:
The Village currently maintains several workweek lengths. Same employees work
35 hours, others 40; certain firefighters work 56 hours per week. If an
Employee works more hours than his/her regularly scheduled shift, he/she is
eligible for overtime provided that the employee has worked at least 8 hogs
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per day.
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W i T i -`
Compensatory Time Bank:
Employees, except Fire and Police personnel, are allowed under an amendment to
the FLSA to earn compensatory time up to a total of 240 hours per year
(generated fran 160 hours of overtime work) . This means that during a year an
employee may work up to 160 hours of overtime and accrue compensatory time at
the rate of 1.5 times regular time. Due to the disruption to Village business
that can occur if an employee is unavailable over an extended period while
using compensatory time, employees will generally be allowed to accumulate
only 72 hours of compensatory hours, the time will be "banked". All
compensatory time must be taken with permission of the department head.
Fire and Police personnel are allowed, under FLSA, to accrue up to 480 hours
of compensatory time (generated fran 320 hours of actual overtime work) . Fire
and Police personnel may generally "bank" up to 72 hours of compensatory time.
>.. A bank system works as follows: time is added until the maximum is reached.
At any time during a year all or part of the time may be used, with
department/division approval. If some of the time is taken fran the bank,
then it may subsequently be replaced. The Village commits itself to be
reasonable in granting requests to use accumulated compensatory time. .
The compensatory bank system allows the supervisor sane options when it canes
to overtime. The option exists for cash or compensatory time. If no
budgeting allowance exists, then compensatory time should be used. If the
employee has already worked 160 overtime hours (thus, earn,ing the allowed 240)
then all future overtime must be paid in cash. Again, the supervisor will
take the reasonable requests of the employees into consideration when making
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these decisions.
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The bank may be carried from year to year, but the accunulated time in the
bank may generally not exceed 72 hours. In other words, the Employee does not
have a fresh opportunity each year to earn a separate new "bank" of 40 hours.
When an employee leaves the Village employment, time in the bank will be paid
off at either the hourly rate of their current salary, or the average hourly
rate for positions held over the last three years, which ever is higher.
Employees who work more hours than his or her regular daily shift, but less
than 8 hours per day, shall receive compensatory time.
Time Sheets:
All employees will be required to certify the accuracy of their biweekly time
sheets.
Daily Hours:
Non-exempt employees are hereby directed not to work more than their regularly
scheduled daily or weekly shift unless pursuant to appropriate authorization
by department head or his/her designee. An employee who works more than the
regularly scheduled daily or weekly shift will be paid for the extra time
whether or not permission has been obtained, but may be subject to discipline
for insubordination if he/she continues to work unauthorized overtime.
it will be the responsibility of supervisors to make sure employees are not
working overtime unless authorized. Employees may cane to their work station
before their shifts or remain after their shifts, but they may not perform any
Village work during such periods. The before or after shift time may be used
to make coffee, read newspapers, or socialize with fellow Employees, but may
not be used for Village work.
IInployees are also directed to take their exact lunch period. Returning early
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from lunch will be discouraged. If an employee does return early from lunch
he/she will be allowed to return to his/her work station only if no Village
work is produced until the end of the lunch period. If an employee leaves
late for lunch, corresponding time must be added to the end of the lunch
period. Similar time adjustments must be made if the employee leaves early.
If an employee works during lunch periods, then overtime permission procedures
described above will apply.
Village work shall be defined as anything which forms part of the regular
duties of the job. This would include answering a phone or filing work papers
so that things run smoothly once work begins.
Seasonal Employees:
Employees hired by the Village of Oak Brook to perfonn the work during the
summer months, with the following two restrictions, are exempt from the
`.. overtime regulations.
A. The overtime rules begin at 50 hours per week.
B. The employee cannot work longer than 14 weeks.
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APPENDIX A
The following personnel were determined to be exempt with respect to FLSA
standards:
a) Village Manager
b) Assistant to Village Manager
c) Village Attorney
d) Village Engineer
e) Finance Officer
f) Librarian
g) Police Chief and Police Lieutenants
h) Fire Chief
i) Public Works Superintendent
j) Sports Core Manager
k) Golf. Pro
1) Bath & Tennis Club Director
m) Tennis Pro
n) Swimming Pool Supervisor
Oil# &I-21A
VILLAGE OF OAK BROOK
MINUTES OF THE RESCHEDULED MEETING
`- December 16, 1986
MEETING CALL:
The Rescheduled Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Karen M. Bushy
Walter C. Imrie
Ronald P. Maher
Arthur W. Philip
Joseph H. Rush
H. Richard Winters
ABSENT: None
II. APPROVAL OF MINUTES:
Trustee Philip moved, seconded by Trustee Rush...
That the Minutes of the Regular Meeting of November 25, 1986 be approved as
corrected and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Philip moved, seconded by Trustee Winters...
That the Minutes of the Special Meeting of December 81 1986 be approved as
presented and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Philip moved, seconded by Trustee Imrie...
That the Minutes of the Committee-of-the-Whole Meeting of December 8, 1986
be approved as corrected and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
III. ORDINANCES AND RESOLUTIONS:
O-AORDINANCE NO. G-392 - AN ORDINANCE AMENDING ARTICLE II OF APPENDIX D
(Personnel Rules and Regulations) OF THE CODE OF ORDINANCES OF THE
VILLAGE OF OAK BROOK AND FAIR LABOR STANDARDS ACT POLICIES FOR THE
VILLAGE OF OAK BROOK:
Discussed and direction given at the Committee-of-the-Whole Meeting of
December 3, 1986.
Trustee Winters moved, seconded by Trustee Bushy...
To pass and approve Ordinance No. G-392 and approve the Fair Labor
Standards Act Policies as presented and waive reading of same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
VILLAGE OF OAK BROOK Minutes -1- December 16, 1986
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312 990-3000
December 17, 1986
Municipal Code Corporation
1700 Capital Circle S. W.
P. 0. Box 2235
Tallahasee, Florida 32304
Attention: Mr. Robert Laslie
Dear Mr. Laslie:
The Village Board at their Board Meeting of Tuesday, December 16, 1986
passed and approved the following Ordinance:
ORDINANCE NO. G-392 AN ORDINANCE AMENDING ARTICLE II OF
APPENDIX D (Personnel Rules and Regulations) OF THE CODE
OF ORDINANCES OF THE VILLAGE OF OAK BROOK
The above Ordinance is being forwarded to you for inclusion in the next
supplement of the Code of Ordinances of the Village of Oak Brook. I
would appreciate your acknowledging the receipt of this Ordinance.
Sincerely,
1
Richard A. Martens
Village Attorney
RAM/]r
Enclosure