Director:Chiefs can get overtime

The chief suspects he won't be scheduled to work any more holidays.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
NILES -- The city's police and fire chiefs are entitled to overtime pay when they work holidays, a city law director's opinion says.
Law Director J. Terrence Dull wrote in a letter to Mayor Ralph A. Infante and city Auditor Neil Buccino that they received Friday that the chiefs are "entitled to receive premium pay for the hours worked on those holidays."
"Fantastic," Police Chief Bruce Simeone said when told of the opinion.
The issue was raised earlier this month during a meeting of city council's finance and utilities committees.
Councilman Stephen Papalas, D-at large, finance committee chairman, questioned why an unnamed department head, later identified as Simeone, received time-and-a half pay when he works holidays.
At first blush, Dull said he believed Simeone was not entitled to receive premium pay, but that opinion changed after he reviewed the city ordinances dealing with the chiefs' compensation.
Fire Chief Charles Semple has not received holiday pay because he believes he's not entitled to it.
Thus, Simeone has been the only city department head who has received holiday pay, Buccino said.
Likely change
Based on Dull's opinion, Infante said Safety Director Maurice Guarino will most likely not schedule Simeone to work holidays unless there is a need.
"That's exactly what's going to happen," Simeone said, noting he suspects Papalas will introduce legislation excluding the chiefs from overtime eligibility.
Papalas said it was the intention of council to control spending, including the elimination of overtime unless the chiefs are called out to work on holidays.
The councilman asserted that Semple has "followed the spirit" of council's intention to control spending while Simeone hasn't. He did, however, note that Simeone has kept down overtime to members of his department.
Papalas said he may introduce legislation banning all department heads from receiving holiday pay unless called out.
In forming his opinion, Dull called attention to a 1992 city ordinance that makes the chiefs eligible for premium pay for working holidays.
To buttress his opinion, Dull called attention to two other 1992 ordinances that state that the chiefs' salaries and other compensation, including fringe benefits, should be adjusted to a level equal to those afforded union members in their departments.
This includes, the law director reasoned, receiving overtime holiday pay.
yovich@vindy.com