VILLAGE OF CAPITAN

ORDINANCE 2006-____


AN ORDINANCE AUTHORIZING ON-CALL OR STANDBY COMPENSATION TO VILLAGE EMPLOYEES


WHEREAS, The Village of Capitan is a New Mexico municipality; and

WHEREAS, The Governing Body of the Village of Capitan is charged with making laws to insure the efficient operation of the Village; and

WHEREAS, The Governing Body of the Village of Capitan acted on October 11, 2005 to repeal Title 1, Chapter 7, Section 10:11 of the 2002 Village of Capitan Municipal Code which Section granted a one-half working day off duty to any village employee other than an appointed official for each shift on standby duty; and

WHEREAS, the Governing Body of the Village of Capitan believes it is in the best interest of the Village to adopt an Ordinance that grants any village employee other than an elected official compensation for time spent on-call or on standby duty; and

WHEREAS, The Governing Body of the Village of Capitan does desire to compensate village employees who are assigned on a formal basis to remain available for on-call or standby duty at the rate of ten dollars ($10.00) per every shift of on-call or standby duty; and

WHEREAS, for purposes of this ordinance only, a shift of on-call or standby duty means the period of time beginning when a village employee’s last shift ends until the scheduled hour for his or her next shift to begin.  A shift of on-call or standby duty may also mean any given Friday, Saturday, or Sunday, which days shall be considered independent and separate shifts.

WHEREAS, The Governing Body of the Village of Capitan does desire to compensate village employees who are required to work while on-call or on standby duty at the rate of one and one-half (1.50) times the employee’s regular hourly rate of pay.  The one and one-half (1.50) times the regular hourly rate will only be available when the employee has already completed forty hours of work in the previous seven day period without holiday, vacation or sick leave days.  If a village employee begins an on-call or standby shift and has accumulated less than forty hours in the previous seven day period, the employee will not receive the one and one-half (1.50) times the hourly rate until the employee has completed his or her fortieth hour of work during the on-call or standby shift.
NOW THEREFORE, be it ordained by the Governing Body of the Village of Capitan that:

1.    Title 1, Chapter 7, Section 10:11 of the 2002 Village of Capitan Municipal Code is hereby repealed.
 
2.    All village employees other than appointed officials who are assigned to on-call or standby duty shall be compensated at the rate of ten dollars ($10.00) per every shift of formally assigned on-call or standby duty.

3.    When a village employee other than an appointed official is required to work while on-call or on standby duty, and the employee has accumulated forty hours during the seven day period prior to the on-call or standby shift without holiday, vacation or sick leave, the rate of compensation for work performed shall be one and one-half (1.50) times the employee’s regular hourly rate of pay.

4.    When a village employee other than an appointed official begins an on-call or standby duty shift and has accumulated less than forty hours during the seven day period prior to the on-call or standby shift, the employee will be paid his regular rate of pay until the employee has completed his or her fortieth hour of work during the on-call or standby shift, after which time the employee will receive one and one-half (1.50) times the employee’s regular rate of pay.


PASSED, APPROVED AND ADOPTED THIS 11th DAY OF April, 2006.


_______________________
Sam L. Hammons, Mayor

(SEAL)
ATTEST:

_____________________
Kay Strickland, Village Clerk






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