(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNIVERSARY. The date of employment from which service time is computed to determine the accrual of vacation and sick leave benefits.
COMPENSATION. A salary, wage, allowance and all other forms of valuable consideration earned by or paid to an employee by reason of his or her service or position. It does not include any reimbursement for any expense incurred in the course of employment.
EMPLOYEE. A person legally occupying a position of office in town service.
POSITION. The current duties and responsibilities assigned or delegated by competent authority requiring the full-time or part-time service of one person.
REGULAR EMPLOYEE. A person in full-time, 40 hours per week position, who is paid on a monthly salary and who is entitled to paid vacation, sick leave, holiday and other benefits as established by the Council.
TEMPORARY EMPLOYEE. A person in a temporary or irregular position hired for a period not to exceed a total of six months of 1,050 hours in any 12-month calendar period with the vacation, sick leave, holidays or benefits established for regular employees. It does not include CETA Program Employees.
TOWN SERVICE. All positions, departments and agencies that are controlled and regulated by the Council.
(B) New employees shall be selected to fill vacancies in the town service on the basis of their qualifications. All employees shall complete and submit applications, agreements or statements pertinent to their employment as provided by the Council. The town may require a physical examination of any new regular and temporary employee.
(C) (1) As a condition of employment, the town may prescribe appropriate apparel or uniforms.
(2) The town shall provide all essential equipment and tools. An employee may elect to provide all or any part of his or her own equipment and tools. All town equipment will be signed out prior to its use by any employee. Any employee who has town equipment in his or her possession will be held liable and shall make restitution in the case of damage.
(3) Town equipment and tools shall be used solely in the exercise of authorized town business. Any other use shall be authorized by the Council or Clerk-Treasurer prior to that use.
(D) All police officers shall reside in the town. All other employees shall reside in the town or within 15-minute drive from town limits. FIFTEEN-MINUTE DRIVE means the time taken to travel by auto while complying with traffic regulations.
(E) Wages:
(1) All employees shall be paid bi-weekly; and
(2) All employees shall be paid no less than the current minimum wage required by federal law. The Council sets all salaries.
(F) The regular work week for all employees except emergency personnel shall consist of 40 hours.
(G) (1) Municipal offices shall be closed on and all employees except emergency personnel shall observe the following holidays:
(a) January 1 (New Year’s Day);
(b) Primary election day;
(c) The last Monday in May (Memorial Day);
(d) July 4 (Independence Day);
(e) The first Monday in September (Labor Day);
(f) General election day;
(g) The fourth Thursday in November (Thanksgiving Day);
(h) The Friday following Thanksgiving;
(i) December 24 (Christmas Eve);
(j) December 25 (Christmas Day); and
(k) And any public holiday proclaimed by the federal government.
(2) If any holiday falls on a Saturday, it shall be celebrated on the preceding Friday.
(a) If any holiday falls on a Sunday, it shall be celebrated on the following Monday.
(b) All employees who work on a holiday shall receive an equivalent amount of time off.
(H) (1) All vacation leave not taken at the end of the calendar year will be forfeited. Vacation leave shall not accumulate from year to year.
(2) Employees shall be awarded vacation leave based on their years of continuous service. An employee completes each year of service on the anniversary of his or her employment.
Years of Service | Vacation Days |
0 to 4 | 10 days |
5 or more | 15 days |
(3) Employees must schedule their vacation through their department head or in the event of a department head taking vacation time, such vacation shall be scheduled through the Council. At least two weeks’ written notice must be given before an employee shall be eligible to receive compensation for vacation time.
(4) During the first year of employment, employees shall accrue vacation days at the rate of two and one-half days for each three months of service, but in no event shall employees be entitled to more than ten vacation days during the first two years of employment.
(I) Sick leave and bereavement pay:
(1) Each employee shall receive five sick leave days during each year of continuous employment. Sick leave days shall not accumulate from year to year; however, unused sick leave days may be paid at such employee’s regular rate at the end of each year. Sick leave may be used for illness of the employee or his or her immediate family and for medical appointments by the employee.
(2) Employees are entitled to bereavement pay when there is a death in the employee’s immediate family; for the purposes of this division (I), IMMEDIATE FAMILY means the following relatives of the employee and no other persons:
(a) Parent;
(b) Grandparent;
(c) Child;
(d) Grandchild;
(e) Spouse;
(f) Spouse’s child; and
(g) Brother or sister.
(3) Bereavement leave shall not be deducted from accumulated sick leave or vacation leave. The employee shall be eligible to receive compensation for the day before, the day of and the day after the funeral if such days are otherwise normal working days.
(J) Any employee who violates or knowingly abuses the rules and privileges set forth in this section or any other condition of his or her employment shall be subject to disciplinary action. A verbal warning shall be given to the employee for the first offense. The verbal warning shall be given for the second or subsequent offense and the employee may be suspended for up to seven days without pay. If an employee receives two or more written warnings, he or she may be dismissed without severance pay. An employee may appeal any suspension or dismissal order to the Council.
(K) The town shall pay all documented expenses, including registration fees, incurred by any one employee designated by the Council to represent the town at conferences. The town shall also reimburse employee meal and travel expenses at the rate of $35 per day in addition to any other payments authorized by this section. The town shall not reimburse the employee for expenses incurred by any other person
(L) Social Security deductions shall be deposited with the Public Employees’ Retirement Fund (PERF).
(M) The Council shall fix the compensation of its members, and all town officers and employees in a salary ordinance to be adopted annually.
(1983 Code, § 36-5-3-2) (Ord. passed 12-15-1961; Ord. 80-4, passed 10-4-1980; Ord. 81-1, passed 10-10-1981; Ord. 81-4, passed 1-9-1982; Ord. 88-15, passed 12-12-1988; Ord. 2000-8, passed 10-16-2000; Ord. 2000-9, passed 9-11-2000)
Statutory reference:
Compensation, see I.C. 36-5-3-2