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insurance benefits), toward the completion of probationary period, or to progression <br />within 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 MOU 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 1/2) <br />times the normal hourly pay rate for such employee for time actually worked after <br />reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever <br />is greater. <br />6.8 Declaration of State of Emer ency. 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 regular full -time 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 />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 MOU; however, no such changes shall be made except on mutual agreement. <br />6.10 Court Ap earance. 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 his or her off - <br />duty titre in regard to City business, said employee shall be paid overtime for the <br />period of time from their arrival at court until they are released from court or the <br />court session closes for that day. However, in no case shall an employee receive <br />less than two (2) hours overtime for a court appearance. If separate court <br />appearances are made both in the morning and afternoon of a particular day, a <br />minimum of two (2) hours overtime will be allowed for each session attended, If <br />the employee is not released from a morning session and roust retrain 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 his or her <br />attendance to initiate payroll procedures. <br />B. A subpoenaed employee scheduled to appear in court on City business during off - <br />duty time may be. placed on standby status by the Department Head or his or her <br />authorized representative if the employee can respond to the court, if called, <br />30 <br />25A -34 <br />