2004-07-28 WS & CC Meeting - Laserfiche WebLink

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l July 15, 2004 Page 2 If at any time there is a difference between a statement in these documents and source material, such as plan documents, the source material that is current at that time will take precedence. 1.2 Scope. I suggest amending part C) to clarif'y that is applies only to non employee members of City Boards, Commissions and Committees. In certain instances, the City may want to have an employee sit on a committee or other group. In that instance, the requirements of the policies should apply to that employee's actions. 1.3 Authority. Rights. I suggest adding a third sentence detailing the City's right to make the changes retroactive or prospective. This adds additional flexibility for the City and aids the City in any argument that this language does not create a binding contract (it is harder to establish a . .,binding contract ifit is subject to retroa-ctive change). lalso suggest removiIig the following sentence as it implies that the policies do abridge, delegate or modif'y the City's discretion where the issue is addressed in the policy. My suggested language is as follows: Rights: The City reserves the right to operate and manage its affairs in all respects in accordance with existing and future laws and regulations. These rights shall specifically include, but not be limited to, the right to adopt, amend, repeal, interpret or terminate the personnel policy and work rules without prior notice. Any prerogative or authority which the City has not Sj3eemeally abridged, delegated or modified by this polley is retained by the City. The Citv reserves the right to make these changes retroactive or prospective. Amendments shall be effective the day of adoption unless a different date is specified. The City further reserves the right to make reasonable variations from this policy where if-is the City Council determine4~ that a strict and literal application of the policy would cause an undue hardship on the City, its Employees, or an individual Employee. 1.3 Authority. Interpretation. I suggest clarifying that the City Council is the ultimate authority for interpreting the policies. I suggest amending the first sentence as follows: The City Administrator shall make initial interpretations ofthese policies or decision on items not covered within these policies and such inter1;lretation will be binding unless modified or overturned by the City Council. 2 Definitions. The initial suggestions are simply a qualification that the Fair Labor Standards Act applies to exempt employees (i.e. minimum wage standards and other requirements) even if the overtime provisions do not apply. My suggested language is as follows: Employee - Exempt: An Employee not covered by the overtime provisions of the federal Fair Labor Standards Act. Employee - N on- Exempt: An Employee covered by the overtime provisions of the federal Fair Labor Standards Act.