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• ORDINANCE NO. 2010 -18 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, ADDING A NEW CITY CODE <br />SECTION 62.189 TO AUTHORIZE THE USE OF <br />COMPENSATORY TIME BY FIRE FIGHTERS; INCLUDING <br />PROCEDURAL PROVISIONS AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The use of compensatory time off in lieu of paying overtime pay to fire fighters is authorized <br />by state law (TEX. LOCAL Gov'T CODE Alum. § 142.0016). <br />2. The City staff has recommended that compensatory time be authorized for fire fighters as a <br />management and budgetary tool for the fire department. <br />3. The City Council wishes to authorize the use of compensatory time in lieu of overtime pay by <br />fire fighters in the San Marcos Fire Department, in accordance with state law. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />• SECTION 1. Section 62.189 of the City Code is added to read as follows: <br />Sec. 62.189. Compensatory time. <br />(a) Fire fighters who are not exempt from overtime may accept compensatory time <br />instead of overtime pay at a rate of 1' /2 times the number of overtime hours. Overtime <br />hours will be determined in accordance with city personnel policies. <br />(b) A fire fighter may use compensatory time only when both the fire fighter and the fire <br />chief agree the time may be used. The fire chief may promulgate written policies for the <br />use of compensatory time. Fire fighters who elect to use compensatory time must comply <br />with the policies. <br />(c) The city may pay a fire fighter for all or part of the fire fighter's accumulated <br />compensatory time if both the fire fighter and the city agree the time may be paid. The <br />fire chief may promulgate written policies for the payment of compensatory time. Fire <br />fighters who elect to be paid for compensatory time must comply with the policies. <br />(d) If full payment for a fire fighter's accumulated compensatory time would exceed 10% <br />of the fire fighter's annual salary, the city may at its option defer payment of the amount <br />in excess of 10 % until the first pay period of the next fiscal year. <br />0 (e) Payment for accumulated compensatory time will be at a rate equal to the fire fighter's <br />