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benefits), toward the completion of probationary period, or to progression within salary <br /> range. <br /> 7.6 Overtime Work to be Minimized. To the extent that they are reasonably able to do so,the <br /> Department Head or their designee shall arrange work programs to minimize overtime <br /> work. Necessary overtime work shall be apportioned among employees of like <br /> classification and assignment. <br /> 7.7 Call-Back Duty. An employee who is recalled to active duty from off-duty, shall be <br /> entitled to overtime pay at the rate of one and one-half(1 112)times the normal hourly pay <br /> rate for such employee for time actually worked after reporting to the place of duty, or <br /> three (3) hours pay at the normal rate of pay, whichever is greater. <br /> 7.8 Declaration of State of Eme_r ene . Upon the occurrence of fire, flood, earthquake, strike, <br /> riot, or other catastrophe or emergency which directly affects city operations or the welfare <br /> of the City's citizens, the City Manager may declare a state of emergency to exist. Upon <br /> the declaration of a state of emergency, the City Manager may require any or all regular <br /> full-time employees of the City to work overtime or off-shift as they shall determine, to <br /> protect life and property within the City. <br /> 7.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the <br /> Fair Labor Standards Act to local governmental entities is eliminated by either legislative <br /> or judicial action,they shall meet and confer regarding any proposed changes to this MOU; <br /> however, no such changes shall be made except on mutual agreement. <br /> 7.10 Reopener. If, during the term of this MOU,the City modifies the manner in which it pays <br /> overtime (pursuant to the Fair Labor Standards Act), the City and CASA agree to reopen <br /> this provision of the MOU and commence discussions regarding the City's modifications <br /> to overtime payments. <br /> 7.11 Court Appearance. Compensation for court appearance by employees covered by this <br /> MOU shall be as follows; <br /> A. For each required court appearance made by an employee during their off-duty time <br /> in regard to City business, the employee shall be paid overtime for the period of <br /> time from their arrival at court until they are released from court or the court session <br /> closes for that day. However, in no case shall an employee receive less than two <br /> (2) hours overtime for a court appearance during their off-duty hours. If separate <br /> court appearances are made both in the morning and afternoon of a particular day, <br /> a minimum of two (2) hours overtime shall be allowed for each session attended. <br /> If the employee is not released from a morning session and must remain available <br /> for afternoon court, the employee shall be paid overtime for all hours the court is <br /> in session that day. <br /> The employee must provide a copy of the subpoena requiring their attendance to <br /> initiate payroll procedures. <br /> CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028 <br /> Page 22 <br /> 13139922.1 SA370-001 <br />