rn 0 S (r ,(Olu L (R-2026-468) R ESO L UTIO N N U M BER R- 316834 DA TE OF FIN A L PASSA GE JU N 1 8 2026 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO APPROVING THE CITY JOB CLASSIFICATIONS THAT ARE ELIGIBLE FOR OVERTIME COMPENSATION IN FISCAL YEAR 2027. RECITALS The Coun cil ofthe City of San Diego (Coun cil) adopts this Resolution based on the followin g: A.

Coun cil Policy 300-02 provides that it is n ecessary for the efficien t an d effective admin istration of the City of San Diego's govern men t to call upon employees to work beyon d their n ormal workin g hours in certain circumstan ces, with the n eed for overtime to be determin ed by the Mayor or design ee, or in depen den t departmen t directors, in accordan ce with con trollin g law. B.

The San Diego City Coun cil (Coun cil) has established local overtime rules for certain employees, as specified in Coun cil Policy 300-02, Person n el Man ual In dex Code H-4, an d memoran da of un derstan din g between the City an d its recogn ized employee organ ization s approved by the Coun cil. C. Local overtime is City-authorized workin g time beyon d an employee's n ormally scheduled hours.

Un der these local overtime rules, the City distin guishes between "regular rate overtime," which is compen sation for overtime worked at the employee's "base rate" of pay, an d "premium rate overtime," which is compen sation at on e an d on e-halftimes the employee's "base rate" of pay. -PAGE 1 OF 6- n

(R-2026-468) D. In Garcia v. San A n ton io M etropolitan Tran sit Authority, 469 U.S. 51 (1985), the Un ited States Supreme Court con cluded that the Fair Labor Stan dards Act (FLSA), at 29 U.S.C. §§ 201-219, which sets forth federal min imum wage an d overtime provision s, is applicable to states, cities, an d local agen cies, in cludin g the City. E.

The FLSA gen erally requires the City to pay those employees covered by the FLSA with overtime pay for hours worked over 40 in a workweek, which is defin ed as an y fixed an d regularly recurrin g period of 168 hours or seven con secutive 24-hour periods, at a rate of n ot less than on e an d on e-half times the regular rate of pay as that term is defin ed by the FLSA. F.

In accordan ce with the FLSA an d its regulatory provision s promulgated by the Un ited States Departmen t of Labor, certain employees are design ated as exempt from FLSA-required overtime pay, if they meet min imum requiremen ts related to their primary job duties an d they are paid on a salary basis of n ot less than the min imum amoun ts as specified in the regulation s. G. The curren t min imum salary amoun t to design ate an employee salaried an d exempt from the FLSA is $684 per week. H.

The Civil Service Commission design ates classification s in the Classified Service that are covered by an d exempt from local overtime rules an d the FLSA. These design ation s must be approved by the Coun cil in accordan ce with San Diego Charter

section s 11.1 an d 130 an d Coun cil Policy 300-02. I. The Coun cil wishes to approve the job classification s in the Classified Service that are eligible for overtime compen sation , which are set forth in Adden dum A of Person n el Man ual In dex Code H-4, titled Attachmen t A - Overtime, on file in the Office of the City Clerk as Documen t No. RR- 31 834. -PAGE 2 OF 6-

®2026-468) J. This Resolution is in ten ded to be con sisten t with the overtime provision s set forth in the Fiscal Year 2027 Salary Ordin an ce. K. The Coun cil also in ten ds to en sure that the City complies with local rules an d the FLSA in compen satin g employees in the Un classified Service. L. Un der the City's rules, employees in the Un classified Service are n ot eligible for local overtime as lon g as they are paid on a regular, biweekly, salaried basis for on e-half, three-quarter, or full-time work.

As set forth in the Fiscal Year 2027 Salary Ordin an ce, these employees will be paid for absen ces of less than on e day, with n o deduction from the employee's pay, leave credits, or other mon etary amoun ts made to recover the cost of the absen ce, un less the deduction is required by law. M. Un der the City's rules, employees in the Un classified Service are compen sated for overtime i f they are design ated to be paid on an hourly basis. N.

The FLSA, at 29 U.S.C. § 203(e)(2)(C), expressly excludes those City employees, who are n ot subject to the City's civil service provision s, an d who (1) hold City elective office, (2) are selected by an elective officer to be a member of their person al staff, (3) are appoin ted by a City elective officer to serve on a policymakin g level, (4) serve as an immediate advisor to an elective officer on con stitution al or legal powers of the office, or (5) are employees in the legislative bran ch or body of the City. 0.

In accordan ce with this defin ition , the Coun cil ackn owledges that the followin g classification s are excluded from the FLSA an d its regulatory provision s, in cludin g those defin in g overtime eligibility, an d are n ot en titled to overtime un der an y circumstan ces: Assistan t to Mayor (UC 2120) Mayor Represen tative I (UC 2165) -PAGE 3 OF 6-

R-2026-468) Prin cipal Assistan t to Mayor (UC 2174) Mayor Represen tative II (UC 2178) Prin cipal Assistan t to City Attorn ey (UC 2182) Coun cil Represen tative I (UC 2211) Coun cil Represen tative II (UC 2212) Coun cil Represen tative III (UC 2213) Coun cil Assistan t (UC 2133) Assistan t Executive Services Director (UC 2128) Executive Service Director (UC 2156) Con fiden tial Secretary to City Attorn ey (UC 2205) Con fiden tial Secretary to City Coun cil (UC 2206) Con fiden tial Secretary to Mayor (UC 2208) Coun cil Committee Con sultan t (UC 2210) Sen ior Coun cil Committee Con sultan t (UC 2223); an d P.

The Coun cil authorizes the Mayor, in con sultation with the Person n el Director, Comptroller, an d City Attorn ey, to make an y n ecessary adjustmen ts to overtime calculation s in Fiscal Year 2027 to en sure complian ce with the FLSA, in cludin g applicable regulation s an d case law in terpretin g the statute. Q. The Office ofthe City Attorn ey prepared this Resolution based on the in formation provided by City staff, in cludin g in formation provided by affected third parties an d verified by City staff, with the un derstan din g that this in formation is complete an d accurate. -PAGE 4 OF 6-

(R-2026-468) ACTION ITEMS

Be it resolved by the Coun cil ofthe City of San Diego: 1. The Coun cil approves the job classification s in the City's Classified Service that are eligible for overtime compen sation for Fiscal Year 2027, which are set forth in Adden dum A of Person n el Man ual In dex Code H-4, titled Attachmen t A - Overtime, on file in the Office of the C ity C lerk as D ocumen t N o. R R - 316834 . The Coun cil also authorizes overtime compen sation for employees in complian ce with the FLSA. 2.

The Coun cil ackn owledges that, un der 29 U.S.C. § 203, the followin g classification s are excluded from the FLSA an d n ot en titled to overtime un der an y circumstan ces: Assistan t to Mayor (UC 2120) Mayor Represen tative I (UC 2165) Prin cipal Assistan t to Mayor (UC 2174) Mayor Represen tative II (UC 2178) Prin cipal Assistan t to City Attorn ey (UC 2182) Coun cil Represen tative I (UC 2211) Coun cil Represen tative II (UC 2212) Coun cil Represen tative III (UC 2213) Coun cil Assistan t (UC 2133) Assistan t Executive Services Director (UC 2128) Executive Service Director (UC 2156) Con fiden tial Secretary to City Attorn ey (UC 2205) Con fiden tial Secretary to City Coun cil (UC 2206) Con fiden tial Secretary to Mayor (UC 2208) -PAGE 5 OF 6-

(R-2026-468) Coun cil Committee Con sultan t (UC 2210) Sen ior Coun cil Committee Con sultan t (UC 2223). 3. The Coun cil authorizes the Mayor, in con sultation with the Person n el Director, Comptroller, an d City Attorn ey, to make an y n ecessary adjustmen ts to overtime calculation s or Attachmen t A in Fiscal Year 2027 to en sure complian ce with the FLSA, in cludin g applicable regulation s an d case law in terpretin g the statute. APPROVED: HEATHER FERBERT, City Attorn ey A By g Thomas J. rady Sen ior Deputy City Attorn ey TJB:jvg May 5,2026 Or.Dept: Human Resources Doc.

No. 4420030 I certify that the Coun cil of the City of San Diego adopted this Resolution at a meetin g held on JUN 10 R 71 176 DIANA J.S. FUENTES City Clerk By ( putý/City Cletb/ Approved: A - (date) TODD GL , Mayor Vetoed: (date) TODD GLORIA, Mayor -PAGE 6 OF 6-

JUN 1 62026 Passed bythe Coun cil of The City of San Diego on, by the followin g vote: Coun cilmèmbersYeas Nays Not Presen tRecused Joe LaCava Jen n ifer Campbell Stephen .Whitburn H en ry Foster 111 1 M arn i von Wilpert Ken t Lee Raul A. Campillo Vivian Moren o Sean Elo-Rivera 0 L Date offin al passageJUN 1 8 2026 (Pease n ote: When a resoluton is approved by the Mayor, the date of fn a! passage is the date the approved resoution was return ed to the Office of the City Cerk.) AUTHENTICATED BY: TODD GLORIA Mayor of The City of San Diego, Californ ia. (Seal) DIANA I.S.

FUENTES City Clerk of The City of San Diego, Californ ia. , Deputy Office ofthe City Clerk, San Diego, Californ ia R esolution N umber R - 316834