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HomeMy WebLinkAboutD-2485-19 Disaster Relief Reimbursement from FEMA Sponsor: Councilor Worrell ORDINANCE D-2485-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,AMENDING CHAPTER 2,ARTICLE 3,DIVISION 2-40(6)(d) 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 at the reimbursement rate of a federal, state or local government agency. WHEREAS, in 2016, the Cannel Common Council adopted Ordinance D-2341-16, which enabled exempt employees participating in disaster relief outside the City of Carmel to be paid overtime wages when those wages will be reimbursed to the City by a federal, state or local government agency; and WHEREAS, the current ordinance does not enable exempt employees to be paid at the reimbursement rate allowed by outside agencies for overtime wages; and WHEREAS, the City wishes to maximize the use of resources available from outside agencies. 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 I, 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 37'/2 but less than 40 in a regular workweek. Ordinance D-2485-19 Page One of Three Pages Sponsor: Councilor Worrell 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 reimbursement rate for hours worked in excess of their required weekly hours if the pay is being reimbursed by another federal, state or local government agency." 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. Ordinance D-2485-19 Page Two of Three Pages Sponsor: Councilor Worrell PASSED by the Common Council of the City of Carmel, Indiana this day of 2019, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Jeff , President o G n alL-UUZfj) v l /<--J-cig3 Laura D. Campbell, Vice-Presidert H. Bruce Kimball - .. aid E. Carter evin D. Rider 1;01' A " EST. Christine S. Pauley lerk-Treasuri Pre ted y me to the Mayor of the City of Carmel ndiana this If ay 2019, at 2/9/YLi Christi e S. Pauley, Cle -Treasurer Approved by me, Mayor of the City o arm el, Indiana, t is I day of 2019, at . 4'L James rainard, Mayor A S C ' ' e S. Pauley, erk-Treasurer Ordinance D-2485-19 Page Three of Three Pages