HomeMy Public PortalAbout048-2021 - Amended Budget amendment Stay at home pay due to COVID - 2021 r ,
AMENDED ORDINANCE NO. 48-2020
AN ORDINANCE
AMENDING ORDINANCES 46-2020,47-2020,48-2020,and 49-2020
(COLLECTIVELY"2021 SALARY ORDINANCES")DUE TO
EMERGENCY CIRCUMSTANCES
WHEREAS, the Richmond, Indiana Common Council ("Council")previously adopted Ordinances
46-2020, 47-2020, 48-2020, and 49-2020, which are Ordinances Establishing Wages and Salaries
for 2021,which may be amended from time to time(Collectively"2021 Salary Ordinances"); and
WHEREAS, Council acknowledges that under appropriate circumstances, a political subdivision
may determine that a"disaster" exists, as defined by the Indiana Code, which includes, but is not
limited to, the following: "an occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural phenomenon or human act", which
definition includes an"epidemic"and"public health emergency".
WHEREAS, the Governor of the State of Indiana has declared a public health emergency due to
the COVID-19 pandemic, which public health emergency has been extended numerous times.
WHEREAS, a local disaster emergency may be declared only by the principal executive officer
of a political subdivision; and may not be continued or renewed for more than seven (7) days
except by or with the consent of the governing board of the political subdivision; and any order
or proclamation declaring, continuing, or terminating a local disaster emergency shall be given
prompt and general publicity and shall be filed promptly in the office of the clerk of the political
subdivision.
WHEREAS,the effect of a declaration of a local disaster emergency is to activate the response and
recovery aspects of all applicable local or interjurisdictional disaster emergency plans, which
includes a local travel advisory; and authorize the furnishing of aid and assistance under the plans.
WHEREAS, a political subdivision may make, amend, and rescind orders, rules, and regulations
as necessary for emergency management, and such orders, rules, and regulations have the full
force and effect of law when filed in the office of the clerk of the adopting or promulgating
political subdivision or agency of the state if adopted by a political subdivision.
WHEREAS, Council passed Ordinance 18-2020, which provides for "stay home pay" for
employees under certain circumstances related to the COVID-19 pandemic; however, Ordinance
18-2020 was only applicable to the 2020 salary ordinance.
WHEREAS, the Federal Legislature passed the Families First Coronavirus Relief Act("FFCRA"),
which previously mandated certain time-limited emergency paid sick leave provisions from April
2,2020 through December 31,2020.
WHEREAS, the emergency paid sick leave under the FFCRA provided that covered employers
were required to provide each employee with paid sick time,up to eighty(80)hours,if an employee
is unable to work,or telework,due to a need for leave for any of the following reasons:
1. The employee is subject to a Federal, State, or local quarantine or isolation related
to COVED-19;
2. The employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-19;
3. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
4. The employee is caring for an individual who is subject to a quarantine order, or who has
been advised by a health care provider to self-quarantine;
5. The employee is caring for a son or daughter if the school or place of care of the son or
daughter has been closed,or the childcare provider of such son or daughter is
unavailable due to COVID-19 precautions.
WHEREAS, upon the expiration of the mandatory emergency paid sick leave provisions, the
Legislature granted certain tax credits to employers that continued to abide by those provisions,
which credits extended through September 30,2021.
WHEREAS, the City of Richmond has voluntarily complied with the emergency paid sick leave
provisions of the FFCRA; however, in order to provide certain paid time off to employers,
according to the following terms and provisions, it is now necessary that the City of Richmond
amend the salary ordinances referenced above.
WHEREAS, Council desires to amend the 2022 Salary Ordinances to provide for pay for
employees in certain declared emergency circumstances.
NOW, THEREFORE, BE IT ORDAINED by the Richmond, Indiana Common Council, as
follows:
The 2020 Salary Ordinances are hereby amended to add the following additional section:
Emergency Paid Sick Leave.Any employee that contracts COVED-19 will be permitted to receive
eighty(80)hours of his or her normal rate of pay while the employee is quarantining due to his or
her diagnosis.Part-time employees are entitled to the number of hours equal to the number of hours
that he or she works,on average,over a two-week period. These paid hours are available for
immediate use. These provisions shall be in full force and effect through December 31,2021,with
any employee having the ability to utilize the full eighty(80)hours of emergency paid sick leave
should the employee contract COVED-19 prior to December 31,2021 and shall be retroactive to
September 30,2021.
The amendments set forth above supersede any inconsistent provisions in the 2021 Salary
Ordinances.All other portions of the 2021 Salary Ordinances shall remain in full force and effect.
This Amendment to the 2021 Salary Ordinances shall take effect immediately upon its adoption.
Increases or changes in the payment schedule,when implemented,will be pro-rated prospectively.
Passed and adopted this /g) day of 021,by the Common Council of the City of
Richmond,Indiana. /
\ k e2.1, , President
Li/Ide_e_e...."... �C � 'P ker)
ATTEST: ,City Clerk
(Karen Chasteen,IAMC,MMC)
PRESENTED to the Mayor of the City of Richmond, Indiana,this a/ day of
2021,at 9:00 a.m.
(Karen Chasteen, IAMC,MMC)
APPROVED by me, David M. Snow,Mayor of the City of Richmond,Indiana,this j k day of
DC'-046, ,2021,at c:i -9i) v
,Mayor
(David . Snow)
ATTES
(Karen Chasteen, IAMC,MMC)