The School Board of Palm Beach County, Florida

NOTICE OF PROPOSED RULE ADOPTION AND PUBLIC HEARING

RULE TITLE: Overtime/Compensatory Time Off under Certain Circumstances.

RULE NUMBER: Policy 6.12.

PURPOSE AND EFFECT: To update and clarify procedures for compensating nonexempt employees for hours worked in excess of 40 hours in a week.

SUMMARY: The revision would recognize that it is the policy of the District to grant eligible employees the use of compensatory time earned in place of cash payment for hours worked in excess of 40 hours during a work week; requiring supervisors to keep records acknowledging an employee’s awareness of the policy; specifying a maximum number of sixty (60) hours of compensatory time per year (from August 16 of the current year through August 15 of the following year); and requiring that compensatory hours not used during that designated accrual period will be paid to the employee at his/her rate of pay in effect as of the last pay date in August (to be paid by the last pay date in September); recognizing that exempt employees, at the discretion of their department head, may be allowed to work a flexible schedule based on the needs and workload of the department, provided they will continue to work an eighty-hour (80) work schedule during that pay period. If the provisions of a collective bargaining agreement conflict with this Policy, the collective bargaining agreement will prevail.

SPECIFIC RULEMAKING AUTHORITY: Fla. Stat. §§ 1001.41(2); 1001.43(6), (11); 1012.23(1).

LAWS IMPLEMENTED: Fla. Stat. § 1001.43(6); 29 U.S.C. §§ 201-219; 29 C.F.R. § 516; 29 C.F.R. § 548; 29 C.F.R. § 778.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST (optional, if one has been prepared): None prepared. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of the publication of this Notice.

CONTACT PERSON: Darron Davis, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSON ORIGINATING THE PROPOSED RULE REVISION: Joseph Moore.

TEXT OF PROPOSED RULE: Is available from the District's web site at www.SchoolBoardPolicies.com/revisions.htm .

SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Art Johnson.

DATE PROPOSED REVISION WAS APPROVED BY THE SCHOOL BOARD: September 13, 2006.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: August 30, 2006, in The Palm Beach Post.

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on November 1, 2006, anticipated to begin at 2:30 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: A copy of the agenda will be available on October 25 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. This hearing is open to the public.

Publish: October 4, 2006