HomeMy WebLinkAboutD-1361-98 Holiday Pay Sect 2-49Ordinance D-1361-98
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTION 2-49
OF THE CARMEL CITY CODE
(AS AMENDED FROM ORIGINAL PROPOSED ORDINANCE D-1345-97)
WHEREAS, Chapter 2, Article 3, Division II, Section 2-49 of the Carmel City Code
("Section 2-49") deals with declared City holidays; and
WHEREAS, the City of Carmel ("City") desires to appropriately and equitably
compensate all employees for such holidays; and
WHEREAS, certain ambiguous wording in Section 2-49 has led to the inconsistent
implementation of the City's holiday policy; and
WHEREAS, the clarification of ambiguous wording in Section 2-49 is necessary and
appropriate.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel
as follows:
That Chapter 2, Article 3, Division II, Section 2-49 of the Carmel City Code is hereby
amended to read as follows:
A. "Definitions:
1)
Holiday shall mean the 24-hour period from midnight to midnight of a
declared holiday, unless otherwise specified.
2)
Holiday Pay shall mean the regular daily salary or wage a full-time
employee receives for a declared holiday, regardless of whether he or she
works on the holiday.
3)
Hours Worked shall mean the hours a full-time, part-time or temporary
employee actually works on a declared holiday.
4)
Premium Pay shall mean the hourly amount, as stated in the Salary
Ordinance, a full-time, part-time or temporary employee earns in addition
to his or her regular hourly rate, for each hour worked on a declared
holiday.
s)
Scheduled shall mean that an employee is working his or her own regularly
scheduled shift (or partial shift) on the holiday, or has agreed in advance to
trade shifts with another employee.
6)
Unscheduled shall mean that an employee is called in to work without
advance notice due to an emergency or an unanticipated staffing shortage.
g.
Each year the Mayor shall declare a holiday schedule that shall determine the paid
holidays of City employees. All full-time employees shall receive their regular
daily salary or wage for such declared holidays. In addition, employees required to
work on a declared holiday shall be entitled to receive their regular hourly salary or
wage, or compensatory time off, for all hours actually worked that day, the manner
of such compensation to be determined by the department head. Employees
required to work on the holiday shall also be eligible for premium pay for each
hour actually worked, as specified in the Salary Ordinance. Employees who are
not required to work on the holiday, but nonetheless report to work, shall not be
entitled to premium pay. The department head or department head's designee
shall approve all premium pay.
Co
All hours actually worked on a holiday shall be counted as hours worked for the
purpose of calculating overtime pay, in accordance with the Fair Labor Standards
Act (FLSA). Holiday pay for employees who do not work the holiday shall also
be counted as hours worked for purpose of calculating overtime pay. Each full-
time employee shall have at least 7.5 hours counted toward his or her overtime pay
calculations on a holiday, unless the holiday falls on that employee's regularly
scheduled day off.
D.
An employee who works his or her scheduled shift on a holiday shall not double
count those hours for the purpose of calculating overtime pay. However, an
employee who is called out on an unscheduled basis on a holiday shall be able to
count both holiday pay and hours worked for the purpose of calculating overtime
pay. In case of a dispute about whether time worked is scheduled or unscheduled,
the department head or department head's designee shall make the final
determination.
Eo
Each employee who works on a declared holiday, whether on a scheduled or
unscheduled basis, shall received a minimum of two (2) hours pay (including
premium pay).
Fo
To be eligible for holiday pay, an employee must work his or her regularly
scheduled shift immediately before and after the holiday, unless excused by the
department head.
Go
Holidays that occur while an employee is on vacation leave shall not be charged
against such employee's accrued vacation time.
Ho
An employee whose regularly scheduled day off falls on a declared holiday and
who does not work that day shall be allowed another paid day off in lieu of holiday
pay, such alternate day off to be scheduled with the consent of the department
head."
.
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.
o
All prior Ordinances or parts thereof inconsistem with any provisions of this Ordinance are
hereby repealed.
PASSED by ~mmon Council of the City of Carmel, Indiana this ~ day of
, 1998, by a vote of ? ayes and ~ nays.
Bil~JWalker
Diana L. Cordray, Clerk-Trea/~er
Presented~ me tq t. he Mayor of the City of Carmel, Indiana the e~ day of
,1998.
Dian~"L. Cordray, Clerk-Treasurer
Approved ~j~ me, Mayor of the City of Carmel, Indiana this ~ day of _- ,1998.
James 13(ainard, tMayor ~
ATTEST:
Diana L. Cordray, Clerk-Treasurer
Memo
To; Carmel Common Council
From: Barbara Lamb, Director of Human Resources
CC: Mayor Brainard, Clerk-Treasurer Cordray
Date:, March 30, 1998
Re: Holiday Policy and Related Ordinances
Attached you will find my new proposal for a holiday policy, which is on the Council agenda for April 6..
As you will recall, I requested that my previous proposal be tabled to allow time for additional input
from Council members, directors and employees. This revised proposal will apply to all employees
except firefighters, whose unique schedule requires an alternative solution. (Note that the holiday
ordinance applies to civilian employees only, although the Police Department will voluntarily follow the
same policy as civilians.)
Three (3) separate ordinances are relevant to the holiday policy: the holiday ordinance; the overtime
ordinance (because it defines how holidays will be treated for overtime calculations) and; the salary
ordinance. In order to have a coherent holiday policy, all three (3) ordinances will need to be amended
simultaneously. I am recommending a January 1, 1999 effective date.
Following is a summary of the policy:
· Each full-time employee will receive holiday pay on a declared holiday (their regular day's pay,
which they get whether they work or not);
· Each employee who works the holiday will also receive his or her regular pay for hours worked,
plus $10 per hour premium pay;
· Compensation for hours worked can be in the form of pay or compensatory time off, at the
discretion of the department head;
· Any employee who works on the holiday will be guaranteed a minimum of two (2) hours pay
(including the premium pay);
All hours worked on the holiday will be included in overtime calculations. Holiday pay may also
be included in overtime calculations. However, scheduled time cannot be double counted (as
both holiday pay and pay for time worked) for the purpose of calculating overtime.
In essence, there will be two (2) levels of incentive for employees who are required to work on a
holiday: a $10 per hour premium for employees who work a scheduled shift, and a $10 premium plus
potential overtime (time-and-one-half) for those who are not scheduled in advance. The higher, level
· Page 1
Of compensation for unscheduled work represents the inconvenience of disrupted plans and the
frequently unpleasant nature of emergency work. (See Page 3 for specific examples of how holiday
compensation will be determined.)
Although this proposal creates the least change for the greatest number of people, it represents a
rather tenuous compromise. The pdmary drawback, in my opinion, is that it is more difficult to
administer than other alternatives. A few employees (primarily in the Sewer Department) who are
scheduled to work on holidays will not be happy to lose the overtime (time and one-hal0 pay they
have been getting. And, of course, some employees are suspicious of any change.
Theproposal may not go as far as the Council would like; however, my primary goals throughout have
been standardization and equity, and I believe those goals are achieved with this proposal. If the
Council wishes to realize significant costs cuts, the proposal can be amended in several ways to
accomplish that end (e.g., reduce the premium pay or eliminate it entirely).
Despite its weaknesses, this proposal contains three (3) significant improvements over the current
system: 1) scheduled hours worked on a holiday will not be "double counted" to reach the time and
one-half overtime threshold; 2) employees will receive the premium pay ($10 per hour) for hours
actually worked rather than a fiat $75, a more equitable distribution of payroll dollars.; and 3) it is more
tightly written and will not allow for abuse of the system. Employees in all departments will be
compensated adequately and equitably (although not identically) for working a holiday. Additionally,
all ordinances that have an impact on holiday pay will be in agreement rather than in conflict.
The fiscal impact of this policy will be minimal for civilians and police officers. For an employee who
works a 7.5 hour shift on a holiday, there will be no difference. An employee who works less than a
full shift will be paid proportionately less, and one who works more will he paid more. In the end, this
policy will have little or no impact on budgets.
Except for the $75, fireflghters currently do not receive any additional pay or time off for working the
holiday, although those that come in to work at 7:00 AM on the holiday and work until 7:00 AM the
following day give up virtually the entire holiday. With the $10 per hour premium pay, the shift of
firefighters that works the longer portion of a holiday will receive $170 each and the shift that works the
shorter potion will receive $70 each, rather than $75 across the board. To partially offset this increase,
the Department will pay less money to these called in on runs or those who trade for a few hours on
the holiday. The impact on the Fire Department will be a budget increase of appreximately $34,000
annually.
Please give this proposal careful consideration, as it represents significant time and effort on the part
of many individuals. As always, call me at 571-2471 if you have questions or comments. [ have
arranged for key department heads to De at the Apdl 20 meeting for discussion on this issue. I will
also be informing all employees of this proposal so they may express themselves if they so wish.
· Page 2
Examples of Holiday Compensation
Assume an employee has the following regular work schedule (7.5 hours per day x 5 days per week = 37.5
hours per week):
S M T WThF S
XXXXX
Straight Time Pay: 37.5
Time and One Half Pay: 0
Now assume a holiday falls on Wednesday. The following examples illustrate how the employee will be paid
in vadous circumstances.
If the employee is not scheduled and is not called in on the holiday:
S M T W ThF S
XXHXX
Straight Time Pay: 37.5
Time and One Half Pay: 0
Premium Pay: 0
if the employee is scheduled to work his or her entire regular shift on the holiday:
S M T W Th F S
XX7.5XX
Straight Time Pay: 45.0
Time and One Half Pay: 0
Premium Pay: 7.5 x 10 = $75
If the employee is not scheduled to work on the holiday, but is called in:
S M T W Th F S
XXT.SXX
Straight Time Pay: 40.0
Time and One Half Pay: 5.0
Premium Pay: 7.5 x 10 = $75
If the employee works a partial scheduled shift on the holiday:
S M T W Th F S
XX4XX
Straight Time Pay: 41.5
Time and One Half Pay: 0
Premium Pay: 4 x 10 = $40
If the employee does not work on the holiday but then gets called in on Saturday:
S M T W ThF S
XXHXXX
Straight Time Pay: 40
Time and One Half Pay: 5
Premium Pay: 0
If the employee works more than his or her regularly scheduled hours on the holiday (7.5 hours are the
regularly scheduled shift):
S M T W Th F S
X X 11 X X
Straight Time Pay: 47.5
Time and One Half Pay: 1
Premium Pay: 11 x 10 = $110
· Page 3
