HomeMy WebLinkAboutCity Council Resolution 92-031
RBSOLUTION )10. '2 - --º.31
A a.SOLUTIO. O~ THB CITY O~ SARATOGA
EXPRBSSLY STATI." THB ADKI.ISTRATIVB
POLICY 01' '1'IIB CI'l'Y RIIGUDI." DBDUCTIONS PROM
COMPBBSATION OJ BKPLOYBBS BXIHPT PROM THB OVBRTIKB
PROVISIO.S 01' THB PAIR LABOR STANDARDS ACT
WHEREAS, it is and at all times has been the administrative
practice of city officials and the intent of the city council that
all relevant applicable provisions of the Fair Labor Standards Act
(FLSA) be followed by city officials; and
WHEREAS, the City has previously credited the leave "banks"
of all employees designated as exempt from the overtime require-
ments of the Fair Labor Standards Act for time deducted from such
leave "banks" for absences of less than a day during the period
January 1990 through September 1991; and
WHEREAS, the City Council is satisfied that noncompliance with
FLSA regulations, if any, was not the result of any ordinance,
resolution or written City policy, but was inadvertent, in good
faith and was the result of lack of knowledge or uncertainty about
the controlling law, or uncertainty as to the interpretation of the
law by the Department of Labor, or confusion as to the particular
applicability of certain Federal regulations to local government
employees, and was not due to any intentional noncompliance with
the FLSA¡ and
WHEREAS, it is the desire and intent of the City council of
the City of Saratoga that the City expressly state its existing
policy of full compliance with the requirements of the FLSA and the
applicable regulations promulgated thereunder regarding employees
exempt from overtime compensation;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The administrative policy contained on P. 15 of the
Personnel and Administrative POlicies, which states that "Annual
leave is to be used for all time off from work except for Jury
Duty, Military Duty or Maternity Leave," is suspended until such
time that the Fair Labor Standards Act or regulations promulgated
pursuant to such Act are amended to allow deductions from salary
or leave time of employees designated as exempt from the overtime
requirements of the Act (the designated management positions of the
City Service set forth in Resolution 85-9.69 as amended). Notice
of such suspension shall be given in writing by the City Manager
to all affected employees.
2. There shall be no deductions from the salary of any
employee holding a job in a classification that the City has
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declared exempt (by inclusion in the Management class) from the
Fair Labor Standards Act overtime requirements for any period of
absence that is less than the employee's regular work day.
3. There shall be no deductions from sick leave, vacation,
holidays, floating holidays or administrative leave balances or
"banks" of any employee holding a job in a classification that the
City has declared exempt (by inclusion in the Management class)
from the Fair Labor Standards Act overtime requirements for any
period of absence that is less than the employee's regular work
day.
4. with the exception of the period from January 1990
through September 1991, the City Manager shall credit the sick
leave, vacation, holidays, floating holidays, bereavement leave or
administrative leave balances or "banks" of any employee holding
a job classification that the City has declared exempt (by
inclusion in the Management class) from the Fair Labor Standards
Act overtime requirements for any deductions from such leave
balances or "banks" heretofore made by the city.
5. No employee who has been designated as being exempt (by
inclusion in the Management class) from the provisions of the Fair
Labor Standards Act shall be suspended for a period of less than
a week unless such suspension is for violation of safety rules of
major significance.
6. This resolution shall be in effect from and after
April 15, 1986.
* * * * *
Passed and adopted by the City council of the City of
Saratoga, California, at a meeting thereof held on the 20th day of
May , 1992, by the following vote of the members thereof:
AYES:
Councilmembers Anderson, Mania, Stutzman and Mayor Kohler
NOES: None
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ABSENT: Council member Cl evenger
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May 12, 1992
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