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Home My WebLink AboutD-1362-98 Overtime Comp AmndOrdinance D-1362-98~/}s ~mendect AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARIV[EL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION 1I, SECTION 2-50 OF THE CARMEL CITY CODE O WHEREAS, Chapter 2, Article 3, Division II, Section 2-50 of the Carmel City Code ("Section 2-50") deals with overtime compensation of City of Carmel ("City") employees; and WHEREAS, overtime compensation is regulated by the provisions of the Fair Labor Standards Act CFLSA"); and WHEREAS, some portions of Section 2-50 have been subject to inconsistent interpretation and implementation; and WHEREAS, it is necessary and appropriate to rectify such inconsistencies. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel as follows: That Chapter 2, Article 3, Division II, Section 2-50 of the Camel City Code is hereby amended to read as follows: "The City of Carreel, in determining the compensation of City employees, shall comply at all times with the provisions of the Fair Labor Standards Act (FLSA), as amended. A. Definitions: 1) Employee shall mean any person who is employed by the City of Carmel, on a full-time (including probationary), part-time or temporary basis. 2) Non-exempt employee shall mean an employee who is subject to the overtime provisions of the FLSA. 3) Exempt Employee shall mean a department head or any other person employed in a policy-making position, as designated in the position description. Such employees are not subject to the overtime provisions of the FLSA. 4) 5) Civilian Employee refers to all employees who are not sworn members of either the Camel Police Department or the Carreel Fire Department. ~-gr e,'~;i,"'n e ~p~tee5 Regular Work Week is a period of seven (7) consecutive daysi~beginning at midnight ~.f~.~rday and ending at midnight the following Friday. for dviliun employees..''c Bo Co 6) Regular Work Period is an extended work period (in excess of seven (7) days) for members of the Carmel Fire Department and the Carmel Police Department, as allowed by Section 207(k) of the FLSA. Extended work periods vary, and are defined in sections C and D below. Non-exempt Civilian Employees 1) Overtime shall be worked on an exception basis only, and must have the prior written approval of the department head or his or her designee, except in an emergency. All overtime must be within the department's budgetary limitations, except in an emergency. 2) Civilian salaries are based upon a 37-1/2 hour work week. Employees who work between 37-1/2 and 40 hours in a work week shall be compensated at their regular hou~y rate of pay for each hour in excess of 37-1/2 so worked, in addition to their bi-weekly salary. Overtime pay shall be calculated to the nearest quarter hour. 3) All non-exempt civilian employees who work more than 40 hours in a work week shall be compensated at one and one-half times their regular hou~y rate of pay for each hour in excess of 40 so worked, in addition to their bi- weekly salary. Overtime pay shall be calculated to the nearest quarter hour. 4) The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays (except when an employee is scheduled to work on the holiday), and other paid special absences for the purpose of calculating overtime pay. Compensatory time off shall not be included in such calculations. 5) Individual employee time sheets shall be submitted with General Payroll Form//99 at the end of each payroll period denoting time and date of overtime worked. No payment will be made for overtime without an individual time sheet signed by the department head or the department head's designee. Non-exempt Civilian Employees: Compensatory Time Off 1) The department head may, at his or her discretion, substitute compensatory time off for overtime pay, provided an understanding of such substitution exists prior to the time the overtime work is performed. 2) 3) Overtime shall not begin at time-and-one-half for compensatory time off until an employee has worked 40 hours in a regular work week. Hours worked during the regular work week in excess of 37-1/2 but fewer than 40 shall be compensated on an hour-for-hour basis. 4) Each department head may set limits on the amount of compensatory time off departmental employees are allowed to accrue. In no instance except an emergency, however, may an employee accrue more than 100 hours of compensatory time off without the prior written approval of the department head. 5) Requests to use earned compensatory time off shah be granted within a reasonable period after making the request, provided they do not unduly disrupt the operations of the department. An employee shall not be allowed to use compensatory time off until it is accrued. 6) 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. D. Non-exempt Sworn Police Department Employees 1 ) Road Patrol The regular work period for Road Patrol is 24 days. Officers in the Road Patrol Division are eligible for overtime compensation for each hour they work in the regular work period in excess of 136 hours. b) Overtime shall not begin at time-and-one-half, for either pay or compensatory time off, until a Road Patrol employee has worked an additional 11 hours, or 147 hours in a regular work period. Hours worked during the regular work period in excess of 136 but fewer than 147 shall be compensated at the employee' s regular hourly rate of pay. Overtime pay shall be calculated to the nearest quarter hour. 2) Investigations and Support The regular work period for Investigations and Support is 28 days. Officers in the Investigations and Support divisions are eligible for overtime compensation for each hour they work in the regular work period in excess of 160 hours. b) Overtime shall not begin at time-and-one-half, for either pay or compensatory time off, until an Investigations or Support employee has worked an additional 11 hours, or 171 hours in a regular work period. Hours worked during the regular work period in excess of 160 but fewer than 171 shall be compensated at the employee's regular hourly rate of pay. Overtime pay shall be calculated to the nearest quarter hour. 3) The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays (except when an employee is scheduled to work on the holiday), and other paid special absences for the purpose of calculating overtime pay. Compensatory time off shall not be included in such calculations. E. Non-exempt Sworn Fire Department Employees 1) The regular work period for non-exempt firefighters is 28 days. Firefighters are eligible for overtime compensation at time-and-one-half for each hour they work in the regular work period in excess of 212 hours. 2) The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays (except when an employee is scheduled to work on the holiday), and other paid special absences for the purpose of calculating overtime pay. Compensatory time off shall not be included in such calculations. F. Exempt Employees 1) Exempt employees are expected to work the hours necessary to fulfill their responsibilities, and are not entitled to overtime pay. 2) 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 37-1/2 but less than 40 in a regular work week. 3) Exempt employees may not at any time accrue more than 50 hours of compensatory time off, and are not entitled to be paid at the time of separation from the City for accrued but unused compensatory time off." , This Ordinance shall be in full force and effect on the later to occur of (a) passage by the Common Council and signing by the Mayor or (b) January 1, 1999. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby repealed. PASSED by t e Common Council of the City of Carmel, Indiana this ,~ day of ~ ,1998, by a vote of 7 ayes and (.) nays. COMMON COUNCIL FOR THE CITY OF CARMEL Robert Battreall, Presi'~eent i Billy V~f~lker Diana L. Cordray, Diana L. Cordray, J e~r~ard g"' ATTEST: Diana L. Cordray, Human Resources M 1//O From: CC: Date:. Re: Cannel Common Council Barbara Lamb, Director of Human Resources Mayor Brainard, Clerk-Treasurer Cordray Apdl 20, 1998 Amendments to Ordinance D-1362-98 Based upon input from employees and Council members, I am recommending two (2) amendments to Ordinance D-1362-98 (Overtime), which is scheduled for a second reading this evening. The odginal language in the sections indicated should be replaced with the following: I(A)(5) I(C)(2) Regular Work Week is a pedod of seven (7) consecutive days for civilian employees, beginning at midnight each Fdday and ending at midnight the following Fdday. Employees who work more than 40 hours in a work week, and who receive compensatory time off in lieu of overtime pay, shall be entitled to one and one-half hours of compensatory time off for each hour in excess of 40 so worked, in addition to their bi- weekly salary. Compensatory time off shall be calculated to the nearest quarter hour on a time-and-one-half basis. · Page I