HomeMy WebLinkAboutD-2613-21 Clarifies the Amount of Paid Leave Granted to Military; Amendment of Chapter 2 Article 3 Division II Section 2-54 Sponsor: Councilor Nelson
ORDINANCE D-2613-21
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER
2, ARTICLE 3, DIVISION II, SECTION 2-54 OF THE CARMEL CITY CODE
Synopsis: This ordinance is designed to clarify the amount of paid leave granted annually to
members of the Indiana National Guard or a reserve component of the U.S. Armed Forces for
training or active duty, without loss of time or pay.
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 City is committed to supporting employees who are members of the military and
to following all state and federal laws pertaining to the rights of such employees; and,
WHEREAS, Indiana Code Section 10-16-7-5 requires municipal employers to give members of the
National Guard or any reserve component of the United States Armed Forces up to fifteen (15) days in
any calendar year for military training or active duty without loss of time or pay; and
WHEREAS, the Indiana Court of Appeals held in Koppin vs. Strode (2002) that the word “day” as
used in Indiana Code Section 10-16-7-5 shall mean an eight (8)-hour day.
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 2-54(b) is hereby amended as follows:
§ 2-54 Military Leave.
(b) Any City employee who is a member, as that term is defined in I.C., 10-16-7-2, of the Indiana
National Guard or a reserve component of the U.S. Armed Forces, is entitled to receive up to fifteen (15)
consecutive or nonconsecutive eight (8)-hour days of military leave annually, without loss of time or pay,
for such time as the employee is on Indiana National Guard or reserve component training or duty
pursuant to appropriate and authorized military orders. Such time away from the job shall not be
charged against the employee's PTO/vacation allowance.
Section 3. 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are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance,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
DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501
Sponsor: Councilor Nelson
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
penalties shall be imposed and as if this Ordinance had not been adopted.
Section 4. 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 5. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor and such publication as is required by law.
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DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501
Sponsor: Councilor Nelson
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________,
2021, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Sue Finkam, President Kevin D. Rider, Vice-President
___________________________________ ____________________________________
Laura Campbell H. Bruce Kimball
___________________________________ ____________________________________
Jeff Worrell Anthony Green
___________________________________ ___________________________________
Adam Aasen Tim Hannon
___________________________________
Miles Nelson
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2021, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2021, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501
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