Chapter 2.165 GENERAL EMPLOYMENT PROVISIONS

(A) The City Controller is hereby authorized to enter into agreements for the issuance of credit cards to the City for use by City officials and employees for the limited purposes identified in this section. The City Controller shall be responsible for the issuance, possession and use of the credit cards by City officials and employees.

(B) The City Controller shall establish rules and regulations to govern the use of the credit cards. Individuals or departments may be denied use of the cards if they fail to abide by the City Controller’s rules and regulations regarding use. Any unauthorized use or misuse of a credit card by any employee may subject that employee to disciplinary action including, but not limited to, suspension or dismissal from employment.

(C) The credit cards shall not be used for personal profit or benefit. Credit cards shall be used only for the following purposes:

(1) Purchases related to travel for governmental purposes;

(2) Payment of fees, purchases, and other costs where other forms of payment are not accepted or cannot be processed in a timely fashion and are approved by the City Controller;

(3) Purchase of certain computer equipment or software approved by the City Controller;

(4) For the purchase of food, beverages and supplies by departments under the jurisdiction of the Board of Park Commissioners for use and consumption at camps and for concessions sales as approved by the City Controller; and

(5) For emergency purchases; for purposes of this section an “emergency” shall be defined as a situation that could not reasonably be foreseen and that threatens the public health, welfare or safety and requires immediate action.

(D) The credit card balances shall be paid as soon as is possible under City procedures to ensure that no finance charges are incurred.

(E) Charges may not be incurred unless there are sufficient balances budgeted to pay for the charge. [Ord. G-2022-9 § 1, passed 7-26-22; Ord. G-2017-05 §§ 1, 2, passed 3-20-17; Ord. G-2002-4, passed 3-11-02. 1983 Code § 3.30.002.]

2.165.030 City Council participation in collective bargaining.

(A) The City Council desires to be informed of the progress of negotiations between the City Administration and its respective employee bargaining units, to be advised of the time and location of negotiation sessions so that Council members may attend such sessions, and encourages the City Administration and the bargaining units to attend City Council meetings to update the Council.

(B) The City Council will only vote on an entire collective bargaining agreement, and will not vote on any issue that constitutes less than an entire agreement.

(C) Nothing continued herein shall in any way impede the Council’s annual budget making process. [Ord. G-99-2, passed 2-22-99. 1983 Code § 3.30.008.]

2.165.040 Definition of employee.

As used in this chapter, the term “employee” shall mean persons in the employ of the City and all elected officials of the City. [Ord. G-87-40, passed 12-14-87; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 1; 1982 Code § 30.255; 1983 Code § 3.30.255.]

2.165.050 Appointment and term – Oath.

(A) Employees of the City, except as otherwise provided by statute or ordinance, shall be appointed by the Mayor, and shall serve at the pleasure of the Mayor.

(B) Before entering upon the duties of this office, each officer of the City shall take and subscribe an oath to be endorsed either upon his certificate of election, or his certificate of appointment, whichever may be appropriate. The oath to be taken by officers of the City shall be administered by the City Clerk or some other officer authorized to administer oaths, and shall state that the officer will support the Constitution of the United States and the Constitution of the State of Indiana, and that he will faithfully discharge his official duties. Oaths of officers of the City shall be filed with the City Clerk. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 2; 1982 Code § 30.256; 1983 Code § 3.30.256.]

2.165.060 Compensation.

(A) The compensation of employees of the City, unless otherwise set by State or ordinance, shall be fixed by the Mayor after consultation with the Salary Administration Committee. Compensation may never exceed the amount appropriated by the Common Council.

(B) Compensation of employees shall be due and payable biweekly to those entitled to it. The manner of payment of compensation may be determined by the City Controller.

(C) The minimum wage to be paid to employees of the City who are paid by the hour shall be the minimum wage payable to each employee under applicable statutes and regulations per hour. Eight hours of labor shall constitute one day’s work for hourly employees, and 40 hours of labor shall constitute one week’s work. When necessary, department heads or foremen may direct hourly employees to work more than eight hours in one day. The compensation for overtime work shall be one and one-half times the rate of compensation for regular work.

(D) Disclosure. All forms of compensation paid to an employee of the City, directly or indirectly, from any person or entity that is funded in whole or in part by the City, or whose board or governing body is appointed in whole or in part by the Mayor or City, or whose funds are controlled in whole or in part by or through the City regardless of the source of the funds, and including but not limited to funding through appropriations, contractual services, grants, and all other sources, shall be disclosed in the written budget presented to and approved by the Evansville City Council. Each department head is responsible to comply with the disclosure required in this section for all employees in the department. In the event of a new hire during a budget year which includes compensation not previously disclosed in the budget, the disclosure required under this subsection (D) shall be made prior to approval of the appropriation by the Evansville City Council.

(E) The provisions of this section do not apply to employees of the City who have a contract with the City arrived at by collective bargaining between the administration of the City and a group authorized to represent the employees with whom the contract is made. [Ord. G-2010-16 §§ 1, 2, passed 7-2-10; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 3; 1982 Code § 30.257; 1983 Code § 3.30.257.]

2.165.070 Office hours.

The offices of the departments of the City shall be open Monday through Friday, excepting holidays. Departments of the City shall work an eight-hour day. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 4; 1982 Code § 30.258; 1983 Code § 3.30.258.]

2.165.080 Recruitment policy.

Recruitment of employees of the City shall be the responsibility of the Personnel Director. Applicants shall be given equal consideration for positions of employment with the City, without regard to race, religion, age, sex, national origin, or political affiliation. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 5; 1982 Code § 30.259; 1983 Code § 3.30.259.]

2.165.090 Employees’ identification cards.

The Administrative Services Department shall, at the expense of the City, issue identification cards to all full-time employees of the City. Upon terminating his employment with the City, each employee shall immediately return his identification card to the Personnel Department. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 6; 1982 Code § 30.260; 1983 Code § 3.30.260.]

2.165.100 Delivery to successor.

Upon terminating his employment, every employee of the City shall deliver to his successor in office all the property in his possession belonging to the City. The delivery of that property must be made before the employee is paid the last increment of compensation due him from the City. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 7; 1982 Code § 30.261; 1983 Code § 3.30.261.]

2.165.110 Bonding regulations.

(A) Each employee required by statute or ordinance to give bond shall, before entering upon his duties, execute a bond payable to the City with sureties acceptable to the Mayor. A bond given by any employee shall be conditioned on the faithful performance of the duties of the employee and on the delivery of all money and property given into the care of the employee in the course of his employment to the proper person. The cost of bonds required by this section shall be paid from the City fund from which the related employee wages are paid.

(B) The City Controller shall give bond in the amount required by IC 5-4-1-18.

(C) The following officials shall be covered, along with all other employees, under a $100,000 blanket honesty bond and a minimum $25,000 blanket performance bond, unless otherwise provided by statute:

(1) Mayor.

(2) Corporation Counsel.

(3) City Attorney.

(4) Director of Administrative Services.

(5) City Clerk.

(6) Deputy City Clerk.

(7) Deputy City Controller.

(8) City Engineer.

(9) Fire Chief.

(10) Police Chief.

(11) Director, Department of Transportation and Services.

(12) Director, Department of Parks and Recreation.

(13) Director, Redevelopment Commission.

(14) Manager, Stadium and Mesker Music Theater.

(15) Director, Department of Metropolitan Development.

(16) Manager, Community Center Department.

(17) Traffic Engineer.

(18) Director, Area Plan Commission.

(19) Director, Department of Human Relations.

(20) Director, Evansville Environmental Protection Agency.

(21) Members, Common Council.

(22) Members, Board of Public Works.

(23) Members, Economic Development Commission.

(24) Members, Fire Pension Board.

(25) Members, Police Pension Board.

(26) Members, Board of Park Commissioners.

(27) Members, Redevelopment Commission.

(28) Members, Board of Public Safety.

(29) Members, Board of Utilities Department.

(30) Members, Airport Authority.

(31) Members, Area Plan Commission.

(32) Members, Board of Zoning Appeals.

(33) Members, Evansville Public Cemetery Board.

(34) Members, Evansville-Vanderburgh County Board of Health.

(35) Members, Levee Authority Board.

(36) Members, Police Merit Commission.

(37) Members, Animal Control and Education Commission.

(38) Members, Human Relations Commission.

(39) Members, Original Evansville Preservation Commission.

(40) Members, Evansville Environmental Protection Agency Board.

(D) The City Controller is hereby authorized to purchase a blanket bond to cover the faithful performance of all employees, commission members, and persons acting on behalf of the City of Evansville, including those listed in IC 5-4-1-18(a), pursuant to IC 5-4-1-18(b). [Ord. G-90-22, passed 9-25-90; Ord. G-88-11, passed 5-9-88; Ord. G-87-40, passed 12-14-87; Ord. G-86-30, passed 7-14-86; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 8; 1982 Code § 30.262; 1983 Code § 3.30.262.]

2.165.120 Liability.

(A) The bonds required by this chapter or by statute shall remain in effect so long as the official giving the bond remains in office, and until it is ascertained that the employee has properly disposed of the money and property which came into his possession in the course of his employment.

(B) Any authorized person wishing to cancel a bond shall give 30 days’ notice of the intended cancellation to the City.

(C) This section shall also apply to City officials. [Ord. G-88-11, passed 5-9-88; Ord. G-87-40, passed 12-14-87; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 9; 1982 Code § 30.263; 1983 Code § 3.30.263.]

2.165.130 Bonds of subordinates.

(A) The divisions, departments, boards, and commissions of the City which receive money or property in the course of their activities may require any employee of theirs to give bond in any amount which the division, department, board, or commission finds reasonable. The costs of bonds required under this section shall be paid from the General Fund of the City.

(B) Each bond of each bonded employee of the City shall be approved as to its form, amount, and premium by the Common Council. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 10; 1982 Code § 30.264; 1983 Code § 3.30.264.]

2.165.140 Filing of bond.

The date of approval of each bond given by a City employee shall be endorsed upon the bond, and the bond shall be filed with the City Controller. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 11; 1982 Code § 30.265; 1983 Code § 3.30.265.]

2.165.150 Surety companies.

Bonds given by City employees and City officials shall be executed by surety companies authorized to transact business as surety companies in the State. Should a surety company lose its authority to act as such in the State during the term of a bond on which it is a surety given by a City employee or official, the City employee or official shall execute a new bond, using an authorized surety company. [Ord. G-87-40, passed 12-14-87; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 12; 1982 Code § 30.266; 1983 Code § 3.30.266.]

2.165.160 Old Age and Survivors’ Insurance.

(A) The Common Council elects coverage under the Old Age and Survivors’ Insurance as provided by Chapter 212, Acts of 1951, of the Indiana State Legislature, and succeeding legislation.

(B) All employees who are not covered by an existing retirement or pension plan are hereby designated as being covered by Old Age and Survivors’ Insurance.

(C) For the purpose of carrying out the provisions of Title II, Section 218 of the Federal Social Security Act and amendments thereof, the agreement entered into between the State agency with the approval of the Governor and the Social Security Administrator is made a part of this section and shall be regarded as an agreement between this City and the State agency, and shall become a part of the agreement (as modified) between the State and the Social Security Administrator. [Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 13; 1982 Code § 30.267; 1983 Code § 3.30.267.]

2.165.170 Indemnification.

(A) It is the intent of the Common Council that persons performing services for the City at the direction of a lawfully established political subdivision of the City be indemnified and held harmless when acting within the scope of their employment. The indemnification to be provided by the City shall be limited to amounts exceeding applicable insurance coverage.

(B) It is not the intention of the Common Council to create liability on the part of the City more extensive than would exist at common law. Further, it is not the intent of the Common Council to indemnify any employee for willful or wanton misconduct, or for actions taken beyond the scope of the employee’s employment by the City.

(C) The City shall indemnify an employee against whom judgment has been entered by any court as a result of a civil action brought against the employee as a result of alleged acts of negligence, or other allegedly wrongful acts or omissions of the employee done while acting within the scope of his employment by the City. The City need not make indemnification until all appellate procedures have been pursued.

(D) As a condition precedent to the right of indemnification under this section, any employee desiring indemnification shall:

(1) Give the Corporate Counsel of the City, in writing, the right to appear in and defend litigation which may result in a judgment covered by this section.

(2) Grant to the City the right to make investigations, and the right to settle any claims involving the employee as the Corporate Counsel sees fit.

(3) Furnish the Corporate Counsel with all pertinent information as to time, place, and circumstances of any incident which may result in a judgment covered by this section.

(4) Cooperate with the Corporate Counsel with all written material concerning any lawsuit covered by this section which may come into the possession of the employee.

(E) The provisions of this section shall apply equally to City officials under the same terms and conditions as they apply to employees. [Ord. G-87-40, passed 12-14-87; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 14; 1982 Code § 30.268; 1983 Code § 3.30.268.]

2.165.180 Travel expenses.

(A) The City will reimburse its employees for their necessary travel expenses only when such travel has prior approval by the Mayor or his representative.

(B) The Mayor or his representative will only approve travel that is covered by sufficient travel budget, and in the course of an employee’s employment or intended to better equip the employee to perform his duties.

Costs	Reimbursement
Employee auto mileage	The rate allowed by the State of Indiana.
Travel by air	Actual cost (lowest cost)
Lodging	Actual cost at single room rate (lowest cost)
Meals	Actual cost up to amount allowed per day by the State of Indiana at the time of incurrence
All other expenses necessarily incurred directly related to the purpose of travel, such as taxi fare, tolls, parking, registration, business phone calls, and the like	Actual cost

(D) For items reimbursed at actual cost in subsection (C) of this section, Mayoral approval, valid receipts, and a copy of the seminar or event brochure shall be provided to justify the payment request.

(E) Travel advances will not be provided by the City to employees. Travel agents, airlines, or lodges may be paid directly, however, through normal and proper claim payment procedures.

(F) Local business meetings are subject to the following provisions:

(1) The City shall reimburse an employee or pay an agency directly through normal claim payment procedures for local business meetings where meals are served only after prior approval by the Mayor or his representative.

(2) The Mayor will only approve such an expenditure when:

(a) There is sufficient budget available in the subscription and dues account;

(b) The subject of the meeting applies directly to an employee’s job or will better an employee’s skill in his or her position;

(c) The reimbursement shall be for actual cost for the meeting with Mayoral approval and a copy of the meeting brochure attached to the claim form.

(G) When two or more employees or board members attend the same function, they will travel in the same vehicle (mileage only) and lodge in the same room, where possible. Otherwise the reimbursements allowed by this section will be divided by the number of employees or board members involved.

(H) The provisions of this section shall apply equally to City officials under the same terms and conditions as they apply to City employees. [Ord. G-2016-18, passed 4-25-16; Ord. G-88-11, passed 5-9-88; Ord. G-87-40, passed 12-14-87; Ord. G-85-43, passed 10-14-85; Ord. G-81-53, passed 12-14-81. 1962 Code, Art. 3, Ch. 18, § 15; 1982 Code § 30.269; 1983 Code § 3.30.269.]

2.165.190 Fringe benefits.

(A) Vacation.

(1) Based on length of service, employees are entitled to paid vacation leave as follows:

(a) Employees are eligible for vacation on January 1st of each year;

(b) During the first year of service, the employee earns five-sixths of one day per each month of service to be utilized the following calendar year;

(d) During years five through nine, employees are entitled to three weeks per calendar year;

(e) During years 10 through 14, employees are entitled to four weeks per calendar year;

(f) During years 15 through 19, employees are entitled to five weeks per calendar year; and

(g) In the twentieth year and each year thereafter, employees are entitled to six weeks per calendar year.

(2) Notwithstanding the above, the Mayor may award up to two weeks of vacation for use in the first year of employment to a newly hired senior executive employee as part of the compensation package offered to such employee.

(3) On March 1, 2008, employees will be awarded full complement of vacation as dictated by the employee’s years of service as set forth above, minus two months of accrual (January and February), to be utilized in the 2008 calendar year.

(4) If an employee has carryover vacation from previous years, the employee will have two full years to utilize said vacation. The employee must use their vacation accruals from previous years prior to March 1, 2010; any unused vacation accruals after such date will be forfeited. Unused vacation accruals from years prior to January 1, 2008, will be paid out for employees whose employment terminates prior to March 2010. Vacation leave for 2008 should be used in the 2008 calendar year. However, employees may carry over 50 percent of their annual entitlement into the following calendar year to be used prior to the end of the following calendar year. Carried-over vacation that is earned after January 1st of each year, and that is not used prior to the end of the following calendar year, will be forfeited and will not be paid out.

(5) All vacations shall be set by the employee and the employer, and agreed upon so that proper scheduling of work can prevail. The employer retains the right to cancel scheduled vacation time and reset the vacation schedule at a time mutually agreed upon with the employee in the event of an emergency. Except for emergencies, vacation must be requested at least 48 hours in advance.

(6) Vacation time may be used in less than eight-hour increments with the supervisor’s approval.

(7) Employees who have accrued more than two weeks of vacation shall not use more than two weeks of vacation at any one time without the express approval of the department head.

(8) Upon termination, employees are entitled to receive payment for unused vacation equaling no more than the employee’s annual entitlement, at their current rate of pay. However, vacation time shall not be payable to any employee until the employee has completed six months of full-time service.

(B) Sick Leave.

(1) During the first calendar year of service, sick leave is earned by the employee at a rate of two-thirds of one day per month. On January 1st, following a new-hire’s date of employment, the employee will be awarded their full entitlement of eight days of sick leave to utilize for that calendar year.

(2) On March 1, 2008, employees will be awarded a lump sum of sick leave. The lump sum will reflect the period March through December 2008, equaling 6.7 days. This amount will be added to the already accrued (January through February) sick leave to equal a full complement of eight sick days for the calendar year. Accrued sick leave from previous years will be rolled into this lump sum equaling up to no more than 60 days.

(3) On January 1st of each year, all full-time employees will be awarded eight sick days.

(4) Sick days are cumulative and may be carried over from year to year. The maximum number of sick days an employee may accrue shall be 60. Employees who transfer from one department to another shall retain accumulated sick leave.

(5) To be eligible for sick leave, an employee must report the illness to the employer at least 30 minutes prior to their scheduled reporting time. If an employee is absent for three consecutive days due to illness, the employee shall furnish a medical certificate stating that the employee has been ill, was under medical care, and is able to return to work.

(6) Misuse of sick leave benefits will result in the loss of pay for those days when sick leave is misused and shall be grounds for disciplinary action.

(7) At the time of retirement or termination from the payroll of the employer, an employee with at least five years of continuous service shall be entitled to receive payment, at the current rate of pay, for sick leave accumulated in prior years to a maximum of 30 days.

(8) Employees who have accumulated in excess of 30 days of sick leave in prior calendar years may convert up to five days of sick leave to vacation leave. Such leave must be scheduled between the employer and the employee and agreed upon so that the proper scheduling of work can prevail.

(1) Employees who have completed at least one full year of continuous employment with the City are eligible for bonus leave, on the basis of attendance records. Bonus leave is earned on the following basis:

(a) No sick leave used in a calendar year – three days of bonus leave;

(b) One day of sick leave used in a calendar year – two days of bonus leave;

(d) More than two days of sick leave in a calendar year – no bonus leave.

(i) A day equals eight hours.

(2) All bonus leave earned by the employee is to be used within the calendar year immediately following the year in which the bonus leave was earned. All bonus leave is to be scheduled with the approval of the supervisor. Bonus leave does not carry over from year to year, and is not paid on termination.

(D) Personal Days.

(1) Employees shall be entitled to three days of absence per calendar year without the loss of pay for the transaction of personal business and/or the conduct of personal affairs, provided the employee receives prior permission from the employee’s supervisor.

(2) On March 1, 2008, employees will be given two additional personal days. The lump sum will reflect the period for March through December 2008.

(3) On January 1st of each year, all full-time employees will be awarded three personal days to be utilized in that calendar year.

(4) During the employee’s initial calendar year of employment, the employee will be awarded personal days as follows:

(a) If employee is hired between January and April, the employee is entitled to three days;

(b) If employee is hired between May and August, the employee is entitled to two days;

(5) Employees must have completed the 90-calendar-day probationary period prior to receiving credit for any personal leave. However, the Mayor may waive this requirement as part of a compensation package offered to a newly hired senior executive employee.

(6) Personal days are not cumulative and no payment shall be made for unused days upon termination.

(E) Paid Holiday.

(1) A “paid holiday” shall be defined as a paid day off in recognition of a religious, historical or social occurrence.

(2) The following shall be paid holidays:

Nonelection Year	Election Year
Washington’s Birthday	Washington’s Birthday
Good Friday	Good Friday
Memorial Day	Memorial Day
Independence Day	Independence Day
Labor Day	Labor Day
Thanksgiving Day	General Election/Primary Election Day
Friday after Thanksgiving (in lieu of Columbus Day)	Thanksgiving Day
Christmas Eve	Friday after Thanksgiving (in lieu of Columbus Day)
Christmas Day	Christmas Eve (in lieu of Lincoln’s Birthday)
New Year’s Eve	Christmas Day
New Year’s Day	New Year’s Eve (in lieu of Veterans Day)
Lincoln’s Birthday	New Year’s Day
Veterans Day	Martin Luther King, Jr.’s Birthday
Martin Luther King, Jr.’s Birthday

(3) Employees normally scheduled to work shall receive the holiday off with payment at the regular straight-time rate for eight hours.

(4) Employees required to work on a declared holiday shall receive compensatory time off to be scheduled by the employee with the supervisor’s approval. Unused holidays may not be carried over into the following calendar year without the specific approval of the department head.

(5) Employees whose regularly scheduled day off falls on a holiday shall be entitled to the same pay for that day as are employees who would normally be scheduled to work that day. If any of the legal holidays fall on a Saturday, the Friday prior to the holiday shall be the legal holiday. If any of the legal holidays fall on a Sunday, the Monday following the holiday shall be the legal holiday. If any of the legal holidays fall within a scheduled vacation period, one additional day of vacation shall be granted upon the employee’s request at the time vacation is scheduled.

(6) Employees who receive sick leave for the day before and/or after the holiday may be required to submit a doctor’s certificate.

(F) Funeral Leave.

(1) “Funeral leave” shall be defined as leave granted to an employee upon the death of an immediate family member without loss of pay.

(2) “Immediate family” shall be defined to include the employee’s mother, father, grandmother, grandfather, mother-in-law, father-in-law, brother, sister, spouse, child, stepchild, or grandchild.

(3) In the event of death in the immediate family, the employee shall be entitled to be absent from work for a period up to, but not more than, three consecutive working days. In any event, the day of the funeral shall be one of the last days of the leave. The employee shall be compensated at his regular straight-time rate, not in excess of eight hours per day of leave.

(G) Civic Leave.

(1) “Civic leave” shall be defined as leave granted to an employee either to serve as a juror or as a witness, but not as a litigant.

(2) An employee who is required to serve as a juror, or to attend court proceedings as a witness, shall be excused from work for the days which he serves. The employee shall show his superior his subpoena to serve on a jury or as a witness, at least one day prior to the time he is scheduled to serve. After he has completed his jury duty, he shall furnish his evidence of having served on a jury or as a witness for the time claimed. If the employee is released from jury duty by the court any time prior to noon, he shall report to work within one hour of being released by the court.

(3) An employee who is required to serve on a jury or as a witness shall receive the difference between his regular straight-time rate and the payment he receives for the service. The employee shall receive payments for such leave, provided the employee presents the jury pay warrant for the service, properly endorsed, over to the City for payment.

(H) Military Leave.

(1) “Military leave” shall be defined as time off without loss of pay allotted to an employee to fulfill military obligations.

(2) Any employee of the City who is a member of any reserve component of the armed forces of the United States shall be entitled to a leave while he is engaged in the performance of official duty or training in this State or in the United States. Under existing law, and herein authorized as City policy, Reservists and National Guardsmen will be granted time off to participate in summer encampments and/or cruises.

(3) While on military leave, the employee will be granted a military leave of absence without loss of pay for no more than 15 calendar days of each year, at his regular straight-time pay. Military leave shall not affect the employee’s seniority status or benefits.

(I) Application of Section.

(1) This section applies to full-time employees of the City.

(2) The provisions of this section do not apply to employees of the City who have a contract with the City arrived at by collective bargaining between the administration of the City and a group authorized to represent the employees with whom the contract is made, nor to part-time, seasonal, or temporary employees, unless otherwise indicated.

(3) This section shall apply to employees of the Law Department except those employees on a contractual basis. The members of the Law Department not excepted above shall be entitled to receive benefits as if they were full-time employees of the City.

(J) School Leave for Dependent Children.

(1) A full-time employee on the active payroll may be granted up to two hours’ paid leave from work to attend the first day of school with their child.

(a) This applies to employees whose children (or children that they are the legal guardian of) are attending first grade or kindergarten for the first time.

(b) The employer reserves the right to verify the age and grade of the attending child.

(2) The employer reserves the right to deny employee requests to attend school with their child based on departmental workload requirements.

(a) The request must be made by the employee to their department head at least 24 hours prior to the leave date requested.

(b) The department head may grant the request prior to the employee taking the leave, based on departmental scheduling considerations and as long as governmental services are not disrupted.

(3) Subsection (I)(2) of this section exempting collective bargaining groups shall not apply to this subsection (J). [Ord. G-98-6, passed 2-9-98; Ord. G-91-25, passed 8-20-91; Ord. G-88-11, passed 5-9-88; Ord. G-82-28, passed 11-22-82. 1982 Code § 30.270; 1983 Code § 3.30.270.]

2.165.200 Schedule of salary grades – Salary Administration Plan.

(A) Payment of Employees. From and after the first day of January 2024, the appointive officers, employees, deputies, assistants, departmental and institutional heads of the City of Evansville shall be paid according to the schedule of salary grades set out in this chapter, subject to budgetary provisions, in the City Salary Administration Plan and limited to the amounts set forth and adopted by the City Council. Rates set for bargaining units through negotiated agreements shall have the applicable rates specified within the agreement and shall fall within the ranges specified in this chapter. No salaries of public officers shall be paid in advance pursuant to IC 5-7-3-1. The City of Evansville will comply with Federal wage-hour guidelines for all nonexempt employees.

(B) Part-Time Employees. Rates for part-time positions range from the minimum hourly wage established by the United States Congress to an amount determined by the Salary Administration Committee from time to time. Part-time rate variations are a function of the job assignment. Some positions require unique certifications, and some specialized skills require higher compensation. Full-time employees who perform services on an overtime basis for other departments are paid from part-time budgets at their normal overtime rates and are not classified as part-time employees. All part-time salaries are subject to funding availability in the departmental part-time accounts.

(C) Salary Administration Plan. Effective January 1, 2024, the following procedure, which constitutes the salary administration plan of the City of Evansville, shall be in full force and effect:

(1) The following shall constitute the membership of the Salary Administration Committee:

(a) The City Controller.

(b) The Executive Director of Administrative Services.

(d) The Mayor of the City of Evansville.

(e) The City Council President.

(f) An elected minority party member of the City Council.

(2) The Personnel Department has established a classification of the position of each employee of the City, which classification is based upon factors of responsibilities, skills, education, complexities of duties, and similar factors.

(3) The Finance Committee will set the total dollar appropriation by department during budget hearings and shall base its determination upon approved staffing requirements of each department. Consideration shall be given to the total percentage granted for cost of living, any general increase, new employees, and reductions anticipated in the staff.

(4) The Salary Administration Committee shall meet and make recommendations for the salaries to be paid to each employee of the City for the coming year. The salaries established by the Common Council, once fixed, shall not be increased for the fiscal year beyond the levels set in this section. Salaries fixed by this section at the maximum amount may be reduced in accordance with the provisions of IC 36-4-7-3. Salaries authorized by the Mayor shall be within the fixed limitations of total appropriated funds for salaries as provided in subsection (C)(3) of this section.

(5) In no event shall salaries exceed the fixed maximum established by this section for the pay grade and classification of the job and in no event exceed the 2024 budget as adopted and amended by the Common Council.

(6) The Salary Administration Committee shall be charged with the general responsibility for reviewing adjustment of inequities in order to make recommendations to the Common Council for budgetary purposes.

(D) Grades, Classifications, and Schedule of Salary Range. Classifications, grades and schedule of salary ranges shall be established for positions held by City employees. (Ranges are set for base pay only and do not reflect any payment of required overtime, bonuses, shift differentials, or other premiums. All rates are annualized and based on 2,080 hours per year. Nothing in this section shall be construed as guaranteeing any payment to any individual. Actual wages are based on time worked.) All wages are paid weekly or biweekly as governed by any applicable contract or at the direction of the governing board, if there is no written contract. All classifications, grades, and salary ranges shall be reflected as follows:

(1) For non-union employees, board members, and part-time positions, in the budget book.

(2) For unionized employees, in the respective collective bargaining agreement. [Ord. G-2023-19, passed 10-10-2023*; Ord. G-2022-17 § 1, passed 10-11-22; Ord. G-2021-13 § 1, passed 10-13-21; Ord. G-2019-12 § 1, passed 10-15-2019; Ord. G-2018-23 § 1, passed 10-16-2018; Ord. G-2017-24 § 1, passed 10-12-17; Ord. G-2001-19, passed 8-23-01; Ord. G-98-25, passed 8-3-98; Ord. G-80-38, passed 7-28-80; Ord. passed 4-26-76. 1982 Code § 30.271; 1983 Code § 3.30.271.]

* Code reviser’s note: Ord. G-2023-19 is effective January 1, 2024, through December 31, 2024.

2.165.210 Political contributions.

No employee of the City shall be required to contribute any portion of his salary to a political party, and no person shall require or attempt to coerce any employee of the City to contribute sums to a political party. However, nothing in this section shall be construed to prohibit or limit truly voluntary political contributions by public employees. [Ord. G-75-18, passed 8-1-75. 1962 Code, Art. 2, Ch. 2; 1982 Code § 30.272; 1983 Code § 3.30.272.]

2.165.220 Volunteer and emergencies.

The City may allow volunteers to replace spent fuel for those vehicles deemed necessary by the Director of Transportation and Services to aid City rescue personnel in the event of severe weather or natural or manmade disasters. Further, the City will allow private vehicles that are occasionally used for police surveillance programs to fuel at the City garage, when approved by the Chief of Police. [Ord. G-85-43, passed 10-14-85. 1982 Code § 30.273; 1983 Code § 3.30.273.]

2.165.230 Fair share time.

(A) Definitions. The following definitions shall apply to this section:

“Drawee” shall mean a qualified first-time fair share employee whose name is selected at random from a group of eligible first-time givers in the City’s United Way Campaign.

“Fair share contribution” shall mean the donation of the equivalent of one hour of pay per month to the United Way for 12 consecutive months as part of the City’s annual United Way Campaign.

“Fair share time” shall mean the time off from work with regular pay from the City under the terms and conditions of this section.

“Qualified employee” shall mean any full-time or part-time employee, but not seasonal employee, who donates one hour of pay for a 12-month time frame to United Way.

“Qualified first-time fair share employee” shall mean any qualified employee who has not previously taken time off under this program. An employee is eligible for this incentive only one time per lifetime of the employee regardless of re-employment with the City.

(B) Any qualified employee who donates their fair share contribution to the United Way during the City’s annual United Way Campaign shall be entitled to one half-day off with regular pay.

(C) All first-time fair share contributors’ names will be placed in a drawing. Twelve names will be drawn and the successful drawees will receive an additional one half-day off with pay.

(D) Fair share time can be utilized at any time during the United Way year for which the contributions were made subject to the employee’s supervisor’s approval. [Ord. G-2004-14, passed 8-26-04. 1983 Code § 3.30.275.]

Cross-references: Administrative Services Department to assume duties of Personnel Department, EMC 2.20.020(F); Unemployment Insurance Fund, Chapter 3.80 EMC.

2.165.240 Nepotism/contracting with the City.

(A) The City of Evansville finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the City of Evansville and in contracting with the City of Evansville in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012, known as IC 36-1-20.2 and 36-1-21, respectively.

(B) On July 1, 2012, the City of Evansville shall have a nepotism and a contracting with the City policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “nepotism policy”) and 36-1-21 (hereinafter “contracting with a unit by a relative policy”) and implementation will begin.

(C) The City of Evansville nepotism policy is hereby established effective July 1, 2012, by adopting the minimum requirement provisions of IC 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. In addition, a copy of IC 36-1-20.2, Nepotism, in effect on July 1st is attached to the ordinance codified in this section.

(D) The City of Evansville contracting with a unit by a relative policy is hereby established effective July 1, 2012, by adopting the minimum requirement provisions of IC 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein. In addition, a copy of IC 36-1-21, Contracting with a Unit, in effect on July 1st is attached to the ordinance codified in this section.

(E) The City of Evansville finds that both IC 36-1-20.2 and 36-1-21 specifically allow the City of Evansville to adopt requirements that are “more stringent or detailed” and that more detailed requirements are necessary.

(F) The City of Evansville further finds that a single member of the City Council cannot act for the City Council to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the City Council and, therefore, without such authority by the majority, the single member will not be in the direct line of supervision. See IC 36-4-6-11 and IC 36-5-2-94.

(G) The City of Evansville finds that a single member of the various City bodies with authority over employees in the City of Evansville (i.e., the Board of Public Safety, the Board of Public Works, the Board of Park Commissioners, etc.) cannot act for such bodies to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of such bodies when a statute provides that a majority is needed to act, and, therefore, without such authority by the majority, the single member will not be in the direct line of supervision.

(H) All elected and appointed officials and employees of the City of Evansville are hereby directed to cooperate fully in the implementation of the policies created by this section and in demonstrating compliance with these same policies.

(I) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the City of Evansville who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the nepotism policy may be subject to action allowed by law.

(J) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with the City by a relative policy is a violation and may result in the discipline, including termination, of an employee or a curative action. An elected or appointed official of the City of Evansville who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the contracting with the City by a relative policy may be subject to action allowed by law.

(K) The policies created by this section are hereby directed to be implemented by any of the following actions: (1) posting a copy of the ordinance codified in this section in its entirety in at least one of the locations in the City of Evansville where it posts employer posters or other notices to its employees; (2) providing a copy of the ordinance codified in this section to its employees and elected and appointed officials; (3) providing or posting a notice of the adoption of the ordinance codified in this section; or (4) any such other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials. Upon compliance with the foregoing provisions, these policies are deemed implemented by the City of Evansville.

(L) Two copies of IC 36-1-20.2 and IC 36-1-21, as supplemented or amended, are on file in the office of the Clerk for the City of Evansville for public inspection as may be required by IC 36-1-5-4. [Ord. G-2012-11, passed 6-26-12.]