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compensated for any overtime accumulated to the time immediately preceding <br />such promotion or separation. <br />6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee <br />benefits (retirement, vacation, and sick leave accrual), toward the completion of <br />probationary period or to progression within a salary rate range. <br />6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, <br />the Department Head or his or her designee shall arrange work programs to minimize <br />overtime work. Necessary overtime work shall be apportioned among employees of like <br />classification and assignment. <br />6.7 Call -Back Duty. Any employee covered by this Agreement who is recalled to active duty <br />from off -duty, shall be entitled to overtime pay at the rate of one and one -half (1 ''/2) times <br />the normal hourly pay rate for such employee for time actually worked after reporting to <br />the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater. <br />6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, <br />strike, riot or other catastrophe or emergency which directly affects City operations or the <br />welfare of the City's citizens, the City Manager may declare a state of emergency to <br />exist. Upon the declaration of a state of emergency, the City Manager may require any or <br />all Part Time Civil Service employees of the City to work overtime or off -shift as he or <br />she shall determine to protect life and property within the City. <br />6.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of <br />the Fair Labor Standards Act to local governmental entities is eliminated by either <br />legislative or judicial action, they shall meet and confer regarding any proposed changes <br />to this Agreement; however, no such changes shall be made except on mutual agreement. <br />ARTICLE VII <br />7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM <br />(NOT APPLICABLE) <br />ARTICLE VIII <br />8.0 HOLIDAYS <br />8.1 Legal holidays observed by Part Time Civil Service permanent and probationary <br />employees of the City of Santa Ana are as follows: <br />o January 1 - New Year's Day. <br />o Third (3`d) Monday in January - In observance of Martin Luther King, ,Tr.'s Birthday. <br />20 <br />