HomeMy WebLinkAboutD-2341-16 Disaster Relief Overtime PaySponsor(s): Councilors Finkam and Carter
ORDINANCE D-2341-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTION 2-40(d)(6)
OF THE CARMEL CITY CODE
Synopsis: This ordinance allows exempt employees participating in disaster relief outside
the City of Carmel to be paid overtime wages when the amount of such wages will be
. reimbursed to the City by a federal, state or local government agency.
WHEREAS, The City of Carmel has established a policy that allows exempt employees
to receive compensatory time for a limited number of overtime hours; and;
WHEREAS, the policy does not allow exempt employees to be paid for overtime hours,
nor to cash out their compensatory time off; and
WHEREAS, situations arise in which, due to a disaster, the City will be reimbursed by
federal, state and/or local agencies only if the overtime is paid to the exempt employees
participating in disaster relief outside of the City; and
WHEREAS, the City wishes to maximize the use of resources from outside agencies to
ensure that its employees are fairly compensated when assisting with disaster relief efforts
outside of the City.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Chapter 2, Article 3, Division 11, Section 2-40(d)(6) of the Carmel City Code,
should be and the same is hereby amended to read as follows:
"(6) Exempt employees; compensatory time.
a) Exempt employees are expected to work the hours necessary to fulfill their
responsibilities, and are not entitled to overtime pay.
b) Exempt employees shall receive compensatory time off, on an hour -for -hour basis, for
hours actually worked over 40 in a regular work week. Exempt employees shall not receive
compensatory time off for hours worked in excess of 371/2 but less than 40 in a regular
workweek.
Ordinance D-2341-16
Page One of Three
This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 12/7/16 at 11:19 a.m.
No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
SAORDINANCESUOMD-2341-16 Exempt OT Payout Exception Ordinance Legal Revisions Clean.docx
Sponsor(s): Councilors Finkam and Carter
c) Exempt employees may not at any time accrue more than 50 hours of compensatory
time off. Once an employee accrues 50 hours, all further accruals cease until the balance
drops below 50 hours. Except, however, that exempt golf course employees may earn an
unlimited amount of compensatory time off during the golf season (March 1 through
December 1).
d) All accrued compensatory time off may be carried forward -indefinitely, except that golf
course employees must use all hours earned during each golf season prior to March 1 of the
year immediately following. All compensatory time off not used by March 1 shall be
forfeited. Exempt employees are not entitled to be paid for accrued compensatory time off
while employed by the City or at the time of separation from the City. Except, however,
exempt employees who participate in disaster relief outside of the City may be paid the
straight time rate for hours worked in excess of 40 in a work week if the pay is being
reimbursed by another federal, state or local government agency on an hour for hour basis."
Section 3. The remaining provisions of City Code Section 2-40 are not affected by this
Ordinance and shall remain in full force and effect.
Section 4. Should any provision or portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected
so long as they can, without the invalid provision, be given the effect intended by the Common
Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable.
Section 5. All prior City ordinances or parts thereof that are inconsistent with any
provision of this Ordinance are hereby repealed as of the effective date of this Ordinance.
Section 6. This Ordinance shall be in full force and effect from and after the date of
its passage, execution by the Mayor, and publication as required by law.
Ordinance D-2341-16
Page Two of Three
This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 12/7/16 at 11:19 a.m.
No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
SAORDINANCESQ016\13-2341-16 Exempt OT Payout Exception Ordinance Legal Revisions Clean.docx
Sponsor(s): Councilors Finkam and Carter
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PASSED by the Common Council of the City of Carmel, Indiana, this day of
(-)t 111 , 2016, by a vote of ayes and 0 nays.
COMMON COUNCIL FOR THE/CITYCARMEL
Ron d E. Carter, President evin D. Rider
Sue q5am, Vilresi ent
Laura D. Campbell
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,,, Presented by me to the Mayor of the City of Car
S, ��(N ►�'� h f' 2016, at
Approved by me, Mayor of the City of Carmel,
,i r -p M_ 1— 2016, at I -?—, sr P M.
Christine S. Pduley, Clerk -
Ordinance D-2341-16
Page Three of Three
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this CJ da
S. PaOey, Clerk -
this '20+1y of
Mayor
This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 12/7/16 at 11:19 a.m.
No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
S:\ORDINANCES\2016\D-2341-16 Exempt OT Payout Exception Ordinance Legal Revisions Clean.docx