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(A) In the event that any litigation is instituted by any party against any employee (as herein defined) of the county due to an action arising out of his or her official duties on behalf of the county, the county shall indemnify the employee for all costs of defending the employee in the litigation, including, but not limited to, costs of reasonable attorney’s fees, court costs and deposition and witness fees and, if the plaintiff prevails, any attorney’s fees or costs for which the employee is liable.
(B) The term EMPLOYEE, for purposes of this section, means any person who holds an elected or appointed position in the government of the county, or whose salary or other remuneration is paid in whole or in part by any funds of the county government.
(C) Nothing in this section shall obligate the county to indemnify any employee for any costs for litigation relating to the employee’s criminal acts in office.
(Ord. 1984-1, passed 7-2-1984)
Said county shall reimburse county employees the sum of $24 per diem and mileage allowance at the state allowed rate for the attendance of pre-authorized (authorized by department supervisors; i.e., elected officials) out-of-town conferences.
(Res. passed 3-18-1991)
(A) Each county office, commission or appointed department administrator who submits a budget under State Board of Account County Form 144 shall submit a supplemental schedule that lists the classification of each salary or wage position that is described in the proposed budget for purposes of complying with the Federal Fair Labor Standards Act.
(1) Each position shall be classified as one of the following:
(a) Salary-management and supervisory, overtime is not applicable;
(b) Salary-only compensatory time allowed;
(c) Salary-with compensatory time or overtime pay;
(d) Salary-with overtime pay only; or
(e) Hourly wage-overtime pay only.
(2) Classification of positions is subject to the approval of the County Council, pursuant to I.C. 36-2-5-3.
(B) Each elected official or appointed administrator shall file a statement of its office policy concerning the administration of overtime or compensatory time allowance indicating when and how the employees of that respective office or department are entitled to overtime or compensatory time.
(C) Each county officer or appointed administrator shall submit a specific overtime budget entry for each employment position which the county officer or department administrator has obsignated as eligible for overtime payment.
(D) Two weeks before January 1 of each calendar year, each county officer or appointed administrator shall submit to the Auditor of the county, a complete employee roster that lists the employees and the salary or wage classification of each employee as described in division (A) above. The officer or administrator shall update the list as necessary during the year.
(E) Any overtime shall be authorized and approved before it is incurred. Approval must be documented. One copy of this documentation shall be retained by the elected official or appointed administrator, and one copy shall be sent to the County Auditor’s office.
(F) No employee shall incur and the county shall not compensate an employee for overtime unless said overtime has been approved in advance; however, an officeholder or department head may retroactively approve overtime if such overtime was required for an emergency, extenuating operational problem or law enforcement circumstances.
(G) Any employee who incurs overtime on his or her own initiative and without prior approval of the elected official or appointed administrator of the county office or department is volunteering such time or voluntarily contributing such service to the county. No employee is empowered on his or her own or individually to incur payment or an obligation from the county for wages.
(H) The Auditor of the county shall not pay for overtime service unless the following documents are on file at the office at the Auditor of the county:
(1) The weekly of report of that employee properly shows that such employee has worked more than a 40-hour week;
(2) The employee has been classified and designated as an overtime employee by the elected official or appointed administrator under the roster filed at the beginning of each calendar year; and
(3) Record of approval of overtime as required by division (E) above.
(I) If the Auditor finds any errors or incomplete information on weekly reports, said reports shall be returned to the county official or appointed administrator responsible for supervision of that employee. Accuracy of the weekly work report is the responsibility of the county official or appointed administrator and not the responsibility of the Auditor of the county.
(J) Employees who have been designated by their supervisor as eligible for compensatory time shall receive compensatory time at a rate of one and one-half hours for each hour that has been worked beyond 40 hours in each work week. Approval for overtime is required in advance as provided in division (E) above, whether compensation is to be in cash or in compensatory time. The county official or appointed administrator shall grant, expend and administer compensatory time according to the procedures and policies which that elected official or appointed administrator has on file with the Auditor of the county. Compensatory time accumulated and also compensatory time expended shall be declared upon the weekly employee attendance report. The granting, accumulation and expending of compensatory time is the responsibility of the county elected official or appointed administrator of the employee.
(Council Ord. 1995-8, passed 1-2-1996)
(A) There is hereby created a non-reverting fund for the county’s partially self-funded employee health insurance plan, which fund shall be known as the “Special Non-Reverting Employee Health Insurance Fund”.
(B) The County Auditor is hereby directed to begin a transfer from the various department budgets in an amount equal to the maximum claim level plus an amount equal to the administrative costs for the third party administrator or its successor in 1997, and thereafter.
(C) Upon completion of such transfer, the County Council further authorizes the payment of the maximum claim level for 1997, and thereafter, plus administrative costs to the third party administrator or its successor from the special non-reverting fund established for purposes of administering this plan. This section shall be in full force and effect upon its adoption.
(Council Ord. 1997-1, passed 2-27-1997)
(A) The County Council does hereby consent for the prosecuting attorney for the 69th Judicial Circuit, which served the county, to be designated as a full-time prosecuting attorney as provided by statute.
(B) A copy of this consent shall be filed with the Circuit Court of the 69th Judicial Circuit and the Auditor of the state, pursuant to I.C. 33-39-6-6.
(Council Res. 1999-1, passed 5-18-1999)
(A) The Commissioners hereby adopt the Decatur County Employees’ 457 Deferred Compensation Plan, to be administered and invested by One America Life Insurance Company.
(B) The participation of the county and its employees in the State Deferred Compensation Plan is hereby terminated, effective as of January 1, 2005.
(Ord. 2004-16, passed 11-15-2004)
(A) Ordinance repeal. Ord. 1999-2 and any other ordinances or parts of ordinances in conflict herewith are hereby repealed as of December 31, 2008 at 11:59 p.m.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NEW EMPLOYEE. A full-time county employee beginning their employment after December 31, 2008.
TARGET SALARY. The top salary paid to an employee with the same job category or classification as the new employee for the calendar year that the new employee is hired.
(C) Initial salary of new employees. The initial salary of a new employee shall be 4% less than the target salary.
(D) Pay increases for employees hired prior to or on June 15. Any new employee hired prior to or on June 15 shall receive a pay increase equivalent to 2% of the target salary as of January 1 of the following year. The new employee shall receive an additional pay increase equivalent to 2% of the target salary as of January 1 of the second year following the year of their hiring. As a result, the new employee will receive a total pay increase equivalent to 4% of the target salary.
(E) Pay increases for employees hired after June 15 but prior to or on September l5. Any new employee hired after June 15 but prior to or on September 15 shall receive a pay increase equivalent to 1% of the target salary as of January 1 of the following year and an additional pay increase equivalent to 1% of the target salary as of the following June 15. The new employee shall receive an additional pay increase equivalent to 2% of the target salary as of January 1 of the second year following the year of their hiring. As a result, the new employee will receive a total pay increase equivalent to 4% of the target salary.
(F) Pay increases for employees hired after September 15 but prior to or on December 31. Any new employee hired after September 15 but prior to or on December 31 shall receive a pay increase equivalent to 2% of the target salary as of January 1 of the year following the new employee’s first full year of service. The new employee shall receive an additional pay increase equivalent to 2% of the target salary as of January 1 of the second year following the new employee’s first full year of service. As a result, the new employee will receive a total pay increase equivalent to 4% of the target salary.
(G) Pay increases are in addition to other increases. The annual increases set out above shall be in addition to any other pay increases passed by the County Council.
(H) Employees transferring jobs. Any county employees transferring jobs within the county government shall be credited with their time of service in establishing their initial salary of their new position.
(I) Excluded persons. The employees of the County Highway Department, the employees of the County Sheriff’s Department, part-time employees and elected officials are specifically excluded from the provisions of this section.
(J) Headings. The headings or titles of the several divisions in this section shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this section.
(Council Ord. 2008-4, passed 11-18-2008)
The personnel policies of the county, and any and all amendments, are hereby adopted by reference and incorporated into this code as fully as if set out at length herein.
(Ord. 2012-02, passed 6-18-2012; Ord. 2012-07, passed 6-18-2012; Ord. 2013-12, passed 11-18-2013; Ord. 2020-6, passed 7-20-2020)
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