HomeMy WebLinkAboutD-2081-12 Communications Center $7,500 Retention BonusSponsors: Councilors Carter, Finkam, Rider, Seidensticker, Sharp, Snyder
ORDINANCE D- 2081 -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA AMENDING ORDINANCE D- 2046 -11, WHICH FIXES
SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF
THE CITY OF CARMEL, INDIANA, FOR THE YEAR 2012
WHEREAS, the Carmel Clay Communications Center "CCCC provides
emergency 9 -1 -1 dispatch services for residents of the City of Carmel (the "City and
Clay Township; and
WHEREAS, those services may be contracted to Hamilton County; and
WHEREAS, the City will maintain emergency 9 -1 -1 services until such date as
they become the County's responsibility; and
WHEREAS, many dispatchers may be expected to seek other career opportunities
or to retire in the interim period; and
WHEREAS, neither CCCC nor the City's other public safety departments
Carmel Police Department and Carmel Fire Department —can function effectively
without an adequate number of trained and experienced dispatchers; and
WHEREAS, the City desires to retain its current trained and experienced
dispatchers because an ineffective emergency 9 -1 -1 operation can produce serious
consequences.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section 2. Ordinance D- 2046 -11, Section 2 (Communications), is amended to
include the following:
who is:
Section 1. The foregoing Recitals are incorporated herein by this reference.
"A retention bonus of $7,500.00 (pre -tax) shall be paid to each CCCC employee
a. A full -time employee, as defined by City ordinance, on the date this ordinance
is adopted and on the final day of CCCC dispatch operations; and
b. Not offered a full -time position by the City after such date as CCCC ceases its
dispatch operations; and
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Sponsors: Councilors Carter, Finkam, Rider, Seidensticker, Sharp, Snyder
c. In good standing on such date, as determined by the individual assigned by the
City to manage the transition process. That individual may use any factors he
or she considers relevant in determining whether an employee is "in good
standing including, but not limited to, attitude, job performance and
attendance —and shall document in writing the reason any employee fails to
meet this requirement.
The retention bonus shall be in addition to the eligible employee's final wages
upon separation and the payout of accrued paid time off (PTO), compensatory time off,
and holidays that have been denied due to staffing shortages.
The retention bonus shall be paid on the first City payroll date on or after the date
9 -1 -1 services transition to the County.
CCCC employees shall receive no other payout that is not specifically provided
for by Carmel City Code."
Section 3. This Ordinance shall be in full force and effect on and after its
passage and signing by the Mayor and upon the cessation of CCCC dispatch operations.
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, th 1 4 day of
2012, by a vote of 7 ayes and ZJ nays.
Remainder of page left intentionally blank.
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Presiding r
Richard L. Sharp, Preside Pro Tempore
R. ald E. Carter
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Sponsors: Councilors Carter, Finkam, Rider, Seidensticker, Sharp, Snyder
COMMON COUNCIL FOR THE CITY O CARMEL
Diana L. Cordray, IAMC, Cle reasurer
Presented by me to the Mayor of the City of Carmel, Indiana this o2O day of
2012, at cl'.31 P .M.
Approved by me, Mayor of the City of Carmel, Indiana, this ak day of
2012, at 10: 2-7— -.M.
Diana L. Cordray, IAMC, Clerk easurer
Prepared by: Barbara A. Lamb, Director of Human Resources
evin D. Rider
Carol Schlei
W. Eric Seidensticker
Diana L. Cordray, IAMC, Clerk -T e: surer
atyfes Brainard, Mayor
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I represent the City of Carmel, fndiana "City
CITY OF CARMEL
JAMES BRA! NA RD, MAYO
March 15, 2012
The City is presently negotiating a contract with Hamilton County, Indiana "County that would have
the County provide Emergency 911 dispatch service to the City's Police and Fire Departments. As a result
of this negotiation, it is likely that certain employees working in City's Communication Department will
be terminated. During these contract negotiations, the potentially affected employees may seek other
employment or retire. The City's Communication Department, Fire Department and Police Department
may be unable to function effectively, and public health and safety may be put at risk, if the City is unable
to retain an adequate number of trained and experienced dispatchers. In order to prevent this occurrence,
the City intends to enact Ordinance D- 2081 -12, which will provide a retention bonus "Bonus to each
City employee who agrees to remain at work in the Communication Center until the City's 911 dispatch
responsibilities are assumed by the County.
It is my legal opinion that the Bonus does not constitute ghost employment under I.C. 35- 44 -2 -4, The
employees that receive the Bonus must remain employed by the City until their job function ceases to
exist.
Douglas C. Haney
Carmel City Attorney
2 tE Bass94 Do uments \LEGAL OPINIONS1Ghsst Employment Comm Center ees.3 14 1 2.00crr152012 1 s9 Phe
OFHU: OF THE CITY AITOR\P.1'
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Cn 1 Q CIVIc. SQL I CAI ;MEI., 1N =iG032 PIIONT 3'17 -571 -24 FAX 317 -571 -2484
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