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Home My WebLink AboutD-1974-09 Brookshire Golf Course Employment Policies/Compensation Sponsors: Councilors Snyder and Rider Ordinance D- 1974 -09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION II SECTIONS 2 -39, 2 -40 and 2 -52 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel purchased the Brookshire Golf Course for the purpose of enhancing lifestyle and entertainment opportunities for members of the community and producing revenues for the General Fund; and WHEREAS, the operations of the golf course are carried out by employees of the City; and WHEREAS, the City has existing employment policies concerning employee compensation and benefits, some of which impede the efficient, timely and fiscally sound delivery of services at the golf course. 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. §2 -39 is amended as follows: 2 -39 Definitions. For purposes of this division, the following definitions shall be used: Department Head shall mean the City Attorney, City Engineer, Fire Chief, Police Chief, Street Commissioner and the heads of the departments of Administration, Communications, Community Services and Utilities. The Director of Parks and Recreation may also be considered a department head for benefits purposes, provided the Carmel -Clay Parks Board also approves such benefit status. Full -Time Employee shall mean an employee who is regularly scheduled to work at least 37' hours per week, or at least 75 hours per two -week pay period, on a year -round basis. 1 Full -Time Golf Course Employee shall mean an employee of Brookshire Golf Course who is regularly scheduled to work at least 2080 hours in a calendar year. Part -Time Employee shall mean an employee who is regularly scheduled to work fewer than 371/2 hours per week, or fewer than 75 hours per two -week pay period. Probationary Employee shall mean a full -time employee hired serving a probationary period, lasting at least three (3) months but no longer than 12 months from date of hire. Temporary Employee shall mean an employee hired for a limited term. There are no limits on the number of hours per week a temporary employee may work, except as dictated by budgetary constraints." B. §2- 40(c)(1)(a) is amended as follows: "a) Civilian salaries are based upon a 371/2 hour work week, except that golf course employees are paid for a 40 -hour week. 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." C. §2- 40(c)(3) is added as follows after §2- 40(c)(2) (with subsequent sections renumbered accordingly): "(3) Non exempt golf course employees. a) All full -time non- exempt golf course employees shall receive compensatory time off in lieu of overtime pay, up to a limit of 240 hours. Employees 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. b) All overtime in excess of 240 hours shall be compensated monetarily at a rate of one -and- one -half times the employee's regular hourly rate of pay." D. §2- 40(c)(5) (which will be re- numbered §2- 40(c)(6)) is amended as follows: "(6) Exempt employees; compensatory time off. 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 work week. Exempt 2 employees shall not receive compensatory time off for hours worked in excess of 371/2 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 cease until the balance drops below 50 hours. Except, however, that exempt golf course employees may earn an unlimited amount of compensatory time off during the golf season (March 1 through December I). d) All accrued compensatory time off may be carried forward indefinitely, except that golf course employees must use all hours earned during each golf season prior to March 1 of the year immediately following. Any compensatory time off not used by March 1 shall be forfeited. 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." E. §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. This paragraph does not apply to golf course employees, whose holiday compensation is described below. Full -time golf course employees shall receive their regular pay (including overtime pay, if applicable) for working on a holiday, plus compensatory time off on an hour for -hour basis. Part-time golf course employees shall receive time- and one -half their regular hourly rate for each hour (or portion thereof) worked on a holiday. No golf course employee shall be eligible for holiday premium pay or for any other holiday compensation not described in this paragraph." 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. 3 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 not affect any of the remaining portions of same. PASSED by the Common Council of the City of Cannel, Indiana, this 7 day of 2009, by a vote of 7 ayes and D nays. Remainder of page intentionally left blank 4 COMMON COUNCIL FOR THE CITY OF CARMEL 4 Presiding O f et:i$ r� J. cp. G 'ffit s APO 4, W. Eric Seidens cker, President Pr Tempore evin Rider I Hee Js� V. Accetturo Rich rp ESta Ronald E. Carter Luci S. der ATTES 1 U 0 Diana L. Cordray, IAMC, Cle reasurer Presented by me to the Mayor of the City of Carmel, Indiana this 8 day of b.s- e.s.re aikh. 2009, at I' P.M. t L t i a Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this 1/ t h day of Dec.err`7pr 2009, at L$ A.M. 1e Brainard, Mayor ATTEST: D ianaiana L� Clerk Treasurer Prepared by: Barbara A. Lamb, Director of Human Resources 5