8-23-201 - Compensation for extra services or overtime Maintenance for certain officers and employees Employees performing duties for other agencies.
8-23-201. Compensation for extra services or overtime Maintenance for certain officers and employees Employees performing duties for other agencies.
(a) (1) No officer or employee in the several departments and agencies of the state government, employed at fixed compensation, shall be paid for any extra services, in an ex officio or other capacity, except:
(A) Officially designated or auxiliary court reporters;
(B) Qualified interpreters of the deaf;
(C) When such officer's or employee's total annual income, including overtime payment, derived from the primary employment is less than eight thousand dollars ($8,000), that officer or employee may hold a part-time position that requires no more than four (4) hours of active duty per working day; or
(D) As herein provided.
(2) This does not, however, prevent payment of compensation to state employees for hours worked in excess of the normal work week when such extra work is performed at the direction of the supervising department or agency head, authorized in advance by the commissioner of personnel and approved in advance by the commissioner of finance and administration. Neither this additional compensation nor compensatory time shall be available to the following persons:
(A) Officials whose salaries are provided by § 8-23-101;
(B) Officials whose salaries are based on those provided for in § 8-23-101;
(C) All persons employed at the executive grade levels;
(D) The executive director or chief executive of any department or agency; and
(E) Any executive of a state entity whose salary is set by a board or commission.
Compensation to other state employees, including those compensated under the doctors and dentists pay plan, for hours worked in excess of the normal work week shall only be provided under policies prepared by the commissioner of personnel and the commissioner of finance and administration and in consultation with the comptroller of the treasury and the attorney general and reporter.
(3) Nothing in this section shall be construed to require the payment of overtime to any officer or employee except under circumstances in which overtime would be paid otherwise.
(b) State officers and employees subject to appointment by the department of personnel shall be provided maintenance, including, but not limited to, housing and meals, only under policies prepared by the commissioner of finance and administration in consultation with the commissioner of personnel, the comptroller of the treasury, and the attorney general and reporter.
(c) The commissioner of finance and administration, in consultation with the commissioner of personnel and with the approval of the attorney general and reporter and the comptroller of the treasury, is hereby authorized to promulgate rules and regulations establishing procedures for allowing state employees to perform duties for agencies other than the one with which they are employed by either contract between agencies or by direct payment to the individual. Unless specifically provided otherwise by such rules and regulations, such contracts for services as are entered into shall be subject to the approval of the commissioner of finance and administration and the commissioner of personnel, and a copy filed with the comptroller of the treasury.
[Acts 1937, ch. 33, § 14; C. Supp. 1950, § 255.14; Acts 1973, ch. 92, § 1; 1974, ch. 608, § 1; 1976, ch. 698, §§ 1, 2; 1977, ch. 123, § 2; 1979, ch. 428, §§ 1, 2; T.C.A. (orig. ed.), § 8-2310; Acts 1980, ch. 910, § 1; 1984, ch. 744, § 1.]