HomeMy WebLinkAbout1957-10-14City Conncil met in adjourned regular session.
Meeting called to order by the Mayor.
Present: CounciLmen Royal E. Hubbard, Stanley C. Gould, Jr.,
A.A.Hall, J. Ogden M~rkel, Dale H. Heinly
Absent: CounciLmen None
A previous meeting having been scheduled in the Council Chamber, the City
Council adjourned its meeting to the Mayor's Office on motion of Councilman
Hubbard, seconded by Gould and carried.
Overtime payment to
Police Officers
Council Chamber
Santa ~na City Hall
October 14, 1957.
7:30 P.M.
Mayor Heinly opened the meeting for discussion and reported hearing on the question
of overtime payment to members of the Police Department. Opinion No. 202 of the
City Attorney was read reference status of records of overtime in the Police Depart~
ment and on motion of Councilman Hall, seconded by Gould and carried, the Opinion
was received and filed. City Manager Carl J. Thornton quoted figures that had bee~
compiled since 19~5 on overtime records; prior records having been destroyed.
Subsequent to this time investigation has been made to examine all of the records
available and accurate data has been compiled between 1945 and 1949~ showing 2000
hours for nine employees, but no payment was made. The original intention was not
to pay the overtime but to give compensatory time off when the overtime was ordered
and approved by the Department Head. The legality of the payment was questioned,
as stated in the Civil Service Rules and Regulations and it would not be desirable
for any Administrative Officer to authorize these payments. It was the opinion of
the M~nager that the total number of hours recorded did not represent lO0~ of over-
time work performed by the officers and it would be difficult to determine which was
authorized or ordered. Chief of Police Edward J. Allen said that voluntary overt~
work, by policemen throughout the country, is not compensated by pay and it is im-
possible to keep an accurate account of validated overtime. The officers who have
been with the Department for many ~ears did not expect the overtime pay. Police
Officers were asked their opinions on the matter. Lieutenant Tracy would like the
time off much better than getting paid for it and most of the officers volunteered
overtime feeling it was part of their Job. Detective Fred Prendergast explained
the conditions under which they work and had been told by his superior officer that
overtime cannot be taken off in connection with a holiday or vacation. He further
stated that overtime had been paid when officers resigned from their positions.
Les ~ms, assigned to detective duty, felt that all of the overtime worked was re-
corded and ordered overtime paid and whether it is paid or time off given, it would
still cost the City considerable money. Assistant Chief Forrest L. Duke stated the
large amount of overtime accumulated when the Department was short handed. Con~muni-
cation from the Director of Finance with respect to the payment of overtime was rea~
I
and on motion of Counc~lm~n Hall, seconded by Gould and carried, the communication
was received and filed. Detective Eddie Banks said that he worked until an assign-
ment was completed and if possible checked with Lieutenant Johnson or the man at the
desk. Discussion was had to permit only 40 hours overtime to accumulate and the
fact that detectives are now being paid ~25.00 per month additional for their work.
CounciLman Hubbard was in favor of paying the overtime if it was legal to do so.
Councilman Hall wanted the three Attorneys on the Council and the City Attorney to
make the legal decision. Councilman Markel felt there was a terrific amount of
laxity in the Depsz~bment to permit the overtime to continue to accumulate without a
decision. It was moved by Councilman Gould that the Manager be directed to pay the
overtime as set forth or compensatory time off from July l, 1957, if and when it is
determined by the Attorney and City Council as to its legality. Mation lost for
lack of a second. Councilman Gould wanted the b~nager and City Council to employ
Counsel to render an opinion on the question. It was moved by CounciLman Hubbard
and seconded by Gould that Special Counsel be employed, not to exceed a maximum of
$750.00~ to render an opinion on this matter. Motion and second withdrawn. The
Council agreed to continue the matter until the next regular meeting of the Council.
On motion of Councilman Gould, seconded by Markel and carried, the City Council
ad~ ourned.
APPROVED: j
MAYOR OF THE CITY'OF S~NTA ANA