HomeMy WebLinkAbout15-20 Amendement to Ordinance 10685-19, Non-Bargaining Salary Ordinance ,,.4 u rN e� ; MAR 1 8 2020
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CITY OF SOUTH BEND
JAMES MUELLER, MAYOR
OFFICE OF THE MAYOR
March 18,2020
Mr. Tim Scott
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Amendment to 2020 Salary Ordinance in the Event of an Emergency Declaration
Dear Council President Scott:
The outbreak of COVID-19 has brought to light the need for the City's Executive to have
additional flexibility to ensure the support, safety, and security of City employees. The proposed
amendment to the 2020 Salary Ordinance helps provide that flexibility in the event of a declared
emergency in accordance with I.C. 10-14-3-29 (local declaration) or I.C. 10-14-3-12 (state
declaration). Specifically,the proposed amendment expands the ability for City employees to use
accrued sick leave and also gives the Mayor flexibilityto direct personnel to work remotely while
continuing to receive pay.
These provisions are specific to a declared emergency and further are scheduled to sunset
at the end of 2020 absent Council action to continue them.
Thank you for your consideration.
Sincerely,
/ l4JA
Mayor James Mueller
MAR 10 2020
BILL NO. 15-20
ORDINANCE NO. i
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING ORDINANCE NO. 10685-19,WHICH FIXED MAXIMUM
SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING
EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2020, TO
ADDRESS USE OF SICK LEAVE, PAY, AND TELEWORKING DURING DECLARED
EMERGENCY SITUATIONS
STATEMENT OF PURPOSE AND INTENT
On October 14, 2019, this Council passed Ordinance No. 10685-19, which fixed
maximum salaries and wages of appointed officers and non-bargaining employees of the City of
South Bend for the calendar year 2020.
The Common Council of the City of South Bend as well as the City's Executive desire to
amend Ordinance No. 10685-19 as previously amended to address the use of employee sick
leave,pay, and teleworking for City employees during an emergency as declared by the City
Executive in accordance with I.C. 10-14-3-29 or as declared by executive order or proclamation
by the governor of the State of Indiana under I.C. 10-14-3-12.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. Ordinance No. 10685-19 is hereby amended to add the following
additional section:
A. Sick Leave to Care for Family: In the event of a declared emergency in
accordance with I.C. 10-14-3-29, or as declared by the governor of the State of
Indiana under I.C.10-14-3-12, the Mayor of the City of South Bend may modify
appropriate uses of accrued sick leave as outlined in the Employee Handbook to
include an employee's need to care for a child or family member whose school or
place of work has been closed.
B. Stay Home Pay During a Declared Emergency: In the event of a declared
emergency in accordance with I.C. 10-14-3-29, or I.C. 10-14-3-12, the Mayor of
the City of South Bend may direct personnel to work from home or another
remote location and for them to continue receiving pay at their regular rate for all
regularly scheduled, non-overtime hours ("Stay Home Emergency Pay"). Stay
Home Emergency Pay is available subject to the following conditions:
a. Employees who are able to perform some or all job functions from home
or another remote location must perform those functions during the
employee's regularly scheduled City work day;
b. While the employee is working remotely, the employee is considered "on-
call" and, therefore, must be available by phone to respond to City
officials and must be available to return to their work location within two
(2)hours; and
c. The employee may not work to earn compensation from any other source
during the employee's regularly scheduled City work day.
d. Employees who are not full-time will receive Stay Home Emergency Pay
calculated based on average hours worked over the previous two pay
periods.
SECTION II. The amendments to Ordinance No. 10685-19 as set forth in Section I
herein shall expire on December 31, 2020 and shall not be construed to extend beyond that date
without further express authorization.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Tim Scott, President
South Bend Common Council
Attest:
Dawn M. Jones City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 2020, at o'clock . m.
Dawn M. Jones, City Clerk
Approved and signed by me on the day of , 2020, at
o'clock . m.
James Mueller, Mayor,
City of South Bend, Indiana