Resolution 2001-59 STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
RESOLUTION NO: 2001-�_
RESOLUTION AMENDING THE UNITED CITY OF YORKVILLE
EMPLOYEE Amt'
NOW COMES the City Council of THE UNITED CITY OF YORKVILLE, and in
response to negotiation of various employment benefits, work conditions, and the like and in
consideration of continued employment by employees with THE UNITED CITY OF
YORKVILLE pursuant to the adopted Employee Manuel, the following amendments to said
Employee Manuel are hereby to be adopted by the City Council by THE UNITED CITY OF
YORKVILLE based upon full discussion with City Employees, and due consideration of said
Amendments by the City Council:
1. Paragraph V, Wages and Benefits, #9. Add Martin Luther King, Jr.'s, Birthday to
the list of paid holidays. This will change the number of paid holidays to 12,
while maintaining the two (2) floating holidays.
2. Paragraph VII, Absences from Regular Work Assignment, #8 C. Meals and
Lodging. THE SECTION BELOW WILL REPLACE THIS SECTION.
Employee's lodging and meal expenses shall be covered as a maximum
r
� 1
reimbursement per diem while traveling on City Business. A Department Head
will submit a per diem request prior to the event with his/her signature to the
Accounting Clerk for bill list issuance of a check of the receipts may be submitted
after the event for reimbursement of the actual amount spent up to a maximum of
$40 per day for meals. Per diem will not be paid for a meal included with the
price of registration of the event. The $40.00 per day allowance for meals will be
broken down as follows: $10.00 for breakfast, $10.00 for lunch, and$20.00 for
dinner. Lodging will be set at a standard/Government/conference rate not to
exceed$150.00 per night and prior approval from the Department Head must be
obtained for any and all increases to this amount for lodging. The Meals, Mileage
and Lodging form must be submitted, but if the amounts are greater than the
above, receipts must accompany the form and have the Department Head's
approval.
3. Paragraph F, under paragraph III, #2,thereof is hereby deleted and replaced with
the following language:
While current fill-time City employees are encouraged to apply for appointment
to positions for which they are qualified, the City reserves the right to hire
external or internal applicants for any or all vacant positions. Accordingly,
position announcements may be posted internally and/or advertised before a
position is filled.
4. Paragraph IV. Work Schedule#8 Overtime Pay
Add B. All employees will be compensated for all hours worked as described
� 2
within their job description and duties as authorized,which means no employee
shall work as an independent contractor or receive a stipend for hours worked
except as authorized as an appointed position.
5. Paragraph V. Wages and Benefits#5 add Fair Labor Standards Act- All
Department Heads will complete the Off-Premises Training Hours Worked
Agreement form for all employees who attend training outside the Chicago
Metropolitan area.
On Motion duly made, seconded, and approved by a majority of those members of the
City Council so voting, the above Amendments to the Employee Manuel of THE UNITED CITY
OF YORKVILLE are hereby adopted effective immediately upon passage of this Ordinance and
signature thereof by the Mayor and City Clerk.
u
MIKE ANDERSON �_ JOSEPH BESCO
VALERIE BURR _ PAUL JAMES
LARRY KOT �_ MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,
this ;:4�_day of A.D. 20, .
-Ze
MAYOR
�'' 3
�--� PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this3PN day of , A.D. 20QJ.
Attest:
ITY CLERK
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
4
1,
SEYE.ART
AT T O R N E Y S 55 East Monroe Street
' Suite 4200
Chicago,IL 60603-5803
Writer's direct phone 312-346-8000
(312)269-8807 fax 312-269-8869
Writer's e-mail www.seyforth.com
eberemann(a�sevfarth.com
September 6, 2001 V
w
m
PRIVILEGED & CONFIDENTL4L 0
z
Anton Graff °
City Administrator Z
City of Yorkville 3
800 Game Farm Road
Yorkville, IL 60560 0
U
Re: Fair Labor Standards Act Compliance Survey
z
Dear Tony:
This letter confirms the recent FLSA compliance survey which I conducted at the City. Generally
0
speaking, compliance at the City and the level of understanding relative to the Act's requirements a
are quite good. However,there are a few areas where changes are appropriate. The following are
my comments and suggestions by department or subject: V
Y
1. Exempt Status o
r
3
There are a limited number of exempt employees and all are department heads or senior z
administrators such as the City Administrator and City Engineer. None of these
classifications present compliance issues. All are paid on a salary basis with no partial day w
docks or partial week suspensions. Some exempt employees may receive comp time for Q
night meetings but this practice is acceptable. o
2. Other General Issues Z
0
Employees who perform snow plowing functions are compensated at their regular rate for o
the work and receive overtime, if applicable. The Deputy Clerk, who also performs other
work for the City, receives a stipend for her work as Deputy Clerk which generally involves 0
taking minutes at meetings and transcribing them. A better approach would be to pay her
time and one half her regular rate for work as the Deputy Clerk outside her regular work
schedule. That approach would avoid potential overtime issues related to her dual capacity
role. o
0
0
m
Z
S EYFAIZT H
ATTORNEY S SHAW
Anton Graff
September 6, 2001
Page 2
3. Police Department
The Police Department follows a 14 day work period and there is documentation to that
effect. However, the police officer schedule is a 5 -2, 5 -3 schedule which covers 15 days.
There is an eight and one half hour day which includes a 30 minute paid lunch. While the
Department has a CADS system, officers do not log in and out for lunch. The Department
should consider adopting a 15 day(92 hour)work period for § 7(k)purposes to better
accommodate the present work schedule and review its recordkeeping of meal periods.
Even though the meal is paid, it may not in most cases,constitute hours worked for FLSA
purposes. Changing the work period should be relatively easy since it will not affect the
Department's overtime pay practices, but only make FLSA compliance easier to monitor.
Ease of monitoring FLSA compliance regarding overtime entitlement under the Act is also
relevant to the 72 hours of"give back time"because use of the give back time could create a
compliance issue if such time brought the officer above the FLSA threshold. The Union
should be advised of the § 7(k)work period change and told it will not affect the contract at
all but only make recordkeeping easier for the Payroll Department.
There are no issues relative to take home vehicles or the DARE officer's training. Enclosed,
for your general reference, is a training time hours worked memo(Attachment A).
The canine officer agreement should be reviewed with the objective of better fitting it into
the parameters of the Act, relative to payment for off duty canine maintenance time and
travel to training in Indiana. While the stipend is an approach, it is difficult to apply to
additional hours worked. Accordingly, enclosed as Attachment B is a sample canine
agreement.
Training time is paid and most travel is normal commuting. Use of squad cars for travel is
optional. Trips to Springfield for training would be compensable, at least for the driver, so
this subject should be explored. This time might also fit under the"give back"hours
arrangement as to officers making these trips.
Crossing guards are paid a stipend for working a set part-time schedule. This practice is
acceptable. Secretaries apparently work a straight eight hour shift. If they take off duty
meal periods of one half hour or longer,those periods would not constitute hours worked for
Fair Labor Standards Act purposes.
Citizen volunteers receive no pay except for training which reimburses them for time lost at
their regular job. This practice is acceptable. Third party employment is allowed in
accordance with the Act.
SEYFARrE
ATTORNEY S SFRW
�..� Anton Graff
September 6, 2001
Page 3
There are two other matters for review. There should be a policy relative to overtime
compensation(when received) for part-time officers. The procedures and practices relative .
to officer court appearances should be clarified to avoid unnecessary hours worked issues.
Pagers are a good device for such "on call'situations.
4. Public Works
Hours worked and lunch periods are properly handled. There are also no on call time
compliance issues as call ins only average once a week. Training time is compensated.
However, employees are not compensated for prolonged driving to training in such places as
Peoria or Springfield. The driving time to distant conferences is hours worked. Riding time
as a passenger,to and from a distant location, is hours worked if all in one day or during
normal work hours. Thus,travel time procedures need to be revised.
5. Library
The library staff is essentially part-time in nature. Usually,the staff work through lunch and
are paid for the time. If they leave for lunch,they are not paid. There is no off the clock
work and employees are paid for training time. There is no travel time issue because the
training site is within normal commuting distances.
6. Recreation
There are very few employees in this Department and quite a few independent contractors
who are paid by stipend or fee. While there probably is not much risk relative to these
individuals since,we assume,they never work close to 40 hours per week, it is probably a
good idea for the City to develop a"boilerplate"document for all such independent
contractors so as to limit IRS or other exposure.
Lastly, the Recreation Department should continue to have referees and employees who are
age 16 or over to avoid hours worked restrictions. Obviously, 16 and 17 year old employees
should not operate mechanized or power driven equipment. Sixteen year olds cannot
operate vehicles and 17 year olds can operate passenger type vehicles up to 20% of the time.
In summary,the City is following FLSA guidelines and requirements quite well. A few
recommendations are noted above regarding the Police Department(§ 7(k)period,travel, "give back
time" and canine compensation),travel time to distant conferences in other areas and independent
contractor agreements.
u
a
SEYF RIF H A
ATTORNEYS S��
Anton Graff
September 6, 2001
Page 4
Please call with any questions.
Very truly yours,
SEYFARTH S W
By
Edward W.Berg ann
EWB/lmw
Attachments
cc: Robert J. Smith,Jr.
10272794.1
V
U �
CITY OF YORKVILLE
OFF-PREMISES TRAINING
HOURS WORKED AGREEMENT
You are enrolling in sponsored by
(name of program)
. This training program will be conducted on
(name of agency)
(or from to )
(date of program)
and held at This is a -hour
(location) (length)
training program.
1. You will be compensated at your regular rate of pay for the following activities:
A) Classroom hours
B) Travel time for training or courses outside the Chicago Metropolitan Area
(Six County Region):
1) As a driver
2) As a passenger if trip is all in one day
3) As a passenger if trip is overnight for travel during normal work
hours
2. Any other time spent outside the classroom, such as study time, group discussions,
etc., is solely at your personal discretion and will not be considered hours worked
unless approved in advance in writing.
Hours of work allowed:
(To be initialed)
Employee acknowledgment: I have read this agreement, understand its contents and
agree to comply with its stipulations.
Supervisor receiving signed agreement:
Employee name, typewritten
Employee signature Signature
Date: Date:
10274281.1
� � T
CANINE OFFICER AGREEMENT
The canine officer shall perform the following duties relative to his/her assigned dog .
during the course of his/her duty shift:
1. Exercise
2. Grooming
3. Feeding(one meal)
4. Training
5. Veterinarian routine checkups and shots
6. Procuring food and supplies.
The officer shall be allowed four hours per week for the following at-home outside work
activities with his/her assigned dog:
1. Cleaning dog's kennel or other place where the dog is kept, and cleaning up after
the dog.
2. Feeding (one meal on on-duty days—2 meals on off-duty days).
3. Exercise on off-duty days.
4. Emergency trips to veterinarian.
If the off--duty at-home canine care activities exceed the five hours per week allowance
for any week,the officer shall submit a daily log identifying the activities engaged in, the times at
which they took place and the duration of the activities,to his/her supervisor by the end of the
shift immediately following that week.
Canine Officer Yorkville Police Department
Date
10274343.1