Section 5. CONDITIONS OF EMPLOYMENT
5.1 GENERAL
REQUIREMENTS
A) Citizenship. In accordance with the Immigration Reform and Control Act of 1986, the City of El Paso shall only hire citizens or intending citizens, as these terms are used in the Act, for positions within the City of El Paso. The City shall not discriminate because of an individual's national origin or in the case of an intending citizen because of the individual's citizenship status. If, however, a federal or state grant, law, or regulation requires only citizens to be hired, the City may discriminate as to only hiring citizens for those affected positions.
In addition, the City may hire an employee who is a citizen or lawfully admitted alien, with appropriate work permits, if the two individuals are equally qualified. Any applicant or employee disqualified by the Human Resources Director under the above provisions, may appeal to the Civil Service Commission for a decision on the citizenship status. (Amended 9/08/87 and 11/15/05)
B) Promotional Eligibility for Police and Fire Employees.
1. Service lost by reason of a suspension for cause, resignation with subsequent reinstatement or leave of absence shall not count for the minimum period of service set forth in the job specification for the position to which promotion is sought.
2. Any employee who resigns and is not reinstated, or is otherwise terminated from City service and is subsequently appointed to a position in the City service shall not be entitled to count for promotional purposes any service prior to such resignation or termination. (Amended 10/04/94)
5.2 HOURS OF WORK
A) All full-time, salaried employees shall be on a forty-hour work week, except for uniformed firefighter personnel who are subject to Paragraph (D) below. (Amended 10/03/95)
B) In order to meet operational needs, the Department Head may adjust the hours of any individual employee or group of employees to provide for different schedules of hours or for overtime services outside of regular working hours. Such adjustments shall not result in allowing less than the hours per week prescribed for full-time employment without a corresponding pro-rate decrease in salary. (Amended 11/15/05)
C) Employees are required to comply with all time and attendance reporting procedures, including clocking in and out, as established by the City Manager and as required by their Department Heads in accordance with operational necessity or feasibility. Department Heads may require precise start and stop times to meet operational necessity. (Passed 11/15/05)
D) Wage and hour equalization may be used for purposes of overtime compensation within a pay period, as provided for by the Fair Labor Standards Act, as amended.
E) Pursuant to and in compliance with Section 7 (K) of the Fair Labor Standards Act, as amended, all City uniformed firefighter personnel shall be on a work period of at least seven, but not more than 28 consecutive days. (Amended 8/11/87 and 10/03/95)
5.3 OVERTIME
A) All non-exempt employees, except for uniformed firefighter personnel who are subject to Section 5.2(D) above, shall be paid for authorized overtime on the basis of one and one-half times the hourly rates specified for the applicable class or position after forty hours of work per week. (Amended 10/03/95 and 11/15/05)
B) All City uniformed firefighter personnel shall be paid overtime for hours worked which, in the aggregate, exceed the number of hours established by law for their work period. The hours in such a work period shall not exceed a number of hours which bears the same ratio to the number of consecutive days in the work period as the maximum hours allowed by Section 7(K), Fair Labor Standards Act, as amended, bears to 28 days. (Amended 8/11/87 and 10/03/95)
C) Employment in excess of the hours prescribed for full-time employment shall be in accordance with the following:
1. The authorization of any overtime shall be predicated entirely on the operating needs of the department. The schedule of work and procedure prescribed by the department shall be designed to eliminate excessive or unnecessary use of overtime.
2. The authorization by the Department Head to work overtime shall be transmitted to the Human Resources Director with a statement of the facts on the necessity of such overtime work, and the payment therefore. (Amended 11/15/05)
D) Pursuant to and in compliance with the Fair Labor Standards Act, as amended, overtime shall not be paid to those individuals employed by the City of El Paso who are elected, appointed, executive, administrative, professional, or otherwise exempted from the overtime provisions of the Fair Labor Standards Act, as amended, unless otherwise required by law. (Amended 11/15/05)
E) The City Manager may authorize payment of overtime to those City employees exempted from overtime pay by the preceding subsections. The City employee's Department Head must submit a written request to the City Manager, with a copy to the Human Resources Director, requesting authorization for payment of overtime to an exempted employee. The written request shall state specifically as possible: (Amended 8/31/04)
1. the nature of the special project that the employee is to work on;
2. the need for the exempted employee's skill or expertise on the special project;
3. the need for the employee to work on the special project beyond his normal working hours;
4. the estimated length or duration of the special project; and
5. the estimated amount of overtime to be paid to the exempted employee.
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