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D. Rank -for -Rank Overtime: The Department agrees that any day to day vacancies, not covered in MOU Section 23C, overtime will be assigned on a rank -for -rank basis unless an individual of equal rank is not available to fill the position; then a pre -signed up qualified actor will be used to prevent a mandate or prevent the breaking of staffing rules. These Short -Term Acting assignments are intended to fill day-to-day vacancies that are for 10 -shifts or less. If there is no one available through the pre -sign up system, then mandatory overtime within the rank will be utilized. The operational procedures of acting assignments are outlined in department policy. In the case of an emergency and an officer and/or fire engineer is unavailable to be contacted, an acting assignment may be used to fill these ranks. The procedures pertaining to the selection of the employee for an acting position shall be followed. (See Section 23.A. of this M.O.U.). Nothing in the MOU shall be construed to prevent the Department from filling short term day-to-day vacancies with available on -duty relief pool/overstaff personnel within rank/classification on a non -overtime basis. The Parties agree that LPFD may implement General Order 200.01 attached as Appendix D to this contract. 7.4 Overtime Maximum Limit Effective August 1, 2007, the maximum amount of shift -fill overtime will be eliminated. The Fire Chief will determine whether shift -fill overtime is limited to a specific number of shifts per month or year. Any such decision shall be based solely on safety concerns, operational need and the existence of unusual occurrences that may require the Department to extend personnel resources. Any decision to limit shift -fill overtime shall be discussed with the Union prior to implementation. Section 8. Department Related Court Time Employees who are required to appear in court during their off-duty time to testify about a work-related matter shall be compensated at their eight (8) hour overtime rate for all such time and shall receive a minimum of three (3) hours for court appearances in any assigned local court serving the cities of Livermore and Pleasanton (currently the East County Hall of Justice in Dublin) and four (4) hours for court appearances outside the assigned local court serving the cities of Livermore and Pleasanton. Section 9. Holiday Pay Section 9.1 Holiday In Lieu Employees assigned to twenty-four (24) hour shift schedules shall receive holiday in lieu pay without regard for when holidays occur or whether such employees actually work on recognized holidays. This compensation shall be seven and one-half percent (7.5%) of the employee's base salary at time of payment, plus special compensation as defined by PERS; except PERS-able FLSA overtime, uniform allowance, EPMC, and exclusive of any overtime. Holiday in lieu pay shall be paid on a prorated and bi-weekly basis. Holiday in lieu pay will be reported as special compensation within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of the CalPERS regulations and/or as defined 12