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HomeMy WebLinkAboutD-2138-13 Amend Employee Compensation; 2-40 (Compensation), 2-51 (PTO), 2-52 (Holidays), 2-55 (Bereavement), 2-57 (Limited Operation Days) Sponsors: Councilors Finkam and Rider ORDINANCE D-2138-13 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION II, SECTIONS 2-40, 2-51, 2-52, 2-55 AND 2-57 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel has created a generous compensation and benefits program for its employees; and WHEREAS, in order for the compensation and benefits program to enable the City's operational objectives, it must be equitable, understandable and administratively practicable; and WHEREAS, it is necessary to adjust the benefits program from time to time to achieve the aforementioned goals. 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 II, a new § 2-40(c) is added to read as follows (with subsequent sections re-numbered) and the new section § 2-40(d)(1) is amended to read as follows. § 2-40 Compensation. (c)Recording time worked. (1) Each employee is expected to completely and accurately record all time worked on the timesheets provided by his department, and to comply with all time-keeping policies and procedures established by the City. Falsifying a time sheet is cause for disciplinary action. Notwithstanding the above, an employee who is required to report to a work site on a scheduled or call-in basis shall be paid for a minimum of two (2) hours (including overtime and premium pay on holidays, if applicable). Telephone calls handled from home or from another off-site location do not qualify for the two-hour minimum. (2) The City will pay each employee for all time worked, in compliance with the provisions of the Fair Labor Standards Act, as may be amended from time to time. (d) Overtime compensation. (1) Non-exempt civilian employees; overtime pay. VERSION A—Finance,Administration and Rules Committee 5.16.13 1 Sponsors: Councilors Finkam and Rider a) Civilian salaries are based upon a 37'/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. 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. 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, 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 time- and-one-half rate. i) All hours worked on an emergency call-out basis, if: a) the assignment commences outside the employee's regularly scheduled work hours; 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. ii) All hours that are an extension of the employee's work day, if the work is unscheduled, of an emergency nature and cannot reasonably be delayed until the next scheduled shift. Emergencies will generally involve threats to public health and safety and/or major equipment failures that impact operational capabilities. iii) Phone calls handled from home or from another off-site location will be considered work time, but will not automatically qualify for the time-and-one-half rate. f) Paid time off can be combined with hours worked in a single workweek to create overtime, but such overtime will be paid at the regular rate of pay. An employee will not earn time-and-one-half until he actually works more than 40 hours in a work week. An employee cannot use paid time off on a day in which he is not regularly scheduled to work. g) Paid time off cannot be combined with hours worked in a single day to exceed the employee's regularly scheduled hours, unless the employee has taken PTO and is called in to work before and/or after his regularly scheduled hours. An employee cannot use paid time off during a time in which he is not regularly scheduled to work. VERSION A—Finance,Administration and Rules Committee 5.16.13 2 Sponsors: Councilors Finkam and Rider Section 3. Chapter 2, Article 3, Division II, § 2-51(a), § 2-51(b)(1), § 2-51(b)(2) and § 2-51(b)(5) are amended to read as follows. § 2-51 Paid Time Off(PTO). (a)Definitions. Benefit Year shall mean the first day of the 14th pay period in any given year to the last day of the 13th pay period in the following year. Paid Time Off(PTO) replaces vacation time, sick time and holidays. PTO shall mean time off with pay that shall be used for holidays and can otherwise be used at an employee's discretion and with the approval of the employee's supervisor. Unscheduled PTO is PTO taken with less than 24 hours notice. (1)Accruals. a) PTO shall accrue according to the following schedule; (Note: As of June 22, 2013, the holiday category of leave will be replaced by PTO, which amounts are included in the accruals below. To facilitate the transition, the three (3) holidays immediately following June 22, 2013 (Independence Day, Labor Day and Veteran's Day) will be left in the holiday bank and paid from the holiday bank. The final five (5) holidays of 2013 (Thanksgiving, day after Thanksgiving, Christmas Eve, Christmas, and New Year's Day 2014) will be deleted from the holiday bank and paid from the PTO bank. All time remaining in the holiday bank must be used no later than December 31, 2013, or forfeited. As of January 1, 2014, the holiday bank will cease to exist.) Years 0-5 (date of hire through end of year 5) 9.50 hours per pay period Years 6-12 (beginning of year 6 through end of year 12) 11.25 hours per pay period Years 13-20 (beginning of year 13 through end of year 20) 12.00 hours per pay period Years 21+ (beginning of year 21 through date of separation) 13.00 hours per pay period b) The City may, in its sole discretion, elect to accrue PTO at time intervals other than bi- weekly(e.g., monthly, quarterly, biannually or annually). The conversion to a different accrual interval shall result in accruals essentially equivalent (with allowance for rounding), on a prorated basis, to the bi-weekly amounts stated above. c) An employee must work and/or be on paid leave an entire pay period in order to accrue PTO for that pay period. Any employee who is paid for fewer than 75 hours in a pay period (80 hours for golf course employees) shall not accrue PTO for that period. VERSION A—Finance,Administration and Rules Committee 5.16.13 3 Sponsors: Councilors Finkam and Rider (5) Use of PTO bank. a) Non-discretionary: 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 holiday shall take the time off without pay. Discretionary: 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. b) An employee will be allowed to use only that paid leave that has been credited to his PTO bank. PTO cannot be taken in advance of, or during, the pay period in which it is accrued. c) PTO may be used in increments of 15 minutes. d) Employees are expected to meet the minimum notification standards established by the City. All PTO requests and/or notifications must be made in a manner consistent with each department's documented reporting procedures. e)Use of PTO with less than 24 hours notice is referred to herein as unscheduled PTO. A supervisor may require proof of illness, injury or other emergency when an employee uses unscheduled PTO. An employee using unscheduled PTO shall not be paid for the absence unless he or she has provided notification before the commencement of each work day(unless an emergency makes notification impossible). f) An employee using PTO for his own illness, injury or health condition shall not engage in outside employment during the period of leave. g) Subject to the minimum requirements of this ordinance, each department head may establish additional guidelines for administration of the PTO program. Such guidelines must be in writing, distributed to each employee and posted in the workplace. Failure to follow established procedures may lead to disciplinary action, up to and including termination. Section 4. Chapter 2, Article 3, Division II, § 2-52 is amended to read as follows. § 2-52 Holidays (a)Definitions. Holiday shall mean the 24-hour period from midnight to midnight of a day on the annual holiday schedule, unless otherwise specified. 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 (or portion thereof) worked on a holiday. VERSION A—Finance,Administration and Rules Committee 5.16.13 4 Sponsors: Councilors Finkam and Rider (b) Each year the Mayor shall set a City holiday schedule. Pay for such holidays 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. Notwithstanding the requirements of§2-40 (d)(1)(f-g), a department that is operated and/or may be staffed on a 24/7 basis may allow or require PTO to be used for holidays that fall on an employee's scheduled day off and/or for holidays on which the employee is required to work, in order to ensure adequate staffing at all times. (c)In addition to their regular pay, full-time, part-time and temporary employees required to work on a holiday shall be eligible for premium pay for each hour (or portion thereof) actually worked, as specified in the annual Salary Ordinance. Regardless of the City's holiday schedule, each employee who works January 1, July 4 or December 25 of any year shall be eligible for premium pay. 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 their regular pay only for working on a holiday—they are not eligible for either premium pay or for time-and-one-half. Section 5. Chapter 2, Article 3, Division II, § 2-55(a) is amended to read as follows. § 2-55 Bereavement Leave. (a) Up to three days (22.5 hours) of paid leave may, at the department head's discretion, be granted per year for a death that occurs in a full-time employee's immediate family. For purposes of this benefit, the year shall run from the first day of the 14th pay period in any given year to the last day of the 13th pay period in the following year. This leave cannot be accumulated or carried forward to the following year. An employee in need of more than three days for bereavement must use PTO or compensatory time, or seek approval for additional unpaid leave through his department head, who shall review each request on a case-by-case basis. Section 6. Chapter 2, Article 3, Division II, § 2-57 is amended to read as follows. § 2-57 Limited Operations Days. (a) The Mayor may declare the City to be in limited operations mode for general business purposes due to weather, special events, or the general health, safety and welfare of City employees. When the City is in limited operations mode, essential public safety services will continue uninterrupted, but some non-essential services may be curtailed. VERSION A–Finance,Administration and Rules Committee 5.16.13 5 Sponsors: Councilors Finkam and Rider (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 in limited operations mode 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 may result in disciplinary action. They will receive their regular rate of pay, including overtime, if applicable. (d) A "non-essential" civilian employee who is not specifically called in to work is expected to use his or her best judgment as to whether it is safe to report to work on a day the City is in limited operations mode. An employee who elects not to report to work shall not be penalized in any way, but shall be charged PTO time for the day, or for any part of the day not worked as scheduled. If the employee has no time in his PTO bank, the day shall be unpaid. Section 7. This Ordinance shall be in full force and effect on June 22, 2013. Section 8. 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 9. 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 thiso2O day of _Z:Nf ,\_ ,,,rt\_2013, by a vote of 7 ayes and 6 nays. VERSION A—Finance,Administration and Rules Committee 5.16.13 6 Sponsors: Councilors Finkam and Rider COMMON COUNCIL FOR THE CI Y OF CARMAie ( i Presiding Offic evil D. Rider /-* , fl 1 §sti Richard L. Sharp, 'resident ro Tempore Carol Schleif , ,- ., ,> / 1/, ,, A Ro aid E. Carter W. Eric Sei ensticker , '� / / 40111M, -.■1104...ii, -/ ■ u- 'tnkam • ci Sn .er / ATTE I 1 Diana L. Cordray, I C, Clerk-Tre rer Presented by me to the Mayor of the City of Carmel, Indiana this 1 5 a day of "new.6 2013, at S : 33 /3-.M. U ■ � i i■ i► :A I ' Diana L. Cordray, IAMC, Clerk-Treas ,`rer S÷" Approved by me,Mayor of the City of Carmel, Indiana, this o"1 I day of Inp.1 2013, at 1,: U A-.M. w I James rainard, Mayor ATTEST: 6,,,,,, „.., Diana L. Cordray, IAMC, Clerk-Treabirer Prepared by: Barbara A. Lamb,Director of Human Resources VERSION A—Finance,Administration and Rules Committee 5.16.13 7