Alhambra Municipal Code Ch. 2.50 Regular Periods of Employment

Section

Statutory reference:

For provisions concerning working hours, see Cal. Lab. Code § 510 et seq.

For provisions concerning the applicability of these standards to cities, see Cal. Lab. Code § 555

(A) The City Council hereby declares that it intends to comply fully with the Federal “Fair Labor Standards Act” (FLSA) as the same may be amended from time to time.

(B) The City Manager shall designate those employee position classifications which are specifi-cally exempted from the provisions of the Fair Labor Standards Act.

('86 Code, § 2.50.010) (Ord. 4007, passed - - )

Pursuant to the Fair Labor Standards Act and except as provided in § 2.50.010(B) of this code, or as otherwise provided in any applicable resolution, agreement, or memorandum of understanding approved by the City Council, the standard period of work for city employees shall be as follows:

(A) Nonsafety personnel.

(1) The standard work period for each nonsafety city employee shall consist of seven days in each week for a total of not to exceed 40 hours of actual work, plus the employee's meal periods during each such work week; provided, however, that any head of a department under whose supervision labor is performed may, when public necessity demands, require any of his or her subordinates to work more than a standard work period in any week.

(2) The work period for all such employees who work a Monday through Sunday work week shall commence at one minute after 12:00 a.m. on Monday of each week. All such employees working a “9/80” schedule, each two weeks (14 days), shall have two sets of two consecutive days off. Each of these sets shall have five days between them. Each of the employees on the “9/80” schedule shall work eight 9-hour days and one 8-hour day. The employee shall then have the remaining day of the fourteen days off. The eight hour day worked and the remaining day off shall be on the same day of the week, one week apart. The work period for all employees working a “9/80” work schedule shall commence on one minute after the midpoint of the employee's work day on the eight-hour day worked. The work period for all other employees shall commence on one minute after 12:00 a.m. on Thursday of each week.

(B) Fire safety employees. The work period for fire suppression personnel shall be 24 consecutive days. The standard number of hours worked in each work period by fire suppression personnel shall be 192 hours under a 3 platoon, 24-hour shift schedule.

(C) Police safety employees. The standard work period for uniformed police officers shall be 28 consecutive days during which the employee's tours of duty do not exceed in the aggregate 171 hours. The weekly tour of duty for each such designated uniformed police officer shall be 12 hours and 30 minutes a day, including the meal period and briefing time, for three days in each week, a total of 37½ hours. The tour of duty for the 28 day work period shall be 150 hours. If the uniformed officer works in excess of the work period, but not more than 160, the officer shall be paid at a straight time rate for those hours worked. Time worked over 160 hours in the work period shall be calculated at the overtime rate. In the event an officer does not work or is not assigned any additional hours beyond the 150 hour tour of duty for the work period, the officer shall have ten hours of leave time deducted from his or her leave time account. Any leave time which has been accrued to the employee, with the exception of sick leave, shall be available for such use by the employee. The standard work period for designated plainclothes police officers shall be 28 consecutive days during which the employee's tour of duty shall not exceed in the aggregate 171 hours. The weekly tour of duty for each such plainclothes police officer shall be ten hours a day, including the meal period and briefing time, for four days a week, a total of 40 hours.

(D) City's reservation of right to change work schedules or periods. Except as required under the provisions of Cal. Gov't Code §§ 3500 to 3510, and/or the Fair Labor Standards Act, the city reserves the right to regulate and/or change the designation of the specific hours or days to be worked by any employee, and no such change in the scheduling of days or hours worked shall be deemed to constitute overtime, provided the total number of hours and days does not exceed those specified as constituting the standard work year, work period, work week and workday hereunder.

(‘86 Code, § 2.50.020) (Ord. 4007, passed - - ; Am. Ord. 4049, passed - - ; Am. Ord. 4263, passed 1-24-94; Am. Ord. 4270, passed 4-11-94; Am. Ord. 4326, passed 7-28-97; Am. Ord. 4327, passed 8-11-97; Am. Ord. 4659, passed 7-28-14; Am. Ord. 4757, passed 9-23-19)

Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of employees which shall be reported in the manner and at the times specified as required by this code, by resolution or by the City Manager. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be deemed to be a resignation and shall result in automatic termination of employ-ment. The employee shall be deemed to have waived all rights under civil service or other personnel rules of the city.

('86 Code, § 2.50.030) (Ord. 4007, passed - - )

(A) The City Council does find, determine and declare as follows:

(1) The city is a Charter City lawfully formed pursuant to the California Constitution, incorporated in 1903.

(2) The City Charter, adopted in 1915, governs the conduct of the government within the city limits, including the conduct of elections. § 103 provides that elections for all purposes within the city are of three types: general municipal elections, special elections and primary nominating elections.

(3) § 105 provides that "Special elections shall be held for such municipal purposes and at such times as the council may determine, or at such times as are elsewhere provided in this charter..."

(4) § 61.4 vests the authority in the City Council to "provide for the holding of municipal elections, give notice thereof, establish and alter election precincts, as provided in this charter, and appoint necessary election officers."

(5) The City Charter also governs elections of the city school district and the city high school district. § 84 of the charter provides that "All territory included in the limits of the city school district and the city high school district or that may hereafter be included within such limits shall be deemed a part of said city for the purpose of holding the general municipal elections, and shall constitute one or more separate election precincts and the qualified elector therein shall vote only for members of the board of education and on questions pertaining to school matters submitted to a vote at special or general elections, and in all matters connected with

the administration or support of the public schools, said outside territory shall be deemed a part of said city."

(6) California Education Code §§ 5301 and 15120 recognize that the provisions of a city charter pertaining to the conduct of school district elections govern the conduct of school district elections.

(7) § 116 of the charter "The conduct and carrying on of all city elections shall be under the control of the council, and it shall, by ordinance, provide for he holding of such elections, and may district and subdivide the city and any portion of the school district outside of the city, when participating therein, into municipal election precincts for the holding of municipal elections, and change and alter such precincts and redistrict the city and such outside portion of the school district for such elections as often as occasion may require, but no such precinct in the city shall include within its boundaries portions of two districts of the city or any portion of the school district outside of the city. Unless the boundaries of the precincts shall be established, altered or changed as herein provided, they shall remain as fixed by the board of supervisors of the county for the registration of electors beginning in January of the last even numbered years preceding."

(8) § 106 of the City Charter provides that where the charter is silent with respect to elections procedures, the general procedural election laws of the State of California shall govern the election procedures.

(9) All elections within the city, including the city school district and the city high school district elections, since 1915 have been conducted by the city, pursuant to the provisions of the City Charter.

(10) An ordinance setting forth the procedure for the conduct of elections pertaining to the city school district and the city high school district elections is needed to clarify the interaction between the School Board and the City Council with respect to elections.

(11) The City Council has determined that the public health, safety and welfare requires the adoption of this section, clarifying the conduct of elections within the city.

(B) Based upon the provisions of the City Charter, as referenced above, and the city's constitutional authority to legislate over municipal affairs, the City Council has the responsibility for calling and conducting all elections in the city, including elections pertaining to matters of the city school district or the city high school district.

(C) At the request of the city school district or the city high school district, which request shall be in the form of a resolution or ordinance of the School Board, the City Council shall call and conduct an election on any matter which the School Board wished to submit to the voters. The election shall be conducted pursuant to the provisions of the City Charter, and applicable procedural state law where the charter is silent, including, but not limited to, any such election of the city school district or the city high school district shall be borne by the district requesting the election.

(D) All special elections in the city may be held no sooner than 88 days after the calling of such election by the City Council, whether such elections be city, city school district or city high school district elections, pursuant to the provisions of the charter and the California Elections Code, incorporated therein. Any request for a special election by the city school district or the city high school district may request that such election be held on a specific date; provided such date is a Tuesday. The request for calling of such election must be provided to the City Council no later than two weeks prior to the date that such election must be called to permit the City Council to agendize the calling of such election as required by the Brown Act. Based upon the time reasonably necessary to prepare and print election materials, the City Clerk, as elections official, shall fix and determine a submission schedule for materials to be included in the ballot pamphlet and sample ballots, including, but not limited to, arguments, rebuttals, impartial analysis, and bond measures related tax rate measures (where applicable).

(Ord. 4350, passed 1-25-99, Am. Ord. 4351, passed 2-8-99)