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HomeMy WebLinkAboutD-2037-11 Amend 2-57 Emergency Closure Days AmendedAN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION 11, SECTION 2 -57 OF THE CARMEL °CITY CODE WHEREAS, circumstances occasionally require that City of Carmel offices be closed due to unforeseen circumstances; and WHEREAS, such unplanned closures create numerous issues in relation to the calculation of pay due to various groups of employees; and WHEREAS, the intent of the City is to treat all employees as consistently, fairly and equitably as possible when such unplanned events occur, given the nature of their work assignments and the nature of the event; and WHEREAS, a recent weather- related closure highlighted some shortcomings in the current policy. 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 1I, 2 -57 is amended to read as follows: 2 -57 Emergency Closure Days. Ordinance D- 2037 -11 Sponsor: Councilor Rider (a) The Mayor may declare the City to be closed for general business purposes due to weather, special events or the general health, safety and welfare of City employees. (b) All City employees shall be designated by their department heads as either "essential" or "non- essential" based on their job position. Such designations may change from time to time, depending upon the particular circumstances of each situation. The designation of a job position as "essential" or "non- essential" bears no relationship to the value to the City of that job position or of the individual who holds it. It is strictly a function of whether the job position involves tasks that directly or substantially impact public health or safety, which tasks must be performed regardless of circumstances. (c) Whenever the Mayor declares the City to be closed for general business purposes due to weather, special events or the general health, safety and welfare of City employees, "essential" employees are expected to report for duty at their regularly scheduled time, or as requested by their supervisors. Failure to do so will result in lost Sponsor: Councilor Rider pay for an "essential" employee unless he chooses to use accrued PTO /vacation time or compensatory time off for the day(s) in question, and may also result in disciplinary action. (d) In addition to receiving their regular daily salary or wage for such a day (and overtime pay, if applicable), those "essential" civilian employees who are working when the emergency is declared, or who report to work for any shift during the emergency, shall be entitled to compensatory time off equal to the number of hours actually worked during the emergency up to a maximum of 7.5 hours per day. (e) Given that a substantial part of a police officer or firefighter's job duties is to respond to emergencies, sworn employees of the police and fire departments shall not receive compensatory time off or any other additional compensation for working their regular shift during such a closure. (f) "Non essential" full -time and part -time employees are not to report for work in such situations unless they are specifically requested to do so by their 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 report to work on such a day shall not receive any compensation in addition to their regular rate of pay. (g) A "non essential" civilian employee shall not be charged for PTO, compensatory time off or sick leave during a declared emergency. Essential and non- essential employees who are not scheduled to work during the emergency, and who do not work during the emergency, shall not receive any compensation for the time of the emergency. (h) Although every attempt will be made to treat employees fairly and equitably, the nature of unplanned closures and the circumstances that necessitate them may not allow for all employees to be treated identically. The Director of Human Resources will be responsible for ensuring that compensation for emergency closures is handled as consistently as possible, given the unique circumstances of each emergency event." 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 such unconstitutionally, invalidity or unenforceability shall not affect any of the remaining portions of same. PASSED by the Common Council of the City of Carmel, Indiana, this 1(n4 day of 2011, by a vote of Lc) ayes and r} nays. Remainder of page left intentionally blank Sponsor: Councilor Rider Presiding Off er W. Eric Seide ticker, President ro`Tempore John V. Accetturo onald E. Carter ATTEST: Diana L. Cordray, IAMC, Cler reasurer `(�(�Presented by me to th 1n ATTEST: COMMON COUNCC:' FOR THE CITY OF CARMEL No-r P c =s T Approved by me, Mayor of the City of Carmel, Indiana, this a of (-4Upt,k 6 CAT Diana L. Cordray, .IAMC, Clerk easurer Prepared by: Barbara A. Lamb, Director of Human Resources evin Rider Richard L. Sharp Sponsor: Councilor Rider nei S yder ayor of the City of Carmel, Indiana this i 1 +h day of 2011, at a +0 P.m. Diana L. Cordray, IAMC, Clerk- Treasu: 2011, at 1 1 T 1 �rt- -t James rainard, Mayor