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City of Kirkwood, MO
St. Louis County
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[Ord. No. 10516, 9-20-2018; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
(All City employees except Fire and Police Department Personnel, unless otherwise indicated.)
a. 
Applicability. Unless exempt under wage and hour laws, all employees will be compensated at the rate of 1 1/2 times the number of hours actually worked in excess of 40 per week. Approved accrued comp time use and paid vacation leave, paid holiday leave and paid funeral leave will be considered hours worked for purposes of overtime compensation. Other hours worked beyond those regularly scheduled may be paid at an overtime rate as determined by City policy as recommended by the Chief Administrative Officer and approved by the City Council. Any such overtime payments in excess of those required by law may be discontinued at any time at the discretion of the City Council.
b. 
Compensation on Sunday. Compensation for work on a Sunday, unless the Sunday is part of the employee's scheduled work week, shall be paid at the rate of two times the employee's hourly rate.
c. 
Compensation on Designated Holidays. Employees scheduled to work on a designated holiday shall be paid at straight time for all hours worked during their regularly scheduled shift on that holiday and shall also receive holiday pay which is equivalent to the standard rate of pay for one single shift of work.
Work beyond the normally scheduled shift on a holiday shall be compensated at the rate of 1 1/2 times the employee's hourly rate. Employees who are not scheduled to work a designated City holiday and are called to work on that holiday, shall be paid at the rate of 1 1/2 times the employee's hourly rate for all hours worked. Such compensation shall be in addition to regular pay received for the holiday.
d. 
Call-Outs. If an employee is called to work outside of a normally scheduled workday, or is called back to work after having completed a regularly scheduled work day, the minimum time for which compensation will be made will be two hours. Subject to written approval from the Chief Administrative Officer of the City, any Department Head of the City may adopt particular call-out policies and procedures within a City Department, including but not limited to scheduling, compensation for driving time for call-outs and paid or unpaid meal periods during call-outs, so long as any such Department call-out policies and procedures do not conflict with any specific provisions of these Personnel Rules and Regulations.
e. 
Compensatory Time. (Applicable to all City employees, including Fire and Police Department Personnel). At the discretion of the Department Head, compensatory time ("comp time") may be earned and used in lieu of overtime pay. In such circumstances, comp time shall be earned at the rate of 1 1/2 hours for each hour of overtime worked, except that for overtime worked on a Sunday it shall be earned at the rate of two times. The Department Head shall have authority to limit the maximum accrual of comp time; provided, however, no employee shall be permitted to accrue more than 80 hours of comp time, except that law enforcement and fire protection personnel shall not be permitted to accrue more than 120 hours of comp time. Approved accrued compensatory time used shall count as "hours worked" for purposes of any overtime calculation.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a. 
Work Week. Unless otherwise designated in writing, the work week of the Fire Department for ranks below Assistant Chief/Fire Marshal and Deputy Chief/CMO (Chief Medical Officer) shall be 56 hours per week averaged over a 28-day work cycle. Hourly rates of pay shall be calculated based upon a 56-hour week.
b. 
Holiday Pay. Fire personnel shall be paid for each City holiday occurring during the course of their employment. Holiday pay shall be equal to 12.0 hours at the regular hourly rate of pay. This pay shall be in addition to regular pay.
c. 
Call-In. The calculation of rate of pay for those employees working the call-in period shall be determined in accordance with actual hours worked during the work period. Those employees whose actual hours worked do not exceed the regularly scheduled hours shall be entitled to straight time pay. For those hours actually worked in excess of the regularly scheduled hours, the employees shall be entitled to 1 1/2 times their hourly rate of pay.
d. 
Hours worked in excess of Regular Tour of Duty. All continuous hours worked in excess of the normal 48-hour tour of duty (or any change to the hours constituting the normal tour of duty) shall be paid at the rate of 1 1/2 times the regular hourly rate.
e. 
Sick Leave/Vacation Bonus. Fire personnel scheduled in accordance with the 28-day work cycle shall accrue and use sick leave in accordance with City policy and practice. Provided, however, an employee that does not utilize sick leave during the calendar year will be given one additional 24 hour shift of vacation time the following January 1st. This bonus vacation day is earned annually and must be re-earned each calendar year.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a. 
The work period (or "work cycle") for law enforcement personnel shall be established by the Chief of Police within the parameters and limits allowed under the Federal Fair Labor Standards Act and any applicable Missouri Statutory provisions governing work cycles for law enforcement personnel. Effective January 1, 2018, the work cycles for commissioned law enforcement personnel include work cycles of 15 days, 14 days and seven days depending upon the division assignment within the Police Department, such as a 14-day work cycle for the patrol division, 7-day work cycle for the investigative division and a 15-day work cycle for the traffic unit division. The Chief of Police shall review any work cycle modifications with the Chief Administrative Officer prior to implementing any work cycle changes for commissioned law enforcement personnel subject to a rotating work schedule. Non-commissioned personnel of the Police Department, such as dispatchers, shall be subject to the standard 7-day work week of the City.
b. 
Commissioned law enforcement personnel subject to a rotating work schedule and work cycle of 14 days shall accrue compensatory time ("comp time") for the first four hours worked beyond 80 during each 14-day work cycle. For any hours worked beyond 84 during any 14-day work cycle, such law enforcement personnel will receive payment of overtime at 1 1/2 times the regular rate of pay for 1/2 of the hours over 84 and accrual of comp time at the rate of 1.5 hours for the other 1/2 amount of hours worked over 84 or, at the choice of the individual law enforcement officer, accrual of comp time at 1.5 times all hours worked over 84 (subject to a cumulative comp time maximum of 120 hours). Commissioned law enforcement personnel subject to a rotating work schedule and work cycle of 15 days will receive payment of overtime at 1 1/2 times the regular rate of pay for 1/2 of the hours over 85 and accrual of comp time at the rate of 1.5 hours for the other 1/2 amount of hours worked over 85 or, at the choice of the individual law enforcement officer, accrual of comp time at 1.5 times all hours worked over 85, subject to a cumulative comp time maximum of 120 hours. Law enforcement personnel of the Police Department with a 7-day work cycle shall be paid overtime or accrue comp time after working any hours beyond 40 during a 7-day work cycle, at the rate of 1.5 times the regular rate of compensation or comp time accrual at 1.5 times all hours worked over 40 during such 7-day work cycle.
c. 
Approved accrued comp time use, paid vacation leave, paid funeral leave, authorized City holidays and any paid leave days in lieu of holiday leave shall be considered "hours worked" for purposes of any overtime calculation. Hours worked on a Sunday, unless the Sunday is part of the employee's scheduled work week or work cycle, shall be paid at the rate of two times the employee's regular or hourly rate. Employees scheduled to work on a designated or authorized City holiday, other than commissioned law enforcement officers subject to a rotating work schedule, shall be paid at straight time for hours worked during their regularly scheduled shift on that holiday and shall also receive holiday pay which is equivalent to the regular rate of pay for eight hours of work. Hours of work on a scheduled day off (other than Sunday) or beyond the normally scheduled shift on a holiday shall be compensated at the rate of 1 1/2 times the employee's regular, hourly rate. Employees who are not scheduled to work on a designated or authorized City holiday and are called to work on that holiday, shall be paid at the rate of 1 1/2 times the employee's regular, hourly rate for all hours worked. Such overtime compensation shall be in addition to regular pay received for that holiday. If an employee is called to work outside of a normally scheduled work day, or is called back to work after having completed a regularly scheduled work day, the minimum time for which compensation will be made will be three hours.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
In the event police or fire personnel substitute with another employee, the "traded time" will be deemed to have no effect on hours of work of the substituting employee and shall be credited to the employee who was originally scheduled to work, if the following criteria is met:
(i) 
The trading of time is done voluntarily by the employees participating in the program and not at the behest of the employer; and
(ii) 
The reason for trading time is due, not to the employer's business operations, but to the employee's desire or need to tend to personal matters; and
(iii) 
A record is maintained by the Department Head of all time traded by his or her employees; and
(iv) 
The period during which the time is traded and paid back does not exceed 12 months.
[Ord. No. 10516, 9-20-2018; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
For any temporary assignment of job duties or job position within a department, an employee may be compensated at a rate of pay other than the employee's regular rate of pay while performing such a temporary assignment. Any such pay differential shall be consistent with the temporary job duties performed and shall be paid at the discretion of the Department Head, subject to written approval by the Chief Administrative Officer.