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D-2089-12 FAILED - Amend 2-51 PTO/2-52 Holidays
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTIONS 2 -51 AND 2 -52 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel has created a generous benefits progr I its full -time employees; and \(-Y WHEREAS, the benefits program has multiple goals, including: make Carmel an employer of choice; consistency and equity betw employees; simplicity and ease of administration; and, fina -'a stain WHEREAS, it is necessary to adjust the benef the aforementioned goals. NOW, THEREFORE, BE IT ORDAINED by'-t'fie Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing R Section 2. Chapter 2 Articl All parts of 2 -51 not specific y amend 2 -51 Paid Time Off (PTO). (a) Definitions. Benefit Year shall mean the first the 13th pay period in the follo .`ng year. ORDINANCE D- 2089 -12 Paid Time Off (PTO) repl.- es vacation time, sick time and holidays. PTO shall mean time off with pay that shall be use for holidays and can otherwise be used at an employee's discretion and with the approval the employee's supervisor. Unscheduled PT 0 is PTO taken with less than 24 hours notice. (b) PTO bank y of the 14th pay period in any given year to the last day of (1) Initial unding. All vacation time accrued but not used by an employee prior to June 27, 2009, will be ansferred to the employee's PTO bank. Any unused floating holidays will also be put in the b. The vacation and floating holiday categories of leave will cease to exist. 1 Sponsors: Councilors Snyder and Sharp etitiveness, so as to n various groups of ility; and rom time to time to achieve orated herein by this reference. on II, 2 -51 is amended to read as follows. w remain unchanged. Sponsors: Councilors Snyder and Sharp (2) Accruals. a) In addition to the initial funding described above, PTO shall accrue according to the following schedule (as of June 23, 2012, the holiday category of leave shall cease to exist, and shall be replaced by PTO, which amounts are included in the accruals below): Years 0 -5 (date of hire through end of year 5) 9.75 hours per pay period Years 6 -12 (beginning of year 6 through end of year 12) 11.50 hours per pay period Years 13 -20 (beginning of year 13 through end of year 20) 12.25 hours per pay period Years 21+ (beginning of year 21 through date of separation) 13.25 hours per pay period (5) Use of PTO bank. Employees shall be required to use PTO time for holidays they would be scheduled to work but for the holiday. An employee does not have discretion to work the holiday rather than take PTO. Any employee who does not have sufficient time accrued for a declared holiday shall take the time off without pay. For all discretionary time off, supervisors shall make every effort to honor the paid time off requests of employees, consistent with the needs of the department. (c) Sick leave bank. (4) Maximum accumulation. No employee can carry over more than 300 hours in his sick leave bank from one benefit year to the next. An employee who has a balance in excess of 225 hours in his sick leave bank at the end of the 13 pay period each year (including hours transferred from his PTO bank at the end of the 13` pay period, as outlined in section (b)(8) above) will be eligible for a sick leave buyback. i) An eligible employee may elect to keep or sell back all hours between 225 and 300. All hours in excess of 300 will be bought back. ii) Hours will be bought back at a rate of 50% of the employee's hourly rate at the time of the buyback. iii) The buyback option will be offered for a limited time each year after the end of the 13 pay period. Buybacks will not be offered at any other time for any reason. Section 3. Chapter 2, Article 3, Division II, 2 -52 is amended to read as follows. All parts of 2 -52 not specifically amended below remain unchanged. 2 Sponsors: Councilors Snyder and Sharp 2 -52 Holidays. (a) Definitions. Holiday shall mean the 24 -hour period from midnight to midnight of a declared holiday, unless otherwise specified. Hours Worked shall mean the hours a full -time, part-time or temporary employee actually works on a declared holiday. Premium Pay shall mean the hourly amount, as stated in the Salary Ordinance, a full -time, part- time or temporary employee earns in addition to his regular hourly rate, for each hour worked on a declared holiday. (b) Each year the Mayor shall declare a holiday schedule that will determine the paid holidays of City employees. Holiday pay shall be included in an employee's bi- weekly PTO accrual. Employees are required to use PTO time for holidays they would be scheduled to work but for the holiday. An employee may be required to work on a holiday or may be given the option to work; however, this decision is at the discretion of management. An employee may not choose to work on a holiday because he does not have sufficient PTO accrued or in order to save PTO for another time. (c) In addition to their regular pay, full -time and part-time employees required to work on the holiday shall be eligible for premium pay for each hour actually worked, as specified in the Salary Ordinance. Employees who are given the option to work, but are not required to work, on a holiday shall not be entitled to premium pay. Department heads and golf course employees are not eligible for premium pay. (d)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. Full -time golf course employees shall receive only their regular pay for working on a holiday; they are not eligible for either premium pay or for time and one -half (e) Each employee who works on a declared holiday, whether on a scheduled or a call -in basis, shall receive a minimum of two hours pay (including premium pay). Section 4. This Ordinance shall be in full force and effect on June 23, 2012, with the following exceptions: a) All declared holidays on the 2012 holiday schedule shall remain paid holidays, including all eight (8) holidays that occur after June 23, 2012. b) The sick leave buyback for 2012 shall be based on the balances in the PTO and sick leave banks as of June 22, 2012 (the end of the 13 pay period). 3 [Remainder of page left intentionally blank.] 4 Sponsors: Councilors Snyder and Sharp 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. �R QED s- P* b the Common Council of the City of Carmel, Indiana this Q) day of c 2012, by a vote of 0 ayes and ni nays. Presiding Officer ATTEST: QFPaE\) Sue Finkam ATTEST: PPS COMMON COUNCIL FOR THE CITY OF CARMEL Richard L. Sharp, President Pro Tempore a Pp osED o- '-Prise D Ronald E. Carter W. Eric Seidensticker Diana L. Cordray, IAMC, Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2012, at .M. Diana L. Cordray, IAMC, Clerk- Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2012, at .M. Diana L. Cordray, IAMC, Clerk Treasurer Prepared by: Barbara A. Lamb, Director of Human Resources James Brainard, Mayor 5 Sponsors: Councilors Snyder and Sharp 0 P-P 0s D Kevin D. Rider ©PPoseD Carol Schleif PP�s�� Luci Snyder