Compensatory Time Accrual Caps for Deputy Fire Marshals. Effective July 1, 1995, the maximum compensatory time accrual cap for represented Deputy Fire Marshal personnel shall be 80 hours. If a represented member reaches his/her compensatory time accrual cap, the member will cease to accrue additional compensatory time until their compensatory time balance is once again below the cap. Employees will be paid at the overtime or emergency overtime rate for time worked in excess of 40 hours that is not recorded as compensatory time. The parties will jointly procure an opinion from Xxx Xxxxxx, LLP, to include both: (1) an assessment of the risk of constructive receipt based on an employee’s decision to earn compensatory time; and (2) options to mitigate that risk. Upon receipt of that opinion, this MOU will reopen on the subjects of overtime and compensatory time off as these subjects relate to constructive receipt and the parties will meet and confer over options to address constructive receipt. Should Ice Xxxxxx, LLP, not be available to commence work on the opinion by November 2017, the parties will mutually choose the tax counsel to conduct this study with the above outlined parameters. Either party may release the final opinion from tax counsel to outside parties and may request separate analyses from tax counsel at their own expense for use in negotiations with other groups.
Compensatory Time Accrual Caps for Deputy Fire Marshals. Effective July 1, 1995, the maximum compensatory time accrual cap for represented Deputy Fire Marshal personnel shall be eighty (80) hours. If a represented member reaches his/her compensatory time accrual cap, the member will cease to accrue additional compensatory time until their compensatory time balance is once again below the cap. Employees will be paid at the overtime rate for time worked in excess of 40 hours that is not recorded as compensatory time.
