HomeMy WebLinkAboutNS-1196ORDINANCE NO. NS-1196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANAAMENDING SECTION 9-187 OF THE SANTA
ANA MUNICIPAL CODE TO PROVIDE FOR OVERTIME PAY
FOR EACH COURT APPEARANCE AND STAND-BY BY A CITY
EMPLOYEE DURING HIS OFF-DUTY TIME IN REGARD TO
CITY BUSINESS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Sec. 9-187 in Chapter 9, Article VII,
of the Santa Ana Municipal Code is hereby amended to read as
follows:
Sec. 9-187. City personnel, court appearance.
compensation for court appearances by city employees
shall be as follows:
(a)
For each court appearance made by an employee dur-
ing his off-duty time in regard to city business
three (3) hours overtime will be granted and paid
on a straight time basis. If court appearances
are made both in the morning and afternoon of a
particular day, three (3) hours will be allowed
for each session attended. The employee must pro-
vide a copy of the subpoena requiring his atten-
dance to initiate payroll procedures. Such per-
sonnel may not receive time off with pay as com-
pensation for overtime accrued as the result of
court appearances.
(b)
A subpoenaed employee scheduled to appear in court
on city business during off-duty time may be placed
on stand-by status by his department head or autho-
rized representative. In the even such off-duty
employee is on stand-by status during any court
session and is not required to appear in court,
such employee shall be compensated two hours over-
time , paid on a straight time basis, for each court
session. If such off-duty employee on stand-by actually
appears in court, he shall be compensated only as
provided in sub-section (a) above. Any employee on
stand-by status who fails to appear in court ready
to testify within thirty (30) minutes after notifi-
cation to appear shall not receive compensation for
either stand-by or for appearance.
Notwithstanding sub-sections [a} and [b}, whenever
an employee either commences or terminates his on-
duty shift while he is appearing in court or is on
stand-by status, his sole compensation for off-duty
time spent in court or on stand-by shall be on a
straight time basis paid in half-hour increments.
ORDINANCE NO. NS-1196
PAGE TWO
SECTION 2: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the deci-
sion of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or
more sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION 3: The Clerk of the Council shall certify to the
passage of this ordinance and cause the same to be published
in some daily newspaper printed and published in the City of
Santa Ana.
SECTION 4: This Ordinance shall take effect thirty (30)
days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of
Santa Aha at its regular meeting held on the 18 day of
March , 1974.
ATTEST:
ORDINANCE NO. NS-1196
PAGE THREE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SANTA ANA
ss
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
going Ordinance was introduced to said Council at its adjourned
regular meeting held on the 11 day of March ,
1974, and was again considered by said Council at its regular
meeting held on the 18 day of March , 1974,
and was at said meeting passed and adopted by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
Griset, Yamamoto, Markel, Garthe,
Patterson, Evans, Ward
None
ABSENT, COUNCILMEN: None