Agenda - 01-15-2008-4r - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 15, 2008 Action Agenda Item No. ~-- - f SUBJECT: Amendments and Revision of the Orange County Personnel Ordinance: Article I, Section 6.0 and 7.0, and Article III, Section 3.0 DEPARTMENT: Personnel PUBLIC HEARING: (Y/N) No ATTACHMENT(S): (1) Revised Article 1, Section 6.0 and 7.0 (2) Current Article III, Section 3.0 (3) Administrative Rules and Regulations INFORMATION CONTACT: Annette Moore, Policy and Compliance Officer, 919-245-2317 Michael McGinnis, Human Resource Director (919) 245-2552 PURPOSE: To adopt an amendment to Article I, Sections 6.0 and 7.0; revise Article III, Section 3.0 and repeal the current Article III, Section 3.0; and to review the Administrative Rules and Regulations for Overtime Compensation. BACKGROUND: The Board requested that Staff review the Overtime Compensation section of the Orange County Personnel Ordinance to ensure that the County was complying with federal and state laws regarding overtime compensation. A review was conducted of both the Personnel Ordinance and how the County was complying with the provisions of the Ordinance. Staff met with several large departments and departments that use overtime compensation on a regular basis. The feedback from those meetings showed that the language in the Personnel Ordinance was not specific enough to provide the clear guidance needed by staff to ensure that they were complying with the Fair Labor Standards Act. Based on the feedback from those meetings, staff proposes the following: (1) amend Article I, Sections 6.0 and 7.0 of the Orange County Personnel Ordinance (see Attachment 1, Amendment to Article I, Sections 6.0 and 7.0) to allow the County Manager to create administrative rules and regulations to carry out the provisions of the Personnel Ordinance; (2) that the manager create such administrative rules and regulations to provide further guidance to both employees and supervisors on their responsibilities under the Personnel Ordinance; and (3) comprehensively revise Article III, Section 3:0 Overtime Compensation of the Personnel Ordinance (see Attachment 2, Current Article III, Section 3.0) as follows: In accordance with the provisions of the Fair Labor Standards Act of 1938, as amended (hereinafter referred to as "ELBA"), and its implementing regulations, any employee, not exempt, authorized to work in excess of the established forty hour workweek shall be compensated either with time off or pay for the actual hours worked in excess of the forty hour workweek at a rate of one and one-half times the hours actually worked or one and one-half times their regular rate of pay.