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compensated for any overtime accumulated to the time immediately preceding such promotion or separation. 6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, vacation, and sick leave accrual), toward the completion of probationary period or to progression within a salary rate range. 6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 6.7 Call -Back Duty. Any employee covered by this Agreement who is recalled to active duty from off -duty, shall be entitled to overtime pay at the rate of one and one -half (1 1 /z) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater. 6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot or other catastrophe or emergency which directly affects City operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all Part Time Civil Service employees of the City to work overtime or off -shift as he or she shall determine to protect life and property within the City. 6.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative or judicial action, they shall meet and confer regarding any proposed changes to this Agreement; however, no such changes shall be made except on mutual agreement. ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM (NOT APPLICABLE) ARTICLE VIII 8.0 HOLIDAYS 8.1 Legal holidays observed by Part Time Civil Service permanent and probationary employees of the City of Santa Ana are as follows: o January I - New Year's Day. o Third (3`a) Monday in January - In observance of Martin Luther King, Jr.'s Birthday. 20 25C -22