HomeMy WebLinkAboutD-1900-08 Compensation Benefits/2009Sponsor: Councilor Carter
Ordinance D-1900-08
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION 11
(ALL SECTIONS) OF THE CARMEL CITY CODE
WHEREAS, the City of Carmel hasdeveloped 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 Cannel, 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. §2-37 (Definitions) is re-numbered §2-39.
B. §2-38 (Health Insurance) is re-numbered 2-42, and §2-42(a) is added as follows
(with subsequent sections re-lettered accordingly):
"(a) Self-insurance,. There is established a self-insurance program for the City for
the purpose of establishing comprehensive medical insurance for qualified City
employees and Carmel-Clay Park Board employees."
C. §2-39 (Life Insurance) is re-numbered §243, and §2-43(a) is amended as
follows.
"(a) The City shall provide life insurance in the amount of $20,000 and accidental
death and dismemberment insurance in the amount of $20,000 for all full-time
employees. Full-time employees, including probationary employees, shall be eligible for
said insurance after 30 days of continuous active employment with the City.
D. §240 (Disability Insurance) is re-numbered §245, and amended as follows:
"(a) Civilian short-term disability;
(1) 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 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 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) Civilian 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 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 terns
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-tern 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.
(c) Police officer and firefighter disability benefils.
Police officers and firefighters receive disability benefits through the Police
Officers' and Firefighters' Pension and Disability Fund."
E. §2-41(Vacations) is re-numbered §2-49.
F. §2-42 (Sick Leave) is re-numbered §2-50.
G. §2-43 (Vacation and Sick Leave Credit) is re-numbered §2-51, and §2-51(c)
and §2-51(d) are amended as follows:
"(c) Vacation and sick leave shall be credited at the end of each month and shall
be available for use on the first day of the following month.
2
(d) Probationary employees shall accrue vacation and sick leave on the schedule
set out in §2-49 and §2-50 of this Code, but shall not be entitled to use accrued leave until
they have completed three months of full-time employment."
) is re-numbered §2-54 and amended
H. §244 (National Guard and Reserve Duty
to read as follows:
§ 2-54 Military Leave.
"(a) It is the City's intent to comply at all times with applicable Federal and State
law as it pertains to military leave, including, but not limited to, the Uniformed Services
Employment and Reemployment Rights Act (USERRA).
(b) Any City employee who is a"member," as that term is defined in LC. 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 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 City vacation allowance.
(c) Any City employee who is a "member," as that term is defined in 1. C. 10-16-
7-2, of the "Indiana national guard" shall also be entitled to receive an unpaid leave of
absence for the total number of days that lie is on state active duty pursuant to 1. C. 10-16-
7-7. Such an. employee may elect to substitute paid leave (excluding sick and/or
catastrophic leave) for any portion of this unpaid leave time.
(d) USERRA may provide an employee with additional rights as regards unpaid
military leave and job reinstatement. In general, USERRA covers all categories of
military training and service, including duty performed on a voluntary or involuntary
basis, in time of peace or war. A complete list of current employee rights and obligations
under USERRA is available from Human Resources. An employee who exercises rights
provided by USERRA shall not be discriminated or retaliated against in any matter of
employment.
(e) The City shall pay 100% of the employer and employee contributions for
dependent (spouse and child(ren)) health insurance coverage during a period of active
duty, other than active duty for training, if the dependents are covered under the City
plan.
(f) The City may, in its sole discretion, elect to pay the difference between an
employee's active duty pay and the employee's regular City salary or wages, whether the
employee's military leave is taken pursuant to Indiana law and/or USERRA, whenever
the employee is ordered to active duty other than active duty for training. Supplemental
pay, if provided, shall be subject to the following conditions:
3
(1) Supplemental pay will be determined by comparing gross military pay
to gross City pay (excluding overtime). If the City's pay is greater, the supplement shall
be the difference between the two. If the City's pay is less than or equal to military pay.
there shall be no supplement.
(2) Hardship Duty/Imminent Danger Pay and Family Separation Allowance
shall not be included in military gross pay for purposes of calculating supplemental pay.
(3) To determine gross military pay, the employee is required to submit a
military Leave and Earnings Statement (LES) at the time he reports for active duty, at the
time he is released from active duty and at any time between if military pay changes. If
military pay increases during the period of active duty and a new LES is not submitted to
the City, the employee shall, upon return from active duty, be required to repay the City
for any overpayment of supplemental pay."
1. §2-45 (Family IllnessBereavement Leave) is re-numbered §2-55 and amended
to read as follows:
"(a) Up to three (3) scheduled work days of special leave may, at the department
head's discretion, be granted annually for a death or major illness in a full-time
employee's immediate family. The department head may request documentation to
support the death or illness. This leave cannot be accumulated or carried forward to the
next year.
(b) Major illness shall mean an illness, injury or condition that requires inpatient
or outpatient surgery and/or hospitalization, or that is terminal. The birth of a child does
not qualify as a major illness unless complications arise that require surgery or extended
hospitalization.
(c) Immediate family shall mean husband or wife, children, father, mother,
sisters, brothers, grandparents and grandchildren. Immediate family shall also include
mother and father-in-law, sons and daughters-in-law, sisters and brothers-in-law, and
grandparents-in-law as well as step-mother and father, step-children, step-brothers and
sisters, and step-grandparents and grandchildren."
) is re-numbered §2-56; and §2-56(a) is amended to read as
J. §2-46. (Jury Duty
follows:
"(a) Any full-time employee who-is required to serve on a petit jury or a grand
jury, and who presents documentation of such requirement, shall be granted time off as
necessary to perform this civic duty. The employee shall receive his regular pay for all
time spent on jury duty. Any monies received from the court for serving on a jury,
excluding mileage, shall be turned over to the Clerk-Treasurer."
4
K. §2-47 (Leaves of Absences) is re-numbered §2-53, and the section title, §2-53(a)
and 2-53(b) are amended to read as follows (the current §2-53(b) and 2-53(c) are re-
lettered §2-53(c) and 2-53(d)c
§ 2-53 Leaves of Absence.
"(a) Fa/nily and Aledical Leave.
(1) Intent. It is the intent of the City to comply in all respects with the
federal Family and Medical Leave Act of 1993 (FMLA), as amended.
(2) Definitions.
Parent shall mean the biological parent of an employee, or an individual who
stood in the place of a parent of an employee when the employee was a child.
Covered Service Member shall mean a member of the Armed Forces,
including a member of the Indiana national guard or a reserve component of the U.S.
Armed Forces, who is undergoing medical treatment, recuperation or therapy, is
otherwise in outpatient status or is on the temporary disability retired list for a serious
injury or illness.
Qualifying Exigency shall be defined by the United States Department of
Labor (DOL), which has yet to issue final regulations in this regard. Until final
regulations are issued, the City retains sole discretion to determine what constitutes a
qualifying exigency.
Serious Health Condition shall mean a physical of mental illness, injury,
impairment or condition that requires inpatient care. in a hospital, hospice or residential
medical care facility or continuing treatment by a health care provider. The latter includes
a period of incapacity (i.e., inability to work, attend school or perform other regular daily
activities) for a period of more than three (3) consecutive calendar days that also involves
treatment two or more times by a health care provider or treatment on at least one
occasion that results in a regimen of continuing treatment.
Serious Injury or Illness shall mean an injury or illness incurred by a member of
the Armed Forces in the line of duty on active duty in the Armed Forces that may render
the member medically unfit to perform the duties of the member's office, grade, rank or
rating.
Son or Daughter shall mean a biological, adopted or foster child, a step child, a
legal ward or a child of a person standing in place of a parent who is under 18 years of
age or who is 18 years of age or older and incapable of self-care because of a mental or
physical disability.
Spouse shall mean a husband or wife as recognized by Indiana law.
5
(3) Eligibilitv.
a) An employee who has worked for the City for atleast 12 months
and for a minimum of 1,250 hours during the 12 months immediately preceding the
commencement of FMLA leave may take up to 12 weeks of unpaid leave in any rolling
12 month period, for one or more of the following reasons:
i. For birth of the employee's son or daughter, and to care for
the newborn child;
ii. For placement with the employee of a son or daughter for
adoption or foster care;
iii. To care for the employee's spouse, son, daughter or parent
with a serious health condition;
iv. Because of a serious health condition that makes the
employee unable to perform the functions of his job; or
v. For any qualifying exigency arising out of the fact that the
spouse, son, daughter or parent of the employee is on active duty (or has been notified of
an impending call or order to active duty) in the Armed Forces in support of a
contingency operation.
b) The 12 month period for taking leave as described in subsections i.
through v. above will be a rolling 12 month period, measured backward from the date an
FMLA leave commences.
c) Such leave may be taken continuously (in an unbroken block of
time), intermittently or through a reduced work schedule.
i. Qualifying leave taken continuously will be designated
FMLA leave only after an absence of more than five (5) consecutive work days or shifts
(despite the fact that a serious health condition may commence after only three (3) days).
ii. Qualifying leave taken intermittently or through a reduced
schedule is permitted for the care of the employee's spouse, child or parent with a serious
health condition, because of the employee's own serious health condition, whenever
medically necessary, or for active duty of a family member. Intermittent or reduced
schedule FMLA leave for the birth or placement of a child may be taken only with the
prior approval of the Board of Public Works and Safety.
d) An employee who has worked for the City for at least 12 months
and for a minimum of 1,250 hours during the 12 months immediately preceding the
commencement of FMLA leave may take up to 26 weeks of unpaid leave in any single 12
month period to care for a covered service member recovering from an illness or injury
6
suffered while on active duty in the Armed Forces, when the employee is the covered
service member's spouse, son, daughter, parent or nearest blood relative.
e) The leave described in subsection (d) above may be taken
continuously (in an unbroken block of time), or, with prior approval of the Board of
Public Works and Safety, intermittently or through a reduced work schedule. This leave
shall be available to each employee only one time during that employee's tenure with the
City, during a single 12 month period.
0 During the single 12 month period described in subsection (d)
above, an employee shall be entitled to a combined total of 26 weeks of leave for all
reasons described in subsections (a) and (d). During any other 12 month period, the
employee is entitled to a total of 12 weeks of leave.
(4) Requesting and scheduling leave.
a) The City reserves the right to designate any qualifying leave as
FMLA leave regardless of whether the employee has specifically requested FMLA leave.
An employee who uses or plans to use more than five (5) consecutive sick days shall
apply for, or be deemed to have applied for, FMLA leave.
b) The employee shall make a reasonable effort to schedule medical
treatment and other eligible appointments and events so as not to unduly disrupt the
ongoing operations of his department.
c) Whenever foreseeable (e:g., birth or child placement, planned
medical care), the employee.shall provide the department head with not less than 30 days
advance notice of intended FMLA leave. If circumstances prevent providing 30 days
advance notice, the employee shall provide as much notice as is reasonable and
practicable. If the employee fails to provide required notice of foreseeable leave with no
reasonable excuse, the City, in its discretion, may deny the taking of leave until the
employee provides adequate notice of the leave:
d) All leave requests shall be in writing. An employee must submit an
FMLA leave of absence request form to the Director of Human Resources. If the
employee is unable to complete the form due to a medical emergency, the employee's
department head may do so on the employee's behalf. Completed requests will be
reviewed by the Director of Human Resources, who shall respond within two working
days of receipt of same. If the leave is approved, the Department of Human Resources
shall provide the employee with written notice detailing the specific rights and
obligations of the employee.
e) If FMLA leave is for the care of an employee's spouse, child or
parent with a serious health condition, to care for a covered service member or the
employee's own serious health condition, a written medical certification must be obtained
7
from the health care provider and submitted along with the leave of absence request form.
Certification from the health care provider shall include:
i. The date the serious health. condition began;
ii. The probable duration of the condition;
iii. Pertinent medical facts within the knowledge of the health
care provider regarding the condition;
iv. If the leave is required for the employee's own serious health
condition, a statement that the employee is unable to perform the essential job functions
of his job;
V. If the leave is required for the care of the spouse, child, parent
or a covered service member; a statement that the employee is needed to provide the care
and an estimate of the amount of time the need will continue;
vi. In the case of intermittent leave or leave on a reduced hours
basis for planned medical treatment, the date(s) the treatment is expected to be given and
the duration of the treatment.
f) If the employee fails to provide the required medical certification
in a timely manner, the employee may be denied leave until such certification is
provided. The City may, at its own expense, require a second and third medical opinion
as regards the medical condition at issue.
g) Additionally, employees may be required, in the City's sole
discretion, to report periodically on the status of their (or their family member's)
condition and their plans for returning to work.
(5) Compensation and benefits under the Family and Medical Leave Policy.
a) Leave taken under the Family Medical Leave Policy is unpaid. It
is, however, the policy of the City to require employees to substitute other applicable
earned or accrued paid time, as set forth below, for all or part of the unpaid leave and
count it against the employee's maximum 12 week leave entitlement under the FMLA.
i_ For the birth, or placement of a child (not including the actual
childbirth, which is covered under subsection iii. below) or active duty of a family
member, the employee is required to exhaust all accrued vacation time.before the unpaid
portion of the FMLA leave commences. The employee may elect, but is not required, to
use accrued holidays and compensatory time off prior to beginning unpaid leave. The
employee may not use accrued sick time for leave taken under these circumstances.
8
ii. To care for the employee's spouse, child or parent with a
serious health condition, or to care for a covered service member, the employee is
required to exhaust all accrued sick time before the unpaid portion of the FMLA leave
commences. The employee may elect, but is not required, to use accrued vacation,
holidays and compensatory time off prior to beginning unpaid leave.
iii. For a serious health condition that makes the employee unable
to perform the essential functions of his job, the employee is required to exhaust all
accrued sick time and then all time off provided under the Police and Fire Department
Catastrophic Medical Leave Bank Policy before the unpaid portion of the FMLA leave
commences. (For civilians, a period during which short-term disability and long-term
disability benefits are paid by an insurance company is considered unpaid leave.) The
employee may elect, but is not required, to use accrued vacation, holidays and
compensatory time off prior to beginning unpaid leave.
b) Exceptions to the policy stated in subsection iii. above:
i. An employee who refuses a suitable light duty assignment
will not be allowed to use accrued sick time. Other paid leave, including vacation,
compensatory time and holidays, may be used with the written permission of the
employee's department head.
ii. A swom member of the Carmel Police Department or the
Cannel Fire Department whose sick leave for the entire year would otherwise be
exhausted by using FMLA leave may choose.to reserve five (5) hours of sick leave for
each full or partial month remaining in the calendar year at the time of the return from
leave. Reserved hours are subject to all restrictions normally placed upon sick leave.
c) Taking FMLA leave shall not result in the loss of any employment
benefit accrued prior to the date on which the leave commences.
d) The following benefits are not affected during unpaid FMLA
leave:
i. Employee's longevity (though unpaid while on leave) will
continue to accrue showing no break in service while the employee is on eligible leave.
The employee's regular base salary and longevity pay shall commence upon his return.
ii. Group health insurance coverage will continue on the same
basis as coverage world have been provided had the employee been continuously
employed during the leave period as long as the employee pays his regular portion of the
premium on a timely basis. Failure of the employee to return to work for a period of at
least 30 calendar days at the end of the leave shall give the City the right to collect the
employer-paid portion of premium contributions made while the employee was on leave,
to the extent permitted by law.
9
iii. Group tern life insurance, accidental death and
dismemberment insurance and short-term disability insurance (civilian employees only)
will remain in force at the City's expense.
e) The following benefits are affected during an unpaid FMLA leave:
i. Although the employee's and employer's contributions to the
Public Employees Retirement Fund may be interrupted during an unpaid leave of
absence, no break shall be reflected in the employee's service credit.
ii. An employee shall not accrue vacation time for any month for
which the employee is on unpaid leave for one-half of the month (15 days) or more.
iii. An employee shall not accrue sick time for any month for
which the employee is on unpaid leave for one-half of the month (15 days) or more.
iv. An employee shall not receive holiday pay for any holiday
that falls during a period of unpaid leave.
(6) Returning from FMLA leave.
a) During FMLA leave, every effort will be made by the City to hold
the employee's position open until he returns to work. However, based upon the necessity
of continuing operations during the employee's absence, the City may choose to fill any
non-elected position. If the position is filled while the employee is on leave, upon return
the employee will be placed in an equivalent position with equivalent benefits, pay and
other terns and conditions of employment. In addition, the position in which the
employee is placed will have substantially similar duties, responsibilities, skill, effort and
authority
b) An employee who has taken leave for his own serious health
condition is required to provide a medical certification from the health care provider
stating that the employee is able to return to work. Ifthe employee fails to provide a
fitness-for-duty certification, return from leave shall be denied until the employee
submits the certificate.
(7) Special rules related to FMLA leave.
a) In the case of spouses who are both eligible City employees,
FMLA leave taken by such spouses in any 12 month period shall be limited to a
combined total of 12 weeks if the leave is taken for the birth or placement of a child or to
care for a parent with a serious health condition. If the leave is taken to care for a
covered service member, or for a combination of caring for a covered service member
and any of the other purposes described in this paragraph, such spouses are limited to a
total of 26 weeks of leave in the single 12 month period described in subsection (3)(d)
above.
10
b) Entitlement to FMLA leave for the birth or placement of a child
into an employee's family shall expire, and all such leave time shall be concluded, by the
end of the 12 month period beginning on the date of birth or placement.
c) An employee taking FMLA leave intermittently or by working a
reduced schedule may be temporarily transferred to an available alternate position with
equivalent pay and benefits if the employee is qualified for the position and if it better
accommodates the recurring periods of leave.
(b) A4ilita)j> Family Leave.
(1) An employee who has a family member ordered to active military duty,
but who does not meet the FMLA criteria for a qualifying exigency, may be eligible for
Indiana Military Family Leave as provided in LC. 22-2-13.
(2) An employee who is the spouse, parent, grandparent, child or sibling of
an individual who is ordered to active military duty for a period that exceeds 89
consecutive calendar days may take up to ten (10) days of unpaid leave per calendar year,
provided the employee has been employed by the City of Carmel for at least 12 months
and has worked at least 1,500 hours during the 12 month period immediately preceding
the day the leave begins. The employeemay take a leave of absence during one or more
of the following periods:
a) the 30 days before active duty orders are in effect;
b) a period in which the person ordered to active duty is on leave
while active duty orders are in effect; and/or
c) the 30 days after the active duty orders are terminated.
(2) An employee requesting leave under this policy must submit a Military
Family Leave Request Form, with a copy of the active duty orders attached, at least 30
days prior to the beginning date of the leave (unless the orders are issued less than 30
days before the requested leave date). The City may require verification of eligibility for
the leave. If the employee does not provide verification of eligibility on a timely basis,
the absence shall be considered unexcused.
(3) Although Military Family Leave is unpaid, the City requires the
employee to substitute all eligible paid leave (vacation; floating holidays and
compensatory time) for unpaid leave: Sick leave may not be substituted for unpaid leave.
(4) An employee who is eligible for ten (10) or more days of FMLA leave
for a qualifying exigency shall not also be eligible for Military Family Leave in the same
calendar year."
L. §2-48 (Retirement) is re-numbered §247 and amended to read as follows:
"(a) Civilian Pension Fund.
(1) All full-time civilian employees of the City who work or expect to work
1,000 hours or more per year must join the Public Employees Retirement Fund (PERF)
on the first day of hire. Two separate and distinct contributions are made to PERF on
behalf of civilian employees.
a) Employer contribution. A percentage of each eligible employee's
gross wages, such percentage to be designated annually by PERF, is deposited into the
PERF pension fund. These payments are not credited to an individual employee's
account. Employees must meet service and/or age requirements to be eligible for a PERF
pension..
b) Employee contribution. An amount equal to 3% of each eligible
employee's gross wages shall be deposited into an annuity account for that particular
employee. PERF shall produce periodic statements for each annuity account.
i.. Effective through December 31, 1997, 3% of the gross wages
of each such employee shall be deducted from that employee's salary as that employee's
PERF contribution.
ii. Effective on and after January 1, 1998, an amount equal to
3% of the gross wages of each such employee shall be contributed to PERF by the City in
lieu of such employee's own contribution.
iii. Deposits made to an annuity account by an employee, or by
the City on behalf of an employee, may be refunded to the employee upon termination of
employment with the City and application to PERF.
(a) Police and Fire Pension Fund.
1) All full-time sworn employees of the City must join the Police Officers'
and Firefighters' Pension and Disability Fund on the first day of hire (those hired prior to
April 30, 1977, may be in an earlier fund). Two separate and distinct contributions are
made to PERF on behalf of sworn employees.
a) Employer contribution. A percentage of a.first class officer's base
pay (including 20 years of longevity pay), such percentage to be designated annually by
PERF, is deposited into the pension fund on behalf of each employee. These payments
are not credited to an individual employee's account. Employees must meet service
and/or age requirements to be eligible fora PERF pension.
b) Employee contribution. An amount equal to 6% of a first class
officers base pay (including 20 years of longevity pay) shall be deducted from the bi-
weekly pay of each eligible employee and deposited into an annuity account for that
employee. PERF shall produce periodic statements for each annuity account.
12
i. Effective through November 29, 2001, the employee
contribution shall be deducted from the employee's salary on an after-tax basis.
ii. Effective on and after November 30, 2001, the employee
contribution shall be deducted from the employee's salary on a pre-tax basis.
iii. Deposits made to an annuity account by an employee may be
refunded to the employee upon termination of employment with the City and application
to PERF, if the plan allows."
M. §249 (Holidays) is re-numbered §2-52, and §2=52(b) is amended as follows:
"(b) 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, full-time 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. Full-time and part-time
employees (except department heads) 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."
N. §2-50 (Overtime) is re-numbered §2-40, and the section title and §240(a)(1) are
amended to read as follows:
§ 2-40 Compensation
"(1) Rate of pay.' Compensation for City of Carmel employees is fixed
annually as required by LC. 36-4-7-3 and I.C. 36-8-3-3. The Common Council shall
approve an annual salary ordinance, which establishes maximum bi-weekly salaries for
each full-time position and maximum hourly rates for part-time positions."
0. §2-51 (Longevity) is re-numbered §241.
P. §2-52 (Worker's Compensation) is re-numbered §246, and §2-46(a) is
amended to read as follows:
"(a) All City of Carmel employees are covered by the provisions of the state's
worker's compensation laws. Civilian employees are eligible for medical and income
replacement benefits. Sworn police officers and firefighters are eligible for medical
benefits only. Sections (b) through (e) below apply to income replacement benefits."
13
Q. §2-53 (Emergency Closure; Days) is renumbered §2-57, and §2-57(e) is amended
to read as follows:
"(e) "ion-essential"full-tiirteand.part-time employees are,noi-to-report for work
in such situations unless theyare specificallyrequesfed`to'do'so by heir supervisors,,in
which case they will be treated,as "essential" employees. "Non-essential" employees who
are not called in to work shall receive their regular pay for such day. Those "'non-
essential" employees`who, nonetheless. voluntarily repoitto work on such ac daY shall* not
receiveany compensation in additiont&their regular rate of pay.."
R. §2-54(a) (Employees Official. Records) is re-numbered §2-38 and'amended to
read as follows:
§:2-38 Employee Records.
The official payroll and benefits. records of the employees affected by,this Division
shall: be kept:in,the office of the Clerk=Treasurer:"
S. §2-54(b) (Employees. Official Records) and §2-55 (Police and. Fire. Personnel
Excluded) are re-numbered §2-37 and amended `to read as.fiillows:,
§ 2-37 Coverage and.Authority'to Adjust. Personnel Policies.
"(a) The employee compensation-and benefit programs described in each. section
below shall apply to all City of Carmel employces? unless otherwise stated therein.
Except; However, the.benefit programs addressed in §2=49 through §2-52 do not apply to
sworn police and fire personnel. who shall .be governed. by their respective rules and
regulations.
(h) The. Board of Public Works and-Safety-may adjustanypersonnel policy not
specifically set bylaw orohdinau'ce dt any time with-adequate notice-to those::cinployees
affected, and to the.Common Council,
T. §2-56 (Deferred Compensation-Plan) is re,-numbered §248, and §2-48(h)(1) is
amended to read as:follows:
"(1) United States Conference of Mayors. (with Nationwide Retirement
Solutions as service provi&6.1'
U. §2-57 (Self-lnsurancc Program) is deleted. Content is added to §2-42 (Health
Insurance).
V. §2-58 (.Transition Plan for Police and Fire Department Civilians) is deleted in its
entirety.
.14
W. §2-59 (Tuition Reimbursement) is re-numbered §2-58, and §2-58(b) and §2-
58(d) are amended as follows.
"(b) The City offers tuition reimbursement for:
(1) 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.
(2) No more than seven (7) three-credit hour courses (or twenty-one (21)
total credit hours) per employee per calendar year. Courses shall be counted in the
calendar year in which they begin.
(3) Courses that will maintain or improve job related skills, and are related
to an employee's current job position or that are part of an educational program that will
provide the employee with a General Educational Development (GED) diploma or an
associate's, baccalaureate or post-baccalaureate degree.
(d) Other program requirements. include:
(1) No provision of the program authorizes an employee to enroll in a
course that meets or that will require travel time during the employee's regular scheduled
work hours. Employees are expected to schedule courses that meet outside of work hours.
(2) Any employee who is reimbursed for tuition under this policy is
expected to remain with the City for a minimum of one year after final reimbursement is
made. To the extent permitted by law, an employee who fails to do so shall be required to
refund the money paid by the City for each course completed less than a year before the
employee's employment termination date.
(3) The employee is responsible for paying all taxes due on tuition
reimbursement benefits. Any reimbursement in excess of the maximum amount
established by federal law shall be reported on the employee's W-2 form as taxable
income."
Section 3. This Ordinance shall be in full force and effect on and after its
passage and signing by the Mayor.
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
15
such unconstitutionally, invalidity or unenforeeability shall nor affect any of the
remaining portions of same..
PASSED by the Common Council oP the City of Carmel, Indiana; this 944A- day of
200$; by a vote of 7 ayes and p nays-
16.
COMMON COUNCIL FOR THE CITY OF
Presiding Of cer
Richard L. Sharp; " residentPro Tempore
364Cn'V. Accetturo
Ronald E.
ATTEjS?T
Diana L. Cordray,.lAMC, Clerk easurer
Kevin Rider
11-2,63
W.,Enc Seidenst ckerA
ydef
Presented by ine to the Mayor of the City- of Carmel, Indiana this 1 l'?` day of
2D08, at
Diana L. Cordray, IA'MC; Clerk-Tr a carer
Approved by me; Mayor ofthelCity of Carmel, Indiana,;this I day of
nw, at`3 SS .M,
la s Brainard;, Mayor
ATTEST:
Diana L. Cordray„IAMC, Clerk=Tre rer
Prepared by: Barbara A. Lamb, D r ctor of Human Resources
IT
IQ N IQ N J
I N N N N IQ
I NI NI N N
I N N
I N
I N
I N N
I N N
I N
\0
' 0 V, I
n I
u, I
VI
W w' IQ I
v,
- v,
O A
10 A
oo A
V A
G'? ?
VI A
A A
W A
N A
--' A
O w
?O w
Oo a
? C
V 0
'DO v C
CT to A N . ;
n
d o C to 0 0 0 r G 0 W v O F d
ry ! w c
?
> It)
O' G X n ... co G 0 p
. IT
tD
°
In
G
-„
y G r
n 5
r
0 : c
o
N N N N N N N N N IQ N N N N N N N 'NI N
I IJ N
I N
I N
I X
vl I
to in V, I
(A I
Ut I
vA V, I
V, VI I
A I
A I
A I
A I
A I
A I
A A A .? W W W
V 00 J C, VI A W N .-. O 0 00 -.l a\ In A W N - O V' 00 -
rD
m e rD r -
- < < d d n r - r d n a
rD rD 0 D; CD G o 0
- a ^ =
c o d G
< ° . r :4 0 = c f ?. o c
C
=
O
u
G
= CD
0.
(D
y
ti
C
p
,=
y
0
N.
N
C
C a
a, O _ _ x
N O r CD
? r
,
CD- (D G G y (D
?
,
S K
ry S d
S G (D CD (D CD o o CD a I
y
lD
= I 1 O I
a _ I
_
_ I
_ I
_ I
_ 1
_ I
_
= "'4N I =
_ I
_ I
= C=
= (/
A
[D C C C C --n r- C C C. C C C G C C O C G G C C ? y ?.
ti
C
'
Q = G B
o- ?'? 3
w c B
O' ?
o-
°'
O'
O' 9
°'
C
cr 3
a- B
O'
O' _
Q
cr
CD O
n CD y 'D _ . n n' - V
- N .+ . . .
O fD lD fD (D G r.
ri
O G (D ^n a
O 0. (D (D ^
'1
fD -I
Fr e'1
(D ^
1
fD I
fD '
(D fV O - .
a .
Q n n n R, (D .7
= G 0. G G O v G "I _ G 0. G R G G O- Cl- O- G G 0. G G C.
..
O
F
E
r
=r
°' o c ?
"° c
F
F
G
w
G
t
m
E
?'
?
C)
G N 'S S W v: ..n 'p 0. S 5 0. Q.
Gm ti C?,- cL CL O 0.
U G 0. (D G _
?
R " _ F ° w
0 0
c, G C y
?Tj O O -
.? In O O '=D y
V O = 0.
O O G
D CD D
0 O O O •
= . O. R
W .
.? v G O R
• p
p ^ '
[RD n S .: r.' '? a=c Oro O O O vl N
0. G ti ff Y` ?
G O ry` ?. V n N (• N• CL _. J O Q.
O 0.
0.
y
S
, O fD
CD pt v'
?..•1
:."i
O'i
?
G
CL =
CD r?
7 ti a n O^ y ? G= Z ? G ? O
N O CL G= n. 0. G G CA O n < O
E O C G R 0. .C O R S w
I,
0. tOD C Ct7 00 ?' cr
n` G -
IT _
cr " n C.1 co
l<
d. ?a
.
r
=
al? O G G
a?
= O
u
fD
? G
N N 00
k
r
D O
°a
Z
Z
Om
ad
?C)
zo
O
b7
z
cn