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<br /> <br /> <br /> <br /> <br /> <br /> 7.11 Reopener. If, during the term of this Agreement, the City modifies the <br /> manner in which it pays overtime (pursuant to the Fair Labor Standards Act), <br /> the City and CASA agree to reopen this provision of the Agreement and <br /> commence discussions regarding the City's modifications to overtime <br /> payments. <br /> <br /> 7.12 Court Appearance. Compensation for court appearance by employees <br /> covered by this Agreement shall be as follows: <br /> <br /> A. For each required court appearance made by an employee during <br /> his or her off-duty time in regard to City business, said 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/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 /> <br /> The employee must provide a copy of the subpoena requiring his or <br /> her attendance to initiate payroll procedures. <br /> <br /> B. A subpoenaed employee scheduled to appear in court on City <br /> <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 /> in court, such employee shall be compensated two (2) hours on a <br /> straight time basis, for each said court session. Such employee may <br /> elect, in lieu of paid time, two (2) hours of compensatory time off for <br /> standby time and not appearing in court, with the approval of the <br /> Department Head. If such off-duty employee on standby actually <br /> appears in court, he or she shall be compensated as provided in <br /> Subsection A, supra. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 27 <br /> 25E-29 <br />