Common use of Equalization of Overtime Clause in Contracts

Equalization of Overtime. A. The equalization of overtime for shift shortage, special events, Fire Operations Division and other overtime is an ongoing and continuous obligation. The Patrol Operations Division shift shortages, a separate Special Events/Other Overtime, and a Fire Operations Overtime list shall be maintained and available for review by officers. All refusals of overtime shall be recorded. No employee shall refuse overtime when ordered to work. B. A special event is any event other than a shift shortage or Fire Operations Division overtime. C. Overtime for legal proceedings and late calls are not to be included in the equalization of overtime. D. An employee may be asked, or allowed to work but shall not be charged a refusal of overtime or ordered for shift shortages, Fire Operations Division or special events when: 1. An employee takes that day off as a vacation day. 2. An employee takes that day off as a personal day. 3. An employee takes that day off in compensatory time. 4. An employee takes that day off as a holiday. 5. An employee trades with the book or another employee. 6. An employee takes that day off as a citation day. E. When all employees eligible for shift shortages or Special Event/Other Overtime have been offered and refused the overtime and all eligible employees have refused the overtime, part-time officers shall be offered the shift shortage before the eligible employee with the least seniority shall be ordered to work the shift. F. Equalization of overtime shortages in the Patrol Operations Division: 1. When additional officers are needed on a particular shift as determined by the Public Safety Director, officers from that shift shall be given preference. All other overtime, for example, special events, shall be offered first to the officer credited with the lowest number of overtime hours. If the low overtime officer cannot be reached by telephone or otherwise refuses, they shall be passed over and the next lowest officer in overtime hours shall be contacted. After all full- time officers have been offered and refused part-time officers shall be utilized. This procedure shall be followed until the overtime assignments have been made. In the event two (2) or more officers have the same number of overtime hours, the senior officer shall be called first. This language shall not impact previously scheduled part-time officers. 2. A supervisor may hold over the employees with the lowest seniority who are working without calling employees of the next platoon when there is less than four (4) hours’ notice. 3. An employee who refuses overtime when contacted shall be credited with number of hours worked on that occasion for the purpose of equalization of overtime. 4. A new Patrol Operations overtime list will be implemented with each new contract. 5. The supervisor requesting the employee to work overtime shall record the entries on the Patrol Operations overtime list. Entries to be recorded are: i. Date overtime was offered ii. Hours worked or refused iii. Attempts to notify iv. Supervisor hiring the overtime Attempts to notify are not to be counted as refusals; they are recorded to demonstrate that attempts were made to contact the low overtime employee first. When a hiring error occurs the remedy for the error shall be that the grieved officer be offered the next available overtime. 6. An employee transferred to, or hired into the Patrol Operations Division during the term of this contract, shall be charged with the highest number of overtime hours within the Patrol Operations Division. Upon the successful completion of the Field Training Officer Program and Fire Orientation Program, a probationary employee shall be charged with the highest number of overtime hours in the Patrol Operations Division and be placed on the overtime list. However, an employee may be called in to fill a law enforcement only staff shortage if that employee has not yet completed the Fire Orientation Program. 7. The above procedures do not apply in emergencies which require the immediate mobilization of department personnel. Emergencies may be natural or man- made situations that occur unexpectedly and demands immediate attention to prevent significant loss of life and/or property as determined by the Public Safety Director or his/her designee. 8. Employees called upon to work for one and one-half (1 ½) hours or less shall not have this overtime charged to the Patrol Operations overtime list. 9. Employees who refuse overtime due to not having at least eight (8) consecutive hours off in a twenty four (24) hour period shall not have this overtime marked as refusal. 10. When an employee is off sick, injured, on Family Medical Leave, or another leave of absence, with or without pay for a period of five (5) consecutive work days, overtime hours shall be charged to the employee on the sixth (6th) day of absence as if the employee actually worked the overtime. The overtime shall be recorded on the Patrol Operations overtime list by the supervisor. The employee will have overtime charged to him/her only when it is his/her turn to fill a shift shortage as determined by the Patrol Operations shift shortage overtime list. 11. Shift preference will be given when overtime is offered. 12. Special Duty Officers assigned to the Support Operations Division shall have the option to opt into the Patrol Operations Division overtime list. Those Special Duty Officers assigned to the Support Operations Division who choose to opt into the Patrol Operations Division overtime list may be ordered to work Patrol Operations Division overtime. Those Special Duty Officers assigned to the Support Operations Division who choose not to opt into the Patrol Operations Division overtime list may be offered overtime for the Patrol Operations Division, but may not be ordered to work unless in the event of an emergency. Community policing or School Resource Officers may be ordered in to work overtime time, provided that they do not work more than sixteen (16) consecutive hours. Bargaining unit employees assigned to VIPER/MMSSTF may be offered overtime for the Patrol Operations Division, but may not be ordered in. 13. Any employee who is a member of this bargaining unit and is able to serve in a uniformed capacity consistent with the Rules and Regulations and General orders of the department shall be eligible for special event overtime. 14. An employee assigned to the Support Operations Division may file a written request with his/her command officer requesting to eliminate his/her name from the Special Events/Other overtime list, thus eliminating them from consideration for overtime for Special Events/Other. The employee may, at any subsequent time, but in no event more than once in any twelve (12) month period, withdraw this request in writing. When an employee requests, and receives permission from the Public Safety Director or the PSD’s designee, that his/her name be placed back on the Special Events/Other overtime list, the employee will be placed on the Special Events/Other overtime list with the highest number of overtime hours within the Special Events/Other overtime list. Officers assigned to the Patrol Operations Division may not request removal from this list. Sixty days beyond the successful completion of the Field Training and Evaluation Program, probationary employees shall be charged with the highest number of overtime hours on the Special Events/Other overtime list. 15. Supervisors shall record overtime hours and refusals to work at the time the hours are offered. Adjustments to the recorded hours will not be made if an employee works less or more than the offered hours. If an employee fails to actually work the overtime after accepting the overtime hours, he/she is charged with the hours. The only exception to the above is in the circumstance that an entire event day is cancelled. (Note: Incorporates Letter of Understanding dated 9/2/04) 16. Except for extreme emergencies, no officer will be ordered to work more than 16 consecutive hours. 17. After each hiring block (up to 12 hours) overtime hours will be recalculated to determine the next available officer, which may be the same officer. This provision shall not apply to Fourth of July hiring blocks. 18. Public safety officers may be offered Fire Operations Division overtime after all IAFF Local #116 members have been offered the overtime. Public safety officers shall not be ordered to work Fire Operations Division overtime except for emergency situations as defined above. 19. In the event that a Patrol Operations Division employee’s eight (8) hour day creates overtime, that employee shall first be offered the overtime. If the employee refuses the overtime, all bargaining unit members shall be offered the overtime. If all bargaining unit members refuse the overtime, the employee whose eight (8) hour day created the overtime shall be ordered to work.

Equalization of Overtime. A. ‌ 1) The equalization District shall be the sole judge of the necessity of overtime for shift shortage, special events, Fire Operations Division and other shall attempt to equalize overtime is an ongoing and continuous obligation. The Patrol Operations Division shift shortages, a separate Special Events/Other Overtime, and a Fire Operations Overtime list shall be maintained and available for review by officers. All refusals whenever possible in order to maintain the efficiency of overtime shall be recorded. No employee shall refuse overtime when ordered to work. B. A special event is any event other than a shift shortage or Fire Operations Division overtime. C. Overtime for legal proceedings and late calls are not to be included in the equalization of overtime. D. An employee may be asked, or allowed to work but shall not be charged a refusal of overtime or ordered for shift shortages, Fire Operations Division or special events when: 1. An employee takes that day off as a vacation daywastewater treatment facilities. 2) The District shall create and maintain a District-wide overtime list to be used to obtain coverage. An employee takes that day off The list will be set by seniority and will also include the number of overtime hours worked (not to include built-in overtime for 12-hour shift staff) by each officer. The following procedures will be used to fill overtime assignments: (A) Management will make every effort to notify Officers of available overtime assignments as a personal dayfar in advance as possible. When overtime is available, the District will offer the assignment to available officers based on the following guidelines: i. Planned Overtime (greater than 36 hours in advance) - When Management is aware of the need more than thirty-six (36) hours prior to the start of the shift, the District shall offer it to all available officers. Any officer wishing to bid on the shift will have twelve (12) hours from the time the notification is sent by management to respond. 3ii. An employee takes Emergency Overtime (36 hours or less in advance) - Emergency overtime is defined as all overtime that day off in compensatory time. 4is needed for a particular shift, for which the District had knowledge of the need thirty-six (36) hours or less prior to the start of the given overtime shift. An employee takes that day off as a holiday. 5When emergency overtime becomes available, the District shall offer it to all available officers. An employee trades with the book or another employee. 6. An employee takes that day off as a citation day. E. When all employees eligible for shift shortages or Special Event/Other Overtime have been offered and refused The first Officer to respond will be awarded the overtime and all eligible employees have refused the overtime, part-time officers shall be offered the shift shortage before the eligible employee with the least seniority shall be ordered to work the shift. F. Equalization of (B) If more than one Officer responds to a planned overtime shortages in notification, then the Patrol Operations Division: 1. When additional officers are needed on a particular shift as determined by the Public Safety Director, officers from that shift shall be given preference. All other overtime, for example, special events, shall be offered first to the officer credited Officer with the lowest number amount of overtime hourshours worked (not to include built-in overtime for 12-hour shift staff) will be granted the shift. If the low overtime officer cannot be reached by telephone or otherwise refuses, they shall be passed over and the next lowest officer in overtime hours shall be contacted. After all full- time officers have been offered and refused part-time officers shall be utilized. This procedure shall be followed until the overtime assignments have been made. In the event two (2) or more officers Officers have the same number of overtime hourshours worked, seniority will govern. (C) Prior to implementation or change, the senior officer shall be called firstDistrict and the Union will meet to discuss the means of communicating the availability of overtime shifts to the Officer(s). This language shall not impact previously scheduled part-time officers. 2. A supervisor may hold over the employees with the lowest seniority who Officers are working without calling employees of the next platoon when there is less than four (4) hours’ notice. 3. An employee who refuses responsible for maintaining communication channels used to seek overtime when contacted shall be credited with number of hours worked on that occasion for the purpose of equalization of overtime. 4. A new Patrol Operations overtime list will be implemented with each new contract. 5coverage. The supervisor requesting District will not reimburse the employee for any costs related to work these communication channels. Time spent reviewing and responding to overtime shall record the entries on the Patrol Operations overtime listnotifications is not considered hours worked. Entries to be recorded are: i. Date overtime was offered ii. Hours worked or refused iii. Attempts to notify iv. Supervisor hiring the overtime Attempts to notify are not to be counted as refusals; they are recorded to demonstrate that attempts were made to contact the low overtime employee first. When a hiring error occurs the remedy for the error shall be that the grieved officer be offered the next available overtime. 6. An employee transferred to, or hired into the Patrol Operations Division during the term The District will implement Section 2 of this contractArticle no later than January 1, shall be charged with 2022. In the highest number of overtime hours within meantime, the Patrol Operations Division. Upon District will continue to maintain the successful completion of the Field Training Officer Program and Fire Orientation Program, a probationary employee shall be charged with the highest number of overtime hours in the Patrol Operations Division and be placed on the overtime list. However, an employee may be called in to fill a law enforcement only staff shortage if that employee has not yet completed the Fire Orientation Program. 7. The above procedures do not apply in emergencies which require the immediate mobilization of department personnel. Emergencies may be natural or man- made situations that occur unexpectedly and demands immediate attention to prevent significant loss of life and/or property as determined by the Public Safety Director or his/her designee. 8. Employees called upon to work for one and onecurrent District-half (1 ½) hours or less shall not have this overtime charged to the Patrol Operations wide overtime list. 9. Employees who refuse overtime due to not having at least eight (8) consecutive hours off in a twenty four (24D) hour period shall not have this overtime marked as refusal. 10. When an employee is off sick, injured, on Family Medical Leave, or another leave of absence, with or without pay for a period of five (5) consecutive work days, overtime hours shall be charged to the employee on the sixth (6th) day of absence as if the employee actually worked the overtime. The overtime shall be recorded on the Patrol Operations overtime list by the supervisor. The employee will have overtime charged to him/her only when it is his/her turn to fill a shift shortage as determined by the Patrol Operations shift shortage overtime list. 11. Shift preference will be given when overtime is offered. 12. Special Duty Officers assigned to the Support Operations Division shall have the option to opt into the Patrol Operations Division overtime list. Those Special Duty Officers assigned to the Support Operations Division who choose to opt into the Patrol Operations Division overtime list may be ordered to work Patrol Operations Division overtime. Those Special Duty Officers assigned to the Support Operations Division who choose not to opt into the Patrol Operations Division overtime list may be offered overtime for the Patrol Operations Division, but may not be ordered to work unless in the event of an emergency. Community policing or School Resource Officers may be ordered in to work overtime time, provided that they do not work more than sixteen (16) consecutive hours. Bargaining unit employees assigned to VIPER/MMSSTF may be offered overtime for the Patrol Operations Division, but may not be ordered in. 13. Any employee who is a member of this bargaining unit and is able to serve in a uniformed capacity consistent with the Rules and Regulations and General orders of the department shall be eligible for special event overtime. 14. An employee assigned to the Support Operations Division may file a written request with his/her command officer requesting to eliminate his/her name from the Special Events/Other overtime list, thus eliminating them from consideration for overtime for Special Events/Other. The employee may, at any subsequent time, but in no event more than once in any twelve (12) month period, withdraw this request in writing. When an employee requests, and receives permission from the Public Safety Director or the PSD’s designee, that his/her name be placed back on the Special Events/Other overtime list, the employee will be placed on the Special Events/Other overtime list with the highest number of overtime hours within the Special Events/Other overtime list. Officers assigned to the Patrol Operations Division may not request removal from this list. Sixty days beyond the successful completion of the Field Training and Evaluation Program, probationary employees shall be charged with the highest number of overtime hours on the Special Events/Other overtime list. 15. Supervisors shall record overtime hours and refusals to work at the time the hours are offered. Adjustments to the recorded hours will not be made if an employee works less or more than the offered hours. If an employee fails to actually work the overtime after accepting the overtime hours, he/she is charged with the hours. The only exception to the above is in the circumstance that an entire event day is cancelled. (Note: Incorporates Letter of Understanding dated 9/2/04) 16. Except for extreme emergencies, no officer will be ordered to work more than 16 consecutive hours. 17. After each hiring block (up to 12 hours) overtime hours will be recalculated to determine the next available officer, which may be the same officer. This provision shall not apply to Fourth of July hiring blocks. 18. Public safety officers may be offered Fire Operations Division overtime after all IAFF Local #116 members have been offered the overtime. Public safety officers shall not be ordered to work Fire Operations Division overtime except for emergency situations as defined above. 19. In the event that a Patrol Operations Division employee’s eight (8) hour day creates overtime, that an employee shall first be offered the overtime. If the employee refuses the overtime, all bargaining unit members shall be offered the overtime. If all bargaining unit members refuse the overtimeis inadvertently bypassed for an overtime assignment, the employee whose eight (8) hour day created the overtime shall be ordered given the opportunity to workmake up the hours. It shall be the responsibility of the affected employee to inform supervision immediately that he has been bypassed. 3) The Security Officer - Floater position will provide coverage for open shifts, up to a maximum of forty (40) hours within a week. After the fulfillment of forty (40) hours, the District will fully engage and utilize the "Equalization of Overtime" list.

Equalization of Overtime. A. Overtime will be equalized as far as practical among employees in a work area, classification and job family, The Company shall make reasonable effort to equalize overtime within designated groups insofar as practical. It is understood, however, that the requirement for overtime equalizations shall not apply during critical, special, or emergency conditions beyond the control of Management. Overtime equalization records shall be posted or openly displayed and available to all employees of the group and to their Union representative. Overtime worked in a bi-weekly period shall be recorded not later than the end of the following week. Hours will be recorded on the basis of paid hours accepted or refused. At the end of each calendar quarter, these records will be reviewed and if an employee falls forty-two (42) hours behind the employee with the greatest amount of overtime for shift shortagein group, special events, Fire Operations Division the Union and other overtime is an ongoing and continuous obligationthe Company shall meet to discuss a scheduling method to adjust the imbalance. The Patrol Operations Division shift shortagesCompany will provide as much advance notice as is reasonable possible of the requirement for overtime work. If an employee in an overtime group should decline an overtime assignment, a separate Special Events/Other Overtime, and a Fire Operations Overtime list shall be maintained and available for review by officers. All refusals the qualified employee with the lowest amount of overtime shall will be recordedassigned the work. No employee shall refuse overtime when ordered to work. B. A special event is any event other than a shift shortage or Fire Operations Division overtime. C. Overtime for legal proceedings and late calls are not to be included in the equalization of overtime. D. An employee may be asked, or allowed to work but excused for Union Business shall not be charged with overtime offered. A new employee meeting the minimum qualifications in a refusal work group will begin with the group’s number of overtime or ordered for shift shortages, Fire Operations Division or special events when: 1average hours at the time assigned to the group. An employee takes that day off as a vacation day. 2. An employee takes that day off as a personal day. 3. An employee takes that day off in compensatory time. 4. An employee takes that day off as a holiday. 5. An employee trades with the book or another employee. 6. An employee takes that day off as a citation day. E. When all employees eligible for shift shortages or Special Event/Other Overtime have been offered and refused on an authorized leave beyond ninety (90) days shall be removed from the overtime group and all eligible employees have refused assigned the overtime, part-time officers shall be offered the shift shortage before the eligible employee with the least seniority shall be ordered to work the shift. F. Equalization of overtime shortages in the Patrol Operations Division: 1. When additional officers are needed on a particular shift as determined by the Public Safety Director, officers from that shift shall be given preference. All other overtime, for example, special events, shall be offered first to the officer credited with the lowest number of overtime hours. If the low overtime officer cannot be reached by telephone or otherwise refuses, they shall be passed over and the next lowest officer in overtime hours shall be contacted. After all full- time officers have been offered and refused part-time officers shall be utilized. This procedure shall be followed until the overtime assignments have been made. In the event two (2) or more officers have the same number of overtime hours, the senior officer shall be called first. This language shall not impact previously scheduled part-time officers. 2. A supervisor may hold over the employees with the lowest seniority who are working without calling employees of the next platoon when there is less than four (4) hours’ notice. 3. An employee who refuses overtime when contacted shall be credited with group’s average number of hours worked on that occasion for the purpose of equalization of overtime. 4when returned. A new Patrol Operations overtime list will be implemented with each new contract. 5. The supervisor requesting the employee to work overtime shall record the entries on the Patrol Operations overtime list. Entries to be recorded are: i. Date overtime was offered ii. Hours worked or refused iii. Attempts to notify iv. Supervisor hiring the overtime Attempts to notify are not to be counted as refusals; they are recorded to demonstrate that attempts were made to contact the low overtime employee first. When a hiring error occurs the remedy for the error shall be that the grieved officer be offered the next available overtime. 6. An employee transferred to, or hired into the Patrol Operations Division during the term of this contract, shall be charged with the highest number of overtime hours within the Patrol Operations Division. Upon the successful completion of the Field Training Officer Program and Fire Orientation Program, a probationary employee shall be charged with the highest number of overtime hours in the Patrol Operations Division and be placed on the overtime list. However, an employee may be called in to fill a law enforcement only staff shortage if that employee has not yet completed the Fire Orientation Program. 7. The above procedures do not apply in emergencies which require the immediate mobilization of department personnel. Emergencies may be natural or man- made situations that occur unexpectedly and demands immediate attention to prevent significant loss of life and/or property as determined by the Public Safety Director or his/her designee. 8. Employees called upon to work for one and oneTwenty-half (1 ½) hours or less shall not have this overtime charged to the Patrol Operations overtime list. 9. Employees who refuse overtime due to not having at least eight (8) consecutive hours off in a twenty four (24) hour period shall hours’ notice will be given to an employee(s) or no charge will be made for refusal. Overtime, which is offered by telephone, which is refused, will be entered on the overtime record to reflect the refusal. Overtime will be charged as refusal to all employees not have this furnishing a telephone number. If overtime marked as is offered on an employee’s day off, it must be offered twenty-four (24) hours prior to the employee’s quitting time before going on break or no charge will be made for refusal. 10. When an employee overtime group is off sickestablished or re-established, injured, on Family Medical Leave, or another leave of absence, with or without pay for a period of five (5) consecutive work days, overtime hours shall the appropriate Union Representative must be charged to the employee on the sixth (6th) day of absence as if the employee actually worked the overtime. The overtime shall be recorded on the Patrol Operations overtime list notified and acknowledge notification by the supervisor. The employee will have overtime charged to him/her only when it is his/her turn to fill a shift shortage as determined by the Patrol Operations shift shortage signature. Employees shall remain on their designated overtime list. 11. Shift preference will be given when overtime is offered. 12. Special Duty Officers group until they are permanently assigned to the Support Operations Division another overtime group. An employee shall have the option to opt into the Patrol Operations Division overtime list. Those Special Duty Officers assigned to the Support Operations Division who choose to opt into the Patrol Operations Division overtime list may not normally be ordered required to work Patrol Operations Division overtime. Those Special Duty Officers assigned to the Support Operations Division who choose not to opt into the Patrol Operations Division overtime list may be offered overtime for the Patrol Operations Division, but may not be ordered to work unless in the event of an emergency. Community policing or School Resource Officers may be ordered in to work overtime time, provided that they do not work more than consecutive sixteen (16) consecutive hours. Bargaining unit employees assigned to VIPER/MMSSTF may be offered overtime for the Patrol Operations Division, but may not be ordered inhour shifts. 13. Any employee who is a member of this bargaining unit and is able to serve in a uniformed capacity consistent with the Rules and Regulations and General orders of the department shall be eligible for special event overtime. 14. An employee assigned to the Support Operations Division may file a written request with his/her command officer requesting to eliminate his/her name from the Special Events/Other overtime list, thus eliminating them from consideration for overtime for Special Events/Other. The employee may, at any subsequent time, but in no event more than once in any twelve (12) month period, withdraw this request in writing. When an employee requests, and receives permission from the Public Safety Director or the PSD’s designee, that his/her name be placed back on the Special Events/Other overtime list, the employee will be placed on the Special Events/Other overtime list with the highest number of overtime hours within the Special Events/Other overtime list. Officers assigned to the Patrol Operations Division may not request removal from this list. Sixty days beyond the successful completion of the Field Training and Evaluation Program, probationary employees shall be charged with the highest number of overtime hours on the Special Events/Other overtime list. 15. Supervisors shall record overtime hours and refusals to work at the time the hours are offered. Adjustments to the recorded hours will not be made if an employee works less or more than the offered hours. If an employee fails to actually work the overtime after accepting the overtime hours, he/she is charged with the hours. The only exception to the above is in the circumstance that an entire event day is cancelled. (Note: Incorporates Letter of Understanding dated 9/2/04) 16. Except for extreme emergencies, no officer will be ordered to work more than 16 consecutive hours. 17. After each hiring block (up to 12 hours) overtime hours will be recalculated to determine the next available officer, which may be the same officer. This provision shall not apply to Fourth of July hiring blocks. 18. Public safety officers may be offered Fire Operations Division overtime after all IAFF Local #116 members have been offered the overtime. Public safety officers shall not be ordered to work Fire Operations Division overtime except for emergency situations as defined above. 19. In the event that a Patrol Operations Division employee’s eight (8) hour day creates overtime, that employee shall first be offered the overtime. If the employee refuses the overtime, all bargaining unit members shall be offered the overtime. If all bargaining unit members refuse the overtime, the employee whose eight (8) hour day created the overtime shall be ordered to work.

Equalization of Overtime. A. Overtime will be equalized as far as practical among employees in a work area, classification and job family, The equalization of Company shall make reasonable effort to equalize overtime within designated groups insofar as practical. It is understood, however, that the requirement for shift shortageovertime equalizations shall not apply during critical, special events, Fire Operations Division and other overtime is an ongoing and continuous obligation. The Patrol Operations Division shift shortages, a separate Special Events/Other Overtime, and a Fire Operations Overtime list shall be maintained and available for review by officers. All refusals of overtime shall be recorded. No employee shall refuse overtime when ordered to work. B. A special event is any event other than a shift shortage or Fire Operations Division overtime. C. Overtime for legal proceedings and late calls are not to be included in the equalization of overtime. D. An employee may be askedspecial, or allowed to work but shall not be charged a refusal emergency conditions beyond the control of overtime or ordered for shift shortages, Fire Operations Division or special events when: 1Management. An employee takes that day off as a vacation day. 2. An employee takes that day off as a personal day. 3. An employee takes that day off in compensatory time. 4. An employee takes that day off as a holiday. 5. An employee trades with the book or another employee. 6. An employee takes that day off as a citation day. E. When all employees eligible for shift shortages or Special Event/Other Overtime have been offered and refused the overtime and all eligible employees have refused the overtime, part-time officers shall be offered the shift shortage before the eligible employee with the least seniority shall be ordered to work the shift. F. Equalization of overtime shortages in the Patrol Operations Division: 1. When additional officers are needed on a particular shift as determined by the Public Safety Director, officers from that shift shall be given preference. All other overtime, for example, special events, shall be offered first to the officer credited with the lowest number of overtime hours. If the low overtime officer cannot be reached by telephone or otherwise refuses, they shall be passed over and the next lowest officer in overtime hours shall be contacted. After all full- time officers have been offered and refused part-time officers shall be utilized. This procedure shall be followed until the overtime assignments have been made. In the event two (2) or more officers have the same number of overtime hours, the senior officer shall be called first. This language shall not impact previously scheduled part-time officers. 2. A supervisor may hold over the employees with the lowest seniority who are working without calling employees of the next platoon when there is less than four (4) hours’ notice. 3. An employee who refuses overtime when contacted shall be credited with number of hours worked on that occasion for the purpose of equalization of overtime. 4. A new Patrol Operations overtime list will be implemented with each new contract. 5. The supervisor requesting the employee to work overtime shall record the entries on the Patrol Operations overtime list. Entries to be recorded are: i. Date overtime was offered ii. Hours worked or refused iii. Attempts to notify iv. Supervisor hiring the overtime Attempts to notify are not to be counted as refusals; they are recorded to demonstrate that attempts were made to contact the low overtime employee first. When a hiring error occurs the remedy for the error shall be that the grieved officer be offered the next available overtime. 6. An employee transferred to, or hired into the Patrol Operations Division during the term of this contract, shall be charged with the highest number of overtime hours within the Patrol Operations Division. Upon the successful completion of the Field Training Officer Program and Fire Orientation Program, a probationary employee shall be charged with the highest number of overtime hours in the Patrol Operations Division and be placed on the overtime list. HoweverTo meet mission needs, an employee may be called offered overtime hours in a different classification from their normal job classification under the following conditions: a) Employees in the job classification requiring overtime have refused the offer of overtime hours; and b) Employees in another job classification possess the required skills and qualifications to fill perform the work. Overtime equalization records shall be posted or openly displayed and available to all employees of the group and to their Union representative. Overtime worked in a law enforcement only staff shortage bi-weekly period shall be recorded not later than the end of the following week. Hours will be recorded on the basis of paid hours accepted or refused. At the end of each calendar quarter, these records will be reviewed and if that an employee has not yet completed falls forty-two (42) hours behind the Fire Orientation Program. 7employee with the greatest amount of overtime in group, the Union and the Company shall meet to discuss a scheduling method to adjust the imbalance. The above procedures do not apply Company will provide as much advance notice as is reasonable of the requirement for overtime work. If an employee in emergencies which require an overtime group should decline an overtime assignment, the immediate mobilization qualified employee with the lowest amount of department personnelovertime will be assigned the work. Emergencies may be natural or man- made situations that occur unexpectedly and demands immediate attention to prevent significant loss of life and/or property as determined by the Public Safety Director or his/her designee. 8. Employees called upon to work An employee excused for one and one-half (1 ½) hours or less Union Business shall not have this be charged with overtime charged offered. A new employee meeting the minimum qualifications in a work group will begin with the group’s number of average hours at the time assigned to the Patrol Operations group. An employee on an authorized leave beyond ninety (90) days shall be removed from the overtime list. 9group and assigned the group’s average number of hours when returned. Employees who refuse overtime due to not having at least eight (8) consecutive hours off in a twenty Twenty-four (24) hour period shall hours’ notice will be given to an employee(s) or no charge will be made for refusal. Overtime, offered by telephone, with more than twenty-four (24) hours’ notice, which is refused, will be entered on the overtime record to reflect the refusal. Overtime will be charged as refusal to all employees not have this furnishing a telephone number or not responding within fifteen (15) minutes of being called to work overtime. If overtime marked as is offered on an employee’s day off, it must be offered twenty-four (24) hours prior to the employee’s quitting time before going on break or no charge will be made for refusal. 10. When an employee overtime group is off sickestablished or re-established, injured, on Family Medical Leave, or another leave of absence, with or without pay for a period of five (5) consecutive work days, overtime hours shall the appropriate Union Representative must be charged to the employee on the sixth (6th) day of absence as if the employee actually worked the overtime. The overtime shall be recorded on the Patrol Operations overtime list notified and acknowledge notification by the supervisor. The employee will have overtime charged to him/her only when it is his/her turn to fill a shift shortage as determined by the Patrol Operations shift shortage signature. Employees shall remain on their designated overtime list. 11. Shift preference will be given when overtime is offered. 12. Special Duty Officers group until they are permanently assigned to the Support Operations Division another overtime group. An employee shall have the option to opt into the Patrol Operations Division overtime list. Those Special Duty Officers assigned to the Support Operations Division who choose to opt into the Patrol Operations Division overtime list may not normally be ordered required to work Patrol Operations Division overtime. Those Special Duty Officers assigned to the Support Operations Division who choose not to opt into the Patrol Operations Division overtime list may be offered overtime for the Patrol Operations Division, but may not be ordered to work unless in the event of an emergency. Community policing or School Resource Officers may be ordered in to work overtime time, provided that they do not work more than consecutive sixteen (16) consecutive hours. Bargaining unit employees assigned to VIPER/MMSSTF may be offered overtime for the Patrol Operations Division, but may not be ordered inhour shifts. 13. Any employee who is a member of this bargaining unit and is able to serve in a uniformed capacity consistent with the Rules and Regulations and General orders of the department shall be eligible for special event overtime. 14. An employee assigned to the Support Operations Division may file a written request with his/her command officer requesting to eliminate his/her name from the Special Events/Other overtime list, thus eliminating them from consideration for overtime for Special Events/Other. The employee may, at any subsequent time, but in no event more than once in any twelve (12) month period, withdraw this request in writing. When an employee requests, and receives permission from the Public Safety Director or the PSD’s designee, that his/her name be placed back on the Special Events/Other overtime list, the employee will be placed on the Special Events/Other overtime list with the highest number of overtime hours within the Special Events/Other overtime list. Officers assigned to the Patrol Operations Division may not request removal from this list. Sixty days beyond the successful completion of the Field Training and Evaluation Program, probationary employees shall be charged with the highest number of overtime hours on the Special Events/Other overtime list. 15. Supervisors shall record overtime hours and refusals to work at the time the hours are offered. Adjustments to the recorded hours will not be made if an employee works less or more than the offered hours. If an employee fails to actually work the overtime after accepting the overtime hours, he/she is charged with the hours. The only exception to the above is in the circumstance that an entire event day is cancelled. (Note: Incorporates Letter of Understanding dated 9/2/04) 16. Except for extreme emergencies, no officer will be ordered to work more than 16 consecutive hours. 17. After each hiring block (up to 12 hours) overtime hours will be recalculated to determine the next available officer, which may be the same officer. This provision shall not apply to Fourth of July hiring blocks. 18. Public safety officers may be offered Fire Operations Division overtime after all IAFF Local #116 members have been offered the overtime. Public safety officers shall not be ordered to work Fire Operations Division overtime except for emergency situations as defined above. 19. In the event that a Patrol Operations Division employee’s eight (8) hour day creates overtime, that employee shall first be offered the overtime. If the employee refuses the overtime, all bargaining unit members shall be offered the overtime. If all bargaining unit members refuse the overtime, the employee whose eight (8) hour day created the overtime shall be ordered to work.

Equalization of Overtime. A. The equalization of overtime for shift shortage, special events, Fire Operations Division and other overtime is an ongoing and continuous obligation. The Patrol Operations Division shift shortages, shortages and a separate Special Events/Other Overtime, and a Fire Operations Overtime list shall be maintained and available for review by officers. All refusals of overtime shall be recorded. No employee shall refuse overtime when ordered to work. B. A special event is any event other than a shift shortage or Fire Operations Division overtimeshortage. C. Overtime for legal proceedings and late calls are not to be included in the equalization of overtime. D. An employee may be asked, or allowed to work but shall not be charged a refusal of overtime or ordered for shift shortages, Fire Operations Division shortages or special events when: 1. An employee takes that day off as a vacation day. 2. An employee takes that day off as a personal day. 3. An employee takes that day off in compensatory time. 4. An employee takes that day off as a holiday. 5. An employee trades with the book or another employee. 6. An employee takes that day off as a citation day. 7. An employee takes that day off as a sick day. E. When all employees eligible for shift shortages or Special Event/Other Overtime have been offered and refused the overtime and all eligible employees have refused the overtime, part-time officers shall be offered the shift shortage before the eligible employee with the least seniority shall be ordered to work the shift. F. Equalization of overtime shortages in the Patrol Operations Division: 1. When additional officers are needed on a particular shift as determined by the Public Safety Director, officers from that shift shall be given preference. All other overtime, for example, special events, shall be offered first to the officer credited with the lowest number of overtime hours. If the low overtime officer cannot be reached by telephone or otherwise refuses, they shall be passed over and the next lowest officer in overtime hours shall be contacted. After all full- full-time officers have been offered and refused part-time officers shall be utilized. This procedure shall be followed until the overtime assignments have been made. In the event two (2) or more officers have the same number of overtime hours, the senior officer shall be called first. This language shall not impact previously scheduled part-time officers. 2. A supervisor may hold over the employees with the lowest seniority who are working without calling employees of the next platoon when there is less than four (4) hours’ hours notice. 3. An employee who refuses overtime when contacted shall be credited with number of hours worked on that occasion for the purpose of equalization of overtime. 4. A new Patrol Operations overtime list will be implemented with each new contract. 5. The supervisor requesting the employee to work overtime shall record the entries on the Patrol Operations overtime list. Entries to be recorded are: i. Date overtime was offered ii. Hours worked or refused iii. Attempts to notify iv. Supervisor hiring the overtime Attempts to notify are not to be counted as refusals; they are recorded to demonstrate that attempts were made to contact the low overtime employee first. When a hiring error occurs the remedy for the error shall be that the grieved officer be offered the next available overtime. 6. An employee transferred to, or hired into the Patrol Operations Division during the term of this contract, shall be charged with the highest number of overtime hours within the Patrol Operations Division. Upon the successful completion of the Field Training Officer Program and Fire Orientation Program, a probationary employee shall be charged with the highest number of overtime hours in the Patrol Operations Division and be placed on the overtime list. However, an employee may be called in to fill a law enforcement only staff shortage if that employee has not yet completed the Fire Orientation Program. 7. The above procedures do not apply in emergencies which require the immediate mobilization of department personnel. Emergencies may be natural or man- man-made situations that occur unexpectedly and demands immediate attention to prevent significant loss of life and/or property as determined by the Public Safety Director or his/her designee. 8. Employees called upon to work for one and one-half (1 ½) hours or less shall not have this overtime charged to the Patrol Operations overtime list. 9. Employees who refuse overtime due to not having at least eight (8) consecutive hours off in a twenty four (24) hour period prior to reporting for their regular shift shall not have this overtime marked as refusal. 10. When an employee is off sick, injured, on Family Medical Leave, or another leave of absence, with or without pay for a period of five (5) consecutive work days, overtime hours shall be charged to the employee on the sixth (6th) day of absence as if the employee actually worked the overtime. The overtime shall be recorded on the Patrol Operations overtime list by the supervisor. The employee will have overtime charged to him/her only when it is his/her turn to fill a shift shortage as determined by the Patrol Operations shift shortage overtime list. 11. Shift preference will be given when overtime is offered. 12. Special Duty Officers assigned to the Support Operations Division shall have the option to opt into the Patrol Operations Division overtime list. Those Special Duty Officers assigned to the Support Operations Division who choose to opt into the Patrol Operations Division overtime list may be ordered to work Patrol Operations Division overtime. Those Special Duty Officers assigned to the Support Operations Division who choose not to opt into the Patrol Operations Division overtime list may be offered overtime for the Patrol Operations Division, but may not be ordered to work unless in the event of an emergency. Community community policing or School Resource Officers Officer may be ordered in to work overtime timeovertime, provided that they do not work more than sixteen (16) consecutive hours. Bargaining unit employees assigned to the Support Operations Division, VIPER/MMSSTF , MMCCTF, or other special “out” units may be offered overtime for the Patrol Operations Division, but may not be ordered in. 13. Any employee who is a member of this bargaining unit and is able to serve in a uniformed capacity consistent with the Rules and Regulations and General orders of the department shall be eligible for special event overtime. 14. An employee assigned to the Support Operations Division may file a written request with his/her command officer requesting to eliminate his/her name from the Special Events/Other overtime list, thus eliminating them from consideration for overtime for Special Events/Other. The employee may, at any subsequent time, but in no event more than once in any twelve (12) month period, withdraw this request in writing. When an employee requests, and receives permission from the Public Safety Director or the PSD’s designee, that his/her name be placed back on the Special Events/Other overtime list, the employee will be placed on the Special Events/Other overtime list with the highest number of overtime hours within the Special Events/Other overtime list. Officers assigned to the Patrol Operations Division may not request removal from this list. Sixty days beyond the successful completion of the Field Training and Evaluation Program, probationary employees shall be charged with the highest number of overtime hours on the Special Events/Other overtime list. 15. Supervisors shall record overtime hours and refusals to work at the time the hours are offered. Adjustments to the recorded hours will not be made if an employee works less or more than the offered hours. If an employee fails to actually work the overtime after accepting the overtime hours, he/she is charged with the hours. The only exception to the above is in the circumstance that an entire event day is cancelled. (Note: Incorporates Letter of Understanding dated 9/2/04) 16. Except for extreme emergencies, no officer will be ordered to work more than 16 consecutive hours. 17. After each hiring block (up to 12 hours) overtime hours will be recalculated to determine the next available officer, which may be the same officer. This provision shall not apply to Fourth of July hiring blocks. 18. Public safety officers may be offered Fire Operations Division overtime after all IAFF Local #116 members have been offered the overtime. Public safety officers shall not be ordered to work Fire Operations Division overtime except for emergency situations as defined above. 19. In the event that a Patrol Operations Division employee’s eight (8) hour day creates overtime, that employee shall first be offered the overtime. If the employee refuses the overtime, all bargaining unit members shall be offered the overtime. If all bargaining unit members refuse the overtime, the employee whose eight (8) hour day created the overtime shall be ordered to work.

Equalization of Overtime. A. Section 25.1. The equalization City shall be the sole judge of overtime for shift shortage, special events, Fire Operations Division and other the necessity of overtime. When overtime is required, an ongoing and continuous obligationemployee shall have the right to refuse an overtime assignment except for emergencies. For the purpose of this section, an emergency is defined as an impairment to City services or operations which cannot be delayed until the beginning of the next regular work day. When it is necessary to call in an employee to work overtime, the selection of such employee shall be made by the Department Head. Section 25.2. The Patrol Operations Division shift shortagesCity shall equalize overtime among employees within each department on a continuous basis, a separate Special Events/Other Overtime, within each classification. Employees who are offered overtime and a Fire Operations Overtime list shall be maintained and available for review by officers. All refusals of overtime shall be recorded. No employee shall any reason refuse overtime when ordered to work. B. A special event is any event other than a shift shortage or Fire Operations Division overtime. C. Overtime for legal proceedings and late calls are not to be included in the equalization of overtime. D. An employee may be asked, or allowed fail to work but shall not be charged a refusal of overtime or ordered for shift shortages, Fire Operations Division or special events when: 1. An employee takes that day off as a vacation day. 2. An employee takes that day off as a personal day. 3. An employee takes that day off in compensatory time. 4. An employee takes that day off as a holiday. 5. An employee trades with the book or another employee. 6. An employee takes that day off as a citation day. E. When all employees eligible for shift shortages or Special Event/Other Overtime have been offered and refused the overtime and all eligible employees have refused the overtime, part-time officers shall be offered the shift shortage before the eligible employee with the least seniority shall be ordered to work the shift. F. Equalization of overtime shortages in the Patrol Operations Division: 1. When additional officers are needed on a particular shift as determined by the Public Safety Director, officers from that shift shall be given preference. All other overtime, for example, special events, shall be offered first to the officer credited with the lowest number of overtime hours. If the low overtime officer cannot be reached by telephone or otherwise refuses, they shall be passed over and the next lowest officer in overtime hours shall be contacted. After all full- time officers have been offered and refused part-time officers shall be utilized. This procedure shall be followed until the overtime assignments have been made. In the event two (2) or more officers have the same number of overtime hours, the senior officer shall be called first. This language shall not impact previously scheduled part-time officers. 2. A supervisor may hold over the employees with the lowest seniority who are working without calling employees of the next platoon when there is less than four (4) hours’ notice. 3. An employee who refuses overtime when contacted shall be credited with number of hours as if they had worked on that occasion the overtime for the purpose of equalization of this section. If an employee does not personally refuse overtime. 4. A new Patrol Operations overtime list will be implemented with each new contract. 5. The supervisor requesting the employee to work overtime , then his/her name shall record the entries on the Patrol Operations overtime list. Entries to be recorded are: i. Date overtime was offered ii. Hours worked or refused iii. Attempts to notify iv. Supervisor hiring the overtime Attempts to notify are not to be counted as refusals; they are recorded to demonstrate that attempts were made to contact the low overtime employee first. When a hiring error occurs the remedy for the error shall be that the grieved officer be offered the next available overtime. 6. An employee transferred to, or hired into the Patrol Operations Division during the term of this contract, shall be charged with the highest number of overtime hours within the Patrol Operations Division. Upon the successful completion of the Field Training Officer Program and Fire Orientation Program, a probationary employee shall be charged with the highest number of overtime hours in the Patrol Operations Division and be placed remain on the overtime list. HoweverFor purposes of emergency call-outs, if an employee may cannot be called in to fill a law enforcement only staff shortage if that employee has not yet completed reached on one (1) call, the Fire Orientation Program. 7. The above procedures do not apply in emergencies which require the immediate mobilization of department personnel. Emergencies may be natural or man- made situations that occur unexpectedly and demands immediate attention to prevent significant loss of life and/or property as determined by the Public Safety Director or his/her designee. 8. Employees called upon to work for one and one-half (1 ½) hours or less shall not have this overtime charged to the Patrol Operations overtime list. 9. Employees who refuse overtime due to not having at least eight (8) consecutive hours off in a twenty four (24) hour period shall not have this overtime marked as refusal. 10. When an employee is off sick, injured, on Family Medical Leave, or another leave of absence, with or without pay for a period of five (5) consecutive work days, overtime hours call shall be charged to considered a refusal, and the employee on the sixth (6th) day of absence shall be credited as if the employee actually he had worked the overtime. The overtime shall be recorded on the Patrol Operations overtime list If failure to work is because of extenuating circumstances approved by the supervisor. The Director of Safety Service, then the employee will have overtime charged to him/her only when it is his/her turn to fill a shift shortage as determined by the Patrol Operations shift shortage overtime list. 11. Shift preference will be given when overtime is offered. 12. Special Duty Officers assigned to the Support Operations Division shall have the option to opt into the Patrol Operations Division overtime list. Those Special Duty Officers assigned to the Support Operations Division who choose to opt into the Patrol Operations Division overtime list may be ordered to work Patrol Operations Division overtime. Those Special Duty Officers assigned to the Support Operations Division who choose not to opt into the Patrol Operations Division overtime list may be offered overtime for the Patrol Operations Division, but may not be ordered to work unless in the event of an emergency. Community policing or School Resource Officers may be ordered in to work overtime time, provided that they do not work more than sixteen (16) consecutive hours. Bargaining unit employees assigned to VIPER/MMSSTF may be offered overtime for the Patrol Operations Division, but may not be ordered in. 13. Any employee who is a member of this bargaining unit and is able to serve in a uniformed capacity consistent with the Rules and Regulations and General orders of the department shall be eligible for special event overtime. 14. An employee assigned to the Support Operations Division may file a written request with his/her command officer requesting to eliminate his/her name from the Special Events/Other overtime list, thus eliminating them from consideration for overtime for Special Events/Other. The employee may, at any subsequent time, but in no event more than once in any twelve (12) month period, withdraw this request in writing. When an employee requests, and receives permission from the Public Safety Director or the PSD’s designee, that his/her name be placed back on the Special Events/Other overtime list, the employee will be placed on the Special Events/Other overtime list with the highest number of overtime hours within the Special Events/Other overtime list. Officers assigned to the Patrol Operations Division may not request removal from this list. Sixty days beyond the successful completion of the Field Training and Evaluation Program, probationary employees shall be charged with the highest number of overtime hours on the Special Events/Other overtime list. 15. Supervisors shall record overtime hours and refusals to work at the time the hours are offered. Adjustments to the recorded hours will not be made credited as if an employee works less or more than the offered hours. If an employee fails to actually work the overtime after accepting the overtime hours, he/she is charged with the hours. The only exception to the above is in the circumstance that an entire event day is cancelled. (Note: Incorporates Letter of Understanding dated 9/2/04) 16. Except for extreme emergencies, no officer will be ordered to work more than 16 consecutive hours. 17. After each hiring block (up to 12 hours) overtime hours will be recalculated to determine the next available officer, which may be the same officer. This provision shall not apply to Fourth of July hiring blocks. 18. Public safety officers may be offered Fire Operations Division overtime after all IAFF Local #116 members have been offered he had worked the overtime. Public safety officers shall not Failure to provide the Employer with a telephone number where the employee can be ordered to work Fire Operations Division overtime except for emergency situations as defined above. 19reached will relieve the Employer from their obligation under this article. In the event that a Patrol Operations Division employee’s eight sufficient number of employees are not available for overtime work within a department, qualified employees shall be offered the overtime work according to current departmental policy. Section 25.3. In the event an employee desires to waive the provisions of the above paragraph, he may do so by signing a waiver for a period of not less than thirty (8) hour day creates 30) calendar days. Section 25.4. A record of all overtime hours worked by each employee shall be recorded on a list by the City and the overtime lists shall be posted on the City bulletin boards in each department and maintained on a continuous basis. A daily record will be made of overtime worked. Errors in the assignment of overtime will be corrected by assigning the employee the next overtime opportunity. Section 25.5. If in the course of managing this article, it is determined that a grievance has occurred in regards to not being offered overtime, that employee shall first will be offered granted the overtimeopportunity to work two (2) hours of holdover overtime after a shift of the employee’s choosing within the following two weeks. Section 25.6. If the employee refuses the overtime, all bargaining unit members The following procedure shall be offered used for equalization of overtime in the overtime. If all bargaining unit members refuse the overtime, the employee whose eight (8) hour day created the overtime shall be ordered to work.Wastewater Pollution Control Plant where snow clearing is involved: