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7 <br /> <br />lieu of overtime pay at the rate of one and one-half (1-1/ 2) times the employee's <br />regular base pay or two (2) times the employee's regular b ase pay for hours worked <br />on an actual holiday, or be paid for overtime worked. <br /> 9.4 Maximum compensatory time accumulated shall not exceed forty (40) hours. If the <br />maximum is exceeded, the employee will receive overtime pay to reduce the <br />accumulation to the maximum allowed. <br /> <br />ARTICLE X — STANDBY AND CALL BACK <br />10.1 The EMPLOYER will establish a seven (7) day rotating schedule of standby <br />assignments. The employee on standby status will be available during that period for <br />call back and the EMPLOYER will call that employee first should any call back be <br />necessary. The employee will be paid one (1) hour at time and one-half the regular <br />rate of pay for that employee for standby on weekdays. The employee will be paid <br />two (2) hours at time and one-half the regular rate of pay for that employee for <br />standby on weekends and observed holidays. <br />10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time <br />off in lieu of standby pay or be paid on the basis of one and one -half (1-1/ 2) hours <br />compensatory time off for each twenty-four (24) hour period on standby status <br />Monday through Friday; three (3) hours compensatory time off for each twenty -four <br />(24) hour period on standby status on weekends and those dates recognized by the <br />EMPLOYER as observed holidays. Such compensatory time accumulation shall be <br />part of the maximum allowed under Section 9.4. <br />10.3 An employee called in for work at a time other than the employee's normal scheduled <br />shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) <br />times the employee's base pay rate, or two times the base rate on the actual holiday. <br />Special weekend and holiday schedules for lift checking shall be treated as call backs. <br />10.4 Special weekend and holiday schedules for lift station checking shall be treated as a <br />call back. <br />ARTICLE XI — LEGAL DEFENSE <br />11.1 Employees involved in litigation because of negligence, ignorance of laws, non - <br />observance of laws, or as a result of employee judgmental decision shall not <br />receive legal defense by the City. <br />11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a <br />traffic violation, ordinance violation or criminal offense arising from acts performed <br />within the scope of employment, when such act is performed in goo d faith and under <br />direct order of the supervisor, shall be reimbursed for reasonable attorney's fees and <br />court costs actually incurred by such employee in defending against such charge. <br />ARTICLE XII — RIGHT OF SUBCONTRACT <br />12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of the