HomeMy WebLinkAboutD-2490-19 Updates Various Terms and Conditions of Employee Benefits, Travel and Equal Employment Opporunity PoliciesSponsors: Councilors Worrell and Finkam
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Ordinance D-2490-19
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION II,
SECTIONS 2-39, 2-40, 2-42, 2-48, 2-51, DIVISION III, SECTIONS 2-60 and 2-61
AND DIVISION VI, SECTION 2-85 OF THE CARMEL CITY CODE
Synopsis: This ordinance updates various terms and conditions of the City’s
employee benefits, travel and equal employment opportunity policies.
WHEREAS, the City of Carmel (“City”) provides its employees with a comprehensive
benefits program, which is outlined in personnel policy handbooks; and
WHEREAS, the City is in the process of a periodic review of its civilian personnel
policy handbook; and
WHEREAS, such review brings to light policies that are outdated, subject to
misinterpretation or inconsistent with federal and state law or local ordinance; and
WHEREAS, such findings may necessitate changes to the underlying City code.
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 II, Section 2-38 is amended to read:
§ 2-38 Employee Records.
The official payroll and benefits records of the employees affected by this division shall be kept
in the office of the Controller.
Section 3. Chapter 2, Article 3, Division II, Section 2-39 is amended to read:
§ 2-39 Definitions.
For purposes of this division, the following definitions shall be used:
Department Head shall mean Corporation Counsel, City Engineer, Fire Chief, Chief of Police,
Controller, Street Commissioner, General Manager of Brookshire Golf Club and directors of the
departments of Administration, Information and Communication Systems, Community Services,
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Utilities, Community Relations and Economic Development, Human Resources and
Redevelopment. The Director of Parks and Recreation may also be considered a department
head for benefits purposes, provided the Carmel-Clay Parks Board also approves such benefit
status.
Elected Official shall mean an individual duly elected or appointed to the position of Mayor,
City Clerk, Judge or Councilor for the City of Carmel.
Full-Time Employee shall mean an employee who is regularly scheduled to work at least 37½
hours per week, or at least 75 hours per two-week pay period, on a year-round basis.
Full-Time Golf Course Employee shall mean an employee of the Brookshire Golf Course who
is regularly scheduled to work at least 2,080 hours in a calendar year.
Part-Time Employee shall mean an employee who is regularly scheduled to work fewer than
37½ hours per week, or fewer than 75 hours per two-week pay period.
Conditional Employee shall mean a full-time employee through the first three (3) months of
employment, during which time the employee’s suitability for his or her position will be
evaluated. The conditional period may be extended at the discretion off the department head, but
in no case shall the period of conditional employment be greater than six (6) months in duration.
Probationary Employee shall mean a full-time or part-time employee who has shortcomings related
to performance and/or behavior and has been given a chance to show improvement or be terminated.
Temporary Employee shall mean an employee hired for a period of 85 or fewer days. There are
no limits on the number of hours per week a temporary employee may work, except as dictated
by budgetary constraints.
Section 4. Chapter 2, Article 3, Division II, Section 2-40(a)(4), 2-40(b), 2-40(c), 2-40
(d)(1)(a), 2-40(d)(2)(f) are amended to read:
§ 2-40 Compensation.
(a) In general.
(1) Rate of pay. Compensation for City of Carmel employees is fixed annually as
required by I.C. 36-4-7-3 and 36-8-3-3. The Common Council shall approve an annual salary
ordinance, which establishes maximum bi-weekly salaries for each full-time position and
maximum hourly rates for part-time positions.
(2) Compliance. The City, in determining the compensation of City employees and in
making payments of said compensation, shall comply at all times with the provisions of the Fair
Labor Standards Act (FLSA), as amended, and with the provisions of I.C. 22-2.
(3) Public accountability. Public officials and public entities, including the City of
Carmel, are held to a high level of responsibility under the public trust that demands effective
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and efficient use of public funds in order to serve the public interest. The principles of public
accountability require that any compensation paid to a City employee for time not worked by
that employee must be calculated pursuant to a pay system established by a federal, state or local
statute, ordinance or regulation, a written policy or procedure or a documented administrative
practice.
(b) Definitions.
Civilian Employee refers to all employees who are not sworn members of either the Carmel
Fire Department or the Carmel Police Department.
Employee shall mean any person who is employed by the City on a full-time (including
conditional and probationary), part-time or temporary basis.
Exempt Employee shall mean any individual employed in an exempt position.
Exempt Position shall mean any position that is not subject to the overtime provisions of
FLSA. The City shall have the right to determine whether a position that meets the FLSA
exemption criteria will be treated as exempt or non-exempt.
Non-exempt Employee shall mean any individual employed in a non-exempt position.
Non-Exempt Position shall mean any position that is subject to the overtime provisions of
FLSA.
Pay Period shall mean two consecutive regular workweeks, for which one paycheck is
issued.
Regular Work Period shall mean a work period in excess of seven days, as authorized by
Section 207(k) of the FLSA. Regular work periods are defined in subsections (c)(3) and (c)(4)
below.
Regular Workweek shall mean a period of seven consecutive days, beginning at midnight
each Friday and ending at midnight the following Friday.
(c) Recording time worked.
(1) Each employee is expected to completely and accurately record all time worked and
all paid time off in a format authorized by the Payroll office, and to comply with all time-keeping
policies and procedures established by the City. Falsifying a time sheet is cause for disciplinary
action, up to and including immediate termination.
Notwithstanding the above, an employee who is required to report to a work site on a scheduled
or call-in basis shall be paid for a minimum of two hours (including overtime and premium pay
on holidays, if applicable). Telephone calls handled from home or from another off -site location
do not qualify for the two-hour minimum.
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(d) Overtime compensation.
(1) Non-exempt civilian employees; overtime pay.
a) Civilian salaries are based upon a 37½ hour work week, except that golf course
employees are paid for a 40-hour week. All overtime work must have the prior approval of the
department head or his designee and must be within the department’s budgetary limitations,
except in an emergency.
(2) Non-exempt civilian employees: compensatory time off.
f) Accrued but unused compensatory time off shall be paid out to employees at the
time of their separation from the City. In addition, the City may choose, at any time, to pay out
any or all accrued compensatory time off, or an employee may request to be paid for any or all
accrued compensatory time off. Such requests may be honored at the discretion of the
employee’s department head, subject to the availability of funds.
Section 5. Chapter 2, Article 3, Division II, Section 2-42(b) is amended to read:
§ 2-42 Health Insurance.
(b) Employee insurance. The City will offer one or more plans of medical, dental and/or
vision insurance to its eligible employees. All full-time employees, including conditional and
probationary employees, and elected officials shall be eligible for such insurance coverage after
30 days of employment with the City. For the purposes of health insurance eligibility only, full
time shall mean an employee who is regularly scheduled to work thirty (30) or more hours per
week. Details regarding medical insurance are set forth in the City of Carmel Employee Health
Benefit Plan, as amended from time to time.
Section 6. Article 3, Division II, Section 2-48(d)(1) is amended to read:
§ 2-48 Deferred Compensation Plan.
(1) The eligible employee shall agree in writing that the salary of such employee shall be
reduced by no less than $20 per month and the same amount shall be credited to the employee's
deferred compensation account. The employee may begin, end or revise his deferral amount
within the limitations established by the City.
Section 7. Chapter 2, Article 3, Division II, Section 2-51(b)(1)(c), 2-51(b)(3)(a) and 2-
51(b)(8) are amended to read:
§ 2-51 Paid Time Off (PTO).
(b) PTO bank.
Sponsors: Councilors Worrell and Finkam
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(1) Accruals.
a) PTO shall accrue according to the following schedule:
Years 0-5 (date of hire through end of year 5) 9.50 hours per pay period
Years 6-12 (beginning of year 6 through end of year 12) 11.25 hours per pay period
Years 13-20 (beginning of year 13 through end of year 20) 12.00 hours per pay period
Years 21+ (beginning of year 21 through date of separation) 13.00 hours per pay period
b) The City may, in its sole discretion, elect to accrue PTO at time intervals ot her than
bi-weekly (e.g., monthly, quarterly, biannually or annually). The conversion to a different
accrual interval shall result in accruals essentially equivalent (with allowance for rounding), on a
prorated basis, to the bi-weekly amounts stated above.
c) An employee must work and/or be on paid leave an entire pay period in order to
accrue PTO for that pay period. Any employee who is paid for fewer than 75 hours in a pay
period (80 hours for golf course employees) shall not accrue PTO for that perio d. An exception
shall be made for a new employee within the first two full pay periods of his or her
employment. If one or more holidays are the only reason the employee is not paid 75 hours for
the first two full pay periods, the employee shall accrue PT O for those pay periods.
(3) New employees.
a) A new employee shall accrue PTO beginning with his or her first full pay period,
but shall not be entitled to use discretionary accrued leave until he or she has completed three
months of full-time employment. During this period the employee is required to use non-
discretionary PTO for holidays unless he or she works the holiday.
(8) Carryover. An employee will be allowed to carry over a maximum of 150 hours from
one benefit year to the next. Any excess time left in the PTO bank at the end of any benefit year
will be transferred to the employee's sick leave bank, subject to the 300 hour maximum
accumulation in the sick leave bank. Hours that exceed the sick leave bank maximum shall be
forfeited.
Section 8. Chapter 2, Article 3, Division II, Section 2-60 is amended to read:
§ 2-60 Definitions.
(a) The term Travel shall apply to employees who do City business outside Carmel city limits.
Locations outside the City shall not include the commute between the employee or official’s
home and his or her office in Carmel.
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(b) The term Employee shall mean any person who is paid a wage or salary by the City. This
term shall include, but is not limited to, persons employed in any City department, elected
officials and appointed members of a City board or commission. This term shall not include an
independent contractor or any person, whether employed or not, who is incurring such expense
as a result of a separate contractual relation with the City, which contractual relation provides for
or includes such expense.
Section 9. Chapter 2, Article 3, Division II, Section 2-61(b) through 2-61(d) is amended
to read:
§ 2-61 Travel and Related Expenses.
(b) Per diems and meal expenses.
(1) A per diem is a flat rate reimbursement for any and all expenses incurred in a certain
reimbursable travel category. The City will pay per diems for meal expenses only. No receipts
are required for a per diem payment, which shall be made only after the employee completes
travel and submits a claim for reimbursement. However, the employee must provide a copy of
his travel itinerary and hotel bill to document actual time of travel. Per diem rates shall be:
a) Sixty-five dollars, including tips, if traveling outside the State of Indiana; and
b) Fifty dollars, including tips, if traveling within the State of Indiana.
c) Per diem rates shall be prorated for partial day travel. (Travel that ends after
midnight will not qualify an employee for an additional partial-day per diem. Eligible expenses
incurred after midnight on a return trip will be reimbursed only if receipts are provided.)
(2) Meal expenses for travel that is completed within one calendar day are not eligible for
the per diem, and shall be paid at actual cost. Original receipts are required to
substantiate costs, which are subject to the limits shown above. Receipts should be
itemized or, if the vendor does not provide an itemized receipt, include a statement from
the employee indicating what food or beverage items were purchased (credit card
statements are not adequate documentation). Maximums include tips, which shall not
exceed 20% of the cost of the meal.
(c) Advance payments.
(1) All claims for advance payment must be submitted to the office of the Clerk-Treasurer
no later than ten business days prior to the commencement of travel.
(2) Registration fees, hotel reservations and airfares connected with meetings, schools,
seminars or other City-required travel may be paid in advance if supported by a fully itemized
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claim approved by the department director. Any savings resulting from changes in schedule or
transportation or from reduced prices shall be delivered to the office of the Clerk-Treasurer,
along with written documentation, within the later of ten business days after travel is completed
or three business days after the same is received by the employee
(d) Reimbursable expenses.
(1) Meeting, training and seminar fees.
(2) Private vehicle mileage, which shall be paid at the current United States Internal
Revenue Service ("IRS") reimbursement rate, as amended from time to time by the IRS. If an
employee travels directly from home to an off-site business meeting or work assignment that is a
greater distance than the employee’s daily commute, the employee may submit a mileage claim
for the distance from his or her normal workplace to the site of the meeting or assignment .
(3) Cost of rental car, collision damage waiver* and fuel for transportation between
airport, lodging and business location if:
a) Route between airport and lodging or between lodging and business location if not
served by taxi, ride-hailing service, subway or shuttle; or
b) Other forms of transportation are available, but are more costly than a rental car.
*Any City employee who uses a rental car for the conduct of City business shall purchase
collision damage waiver (“CDW”) for the duration of the rental. An employee who fails to
purchase CDW shall be personally liable for incurred expenses that would have been covered by
the waiver. CDW may also be referred to as loss damage waiver (“LDW”).
(4) Parking fees or tolls (affidavit required if no receipt is provided).
(5) Fares for ride-hailing services, taxis, shuttles, subways and other forms of local
transportation.
(6) Coach air fares or fares that are commonly understood to be coach rates, or any lower
fare. (Air fare shall include baggage fees and airline surcharges. It shall not include charges for
food and beverages, which are considered meal expenses.) When personal travel is appended to
business travel, reimbursement will be made only for the cost of round trip travel to and from the
business location.
The round trip rate must be documented by a printed itinerary from a travel agen cy or web-site.
The department director must approve all such travel in advance.
(7) Lodging expenses for a standard room. Any upgrade in accommodations shall be the
responsibility of the employee.
(8) Meal expenses.
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a) For overnight travel, meal expenses are reimbursable at the flat per diem rates listed
in section (b) above.
b) For travel completed within one calendar day, meals shall be reimbursed at actual
cost, up to the maximums listed in section (b) above.
(9) Tips or gratuities for bellhops, skycaps, taxi/shuttle drivers and others who provide
necessary services directly related to business travel (affidavit required if no receipt is provided).
(10) All business telephone calls and up to two personal calls to home and/or to closest
family member per day, if the employee has no access to a City-issued cell phone.
(11) In-room or business services internet connection, if necessary for business purposes.
Section 10. Chapter 2, Article 3, Division II, Section 2-85 is amended to read:
§ 2-85 Non-Discrimination Policy.
(a) The City, and all City contractors and their subcontractors, shall comply with all existing
laws of the United States, the State of Indiana and the City of Carmel prohibiting discrimination
against any employee or applicant for employment or contract work with respect to recruiting,
hiring, training, promotion, compensation, benefits, discipline, termination and all other terms,
conditions or privileges of employment or any matter directly or indirectly related to
employment or contracting because of race, religion, color, sex, national origin, ancestry, age,
disability, genetic information, veteran status, sexual orientation or gender identity.
Section 11. 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 12. If any portion of this Ordinance is for any reason declared unconstitutional,
invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance.
Section 13. Section 7 of this Ordinance shall be in full force and effect from and after
November 1, 2019. All other sections of this Ordinance shall be in full force and effect from and
after January 1, 2020.
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Sponsors: Councilors,Worrell and Finkam
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PASSED by the Common Council of the City of Carmel,Indiana this O day of
Q CZ4 r 2019,by a vote of 7 ayes and 0 nays.
COM COUNCIL FOR THE CITY OF CARM
Jeff Wo ell sident An ony Green
7,/,„_,,,,,{)
Laura D. Campbell, Vice-Presid t H. Bruce Kimball
41°7- j 7-' ..z>s
Carter Kevin D. Rider
NW
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stine S. Pa ley, Clerk-Treasurer
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Presented by me to the Mayor of the City of Carmel,Indiana this22 _ day of
Vcf e9 2019, at /1.60 M:
Aii_AL,CLAti‘Vailli S0.1 iZrIC.. --/-Lt-t..e
Christine S. Pauley, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel,Indiana,this day of . .
1 tife:24 2019, atS I'.M.
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Jan) Brainard,Mayorf: i'
C . stifle S. Pauley, Clerk-Treasurer
Prepared by Barbara Lamb, Director of Human Resources
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