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may declare a state of emergency to exist. Upon the declaration of a state <br />of emergency, the City Manager may require any or all regular full-time <br />employees of the City to work overtime or off -shift as he or she shall <br />determine, to protect life and property within the City. <br />7.10 Applicability of Fair Labor Standards Act. The parties agree that if the <br />applicability of the Fair Labor Standards Act to local governmental entities is <br />eliminated by either legislative orjudicial action, they shall meet and confer <br />regarding any proposed changes to this MOU; however, no such changes <br />shall be made except on mutual agreement. <br />7.11 Reopener. If, during the term of this MOU, the City modifies the manner in <br />which it pays overtime (pursuant to the Fair Labor Standards Act), the City <br />and CASA agree to reopen this provision of the MOU and commence <br />discussions regarding the City's modifications to overtime payments. <br />7.12 Court Appearance, Compensation for court appearance by employees <br />covered by this MOU shall be as follows; <br />A. For each required court appearance made by an employee during <br />his or her off -duly time in regard to City business, the employee shall <br />be paid overtime for the period of time from their arrival at court until <br />they are released from court or the court session closes for that day. <br />However, in no case shall an employee receive less than two (2) hours <br />overtime for a court appearance during his or her off -duty hours. If <br />separate court appearances are made both in the morning and <br />afternoon of a particular day, a minimum of two (2) hours overtime <br />shall be allowed for each session attended. If the employee is not <br />released from a morning session and must remain available for <br />afternoon court, the employee shall be paid overtime for all hours the <br />court is in session that day. <br />The employee must provide a copy of the subpoena requiring his or <br />her attendance to initiate payroll procedures. <br />B. A subpoenaed employee scheduled to appear in court on City <br />business during off -duty time may be placed on standby status by the <br />Department Head or his or her authorized representative if the <br />employee can respond to the court, if called, within 60 minutes of the <br />employee's notification. In the event such off -duty employee is on <br />standby status during any court session and is not required to appear <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JANUARY I, 20191NROUGH JUNE 30, 2022 <br />Page 28 <br />410865v2 a, <br />