Sec. 40-51. - Hours of work; approved absences.

(a)

Forty hours per week shall constitute regular employment for all employees of the city, except in those positions for which a special or flat rate of pay constitutes full remuneration for all services rendered regardless of the number of hours worked.

(b)

Daily hours of work, or shifts, shall be assigned by commissioners or department heads as required to meet the operational requirements of such departments.

(c)

Employees must obtain the approval of the commissioner or department head for any foreseeable absence or other deviation from the regular work schedule. Notice of approved absences shall be sent to the director of personnel and such absences noted on the employee's time sheet(s).

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-52. - Unauthorized absence—Automatic termination; other discipline.

(a)

An employee absent from his or her position for more than five consecutive working days without prior permission of the commissioner or department head will be deemed to have voluntarily resigned his or her employment with the city. Such termination shall be final unless the employee furnishes reason upon his or her return that is satisfactory to the city for not having obtained prior authorization for the absence.

(b)

Any unauthorized absence may be cause for disciplinary action as provided in article II, division 5.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-53. - Job functions and responsibilities.

Employees may be required to perform duties not specifically mentioned in the applicable position description or class specification; such omission from the position description or class specification is not an acceptable reason for an employee to refuse to perform the duties as directed.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-54. - Physical requirements of employees.

(a)

The city requires all employees to be physically and otherwise able to perform the duties of the position in question. All candidates who have received a bona fide offer of employment may be subject to physical examination to determine their ability to perform the duties of the position. Employees may be subject to physical examinations, provided such examinations are job-related and consistent with business necessity.

(b)

No employee shall hold any position in which he or she is physically or otherwise unable to perform fully the duties of the position without hazard to himself or others. Such a determination shall be made on a case-by-case basis and in light of the specific circumstances of the case.

(c)

It shall be the city's policy in regard to employees who are terminated from employment pursuant to this section to make such efforts as are consistent with the provisions of this chapter to consider such employees for employment in open positions in the city service for which the employees are qualified. The factors to be considered in this regard include, but are not limited to, the employee's length of service, quality of performance, other qualifications, and the availability of openings.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-55. - Employment during emergency.

(a)

When by executive order the mayor shall have declared a state of emergency which requires the closing of the city offices or reduction of governmental functions, certain essential personnel nonetheless may be required to work.

(b)

For purposes of this section, essential personnel shall be those so designated in an applicable emergency plan or by their respective department heads.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-56. - Overtime.

(a)

It is the policy of the city to avoid the necessity for overtime work whenever possible. When overtime work is required, provisions shall be made for the equitable distribution of overtime work, provided such distribution is consistent with the efficient operations of the department(s) concerned.

(b)

Any employee may be required to work overtime if, in the judgment of the commissioner or department head, work beyond the established work week or work day is required. Except in the case of immediate emergency, such work shall be performed only with the prior authorization of the responsible commissioner or department head.

(c)

Employees who are subject to the minimum wage and overtime requirements of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., as amended, (the "FLSA") shall be paid overtime or be provided with compensatory time in accordance with the FLSA. No employee shall accrue more than 60 compensatory hours, calculated as time and one-half of actual overtime hours worked, which must be taken within the calendar year.

(d)

Except as provided herein, employees who are exempt from the requirements of the FLSA shall not be eligible for overtime compensation. When significant overtime work is required, at the discretion of the responsible commissioner or department head, and subject to the approval of the director of personnel, exempt employees may be paid additional compensation for overtime worked, paid on a straight time basis, or may be provided with compensatory time off. However, supervisory positions in the communications unit of the police department shall not be subject to the provisions of this subsection and shall be paid overtime compensation at a rate of one and one-half times the hourly rate equivalent of the employee's annual salary for all hours of overtime worked.

(e)

In the case of commissioners or department and division heads who are exempt from the requirements of the FLSA, the annual salary shall be considered full compensation for all hours worked, and no overtime shall accrue for such employees.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-57. - Annual declaration forms—Outside employment.

All city employees must file an annual declaration of outside employment activity pursuant to this section.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-58. - Outside activities—Policy.

(a)

Generally. A city employee shall not engage in any employment, activity or enterprise that is inconsistent, incompatible or in conflict with his or her duties, functions or responsibilities as a city employee.

(b)

Service on boards of directors prohibited. During their respective terms of office or employment, the mayor, the president and all members of the city council, the city treasurer, the mayor's chief of staff, the city auditor, the city solicitor, the director of public safety, and all other department heads shall not engage in any service as a member on any board of directors of any for-profit corporation, whether or not receiving compensation for such service, unless such service is disclosed in the annual declaration of outside employment activity, pursuant to section 40-57 of the City Code. Any such member of any board of directors of any for-profit corporation shall abstain from voting, decision-making, approval, disapproval, investigation or recommendation on any matter related to his/her term of office or employment with the city as it relates to his/her responsibilities to any for-profit corporation for which he/she serves on the board of directors.

(c)

Requirement for disclosure of board service; approval/prohibition of service. Any managerial-level employee of the city who engages in service as a member on any board of directors of any for-profit or non-profit corporation, whether or not receiving compensation for such service, shall report the fact of such service, or the active consideration by the employee of acceptance of an offer of appointment to such service, as the case may be, to his or her department head or appointing authority by written declaration not less than annually. For purposes of this section, "managerial-level" employee means any city employee who has the authority to formulate management policies and practices, or who is charged with the responsibility of effectuating such management policies and practices. In examining whether service on a board of directors constitutes an activity that the department head or other authority may prohibit, the department head or authority shall be guided by the provisions of this section and section 40-59

(d)

Administrative board authority; appeals. Any employee who has been prohibited from board service pursuant to subsection (c) may appeal such decision to the administrative board by contacting the secretary to the board, the director of personnel. The administrative board shall have authority to make a final determination of whether an employee's service on a particular board of directors shall be prohibited, pursuant to such procedures as the administrative board may adopt. The decision of the administrative board shall be final and binding and not subject to the grievance procedure.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-59. - Outside activities for pay—Disclosure; authorization; compatibility.

(a)

Any officer or employee wishing to engage in an occupation or outside activity for compensation shall inform the commissioner or department head of same and provide information as to the time commitment required, the nature of the activity and such other information as the department head or commissioner may require. The commissioner or department head shall determine whether such activity is compatible with the employee's city employment.

(b)

If the commissioner or department head determines such activity is compatible with city service, s/he will authorize the activity in writing. A copy of such authorization shall be submitted to the director of personnel for the employee's personnel record.

(c)

Authorization pursuant to subsection (b) of this section shall be valid only for the activity and time period prescribed therein.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-60. - Outside activities—Determination of inconsistent activities.

In making a determination as to the consistency or inconsistency of outside activities or employment with employment in the city service, the commissioner or department head shall consider, among other pertinent factors, whether the activity:

(1)

Involves the use for private gain or advantage of city time, facilities, equipment and supplies, or the badge, uniform, prestige or influence of one's city office or employment;

(2)

Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the city for the performance of an act which the officer or employee would be required or expected to render in the regular course or hours of his or her city employment or as a part of his or her duties as a city officer or employee;

(3)

Involves the performance of an act in other than the employee's capacity as a city officer or employee which may later be subject, directly or indirectly, to the control, inspection, review, audit or enforcement by such officer or employee or the department by which s/he is employed; or

(4)

Involves conditions or factors that are likely to lessen the efficiency of the employee in his or her regular city employment, or conditions imposing a substantial risk of injury or illness to the employee.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-61. - Outside activities—Use of city equipment prohibited.

(a)

Except as authorized by the department head or commissioner, no city-owned equipment, autos, trucks, instruments, tools, supplies, machines or any other item which is the property of the city shall be used by any employee for personal use or while such employee is engaged in any outside employment or activity, whether for compensation or otherwise.

(b)

No employee shall allow any unauthorized person to rent, borrow or use any of the items mentioned in subsection (a) of this section.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-62. - Outside activities—Violations and penalties.

Any violation of the provisions of this subdivision regarding outside employment or activities and/or use of city property shall constitute sufficient grounds for disciplinary action, including immediate dismissal of the employee engaging therein from the city service.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Secs. 40-63—40-70. - Reserved.