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Home My WebLink AboutD-2051-11 Amend Sec.2-40 Compensation, 2-47 Retirement As AmendedSponsors: Councilors Seidensticker and Rider ORDINANCE D- 2051 -11 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTIONS 2 -40 AND 2 -47 OF THE CARMEL CITY CODE WHEREAS, salaries for City of Carmel employees are competitive with other municipal employees; and WHEREAS, City employees receive a generous benefits package to supplement their salaries; and WHEREAS, it is not fiscally prudent, nor legally required, to pay overtime for any hours that are not productive. WHEREAS, the City is committed to paying a portion of the employee contribution for members of the 1977 Police Officers' and Firefighters' Pension and. Disability Fund, as long as the total employer and employee contributions combined do not exceed 21%. 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. as follows: Chapter 2, Article 3, Division 11, 2 -40 (c) (1) is amended to read 2 -40 Compensation. "(c) Overtime compensation. (1) Non exempt civilian employees; overtime pay. a) Civilian salaries are based upon a 37 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. b) Employees shall be entitled to compensation at their regular hourly rate of pay for each hour (or portion of thereof) worked in excess of 37%2 but less than or equal to 40 in a workweek, in addition to their bi- weekly salary. VERSION B (17/21/11) 1 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. d) The total hours worked in a regular workweek shall include only those hours actually worked or engaged in work related activities for the purpose of calculating overtime pay. PTO, sick leave, holidays, compensatory time off and other paid absences shall not be included in overtime calculations. e) Notwithstanding section (d) above, the following time shall always be paid at the overtime (time and one -half) rate. i) All hours worked on an emergency call -out basis, if: a) the assignment commences between 4:30 PM and 8:00 AM (or any time on a weekend or a declared City holiday); b) there is no prior notification of the assignment; and c) the employee does not have the option of declining the assignment. If the call -out assignment continues into the employee's regularly scheduled work hours, the employee shall revert to his regular rate of pay during the regularly scheduled hours (This clarifies that weekend call -outs will be eligible for overtime pay). ii) All hours outside the employee's normal work schedule engaged in a snow and ice clearing operation under the direction of the Carmel Street Department. This allows administrative employees who are an integral part of the operation to also qualify for overtime pay). f) An employee may not use more paid time off in a regular work period, as defined, than is necessary to reach his regularly scheduled hours for the week. That is, paid time off cannot create unscheduled overtime, even at the regular rate of pay. (2) Non exempt civilian employees: compensatory time off. VERSION B (11/21/11) 2 Sponsors: Councilors Seidensticker and Rider 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 for on an hour -for- hour basis for each hour (or portion thereof) worked in excess of 371/2 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 pay out any or all accrued compensatory time off. (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 work week. 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. (4) Non exempt sworn Police Department employees. a) The regular work period for police officers is 28 days. 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 Sponsors: Councilors Seidensticker and Rider 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. (5) Non- exempt sworn Fire Department employees. VERSION B (11/21/11) 3 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 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." Section 3. read as follows: 2 -47 Retirement. Sponsors: Councilors Seidensticker and Rider Chapter 2, Article 3, Division II, 2 -47 (b) (2) (d) is amended to "(b) (2) (d) Effective on and after January 1, 2009, the City shall pay a portion of the employee contribution equal to 21% less the employer contribution; the remaining portion of the employee contribution shall be deducted from the employee's salary. If the employer contribution equals or exceeds 21%, the City shall pay no portion of the employee contribution." Section 4. This Ordinance shall be in full force and effect on January 1, 2012. Section 5. 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 6. 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 S day g,_,t eA 2011, by a vote of 7 ayes and 6 nays. VERSION B (11/21/11) 4 Pr: iding Officer W. Eric Seid lsticker, President P_ie'4empore ATTEST: V. Accetturo Ronald E. Carter COMMON COUNCIL FOR THE CITY OF CA EL Diana L. Cordray, IAMC, Clerk -Tj. surer Presented by me to the Mayor of the City of Carmel, Indiana this Je day of 1).Qr ern be r 201.1, at S 'IS O'clock to Al Approved by me, Mayor of the City of Cannel, Indiana, this day of 2011, at I a as O'clock P .M. Diana L. Cordray, IAMC, Clerk -T surer Prepared by: Barbara A. Lamb, Director of Human Resources, at request of Ordinance Sponsors VERSION B (11121/1 1) 5 Sponsors: Councilors Seidensticker and Rider Aol ep Gr .fiths App K vin Rider Richard L. Sharp OPM Luc yder s Brainard, Mayor Diana L. Cordray, IAMC, Clerk surer O