City Council Minutes 1991 10 01 - Laserfiche WebLink

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..-1 Fauson: She did put many evenings in and even lunch hours in trying to get her regular duties done because some of her day was taken up doing City Clerk work. Blankenship: That is what she represented to me when we met and I explained to her that based on the available documents that I found when I did the initial research it indicated that she was asking for compensatory time for City Clerk's duties. Just being a focused, pragmatist on these things and looking at the Fair Labor Standards Act and the City Code, my recommendation at that time was no these duties are not compensable because the act is pretty clear and it states that an elected position is not covered. In the same vain the City Code states that the City Clerk shall receive x-number of dollars in full payment for those duties. That was the basis. Fauson: Her original claim was for compensatory time for City Clerk? Blankenship: Just for compensatory time for the duties that she performed in the period when the change had been made from exempt to non-exempt position. Based on the research that I could find in her file she had asked for hours to be credited to her record for duties performed as City Clerk, but at the time from that point forward there was no official recording or reason for recording those hours, i.e., there were no reasons for the hours worked. Brand: It wasn't kept by anybody at that time. It was just recorded on the time sheet. Sackett: The key question here is whether or not she had the option or not of accepting those duties. For example Donna resigned, I'm thinking that Donna wanted to be the City Clerk and then when she was tired of being the City Clerk she had the option or resigning those duties. I am wondering in my own mind if Pam had the option of not accepting those if she wanted to keep her job with the City Administrator and whether or not she had the option of resigning. I need your help on that 19