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Home My WebLink AboutD-2516-20 City's Civilian Employee Plan for Coronavirus • SPONSOR(S): Councilors Campbell, Finkam and Worrell ORDINANCE NO.D-2516-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, ADDING CHAPTER 2,ARTICLE 3,SECTION 2-59 AND CHAPTER 2,ARTICLE 3, SECTION 2-86 TO THE CARMEL CITY CODE Synopsis: This ordinance is designed to facilitate the ability of the City's civilian employees to manage their work and family obligations should they be affected by the coronavirus and to help ensure that City services are not disrupted and the City's interests are protected. WHEREAS, pursuant to Indiana Code Sections 36-1-3-5 and 36-1-3-6, the City of Cannel, Indiana ("City") has the authority to exercise all powers necessary for the effective operation of the local affairs of government, and to adopt ordinances requiring a specific manner for exercising those powers; and, WHEREAS, the Mayor and the Common Council of the City ("Council") recognize the need to now adopt certain interim policies that will allow its civilian employees to manage their work and family obligations should they be affected by the coronavirus ("COVID-19") and to thereby help protect the health, safety, and welfare of all City residents and guests. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Cannel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Carmel City Code Section 2-59 should be and the same is hereby added to the Carmel City Code and shall read as follows: "§ 2-59 COVID-19 Leave. (a) The purpose of COVID-19 Leave is to provide additional paid leave for certain civilian City employees who face direct and verifiable exposure to COVID-19, who have been directed to self- quarantine, and/or must provide care to their school-age children when classes are cancelled. COVID-19 Leave will not be authorized based upon fear, speculation, or unverified rumor. (b) COVID-19 Leave is available to certain civilian City employees only. The Chief of Police and Fire Chief will develop COVID-19 policies for the City's sworn police officers and firefighters. (c) Each full-time civilian City employee will be given a COVID-19 Leave bank of 75 hours, which may be increased or decreased in the City's sole discretion. (d) Each part-time civilian City employee will be given a COVID-19 Leave bank of 60 hours, which may be increased or decreased in the City's sole discretion. (e) Seasonal and temporary civilian City employees are not eligible for COVID-19 Leave. This Ordinance was prepared by Douglas Haney, Carmel Corporation Counsel, on 3/16/20 at 12:31 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Haney. C:\Users\jquinn\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LW4LSV51\COVID-19 Ordinance Final Draft.rev 3.13(002).docx SPONSOR(S): Councilors Campbell, Finkam and Worrell • (f) All COVED-19 Leave authorized and taken by an employee will be deducted from his or her COVID-19 Leave bank. Employees will be provided special pay codes to record this time. All COVID-19 Leave bank hours not used will be forfeited. (g) Any employee who is denied COVED-19 Leave is free to use his or her accrued paid time off ("PTO") leave, except that an employee may not use COVED-19 Leave alone or in combination with PTO or sick leave to record more than 37.5 hours during any workweek. (h) COVID-19 Leave may be taken prior to the use of an employee's PTO or sick leave. (i) COVID-19 Leave may be authorized in the following circumstances: 1) An employee's minor child/children attend a school, pre-school, or a daycare facility that is closed due to COVID-19, and the parent needs to care for the child/children. 2) An employee or a member of his or her household or immediate family has tested positive for COVID-19. 3) An employee or a member of his or her household or immediate family is presenting symptoms of COVED-19 or has worked, attended school, pre-school, or a daycare facility, or has otherwise had sustained contact with a person who has tested positive for, or has been otherwise diagnosed as having, COVID-19 . 4) An employee or a member of his or her household has recently returned from a foreign country that has received a CDC Level 3 Travel Health Notice and is thereby advised to self- quarantine. 5) An employee or a member of his or her household or immediate family is informed by a public health agency that he or she has been exposed to another person who has tested positive for COVED-19. 6) An employee at elevated risk due to pregnancy, age (over 65), compromised immune system, or chronic health condition who has been advised by a doctor or other health care professional to self-quarantine. (j) All COVED-19 Leave shall be subject to the following conditions: 1) Employees who are healthy and have not been exposed to the COVED-19 virus are expected to report to work as scheduled unless they are able to perform their essential job functions from home and their off-site work has been approved by their department director. Ordinance D-2516-20 Page Two of Five Pages This Ordinance was prepared by Douglas Haney, Carmel Corporation Counsel, on 3/16/20 at 12:31 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Haney. C:\Users\jquinn\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LW4LSV51\COVID-19 Ordinance Final Draft.rev 3.13(002).docx SPONSOR(S): Councilors Campbell, Finkam and Worrell 2) Unless an employee on COVID-19 Leave is himself or herself diagnosed with COVID-19, he or she will be considered "on call" during his or her regularly scheduled work hours and must make him or herself reasonably available by phone or email to his or her supervisor. If it is determined that certain of the employee's job duties can be performed off-site, the employee is expected to perform them while on COVID-19 Leave. 3) While on COVED-19 Leave, an employee may not work or earn compensation from any other source during his or her regularly scheduled work hours. 4) Consistent with the ADA and other applicable laws, rules, regulations, and directives, an employee may be required to provide evidence of his or her eligibility for COVID-19 Leave at any time before or during such leave. 5) All documentation provided to the City to justify COVID-19 Leave will be treated as "confidential" and will be shared with management officials on a need-to-know basis only. 6) The City strongly discourages speculation as to whether an employee is or is not on COVID- 19 Leave, and will take appropriate disciplinary action against any employee who spreads unsubstantiated rumors about the reason why any City employee is absent from the workplace 7) Except as specifically set forth herein, this Section shall have no effect on the City's laws, rules, policies, and procedures, which remain in full force and effect." Section 3. Carmel City Code Section 2-86 should be and the same is hereby added to the Cannel City Code and shall read as follows: "§ 2-86 City COVID-19 Policy. (a) In the event local schools are closed due to the coronavirus ("COVED-19"), City employees or • their families are exposed to COVED-19, or other circumstances dictate, and in the Mayor's sole discretion, some or all of the following policies may be put into effect: (1) Civilian employees will receive paid time off for authorized COVED-19 leave pursuant to City Code Section 2-59. (2) FMLA paperwork will be streamlined for COVID-19 on a case-by-case basis. (3) Department directors will determine which and for how long a job or job duty can be performed off-site. Ordinance D-2516-20 Page Three of Five Pages This Ordinance was prepared by Douglas Haney, Carmel Corporation Counsel, on 3/16/20 at 12:31 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Haney. C:\Users\jquinnWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LW4LSV51\COVID-19 Ordinance Final Draft.rev 3.13(002).docx SPONSOR(S): Councilors Campbell, Finkam and Worrell (4) Department directors will determine the staffing needs of their department and take such actions as are necessary or prudent to ensure that City services are not disrupted and the City's interests are protected. (5) Employee business travel to certain areas may be cancelled or postponed. (6) Employees who exhibit symptoms consistent with the COVID-19 virus may be sent home and, if sent home, shall be entitled to use their COVID-19 Leave bank to cover all or a portion of their time away from work due to their COVID-19 virus symptoms. (7) The City may require an employee reasonably believed, based upon objective evidence, to pose a direct threat to be cleared by a doctor or other health care professional before returning to work. (b) The Mayor, in his sole discretion, will determine if and when this COVID-19 policy will be put into effect, and its duration, and will communicate these decisions to City employees through the Director of Human Resources." Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor. [Remainder of page intentionally left blank] • Ordinance D-2516-20 Page Four of Five.Pages This Ordinance was prepared by Douglas Haney, Carmel Corporation Counsel, on 3/16/20 at 12:31 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Haney. C:\Users\jquinnWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LW4LSV51\COVID-19 Ordinance Final Draft.rev 3.13(002).docx SPONSOR(S): Councilors Campbell, Finkame and Worrell �PASS D by the Co on Council of the City of Carmel, Indiana, this , ay of/"� 1 , 2020, by a vote of ayes andU nays. C MMON CO CIL FO'00 CITY OF CARMEL , :izczA.A...,zr_ A o 1,- , / Laura D. Campbell, President i ! ice-P.,,::ident -I 13 I 4 'dirii Ai H. Bruce ' ball Ke,•.D. ' f� r 401° / Anthony -- ,. `� Jeff rig f4.• - I Timothy(J. H. Miles Nelson Adam Aasen ATTEST:�� Sue Wolfgang, erk 411 Presented by me to the Mayor of the City of Carmel, Indiana this /6 day of GkLCA 2020, at ' :Ocr g .M. Sue Wolfgang, Cle Approved by me, Mayor of the City of Ca el, Indiana, this day of /'10 el) 2020, at - •O t.M. , J es Brainard, Mayor ATTEST: Sue Wolfgang, Clerk/ Ordinance D-2516-20 Page Five of Five Pages This Ordinance was prepared by Douglas Haney, Carmel Corporation Counsel, on 3/16/20 at 12:31 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Haney. C:\Users\jquinn\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\LW4LSV51\COVID-19 Ordinance Final Draft.rev 3.13(002).docx