AGO 2003-04.

• Case Date: May 27, 2003
• Court: Indiana

Indiana Attorney General Opinions 2003. AGO 2003-04. May 27, 2003OPINION NO. 2003-4Charles Johnson, III, C.P.A. State Examiner State Board of Accounts 302 W. Washington St. 4th Floor, Room E148 Indianapolis, IN 46204-2765 Re: Compensating Firefighters for Substituted HoursDear Mr. Johnson: You requested our opinion on whether it is permissible for a firefighter to receive compensation for hours a volunteer firefighter substituted for that of another firefighter who worked in his place and did not receive compensation. You also requested that our opinion specifically address 29 C.F.R. 553 ("Application of the Fair Labor Standards Act to Employees of State and Local Governments"), in addition to any other applicable statutes, rules or regulations. BRIEF ANSWER It is our opinion that the practice of "Exchange of Work Time" set forth in the Collective Bargaining Agreement, Article 14, ("CBA, Article 14"), between Firefighters Union Local #1348 and the City of Muncie, is not in violation of federal statutes. FACTS The audit report of the City of Muncie, filed with the State of Indiana on September 15, 1999, contained an audit result and comment regarding the substitution of working hours by firefighters, with the approval of their superiors. The findings in the audit report indicated that the firefighters had other firefighters ("volunteer firefighters") substitute for them; however, these firefighters did not reciprocate those substituted hours performed by the volunteer firefighters. The firefighters that did not work received compensation for those hours not worked. However, the volunteer firefighters were not compensated for the substituted hours worked. The audit report also contained information concerning whether paragraph 2 of the CBA, Article 14 is in violation of Indiana statute. CBA, Article 14, paragraph 2, reads as follows:

All Fire Fighters shall be allowed to exchange working time, subject to the approval of their Lieutenant and/or their Captain and/or Battalion Chief and/or Deputy Chief of DEPARTMENT, and/or Chief and/or Chief of DEPARTMENT provided that the Fire fighter with whom the exchange is made is deemed qualified to perform the duties to be exchanged. No Fire fighter shall receive additional compensation for working out of classification.

Fire fighters shall be limited to a maximum of up to (10) ten exchanges or substitutions, without a requirement to reciprocate the (10) ten exchanges or substitutions per calendar year. This restriction does not affect the right of fire fighters to exchange or substitute fully reciprocated working time.

Under the facts as presented by the State Board of Accounts, we conclude that the contract provisions concerning compensating firefighters for hours not actually worked set forth in paragraph 2 of the CBA, Article 14 between Local #1348 and the City of Muncie are not in violation of federal statutes or regulations. LEGAL ANALYSIS Our analysis of the legality of firefighters not reciprocating substituted hours worked by other firefighters and...