HomeMy WebLinkAbout2008-R-27Resolution No. 2008-R-
A Resolution Adopting The United States Federal Government's
Definitions of Exempt and Non-Exemptt on olf The Federal
Acknowledging the Need For Implementa
Law Relative To Overtime Waaes
Whereas, the public service is an honorable, praiseworthy and laudable
profession;
Whereas, serving in leadership positions within the government is an honor and
privilege bestowed upon individuals by the executive of the City pursuant to statute and
law;
Whereas, serving the citizens of Jeffersonville as Chief, Assistant Chief,
Department Head, 1St Deputy of a Department or any other bona fide executive,
administrative or professional capacity carries with it great responsibility and expanded
duties;
Whereas, each of those individuals that accept positions which are bona fide
executive administrative or professional positions do so with an understanding that they
will be required to perform duties over and above those of the regular non-exempt
employees;
Whereas, each of those individuals that accept these positions do so with a full
and complete understanding of their additional duties as well as the limitations created
by these additional duties and responsibilities;
Whereas, the United States Federal government, pursuant to the Fair Labor and
Standards Act (hereinafter FLSA) has defined instances wherein individuals employed
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in both the public and private sector are exempt from the overtime requirements of the
FLSA;
Whereas, the FLSA edicts have been further defined by the United States
Federal District Courts in seminal cases such as Garcia v. San Antonio Metro Transit
Authori , 469 U.S. 528 (1985); Auer v. Robbins, 177 S. Ct. 905 (1997); Bowman v.
City of Indianapolis, 133 F.3d 513 and Kenyatta-Bean v. Housing Authority of New
Orleans, 04-2592 (E.D. La. 2005). These cases, along with hundreds of others further
define the relationship between overtime wages and job duties and responsibilities in
government;
Whereas, the Jeffersonville City Council is obliged to develop budgets for the
City's departments and divisions which are accurate and reflect the needs of the
citizens and government. These budgets shall include monies for the purpose of
payment of legitimate, necessary over-time wages for those employees of the City that
are entitled to payment thereof;
Whereas, during the course of the development of the City's budgets for 2009
the Council's budget committee ascertained that the previous administration of City
government had permitted potentially exempt employees to collect over-time wages;
Whereas, it was determined by the City Council Committee that this practice had
carried over-into the new administration and that potentially exempt employees
continued to claim payment for over-time hours that they were not entitled to be
compensated for;
Whereas, upon discovery of this potential problem, the City Council and its
Budget Committee notified the Mayor and informed him of the potential problem. The
Mayor, immediately upon being notified, issued an executive order terminating the
previous administrations' prior policy of permitting potentially exempt employees from
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collection over-time wages;
Whereas, in conjunction with the Mayor of Jeffersonville, the City Council
believes that it is necessary to adopt a resolution further defining the rights and
privileges of those employees considered exempt from the edicts of the FLSA;
THEREFORE, BE IT RESOLVED AND ORDAINED THAT:
1. The City of Jeffersonville, by executive order and this resolution,
acknowledges that the United States Federal Government has defined
those employees that are exempt from the FSLA;
2. United States Code and Federal Case Law has determined that individuals
that are employed in a "bona fide executive, administrative or professional
capacity... as such terms are defined and delimited from time to time by
regulations of the Secretary of Labor" are considered exempt from the
overtime requirements as established by the FSLA;
3. The City of Jeffersonville shall not be obligated to continue to adhere to the
policies and practices of previous administrations and that the executive
and the council shall adopt any and all regulations, resolutions or
resolutions necessary to terminate those policies and practices if same are
detrimental to the citizens and taxpayers of the City; and
4. From this date forward, and/or until further order of a court of competent
jurisdiction, order of a subsequent Mayor or City Council, no exempt
employee of the City of Jeffersonville shall be entitled to payment of
overtime for work performed by individuals that are employed in a "bona
fide executive, administrative or professional capacity..." as defined by
Federal and State law.
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Severability Clause:
Should any section, paragraph, sentence, clause or phrase of this resolution, or its application to
any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or
should any portion of this resolution be preempted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this resolution or
its application to other persons or circumstances.
This Resolution shall be in full force and effect from and after its passage and
approval.
Voted Against:
Passed this q~ day of ~~~, 2008.
g,
Mayor Thomas Ga ' an
Attest:
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Peg ~ ilder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
City of Jeffersonville, Indiana on this day of , 2008.
Peg y ilder, Clerk-Treasurer
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