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RESOLUTION NO. 5586
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, RESCINDING
RESOLUTION #5311 AND AMENDING RESOLUTION
#5241 REGARDING IMPLEMENTATION OF LEAVE
POLICIES FOR MANAGEMENT EMPLOYEES AND
OVERTIME FOR FIRE BATTALION CHIEFS.
WHEREAS, Resolution #5241 establishes various fringe
benefits and work policies for Management Employees; and
WHEREAS, the City complies with the overtime provisions of
the Fair Labor Standards Act; and
WHEREAS, FLSA provides for "Executive, Management and Pro-
fessional" exemptions from the overtime provisions of the Act;
and
WHEREAS, in order to continue to comply with FLSA, a recent
Court ruling requires cities to revise its work policies for
categorically exempt "management" employees; and
WHEREAS, Resolution #5311 authorizes straight time overtime
in lieu of Management Leave ,for Fire Battalion Chiefs contrary to
the overtime provisions of FLSA as determined by the court, and
WHEREAS, the City desires to continue to categorize certain
Management employees as "exempt" under FLSA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Resolution #5311 be deemed null and void
and is rescinded.
SECTION 2. That time-and-one-half overtime payments be
authorized for Fire Battalion Chiefs working in excess of 216
hours in a 27 day work period.
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SECTION 3. That the following language be incorporated into
Resolution #5241 following section 20:
Management employees shall not be deducted leaves
less than a full shift (eight hours). However,
management employees must gain prior leave
approval from his supervisor for taking time off
in increments less than eight hours. Any actual
leave abuse by a management employee will be
reflected in that employee's evaluation and may be
grounds for discipline.
SECTION 4. The City Clerk Shall certify to the adoption of
this resolution.
Passed, approved and adopted this 21st day of May, 1991.
~a;:
Mayor of the City of Arcadia
ATTEST:
~
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5586 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 21st day of May, 1991, and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb
NOES: None
ABSENT: None
Arcadia
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