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HomeMy WebLinkAboutD-2517-20_COVID-19_Policy_Ordinance_(AS_AMENDED) SPONSOR(S): Councilors Campbell, Kimball, Nelson, Rider, Worrell This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on April 2, 2020, at 3:00 P.M. No subsequent revision to this Ordinance has been reviewed or approved by Mr. Legge for legal sufficiency or otherwise. ORDINANCE NO. D-2517-20 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REPEALING CHAPTER 2, ARTICLE 3, SECTION 2-59 AND AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-86 OF THE CARMEL CITY CODE Synopsis: This ordinance is designed to repeal Carmel City Code Section 2-59 and amend Section 2-86, facilitating the ability of the City’s civilian employees to manage their work and family obligations should they be affected by the coronavirus, in accordance with the Families First Coronavirus Response Act, 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 Carmel, 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 Common Council of the City (“Council”) passed Ordinance D-2516-20 on March 16, 2020, adopting certain interim policies that 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; and, WHEREAS, the Families First Coronavirus Response Act came into effect on April 1, 2020; and, WHEREAS, COVID-19 has since been declared a pandemic and is an evolving crisis, necessitating the need for more significant interim changes than previously anticipated. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Carmel City Code Section 2-59 is hereby repealed: “§ 2-59 Reserved for Future Use.” Ordinance D-2517-20 Page One of Five Pages DocuSign Envelope ID: 92FF9221-A6B0-43D1-810B-F8D3DC3AA688 SPONSOR(S): Councilors Campbell, Kimball, Nelson, Rider, Worrell This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on April 2, 2020, at 3:00 P.M. No subsequent revision to this Ordinance has been reviewed or approved by Mr. Legge for legal sufficiency or otherwise. Section 3. Carmel City Code Section 2-86 is hereby amended and shall read as follows: “§ 2-86 City COVID-19 Policy. (a) In the event local schools are closed due to the coronavirus (“COVID-19”), City employees or their families are exposed to COVID-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) FMLA paperwork will be streamlined for COVID-19 on a case-by-case basis. (2) Department directors will determine which and for how long a job or job duty can be performed off-site. (3) 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. (4) Employee business travel to certain areas may be cancelled or postponed. (5) Employees who exhibit symptoms consistent with the COVID-19 virus may be sent home and, if sent home, shall be entitled to use FFCRA Sick Leave. (6) 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. (7) An employee who is available and able to work and has been told to stay home for some or all of his or her normal workweek due to COVID-19 social distancing requirements, shall be paid his or her regular rate of pay and shall remotely perform his or her essential job functions or other assigned duties to the fullest extent as reasonably possible and be available for work related matters via telephone, email, text, or other means of communication, during normal work hours, or as otherwise approved by the employee’s department director. (8) An employee who takes leave under the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act (“FFCRA”) (“FFCRA Sick Leave”) may receive up to his or her full regular pay with no daily or aggregate pay maximum. (9) An employee who takes leave under the Emergency Family Medical Leave Expansion Act of the FFCRA (“Emergency FMLA Leave”) may receive up to his or her full regular pay for weeks three (3) through twelve (12) of the Emergency FMLA Leave with no daily or aggregate pay maximum. Ordinance D-2517-20 Page Two of Five Pages DocuSign Envelope ID: 92FF9221-A6B0-43D1-810B-F8D3DC3AA688 SPONSOR(S): Councilors Campbell, Kimball, Nelson, Rider, Worrell This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on April 2, 2020, at 3:00 P.M. No subsequent revision to this Ordinance has been reviewed or approved by Mr. Legge for legal sufficiency or otherwise. (10) An employee who is not entitled Emergency FMLA Leave under the FFCRA may take up to ten (10) weeks of leave if the employee or a member of his or her household has a documented elevated risk to COVID-19, due to pregnancy, age (over 65), compromised immune system, or chronic health condition, and has been advised by a medical practitioner to self-quarantine (“COVID-19 Quarantine Leave”). During COVID-19 Quarantine Leave an employee may receive up to his or her full regular pay. The Mayor, in his sole discretion, will determine if and when any of the provisions of this subsection will be put into effect, the scope of the provision(s), and the duration, and will communicate these decisions to City employees through the Director of Human Resources. (b) While on leave under this Section or the FFCRA, an employee may not work or earn compensation from any other source during his or her regularly scheduled work hours. (c) 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 leave under this Section or the FFCRA at any time before or during such leave. (d) All documentation provided to the City to justify leave under this Section or the FFCRA will be treated as “confidential” and will be shared with management officials on a need-to-know basis only. (e) 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. (f) Leave policies under this Section are applicable to civilian City employees only. The Chief of Police and Fire Chief will develop leave policies for the City’s sworn police officers and firefighters. (g) FFCRA Sick Leave, Emergency FMLA Leave, or COVID-19 Quarantine Leave may be taken prior to the use of an employee’s PTO or sick leave. Any employee who is denied FFCRA Sick Leave, Emergency FMLA Leave, or COVID-19 Quarantine Leave is free to use his or her accrued paid time off (“PTO”) leave. (h) At no time shall an employee use any leave provided in this Section, alone or in combination with hours worked, to receive his or her overtime rate of pay. (i) Nothing in this Section shall restrict or otherwise infringe on the leave and/or pay benefits provided to employees under the FFCRA. (j) This Section shall expire on December 31, 2020.” Ordinance D-2517-20 Page Three of Five Pages DocuSign Envelope ID: 92FF9221-A6B0-43D1-810B-F8D3DC3AA688 SPONSOR(S): Councilors Campbell, Kimball, Nelson, Rider, Worrell This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on April 2, 2020, at 3:00 P.M. No subsequent revision to this Ordinance has been reviewed or approved by Mr. Legge for legal sufficiency or otherwise. 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 pen alties 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-2517-20 Page Four of Five Pages DocuSign Envelope ID: 92FF9221-A6B0-43D1-810B-F8D3DC3AA688 SPONSOR(S): Councilors Campbell, Kimball, Nelson, Rider, Worrell This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on April 2, 2020, at 3:00 P.M. No subsequent revision to this Ordinance has been reviewed or approved by Mr. Legge for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ __________________________________ Laura D. Campbell, President H. Bruce Kimball ___________________________________ __________________________________ Sue Finkam, Vice-President Miles Nelson ___________________________________ __________________________________ Adam Aasen Kevin D. Rider ___________________________________ __________________________________ Anthony Green Jeff Worrell ___________________________________ Timothy J. Hannon ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2020, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2517-20 Page Five of Five Pages DocuSign Envelope ID: 92FF9221-A6B0-43D1-810B-F8D3DC3AA688 A April Not Present 6th 6th April 10:30 A11:30 7 0 6th Not Present April