HomeMy WebLinkAboutCC RES 24-35DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262
RESOLUTION NO. 24-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
PROVIDING FOR ADDITIONAL COMPENSATION FOR EXEMPT
EMPLOYEES IN EXTRAORDINARY CIRCUMSTANCES
WHEREAS, the City of Tustin (the "City") generally does not provide FLSA-exempt
employees with additional compensation for any hours they work in excess of their regular
work schedule;
WHEREAS, Police Lieutenants are currently the only exempt City employees who
are eligible for additional compensation for working extra hours, under the specific criteria
described in the memorandum of understanding (MOU) between the City and the Tustin
Police Officers Association — Police Management Unit (TPMA); and
WHEREAS, the City of Tustin believes it is in the public interest to recognize
employees who work additional hours in extraordinary circumstances to support the
Tustin community above and beyond what is ordinarily required; and
WHEREAS, the City Council wishes to grant the City Manager the discretion to
provide additional compensation to exempt employees who work additional hours in
extraordinary circumstances.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. When in the judgment of the City Manager it becomes necessary or in the best
interests of the City to utilize the services of exempt City employees in
extraordinary circumstances, the City Manager may authorize additional
compensation for such employees on a limited and temporary basis.
2. "Extraordinary circumstances" for purposes of this Resolution may include
situations such as an employee being assigned to perform work unrelated to
their regular job duties due to a declared federal, state, or local emergency or
natural disaster, when working on special projects of a lengthy duration outside
the scope of the employee's regular duties, or when performing additional work
due to extreme staffing shortages.
3. Police Lieutenants are eligible to receive overtime compensation for additional
hours worked in extraordinary circumstances, under the same terms as
provided in the TPMA MOU, subject to the discretion of the City Manager as
described in Paragraph 7 below.
Resolution 24-35
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DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262
4. All other exempt Management -level employees are eligible for lump sum
payments, not to exceed an amount equivalent to five percent (5%) of their
annual base salary, for additional hours worked in extraordinary circumstances.
5. Executive Management employees are not eligible to receive any additional
compensation pursuant to this Resolution.
6. With the exception of Police Lieutenants, whose compensation is described
above in Paragraph 3, any additional compensation paid pursuant to this
Resolution will be paid in a lump sum and is not necessarily directly associated
with a specific number of hours worked. Compensation paid pursuant to this
Resolution is in addition to an employee's regular compensation, is not
considered part of their base salary, and is not reported to CalPERS as
compensation earnable or pensionable compensation because it does not
meet the definition of "special compensation" as defined in California Code of
Regulations sections 571 or 571.1.
7. The City Manager has the sole discretion to determine if any employee qualifies
for additional compensation pursuant to this Resolution. The provisions of this
Resolution are intended to be rarely used and reserved for limited and special
circumstances in which the City Manager determines that it is in the City's best
interests to implement these provisions.
8. The City Manager will periodically report to the City Council any additional
compensation paid to exempt employees pursuant to this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 18t" day of June 2024.
DocuSigned by:
AUSTINIEVI K/fl3'ARD,
Mayor
ATTEST:
DS
DocuSigned by:
ER rADN60YASTJ DA,
City Clerk
Resolution 24-35
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DocuSign Envelope ID: 23DDF1C7-E4EF-4D43-92E8-855663C2B262
APPROVED AS TO FORM:
FZ
ocgned by:
fDFE'.5KENDIG
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 24-35 was
duly passed and adopted at a regular meeting of the Tustin City Council, held on the
18th day of June 2024, by the following vote:
COUNCILMEMBER AYES: Lumbard, Gallagher, Clark, Gomez, Schnell (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
COUNCILMEMBER RECUSED: (0)
FDS
DocuSigned by:
U.S"j 6
E R16ADWYA8pJ DA,
City Clerk
Resolution 24-35
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