Agenda - Council - 06/22/1982 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I TO: City Administrator FROM: City Attorney RE: Mike Auspos Overtime Pay DATE: May 25, 1982 You have asked me to give you a memo regarding the payment to Mike Auspos of overtime as compensation the time he worked while David Gustafspn was incapacitated. As I understand the facts, Gustafson was injured while on duty by a car driven by one Tamara Lund. Lund's company paid the City a cash amount representing the City's cost for this overtime expense. The qoest~on now is tbis: Should Mike Auspos who took over for Gustafson and worked C.stafson's shift, in addition to his own shift, receive the overtime pay received from Lund's insurance company? Section J0.O95 (3) provides as follows: 3) Employees to whom the State Fair Labor Standards ACt applies shall be compensated for overtime rates at one and one-half the regular rate of pay. To the extent permitted by law, compensatory time off sh~ll be taken as approved by the department head for periods of not less than four (4) bouts at a time. Based on this language it is legal for the City to pay overtime in dollars. You further advised me that it has not been the City's policy to pay dollar overtime to department heads and that the City does not want to change this policy or establish a precedent in this case. In this par- ticular case I do not think the City would be establishing a precedent since in effect Auspos worked as a patrolman when he did Gustafson' shift and not as a department head. Auspos could have assigned Gustafson's shift to another patrolman who would have been paid overtime. In addition the funds for the overtime were paid to the City by the insurance company and these funds were paid for the purpose of paying the overtime incurred. l~K.G:sb