01.01 A-C - Police Chief Application Process

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� I�� _ - �GUE o�F �I�ti��ES�T�I �ITIFS �CO�NNECTII�G �,11�iI�3C�VATIi��G SI\CE Ig13 HUMAN RESOURCES & BENEFITS INFORMATION FAIR LABOR STANDARDS ACT (FLSA) POLICE AND FIRE EMPLOYEES There are some special exemptions and other issues that cities should be aware of when applying the Fair Labor Standards Act (FLSA) to police and fire employees. Administrative & Executive Exemptions for Police/Fire Employees As a general rule, employees who perform police a.nd fuefighter work will be considered non- exempt and must receive overtime or compensatory time off (unless they fall under the Small Police/Fire Department exemption discussed below). However, certain high-ranking police and fire department employees such as Police or Fire Chiefs, Deputy Chiefs, Captains, Lieutenants and Corporals may meet the requirements of the Administrative or Executive Exemption. Each city should determine on a case-by-case basis whether these positions meet the requirements of those tests which are discussed in the League's informational memo entitled "Fair Labor Standards Act: Determining Exempt and Non-Exempt Status". Some guidelines that cities may look at to help determine whether a police or fire employee would meet those requirements include: 1. Does the employee perfornl police or firefighting work (e.g., preventing, controlling, extinguishing fires, crime prevention, investigations, apprehending suspects, interviewing witnesses, etc.) on more than just an occasional basis? The more direct police and firefighting work performed, the less likely the employee will be considered exempt. 2. Is the employee dispatched to calls, or does he or she have discretion to determine whether and where his or her assistance is needed? Employees who are not dispatched to calls but have discretion to determine their own involvement aze more likely to be considered exempt. 3. Does the employee meet all of the requirements to be exempt under the executive or administrative exemption AND primarily perform managerial tasks such as: • Evaluaring performance of employees under their supervision; • Enforcing and imposing penalties for violations of rules/regulations; • Making recommendations as to hiring, promotion, discipline or termination; • Coordinating and implementing training programs; • Maintaining payroll and personnel records; � 1�5 U.�['i.rERS[TY A�rE. ti'�rEST PHu^fi:E_ {Et.il.l �$1-I�L� Er.7c: �C+51) �$1-�� 5T. F,'.UC. '�iPw2 5�103-?�4 ��t� Fr�e: �tWll) 9�5-11�2 tis'�s.ztizti-�ti.tn!�Uw