Loading...
HomeMy WebLinkAboutD-1838-06 Employee Health Benefits Sponsor: Councilor Mayo Ordinance D-1838-06 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTIONS 2-38, 2-39, 2-40, 2-41, 2-42, 2-47, 2-50, 2-51, 2-56 and 2-59 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel has developed a comprehensive compensation and benefits package for its employees; and WHEREAS, it is necessary to occasionally clarify or update certain components of the package to maintain legal compliance, ensure consistency with administrative practices, reflect the competitive environment and manage the cost, equity and efficacy of such compensation and benefits. 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 11 of the Carmel City Code should be and the same is hereby amended to read as follows: A. Section 2-38 is amended to read as follows: "Sec. 2-38 Health Insurance. (a) Employee insurance. The City of Carmel will offer one or more plans of medical, dental and/or vision insurance to its full-time employees. All full-time employees, including probationary employees, shall be eligible for such insurance coverage after 30 days of employment with the City. Details regarding medical insurance are set forth in the City of Carmel Employee Health Benefit Plan, as amended from time to time. (b) Insurance premiums. The City shall contribute 75% or more of the premiums for single and family coverage (excluding the surcharge for tobacco users), depending on the plan selected by an employee. Employees will be informed of the City's contribution level no later than November 15 of each year, to be effective the following January 1. (c) Parks employees. Full-time employees of the Carmel Clay Parks Board shall also be eligible for coverage under the City's medical, dental and vision plans, Version A 12/15/06 1 on the same terms and conditions as City employees. The insurance provider, or third party administrator in the event the City is self-insured, shall agree in writing on all new plan inception dates and plan renewal dates that Parks employees are included in such coverage. The Parks Board shall make the employer contribution for its employees. (d) Retiree insurance. The City shall contribute 50% of the monthly employee- spouse premium for retirees who have 20 years of active service with the City, plus an additional I % for each additional six months of service, up to a maximum of 75% of the employee only or employee-spouse premium, as applicable (excluding the surcharge for tobacco users), provided that the City's insurance premium contribution shall not exceed $650 per month or $7,800 per year. Coverage for other eligible dependents may be continued at the retiree's expense. Details regarding retiree insurance are set forth in the City of Carmel Guidelines for Payment of Retiree Insurance Premiums, as amended from time to time. The Common Council shall review the amount and the terms of retiree insurance contributions no less frequently than every four years during the year of the general election of City officials. (e) Insurance for individuals on work-related disability. The City will contribute 100% of the family premium (excluding the surcharge for tobacco users) for a City employee who is disabled or killed in the line of duty. The employee must meet PERF disability requirements in order to qualify for the disability benefit." B. Subsection 2-39(b) is amended to read as follows: "(b) Full-time employees of the Carmel Clay Parks Board shall also be eligible for coverage under the City's life insurance plan, on the same terms and conditions as City employees. The insurance provider, or third party administrator in the event the City is self-insured, shall agree in writing on all new plan inception dates and plan renewal dates that Parks employees are included in such coverage. The Parks Board shall pay the premiums for its employees." C. Section 2-40 is amended to read as follows: "Sec. 2-40 Disability Insurance. (a) Short-term disability. (I) The City shall contribute 100% of the premium for a short-term disability plan. All full-time civilian employees shall be eligible for coverage under this plan the first of the month coincident with or next following thirty (30) days of active employment with the City. (2) Full-time employees of the Carmel Clay Parks Board shall also be eligible for coverage under the City's short-term disability plan, on the same terms Version A 12/15/06 2 and conditions as City employees. The insurance provider, or third party administrator in the event the City is self-insured, shall agree in writing on all new plan inception dates and plan renewal dates that Parks employees are included in such coverage. The Parks Board shall pay the premiums for its employees. (b) Long-term disability. (1) The City will make available to eligible City employees, on an optional basis, long-term disability coverage. Availability of the plan is contingent upon a specified level of employee participation. All full-time civilian employees shall be eligible for coverage the first of the month coincident with or next following thirty (30) days of active employment with the City. (2) Employees who elect long-term disability insurance coverage shall pay 100% of the cost of the coverage through payroll deduction, or on other payment terms acceptable to the City. (3) Full-time employees of the Carmel Clay Parks Board shall also be eligible for coverage under the City's long-term disability plan, on the same terms and conditions as City employees. The insurance provider, or third party administrator in the event the City is self-insured, shall agree in writing on all new plan inception dates and plan renewal dates that Parks employees are included in such coverage." D. Subsection 2-41(e) is amended to read as follows: "(e) Should an employee have an interruption in employment of 100 or fewer calendar days, the employee shall be entitled to full credit for service prior to the interruption. After an interruption of more than 100 calendar days, a returning employee shall be treated as a new employee for purposes of calculating vacation time earned and shall not receive credit for prior service." E. Subsections 2-42(c) and 2-42(d) are amended to read as follows: "(c) For all full-time employees, up to and including 300 hours of accrued sick leave may be carried over to the next calendar year. All leave in excess of 300 hours shall be forfeited ifnot "bought back," as described in subsection (d) below. (d) The City may elect annually to "buy back" excess sick leave from employees who have accrued significant sick leave balances. The timing and amount of such buy-backs, as well as the procedures for administering them, shall be determined at the sole discretion of the City in accordance with applicable law." F. Subsection 2-47(c) is amended to read as follows: "( c) Disciplinary leave. Version A 12/15/06 3 (1) An employee who is placed on unpaid leave for disciplinary reasons, either by the department head or the Board of Public Works and Safety, shall accrue and/or receive benefits as outlined in subsection (b )(2) above. Except, however, that benefits for sworn members of the Police Department and the Fire Department shall be consistent with all requirements of Indiana Code. (2) An employee who is placed on unpaid leave pending the resolution of criminal charges shall also accrue and/or receive benefits as outlined in subsection (b)(2) above. Except, however, that benefits for sworn members of the Police Department and the Fire Department shall be consistent with all requirements of Indiana Code." G. Section 2-50 is amended to read as follows: "2-50 Compensation. (a) In general. (1) Rate of pay. Compensation for City of Carmel employees is fixed annually as required by IC 36-4-7-3 and IC 36-8-3-3. The Common Council shall approve an annual salary ordinance, which establishes maximum bi-weekly salaries for each position. (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 IC 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 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. (4) Recordkeeping. Each employee shall keep an accurate written record of time worked and paid time off on an approved time sheet. Individual time records shall be transferred to General Payroll Form 99 and General Payroll Form 99A by each department at the end of each pay period. (b) Definitions. Civilian Employee refers to all employees who are not sworn members of either the Carmel Fire Department or the Carmel Police Department. Version A 12/15/06 4 Employee shall mean any person who is employed by the City of Carmel on a full time (including 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 the 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 ofFLSA. Pay Period shall mean two consecutive Regular Workweeks, for which one paycheck is issued. Regular Workweek shall mean a period of seven (7) consecutive days, beginning at midnight each Friday and ending at midnight the following Friday. Regular Work Period shall mean a work period in excess of seven (7) days, as authorized by Section 207(k) of the FLSA. Regular Work Periods are defined in subsections (c)(3) and (c)(4) below. (c) Overtime compensation. (I) Non-exempt civilian employees; overtime pay. a) Civilian salaries are based upon a 37\1, hour workweek. 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. No payment will be made for overtime without an individual time sheet signed by the department head or the department head's designee. b) Employees shall be entitled to compensation at their regular hourly rate of pay for each hour (or portion thereof) worked in excess of 37\1, but less than or equal to 40 in a workweek, in addition to their bi- weekly salary. c) Employees shall be entitled to compensation at one and one- half times their regular hourly rate of pay for each hour (or portion thereof) worked in excess of 40 in a workweek, in addition to their bi- weekly salary. Version A 12/15/06 5 d) The total hours worked in a regular workweek shall include all paid vacation days, paid sick leave, paid holidays (except when an employee is scheduled to work on the holiday), compensatory time off and other paid absences for the purpose of calculating overtime pay. e) Although various types of pay (time worked, vacation, sick leave, holiday, compensatory time off, etc.) may be combined in one shift, in no case shall an employee be paid for more than his regularly scheduled shift unless the employee has actually worked longer than his scheduled shift with the approval of his supervisor, or such payment is for time the employee works before and/or after his scheduled shift. (2) Non-exempt civilian employees: compensatory time off. a) The department head may, at his discretion, substitute compensatory time off for overtime pay, provided an understanding of such substitution exists prior to the time the overtime work is performed. b) Employees who receive compensatory time off in lieu of overtime pay shall be entitled to compensatory time off on an hour-for- hour basis for each hour (or portion thereof) worked in excess of 37Y, but less than or equal to 40 in a workweek, in addition to their bi-weekly salary. c) Employees who receive compensatory time off in lieu of overtime pay shall be entitled to compensatory time off on a time-and- one-half basis for each hour (or portion thereof) worked in excess of 40 in a workweek, in addition to their bi-weekly salary. d) 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. e) Requests to use earned compensatory time off shall 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. 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 payout any or all accrued compensatory time off. Version A 12/15/06 6 (3) Non-exempt sworn Police Department employees. a) The regular work period for police officers is 28 days. b) Officers shall be entitled to compensation at their regular hourly rate of pay for each hour (or portion thereof) worked in excess of 160 but less than or equal to 171 in a regular work period, in addition to their bi-weekly salary. c) Officers shall be entitled to compensation at one and one-half times their regular hourly rate of pay for each hour (or portion thereof) worked in excess of 171 in a regular work period, in addition to their bi- weekly salary. d) The total hours worked in a regular work period shall include all paid vacation days, paid sick leave, paid holidays, compensatory time off and other paid absences for the purpose of calculating overtime pay. e) Although various types of pay (time worked, vacation, sick leave, holiday, compensatory time off, etc.) may be combined in one shift, in no case shall an employee be paid for more than his regularly scheduled shift unless the employee has actually worked longer than his scheduled shift with the approval of his supervisor, or such payment is for time the employee works before and/or after his scheduled shift. (4) Non-exempt sworn Fire Department shift employees. a) The regular work period for firefighters is 28 days. b) Firefighters shall be entitled to compensation at one-half their regular hourly rate of pay for each hour (or portion thereof) of scheduled overtime in excess of 212 but less than or equal to 224 in a regular work period, in addition to their bi-weekly salary. c) Firefighters shall be entitled to compensation at one and one-half times their regular hourly rate of pay for each hour (or portion thereof) of scheduled overtime in excess of 224 in a regular work period and for all emergency call-outs, end-of-shift runs and work-related court appearances, in addition to their bi-weekly salary. d) The total hours worked in a regular work period shall include all paid vacation days, paid sick days, paid holidays, compensatory time off and other paid absences for the purpose of calculating overtime pay. e) Although various types of pay (time worked, vacation, sick leave, holiday, compensatory time off, etc.) may be combined in one shift, in no case shall an employee be paid for more than his regularly scheduled shift Version A 12/15/06 7 unless the employee has actually worked longer than his scheduled shift with the approval of his supervisor, or such payment is for time the employee works before and/or after his scheduled shift. (5) Exempt employees; compensatory time. a) Exempt employees are expected to work the hours necessary to fulfill their responsibilities, and are not entitled to overtime pay. b) Exempt employees shall receive compensatory time off, on an hour-for-hour basis, for hours actually worked over 40 in a regular workweek. Exempt employees shall not receive compensatory time off for hours worked in excess of37Yz but less than 40 in a regular workweek. c) Exempt employees may not at any time accrue more than 50 hours of compensatory time off. Once an employee accrues 50 hours, all further accruals shall cease until the balance drops below 50 hours. All accrued hours may be carried forward indefinitely; however, exempt employees are not entitled to be paid for accrued compensatory time off at any time while employed by the City or at the time of separation from the City. (6) Salaries and pay deductions for exempt employees. a) The FLSA requires that all exempt employees be paid on a salary basis as defined by the Department of Labor in 19 CFR 541.602 and 19 CFR 541.710, which strictly limit deductions from pay. It is the City's policy to comply at all times with the salary basis requirements of the FLSA. Therefore, the City of Carmel, its employees and agents are prohibited from making improper deductions from the salaries of exempt employees. b) An exempt employee who believes that an improper deduction has been made to his salary shall immediately report this information to his direct supervisor or the Director of Human Resources. c) All reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee shall be promptly reimbursed for the full amount of such improper deduction and the City will take whatever action it deems necessary to ensure future compliance with the salary basis test." H. Section 2-51 is amended to read as follows: "Sec. 2-51 Longevity. Version A 12/15/06 8 (a) Subject to the conditions listed in subsections (b) through (d) below, each full-time employee of the City shall receive longevity pay as stipulated in the annual salary ordinance. (b) An eligible employee must begin full-time employment on or before June 30 of a given year in order to receive service credit for that year. All entitlement to longevity pay shall cease when the full-time employment relationship is terminated. (c) Longevity pay shall accrue on December 31 of the year in which it is earned, and shall be included in the employee's hourly rate of pay in the year immediately following. (d) Should an employee have an interruption in employment of 100 or fewer calendar days, the employee shall be entitled to full credit for service prior to the interruption. After an interruption of more than 100 calendar days, a returning employee shall be treated as a new employee for purposes of calculating longevity pay and shall not receive credit for prior service. (e) The Common Council shall review the amount and the terms of longevity pay no less frequently than every four years during the year of the general election of City officials." I. Subsections 2-56(d)(I), 2-56(g)(2) and 2-56(g)(7) are amended to read as follows: "(d)(I) The eligible employee shall agree in writing that the salary of such employee shall be reduced by at least $20 per month and the same amount shall be credited to the employee's deferred compensation account." "(g)(2) Employee contributions shall be matched by the City at the levels stated below. The City's matching contribution will not exceed 50% of the employee contribution or $7,750 annually, whichever is lower, regardless of the employee's length of service or the amount of his deferral." "(g)(7) Should an employee have an interruption of employment of I 00 or fewer calendar days, the employee shall be entitled to full credit for service prior to the interruption. After an interruption of more than I 00 calendar days, a returning employee shall be treated as a new employee for purposes of the Deferred Compensation matching program and shall not receive credit for prior service." J. Subsections 2-59(b)(I) and 2-59(b)(2) are amended to read as follows: "(I) Courses offered through a degree-granting institution that is accredited by The Higher Learning Commission of the North Central Association of Colleges and Schools or an equivalent regional accreditor, as recognized by the United States Department of Education and the Council on Higher Education Accreditation. Version A 12/15/06 9 (2) No more than seven (7) three-credit hour courses per employee per academic year (September through August)". Section 3. This Ordinance shall be in full force and effect on and after its passage and signing by the Mayor or January I, 2007, whichever is later. Section 4. 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 5. If any portion of this Ordinance is declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction such unconstitutionally, invalidity or unenforceability shall nor affect any of the remaining portions of same. +" PASSED by the Common Council of the City of Carmel, Indiana, this J '8 day of])^, ~_ ,2006, by a vote of.s ayes and \ nays. Version A 12/15/06 10 Kevi irby .-iJ~.", Q Brian D. Mayo ;YL. ;-' ~ecu.s.e D Fredrick J. Glaser oPPosg-l) Mark Rattermann ATTEST: Diana L. Cordray, lAMC, Clerk- easurer ~ me to the Mayor of the City of Carmel, Indiana this 1B-+lctay of 2006, at /0: '10 .p .M. ~ Diana L. Cordray, lAMC, Cler - "S::> Approved by me, Mayor of the City of Carmel, Indiana, this \ ~ ~I day of \ ~"Q~ 2006,at(o:YO P.M. ATTEST: Prepared by Barbara A. Lamb, Director of Human Resources Version A 12/15/06 11 ".