Section 2-5242.

(Ord. 2201)

2-5243 - COMPENSATION FOR OVERTIME.

Employees shall be compensated for overtime in accordance with the following:

Group 1—Department heads, assistant department heads and employees in other classes specified by resolution or order of the Board of Supervisors are excluded from cash overtime compensation but shall be compensated for overtime by compensatory time off on an hour-for-hour basis. The maximum compensatory time that can be accumulated is eighty (80) hours, and no additional compensatory time off for overtime service shall be accumulated for overtime worked until said accumulation is reduced to less than eighty (80) hours.

Group 2—Employees not included in Group 1 shall be compensated for overtime by either cash payment at the rate of one and one-half (1½) times the employee's hourly salary, or by compensatory time off at the rate of one and one-half (1½) times the overtime hours worked. Compensatory time off for overtime services may be accumulated to the following maximum number of hours:

(a)

Employees in the Airport Operations Deputy series excluding the Deputy Airport Manager-Operations: One hundred-twelve (112) hours.

(b)

All other regular employees: Eighty (80) hours.

When the above maximum accumulations have been reached, no additional compensatory time off for overtime services shall be accumulated until said accumulation is reduced below the maximum stated and any additional overtime services shall be compensated for by cash compensation at the rate prescribed in paragraph one of this subsection.

Group 3—Grant employees. Notwithstanding any other section or subsection of this Code, grant employees shall be compensated for overtime services as provided in their contracts.

(Ord. 1387; 2049; 2175; 2201; 2500; 2705; 3106)

2-5243.1 - EMERGENCY OVERTIME—GROUP 1 EMPLOYEES.

The provisions of Section 2-5243 notwithstanding, Group 1 employees who have accumulated eighty (80) hours of compensatory time and who work overtime in an emergency situation, as defined by the County Administrator, may upon request convert such overtime in excess of eighty (80) hours to sick leave in the ratio of one (1) hour of sick leave for each four (4) hours of excess overtime.

(Ord. 2175; 2705)

2-5244 - CONDITIONS GOVERNING OVERTIME COMPENSATION.

All compensation for overtime work shall be governed by the following conditions:

(a)

All overtime work must be specifically authorized by the department head or his designated representative.

(b)

Complete and accurate overtime records shall be maintained by each department.

(c)

Payment for overtime shall be separately itemized on the departmental payroll certification.

(d)

When overtime work is compensated by cash payment, the rate of payment shall be based on the rate at which the employee is currently employed.

(e)

Compensatory time accrued or used shall be reported by the department on the official reporting forms and shall then be recorded in the County's sick leave, vacation, compensatory time data system.

(Ord. 1342; 2049)

2-5245 - STANDBY PAY.

If, in the judgment of a department head, the designation of employees in a standby status is required to perform the functions of the department, the department head may, upon approval of the County Administrator, designate certain employees or employees in certain classes to be in a standby status. For the purposes of this section, an employee who is on standby status is one who must be at a location where the employee can be reached at all times and upon being called shall return to work immediately. When the employee returns to work, the employee shall be deemed to be off standby status, and the employee shall not receive standby pay for the hours the employee works, but the employee shall receive the employee's regular compensation or overtime compensation as prescribed by this Code. Notwithstanding the provisions of Sections 2-5242 and 2-5243, employees who perform standby duty shall be compensated for such standby duty hours as follows:

(a)

Employees in the Safety, Investigative and Custodial Representation Unit: $3.00 per standby duty hour or 25% of their regular hourly rate, whichever is higher.

(b)

Employees assigned to the operating room at San Joaquin General Hospital: one-third (⅓) of their regular hourly rate.

(c)

All other employees: 25% of their regular hourly rate.

(Ord. 1387; 2049; 2058; 2175; 2705; 3106)

2-5245.1 - CALL-BACK OVERTIME.

Call-back overtime shall mean overtime required of an employee who, following completion of the employee's assigned work day, is notified to report back to duty. An employee who performs call-back

overtime shall receive credit for the actual time worked, but not less than three (3) hours credit each time the employee is called back; and the employee shall be compensated for such services as provided in Section 2-5243. Contiguous overtime, or overtime assigned to be worked within one (1) hour after the conclusion of the regular work shift, or overtime assigned by the department head which is performed at a time convenient to the employee, shall be excluded from the three (3) hour minimum provision unless such overtime is performed on a regular day off. This section shall not apply to temporary employees.

(Ord. 2049; 2175; 2705; 3106)

2-5246 - TERMINATION.

Notwithstanding the provisions of Section 2-5243, any employee, with the exception of the County Administrator, who resigns or is terminated for any reason, shall receive a lump sum payment for all uncompensated overtime not in excess of 80 hours.

(Ord. 1342; 1719; 2058)

2-5247 - JURY AND WITNESS DUTY.

All regular employees and temporary employees in Registered Nurse classifications who shall be summoned for attendance to any court for jury duty shall be deemed to be on duty and there shall be no loss of salary, but any jury fees received by the employee shall be paid into the County Treasury. Any employee who shall be called as a witness in a case arising out of and in the course of the employee's County employment shall be deemed to be on duty and there shall be no loss of salary, but any witness fees received by the employee shall be paid to the County Treasury, together with any mileage allowed if the employee shall use County transportation. Should an employee be called as a witness in a case arising out of and in the course of the employee's County employment on a day on which the employee normally would not be working, the employee shall be deemed to be on duty and shall be compensated for overtime as provided in Sections 2- 5243 and 2-5245.1. In case of a Deputy Sheriff testifying as a witness in a civil case, the Deputy Sheriff shall be compensated in accordance with Section 68097.1 et seq. of the Government Code. Any employee absent from duty to be a witness in any other matter shall be deemed off duty during such absence.

(Ord. 1284; 2175; 2705; 3106)

2-5248 - MILEAGE OF COUNTY OFFICERS AND EMPLOYEES.

Except where otherwise provided herein, the Board shall by resolution provide for mileage and travel allowances for County officers and employees.

(Ord. 1284)

2-5249 - Repealed by Ordinance No. 2297. 2-5250 - OTHER ADDITIONAL COMPENSATION.

Additional compensation may be established by order or resolution of the Board under such terms and conditions as order or resolution of the Board may specify, for unusual, hazardous, or unpleasant duty including, but not restricted to, the following:

(a)

Contagion Duty

(b)

Night Duty

(c)

Split Shift Duty

(d)

Standby Duty

(e)

Uniform Allowance

(f)

Crematory Duty.

(Ord. 1284; 2250)

2-5251 - Repealed by Ordinance No. 2297. 2-5252 - ADMINISTRATIVE LEAVE.

Until July 1, 1984, employees in the Registered Nurse series shall be allowed two days of administrative leave with pay per fiscal year to be scheduled during low patient census times as determined by hospital administration.

Beginning on July 1, 1984, employees in the Registered Nurse series shall be credited with sixteen (16) hours of administrative leave with pay per fiscal year as of July 1 of such fiscal year. If such leave is not used before July 1 of the succeeding fiscal year, such leave is forfeited. Each such employee who leaves before the end of a fiscal year shall be paid off for the balance of any such leave not taken.

All administrative leave accumulated by each such employee as of January 1, 1984, shall be paid off down to sixteen (16) hours. The remaining sixteen (16) hours shall be used before July 1, 1984.

Such administrative leave shall be scheduled during low patient census times as determined by San Joaquin General Hospital administration or on a date agreed to by such employee and such administration.

(Ord. 2296; 2705; 3106)

2-5253 - ADMINISTRATIVE LEAVE.

Until July 1, 1984, Licensed Vocational Nurses and Psychiatric Technicians shall be allowed one day of administrative leave with pay per fiscal year to be taken on a date agreed to by such employee and the hospital administration.

Beginning on July 1, 1984, employees in the classifications of Licensed Vocational Nurse, Sr. Licensed Vocational Nurse, Mental Health Technician, Orthopedic Technician and Operating Room Technician shall be credited with eight (8) hours of administrative leave with pay per fiscal year as of July 1 of such fiscal year. If such leave is not used before July 1 of the succeeding fiscal year, such leave is forfeited. Each such employee who leaves before the end of a fiscal year shall be paid off for the balance of any such leave not taken.

All administrative leave accumulated by each such employee as of January 1, 1984, shall be paid off down to eight (8) hours. The remaining eight (8) hours shall be used before July 1, 1984.

Such administrative leave shall be scheduled during low patient census times as determined by San Joaquin General Hospital administration or on a date agreed to by such employee and such administration.

(Ord. 2430; 2705; 3106)

2-5254 - EMPLOYEE POLL WORKER PROGRAM LEAVE.

(a)

Definition. Employee Poll Worker Program Leave is a paid absence from duty as a County employee to serve as a volunteer poll worker in a San Joaquin County polling place when Election Day falls on the employee's regularly scheduled work day and under other specified conditions as outlined below.

(b)

Eligibility. Any regular County employee, other than an employee assigned to the Registrar of Voters, may apply for paid leave from County employment to serve as a volunteer poll worker. Such paid leave is subject to:

(1)

Approval by the employee's department head;

(2)

Selection as being qualified by the San Joaquin County Registrar of Voters;

(3)

Satisfactory completion of required poll worker training on the employee's own time. Any employee attending training during his/her regularly scheduled work hours must request in writing to his/her department head for approval to use unpaid or paid leave to attend such training; and

(4)

The employee fully executes his/her responsibilities as a poll worker, including reporting to his/her assigned polling place at the designated time, performing all duties appointed by the County Elections official and as required by applicable State and Federal election laws, and remaining on duty until the poll is properly closed and secured and released by the County Elections official.

(c)

Stipend Payment.

(1)

Any employee eligible and selected to serve as a voluntary poll worker shall be paid an expense allowance/nominal fee as set forth below based upon his/her assignment and as an incentive to serve in that capacity.

(2)

Expense allowances/nominal fees shall be paid as follows:

Election Day for Field Inspector/Tech Support

Election Day for Precinct Inspector

Election Day for Precinct Clerk

Election Day for Precinct Interpreter

(3)

The expense allowance/nominal fee shall not be counted in any computation of the total wages or compensation paid to the employee for his/her regular employment with the County.

(d)

Overtime. Any employee who volunteers for this paid leave is ineligible for overtime compensation because the work is voluntary, occasional and sporadic and in a different capacity from the regularly assigned job duties of his/her job classifications pursuant to the provisions of the Fair Labor Standards Act (FLSA).

(e)

Compensation. Employee Poll Worker Program Leave compensation shall consist of one (1) day of full pay for each Election Day. There may be more than one Election Day designated each year. Any employee who applies for Employee Poll Worker Program Leave shall be required to apply separately for each designated Election Day.

(Ord. 4302 § 1, 2006)