4.020 - Reporting and Recording Overtime/Out of Classification Pay

Effective Date: 05/01/2017

4.020-POL-1 – Civilians, Officers, Detectives, Sergeants & Lieutenants

This policy applies to civilians, officers, detectives, sergeants and lieutenants requesting, recording or approving overtime or out-of-classification pay.

1. City Personnel Rules and Collective Bargaining Agreements (CBAs) Determine Overtime and Out-of-Classification Pay

Personnel Rule 3.5 – Out-of-Class Assignments

Personnel Rule 3.6 – Overtime Compensation

Collective Bargaining Agreements

If there are conflicts between this manual section or the City personnel rules and a CBA, the CBA prevails.

Temporary employees and non-represented employees will refer to the City personnel rules for definitions and compensation rates.

2. Employees Require Pre-Approval from a Supervisor to Work Overtime

Only a supervisor shall authorize employees to work beyond their regular shift. 

Exception:  Employees do not need pre-approval from a supervisor to appear in court in response to a subpoena.  (See paragraph 10{a} below.)

Exception:  Employees who are actively participating in a major incident may work beyond their regular shift without authorization until such time as it is feasible to obtain authorization.  The supervisor will grant authorization for the overtime already worked and then will determine whether to authorize additional overtime. 

Individuals may not authorize their own overtime. Employees who work overtime without authorization may be subject to disciplinary action.

3. Employee Work-Hour Maximums

No employee may work more than 90 hours in one week, from 0300 hours on Saturday until 0300 hours the following Saturday. These hours include all hours worked (i.e. regularly scheduled shifts, overtime, court time, paid details, compensatory time, secondary employment). Any shift missed due to illness or injury, suspension or administrative leave shall also be included in the calculation of the total of hours worked for the week.

Exceptions to these limitations on maximum hours worked may be made only in the interest of public safety, court appearances, and mandatory overtime. These exceptions must be pre-approved by a captain or civilian equivalent or higher-ranking individual.

4. Supervisor Responsibilities for Monitoring Overtime Use

It is the responsibility of all supervisors to ensure that staff operates in a manner that minimizes the need for overtime.

Supervisors will ensure that all overtime is authorized in advance and that the work done on overtime is necessary to the mission of the Department, consistent with this policy.

Supervisors shall ensure that overtime requests are completed in accordance with the procedures established in this policy and that the appropriate reason for the overtime is recorded on the documentation.

As feasible, supervisors shall ensure that individuals do not work in excess of the maximum allowable overtime hours as established by paragraph 3 of this policy or the appropriate collective bargaining agreement.

5. Lieutenant/Manager Responsibilities for Monitoring Overtime Use

Lieutenants and managers shall review the overtime of their respective sections and ensure that overtime use complies with the policies and mission of the Department. This includes the review of overtime reports by unit, reason for the overtime, and individuals’ amount of overtime worked for a period of time.

6. Employees Are Compensated for Authorized Overtime Worked

7. Employees On Sick Leave, Military Leave, Disciplinary Suspension, or Limited Duty Will Not Work Department Overtime

8. Employees Will Not Use Discretionary Time Off to Work Department Overtime

Exception: SPOG members will follow their current CBA where it conflicts with this policy.

9. A Bureau Chief Approves Altering Regular Shift Hours to Work Department Overtime

The employee’s bureau chief, through the chain of command, will approve/deny the employee’s request to alter their shift to work a Department overtime event.

10. Employees Report Overtime Worked On the Appropriate Form

Employees will submit requests for overtime to their sergeant/supervisor using the appropriate form:

- Overtime Request – Regular Duty/Out-of-Class (form 1.33A) for overtime worked in a situation not covered below.

- Court Overtime Request (form 1.33B) for court   appearances. 

- Event Overtime Summary (form 15.6) for pre-planned events, major incidents and extra-duty events.

Absent exigent circumstances, employees are required to submit requests for overtime during the pay period in which the hours were worked.

Employees who appear in court on overtime will obtain the bailiff’s or prosecutor’s signature on the Overtime Request – Court (form 1.33B.)

Exception:  Employees participating in a telephonic hearing will attach their subpoena to the Overtime Request.

See 5.190-Court Appearances and Legal Proceedings

11. Sergeants/Supervisors Enter Overtime Within the Pay Period it is Earned

a. Overtime Request Forms

Upon approving an overtime request, the employee’s direct sergeant/supervisor will enter the overtime onto the employee’s electronic timesheet and check the “entered electronically” box on the form. The sergeant/supervisor will then submit the form to the chain of command.

When employees work an overtime detail for another unit to which they are not regularly assigned, that unit’s commander may allow the overtime to be entered directly onto the employees’ timesheet.  In this case, the commander must communicate this to the employees’ direct sergeant/supervisor.  The overtime request will still require approval through the chain of command of where the overtime was actually worked.

b. Event Overtime Summary Forms

Sergeants/supervisors will record a combination of employee regular work time and overtime on the Event Overtime Summary.

Sergeants/supervisors will send the completed Event Overtime Summary to:

- SPOC for special events (exception: Traffic Unit and Parking enforcement)

- Payroll Unit for all other events

Because timesheets will already have been processed, sergeants/supervisors will not enter overtime on the electronic timesheet for overtime earned in a previous pay period. Sergeant’s/supervisors will submit forms that include overtime worked in a previous pay period to the Payroll Unit via the chain of command.  The Payroll Unit will handle the timesheet entry.

12. Sworn Employees May Request Overtime for Taking Law Enforcement Action Off-Duty

See 5.120-Secondary Employment

13. Overtime is Paid as Wages or Compensatory Time Off (Comp Time)

Maximum comp time accrual is established in collective bargaining agreements.

14. Off-Duty Standby Pay is Authorized by a Captain

Employees must get approval from a captain to work off-duty standby.

15. Employees Are Compensated When Working Out-of-Classification

Employees may refer to Personnel Rule 3.5 – Out-of-Class Assignments and their Collective Bargaining Agreements for definitions and application for working out-of-classification.

Sworn employees will receive out-of-classification pay when assigned to perform all of the duties of a higher paying classification for any amount of time.

16. An Out-of-Classification Assignment Requires Approval from a Precinct/Section Captain, Director or Manager

Captains, directors and managers, or their designees, will screen and approve personnel for out-of- classification assignments.

Non-sworn employees will get approval from Human Resources prior to an out-of-classification assignment.

Captains or their designees will send an email to the Payroll supervisor listing sworn employees working out-of-classification assignments to set up out-of-classification codes on the electronic timesheet.

17. Officers Assigned as Acting Sergeants Receive Training

Captains will send officers to Department sergeant training for acting sergeant assignments over 60 consecutive days.

Captains will send officers to Department sergeant training prior to, or within 90 days of the start of the acting sergeant assignment lasting over 60 days.

18. Captains Retain Copies of Signed Overtime Forms for all Section and Precinct Personnel

19. Captains are Responsible to Ensure that Supervisors Approve Their Direct Reports’ Timesheets

4.020-POL-2 – Captains

1. Captains Shall Log Overtime Worked on Their Timesheets for Later Use as Flex Time