Dearborn County passes ordinance to allow its workers to work at home
From the county:
DEARBORN COUNTY COUNCIL
ORDINANCE AMENDING THE 2020 SALARY ORDINANCE
WHEREAS, on the 26th day of November, 2019, the Dearborn County Council adopted the 2020 Salary Ordinance, which established salaries and rates of pay for the officials and employees of Dearborn County, Indiana. This Ordinance may be amended from time to time by the Dearborn County Council as necessary; and
WHEREAS, novel Coronavirus Disease 2019 (“COVID-19”) was declared a Public Health Emergency by Governor Eric J. Holcomb on the 6th day of March, 2020, a National Emergency by President Donald J. Trump on the 13th day of March, 2020, and a Local Emergency by the Dearborn County Board of Commissioners on the 17th day of March, 2020;
WHEREAS, on the 23rd day of March, 2020, Governor Holcomb issued Executive Order 20-08 which ordered Indiana residents to Stay at Home unless the whereby Indiana residents are required to stay at home unless they are engaged in Essential Activities, Essential Governmental Functions, and/or Essential Business Operations. These terms are defined in Executive Order 20-08 and, even if engaged in these permitted activities, Indiana residents are still required to maintain Social Distancing Requirements;
WHEREAS, Executive Order 20-08 directs local governments to “…determine its Essential Governmental Functions and identify employees and/or contractors necessary to the performance of those functions.”;
WHEREAS, the Dearborn County Council desires to amend the 2020 Salary Ordinance to provide for pay for officials and employees in certain declared emergency circumstances.
NOW, THEREFORE, BE IT ORDAINED by the Dearborn County Council as follows:
1. The 2020 Salary Ordinance is hereby amended to add the following section:
Stay Home Pay During a Declared Emergency
The Dearborn County Board of Commissioners have declared an emergency, pursuant to Indiana Code § 10-14-3-29(a)(1). The Governor has issued Executive Order 20-08 which requires some (e.g., non-critical) or all employees to refrain from coming to their work stations during such Order. In response to the Local Emergency and Executive Order 20-08, the Dearborn County Council will provide the employees directed to refrain from coming to work with pay (hourly and/or salaried) for their regularly scheduled non-overtime work hours (“Emergency Stay Home Pay”), subject to the following conditions:
a. If some or all of the employee’s job functions can be performed from home, the employee is expected to perform those job functions from home during the employee’s regularly scheduled non-overtime work hours. Department heads will provide individual employees with any directives pertaining to working from home;
b. Employees will be limited to forty (40) total hours combined between in-office hours and at-home hours. Employees will only be eligible to receive Overtime compensation if they are called in to work OUTSIDE of normal business hours (8:30 A.M. to 4:30 P.M.) and this call-in causes the employee to exceed their forty (40) hours;
c. During the employee’s regularly scheduled non-overtime work hours during the emergency, the employee is considered “on-call” and, therefore, must be available by phone to respond to calls from other County officials and must be available to return to their work station within two (2) hours of notice from their Department Head or his/her designee;
d. The employee may not work or earn compensation from any other source during the employee’s regularly scheduled non-overtime work hours (i.e., for which the employee would earn Emergency Stay Home Pay). Any employee who violates this provision may be subject to civil and/or criminal liability;
e. Emergency Stay Home Pay shall remain in effect so long as an emergency remains declared in Dearborn County, Indiana and the Dearborn County Government Center has limited access. Said emergency may be cancelled by the Dearborn County Board of Commissioners at any time and employees should maintain contact with their respective Department Heads for guidance as to when they will be required to return to work; and
f. This amendment may be amended, extended, or repealed at any time by the Dearborn County Council by passage of a subsequent Ordinance. There is no guarantee established by this Ordinance that the Emergency Stay Home Pay afforded in this Ordinance will remain in effect for the entirety of the declared emergency.
2. The amendments set forth above supersede any inconsistent provisions in the 2020 Salary Ordinance. All other portions of the 2020 Salary Ordinance shall remain in full force and effect.
3. This Amendment to the 2020 Salary Ordinance shall take effect contemporaneously with Executive Order 20-08, that being 11:59 P.M. on the 24th day of March, 2020. Increases or changes in the payment schedule, when implemented, will be pro-rated prospectively.