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HomeMy WebLinkAboutD-729 Amend Overtime PolicyORDINANCE D-729 .... AN ORDINANCE AMENDING CHAPTER 2,SECTION 2-50 ENTITLED OVERTIME, PROVIDING FOR CERTAIN PAYMENTS. Whereas, the City of Carmel Common Council has enacted certain provisions regarding overtime pay to full time city employees, pursuant to Chapter 2, Section 2-50 and Section 2-55 of the Carmel City Code,as amended; and, Whereas, the policy of the city has been to pay overtime, as a benefit, to any full time, regular employee; and, Whereas, it is proper that this procedure should be memorialized as an ordinance amendment to the city's overtime payment procedure; NOW, THEREFORE, be it ordained by the Common Council of the City of Carmel, Indiana, that chapter 2, section 2-50 and section 2-55 of the City of Carmel Code shall be amended to read as follows: 1. Sec. 2-50 Overtime. A. Definitions: a. Employee shall mean any person who is employed by the City of Carmel, on a full time basis, without limitation as to the period of time that person will work for the City of Camel, and receives regular compensation for those services for which they are hired. This definition shall include probationary employees, hired with the intention of retaining them permanently. It is not contemplated that any full time temporary employee or Independent Contractor would come within the meaning of this term. b. Exempted Employee shall mean any employee who is in a policy making position other than a department head. c. Civil City is a term that refers to all employees who are not sworn members (officers) of either the Carmel Fire Department or Carmel Police Department d. Regular work week is that work period, shift or other time period in which an employee performs his or her hired task for the City of Carmel. B. Civil City Employees: 1. All regular, full time employees( whether permanent or temporary), except exempted employees and department heads, shall be paid one and one-half times their regular hourly wage rate, for each hour worked over forty(40) in the regular work week, or one and one-half hours compensatory time off for each overtime hour worked in excess of Forty (40) hours worked in a regular work week. 2. Compensatory time earned shall be used at the discretion of the department head. 3. Overtime shall be worked on an emergency basis and must have prior approval of the employee's department head, or their designee. All overtime must be within the department's budgetary limitations, except in an emergency. Page 1. 4. The department head shall determine whether compensatory time off or paid overtime shall apply at the time they request the overtime work. 5. The regular work week for civilian employees of those departments other that the Police and Fire will generally be understood to be Monday through Friday, beginning at 8:00 A.M. until 4:30 P.M. including meal breaks, unless another schedule is imposed by the department head. 6. The usual weekly work hours are thirty-seven and one Half (37 1/2); however overtime shall not begin at time and one half, for either pay or compensatory time, until the employee has worked forty (40) hours for that work week. Hours worked during the regular work week in excess of thirty-seven and one half (37 1/2) but less than forty (40) shall be compensated at the employees regular rate of pay or compensatory time. 7. The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays, and other paid special absences, when calculating an employees compensation. C. Carmel Police Employees: 1. Other'than civilian employees which are addressed in the previous section B, the Carmel Police Department has two division of employees eligible for overtime compensation, who are not the Chief of Police or Exempt Policy Making Officers: a. Road Patrol, and; b. Investigations. 2. Those non-exempt employees of the road patrol shall be entitled to overtime compensation or compensatory time for each hour they work beyond One Hundred Thirty-six (136) in a Twenty-Four (24) day work period. 3. Those non-exempt employees of the investigations division shall be entitled to overtime compensation or compensatory time for each hour they work beyond One Hundred Sixty (160) in a Twenty-eight (28) day work period. 4. In the case of both patrol and investigations, no employee who works overtime shall be entitled to time and one half compensation, until an additional eleven (11) hours are worked in that pay period. After the additional eleven hours are worked, then the employee shall be entitled to compensation at a rate of one and one half time their regular hourly wage. 5. The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays, and other paid special absences when calculating an employee's compensation. D. Carmel Fire Department Employees: 1. The regular work period for all non-exempt, non- civilian employees of the Carmel Fire Department is recognized as Two Hundred Twelve (212) hours in a 28 day period. 2. An employee of the Fire Department shall be entitled to overtime at the rate of one and one half times their regular hourly wage for any hours worked beyond the regular work period. 3. An employee shall be entitled to receive as compensation for any holidays worked, their wage plus an Page 2. additional Seventy-Five ( $75.00 ) dollars. 4. The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays, and other paid special absences when calculating an employee's compensation. E. Communications Center Employees: 1. The regular work period for all non-exempt employees of the Communication Center is recognized as One Hundred Twenty-eight (128) hours in a twenty-four day period. 2. Overtime for these employees shall be paid at their regular hourly wage, until the employee has worked an additional eight (08) hours beyond the One Hundred Twenty-eight, in the regular work period. After the employee has worked One Hundred thirty-six hours in a regular work period, then the employee shall be compensated, in money only, at a rate of one and one half their regular hourly wage. 3. The total hours worked in a regular work week shall include all paid vacation days, paid sick days, paid holidays, and other paid special absences when calculating an employee's compensation. 2. Section 2-55 Police and Fire Personnel Excluded. The benefit programs addressed in Sections 2-41 through 2-49 and Sections 2-51 through 2-54, do not apply to regular police and fire personnel, who shall be governed by their respective rules and regulations. All of which is ordained this/~ day of November, 1991. Attes. usan W. Jones, Cl~~/~easurer car\overtime.amend Page 3.