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6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee <br />benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance <br />benefits), toward the completion of probationary period, or to progression within salary <br />rate range. <br />6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to dose, <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 from <br />off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2) times the <br />normal hourly pay rate, or double times the normal hourly pay rate for City -observed <br />holidays, for such employee for time actually worked after reporting to the place of duty, <br />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, 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 lie or she shall determine <br />to protect life and property within the City. <br />6.9 Applicability of Pair 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 />6.10 Court Appearance. Compensation for court appearance by employees covered by this <br />MOU shall be as follows: <br />A. For each required court appearance, including but not limited to, depositions, <br />meetings, interviews made by an employee during his or her off-duty time in regard <br />to City business, said employee shall be paid overtime for the period of time from <br />their arrival at court until they are released from court or the court session closes <br />for that day. However, in no case shall an employee receive less than two (2) hours <br />overtime for a court appearance. If separate court appearances are made both in the <br />morning and afternoon of a particular day, a minimum of two (2) hours overtime <br />will be allowed for each session attended. If the employee is not released from a <br />morning session and must remain available for afternoon court, the employee shall <br />be paid overtime for all hours the court is in session that day. <br />The employee must provide a copy of the subpoena requiring his or her attendance <br />to initiate payroll procedures. <br />29 <br />25B-31 <br />