PAX Centurion - November / December 2013

www.bppa.org PAX CENTURION • November/December 2013 • Page 13 v. Community meetings and events such as mentoring programs, community crime prevention meetings, basketball games, tennis programs, or any other activity designed to improve relationships between the Department and the community. Employees who earn comp time in lieu of overtime for the categories of service listed in Section 1 F shall receive a minimum of four (4) hours of compensatory time. An employee shall receive comp time on an hour for hour basis for any work that is performed in excess of four (4) hours in these above- mentioned categories, unless otherwise required by the FLSA to be 1.5 hours per hour. G. The Parties agree that a lunch break is not considered “hours worked” for purposes of accruing FLSA compensatory time. 2. Compensatory Time Banks A. The Department will establish two compensatory time banks. One compensatory time bank shall be used to record contractual compensatory time earned for each officer and the other bank shall be used to record FLSA compensatory time earned for each officer. a) Effective January 2014, the maximum number of hours an employee may have in his/her FLSA and Contractual Comp time bank combined shall be one-hundred and sixty (160) hours. In January of 2014 the City will make a payment to each employee to bring his/her combined bank down to a total of one- hundred and sixty (160) hours. b) Effective January 2015, the maximum number of hours an employee may have in his/her FLSA and Contractual Comp time bank combined shall be eighty (80) hours. In January of 2015 the City will make a payment to each employee to bring his/her combined bank down to a total of eighty (80) hours. c) From January, 2014 forward, if an officer accumulates more than one-hundred and sixty (160) hours in his/her banks combined, then the Department will pay the officer the number of hours necessary to bring his/her banks down to one-hundred and sixty hours. The Department will process these adjustment payments at least once per calendar quarter. d) From January, 2015 forward, if an officer accumulates more than eighty (80) hours in his/her banks combined, then the Department will pay the officer the number of hours necessary to bring his/her banks down to eighty (80) hours. The Department will process these adjustment payments at least once per calendar quarter. e) If an officer exceeds the applicable maximum hours in his/ her banks combined, s/he shall not be permitted to perform any additional “Officer Initiated Out of Turn Service” until he/she drops below the applicable maximum hours in his/her banks combined. 3. Use of Compensatory Time: A. Any and all requests to use compensatory rime other than “Officer Initiated Out of Turn Service” which is governed by Paragraph I (A) of this Section, shall be made pursuant to the following procedures: i. The officer shall make a written request for the use of compensatory time off using form 0047-BFS-1011. ii. Compensatory time may only be used in full tour increments. iii. Officers requesting to use either contractual or FLSA compensatory time shall make a written request at least ninety- six (96) hours before the beginning of the first shift in which the compensatory time off would fall. iv. A request to use FLSA compensatory time shall be subject to the standard as set forth in the Fair Labor Standards Act (“FLSA”) and interpreted by the courts. v. If the Department approves an officer’s request to use compensatory time, the Department shall first deduct the compensatory time from the officer’s FLSA compensatory time bank. If the officer does not have any compensatory time in his/her FLSA compensatory time bank, the Department shall deduct the compensatory time from the officer’s contractual compensatory time bank. B. The following restrictions apply to the use of compensatory time: 1. i. The City is not required to grant any request(s) to use compensatory time where the Police Commissioner determines that staffing levels must be temporarily increased to meet public safety needs. This includes but is not limited to the following events/circumstances: First Night, Boston Marathon, Caribbean Festival, July 4th, major sporting events, major cultural events, and weather emergencies. ii. If an officer is receiving minimum hours for any overtime service, i.e. court overtime and recall overtime, he/she shall not be eligible to earn compensatory time until the period for which he/she is receiving compensation for the minimum hours has concluded. iii. Notwithstanding Paragraph 3(B)(ii) of this Section, if an officer is off duty pursuant to a C-Day, E-Day, P-Day, L/O day, vacation day, compensatory day, blood or cancer day, court vacation day, administrative leave, absent pending, bereavement leave, holiday, sick day, TOD, small necessities leave act day, FMLA, military leave, training day, SWO or suspension, he/she shall not be allowed to earn compensatory time on any tour of duty during that calendar day. 2. (i) fn any district or unit with greater than 25 officer, on weekdays (any shift between 4 p.m. Sunday through 4 p.m. Friday), up to four (4) officers may use contractual compensatory time, and on weekends (any shift from 4 p.m. Friday through 4 p.m. Sunday) up to three (3) officers may use contractual compensatory time during any month of the year flow season”) except the 14 summer vacation weeks and the 2 weeks around Christmas (“high season”), during which each of these totals shall be reduced to three (3) and two (2) officers, respectively; See Award on page 14