TITLE 22
COUNTY EMPLOYEES

ARTICLE 1
COUNTY EMPLOYEES

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County Personnel Policy. 

Chapter 1
Personnel Policy Amended

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Personnel Policy Amended.  WHEREAS, the DeKalb County Commissioners and the DeKalb County Council have reviewed the existing personal policy for DeKalb County, All Full Time Employees Except Police, Highway, Jail, Welfare and County Home Employees, and,

Whereas, it is the consensus opinion of the commissioners and the council this it is necessary that Section 5A Vacations of the personal policy be amended and modified:

Now Therefore Be It Resolved That:

Section 5 Leaves, Subsection A, Vacation Leave, Subsection (a) is repealed in its entirety and a new section, Section 5A (a) shall read as follows:

Section 5 leaves

A.   Vacation Leave
(a)   New employees earn five working days of said vacation once they have been full time employees of the county continuously for six months. All employees (new or old) who then continue to work for the county as a full time employee after the first six months of employment shall earn an additional five days of paid vacation. When employed by the county full time for ninety-six continuous month they will earn an additional five days for a total of fifteen days. After 180 continuous month they will earn an additional five days for a total of twenty days. This schedule does not apply to elected officials, but does apply to all non elected employees on the full time payroll of DeKalb County on and after the effective date of this resolution. Failure of the department head to make the notation cited at subparagraph (c) below shall make it mandatory that the county auditor reject the receipt of the claim until it is completed as specified.

All DeKalb county employees who are currently in the full time employment status and earning vacation time must use up all unused vacation accumulated as of December 31, 1994 before December 31, 1995, and failure to use such vacation time shall result in the forfeiture of all unused vacation time earned prior to December 31, 1994; therefore all vacation time earned in any calendar year must be used before December 31 of the next calendar year and failure to do so shall be an automatic forfeiture of those unused vacation days.

Section 5 A (j) is hereby repealed.

All other provisions of section 5 A (b), (c), (d), (e), (f), (g) and (h) shall remain in effect.

(Res. 95-1, passed January 16, 1995)

Chapter 2
Personnel Policy Amended

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Personnel Policy Amended.  The DeKalb County Council approved the County Employees rewritten Personnel Policy on 12-07-98, and the DeKalb County Commissioners approved the County Employees rewritten Personnel Policy on December 14, 1998. The County Personnel Policy may be changed from time to time unilaterally by the DeKalb County Commissioners.

ARTICLE 2
SALARIES

Chapter 1
Ordinance Repealing Part of Salary

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Ordinance Repealing Part of Salary.  WHEREAS, the DeKalb County Council did on September 7, 1984 and on the 4th day of December, 1984 adopt a salary ordinance for employees of DeKalb County, and said ordinance did in part provide in the section designated as follows:

Jail Commander Salary $17,955.00

NOW THEREFORE be it ordained that:

The section of the 1985 salary ordinance providing for the salary of the Jail Commander $17,955.00 is hereby repealed. All funds appropriated for the expenditure of Jail Commander salary shall revert to the general fund of unappropriated monies of DeKalb County.

(Ord. 85-1, passed February 4, 1985)

ARTICLE 3
WORK REGULATIONS FOR FAIR LABOR
STANDARDS ACT

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WHEREAS: The DeKalb County Council and the DeKalb County Commissioners have determined that a need exists for the establishment of certain work regulations to meet the demands of the Fair Labor Standards Act (called FLSA)

NOW THEREFORE BE IT ORDAINED THAT:

1.   The DeKalb County Welfare Department shall be subject to such work rules and regulations as may be adopted by the State of Indiana for state employees.
2.   DeKalb County Highway employees shall be subject to such work regulations as may be separately adopted herein.
3.   DeKalb County commissioned police personnel shall be subject to such work regulations as may be separately adopted herein.
4.   The investigator for the Prosecuting Attorney of DeKalb County shall be subject to the rules and regulations established for county police personnel
5.   All persons exempt from coverage under the provisions of the Fair Labor Standards Act are exempt from the provisions of this ordinance which includes all department heads, elected officials, certain administrative and professional persons and members of administrative boards as defined in the law and others so excluded.
6.   The hourly rate for salaried employees shall be, the annual amount appropriated for the salary for the position filled by that person in the county salary ordinance divided by 1,820.
7.   The hourly rate for non salaried employees shall be the hourly rate of pay established in the salary ordinance annually for the position.
8.   Time and one half shall be the combination of the hourly rate plus one half of the hourly rate.
9.   Courthouse employees shall be all persons receiving a payroll check from the DeKalb County Auditor except those persons exempt from FLSA coverage, county highway employees, commissioned police personnel, prosecutors investigators and Welfare Department employees.
10.   Department heads shall include the Building Commissioners, the Chief Probation Officer, Director of Veterans Administration, all elected officials.
11.   The work week for court courthouse employees for FLSA purposes shall be from 12:00 midnight Friday until 12:00 midnight the following Thursday.

and

The regular compensated work day shall be a seven hour day plus a one hour non compensated lunch period.

12.   Whenever a non exempt courthouse employee has accumulated thirty five hours of compensated work time within a defined work week, such person shall thereafter be entitled to receive compensation at the rate of the regular hourly rate for the thirty sixth through the fortieth hour worked within that work week and the hourly rate plus one half of the hourly rate for each hour worked within the work week beginning with the forty first hour or part thereof.
13.   County highway employees shall receive the regular established hourly rate for each of the first forty hours worked within the work week and the hourly rate plus one half for each hour or part thereof over forty hours worked within a work week, which shall be designated overtime pay.
14.   The work period for FLSA purposes for police personnel as defined herein shall be a 24 day period as established pursuant to FLSA and those persons shall receive the regular hourly rate for the first 147 hours worked within that period and the regular hourly rate plus one half for every hour over 147 hours worked within that period or part thereof.
15.   Comp time or Kelly Days may be granted to employees by department heads or elected officials by mutual agreement with the employee as provided for in FLSA.
16.   The full responsibility for providing the proper appropriated funds for the payment of all wages prior to the performance of the work that shall be compensated shall rest with those individuals who are required by law to submit salary ordinance requests and department budget requests.
17.   Department heads and elected officials are directed to familiarize themselves with FLSA and all rules and regulations issued incidental thereto and they shall be responsible for the strict enforcement thereof as well as compliance with Indiana Code 36-4-7-3 (C), which means in substance that no employee shall be allowed to incur a wage claim against the county until such funds to pay that wage have been properly appropriated as required by law, subject to certain judicial and police emergencies recognized by the law.

(Ord. 85-3, passed September 16,1985)

ARTICLE 4
COUNTY RETIREMENT POLICY

Chapter 1
Public Employees Retirement Fund

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Public Employees Retirement Fund.  WHEREAS, the DeKalb County Council is the governing body of the DeKalb County in DeKalb County, in the State of Indiana, and

WHEREAS, the actuary for the Public Employee' Retirement Fund has furnished such governing body with certain costs estimates to become a participant in such Fund as established by the Acts of 1945, Chapter 340 and all Acts amendatory and supplemental thereto and,

WHEREAS, such governing body is fully cognizant that the percentage of cost of gross annual payroll of covered employees has been set at $39,800,00 by the actuary of the Funds and that at five years intervals or more often as directed by the Board of Trustees of the Public Employee' Retirement Fund, the actuary will review the status of the employees covered and shall adjust the cost percentage accordingly so that the Fund will remain on an actuarially sound basis, and

WHEREAS, such governing body acknowledges its liability and that, pursuant to law it and its successors in office, must appropriate sufficient funds each year to retire the employees, prior service liability in an orderly manner and also fund the current costs accruing annually.

NOW THEREFORE, BE IT ORDAINED by the governing body of DeKalb County, in DeKalb County in the State of Indiana:

Section one: The DeKalb County Council elects to become a participant in the Public Employees, Retirement Fund as established by the Acts of 1945, Chapter 340 and all Acts amendatory and supplemental thereto.

Section two: The DeKalb County Council agrees to make the required contributions under the Public Employee' Retirement Fund Act which is the Acts of 1945, Chapter 340, and all Acts amendatory thereof and supplemental thereto, including specifically the Acts of 1955, Chapter 329, commonly designated as "The Indiana Public Employee' Social Security Integration and Supplemental Retirement Benefits Act,"

Section three: The following are declared to be covered by the Fund: All County Employees who are qualified,

Section four: It is hereby declared that none of the classifications or positions specified in Section Three are compensated on a fee basis or of an emergency natures or in a part-time category,

Section five: The active participating membership of the DeKalb County, Indiana shall begin on January 1, 1969

Section six: This Resolution shall be in full force and effect from date of passage and upon approval of the Board of Trustees of the Public Employee' Retirement Fund of Indiana, except that active participation membership shall begin on the date set forth in section five,

(Res. 071568, passed July 15, 1968)

Chapter 2
County Councilmen Eligible to Join
Public Employees Retirement Plan

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County Councilmen Eligible to Join Public Employees Retirement Plan.  WHEREAS, the County of DeKalb through its County Commissioners and County Councilmen have agreed that Councilmen will be eligible to join the Public Employees Retirement plan as they have in prior years. The minimum number of hours per year has now been increased from 600 to 1000. It will be considered that Councilmen will qualify as having served annually the minimum hours required.

WHEREAS, the County Commissioners have designated the current County Auditor's notarized signature as the only authorized signature to certify creditable service for any present of former employee.

(Res. 82-1, passed December 27. 1982)

ARTICLE 5
LONGEVITY ELIMINATION

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Longevity Elimination.  WHEREAS, DeKalb County has for many years paid its employees longevity compensation at the rate of one hundred dollars per year for the years the employee continued to work for DeKalb County up to a maximum of eight years;

WHEREAS, DeKalb County has experienced some problems and undue complexity in calculation and application of longevity; and

WHEREAS, the DeKalb County Council and the DeKalb County Commissioners have decided to eliminate longevity;

NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the DeKalb County Council and the DeKalb County Commissioners eliminate longevity compensation for employees of DeKalb County beginning with the calendar year 1998 and any current level of longevity for any existing employee shall become part of that employee's salary beginning with the calendar year 1998, and no longevity shall be paid in 1998 or thereafter. The concept of awarding compensation based upon longevity for years of service is hereby eliminated for DeKalb County employees.

(Ord. 97-3, passed April 7, 1997)

ARTICLE 6
APPOINTED PERSONNEL

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Be it resolved that all appointed personnel shall continue in their official positions until such action may be taken by the incoming, new Board of County Commissioners on or after January 1, 1981.

(Res. 80-2, passed December 29, 1980)

ARTICLE 7
ESTABLISHING DEFERRED COMPENSATION PLAN

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WHEREAS, the County wishes to establish a Deferred Compensation Plan for all eligible County employees and elected officials; and

WHEREAS, certain tax benefits could accrue to County employees, which would act as incentives for them to voluntarily set aside and invest portions of their current income, so as to provide for future financial security and to supplement their retirement benefits; and

WHEREAS, the State of Indiana currently sponsors a deferred compensation plan and permits the County to utilize its Plan Document, its investment options, and the enrollment and administrative support of its Service Manager;

NOW, THEREFORE, THE DEKALB COUNTY GOVERNING BODY DOES HEREBY RESOLVE AS FOLLOWS:

The County governing Body, meeting in a regularly scheduled session, this 21st day of November, 1983, hereby establishes the DeKalb County Deferred Compensation Plan for the voluntary participation of all eligible County employees and elected officials.

The County will utilize the State's Plan Document and its investment options. The County will contract with Indiana Deferred Compensation Plan, Inc. to be the exclusive Servicing Manager and Enroller.

The Board hereby appoints the County Auditor as Administrator of the Plan, and authorizes him to make deductions from the pay of employees, who voluntarily participate, and to make such other arrangements as are necessary to implement the Plan. It is understood that, other than the incidental expenses of collecting the employees' deferrals and other minor administrative matters, there is to be no cost or contribution by the County to this Plan.

(Res. 83-13, passed November 21, 1983)

ARTICLE 8
IPEP-WORKERS COMPENSATION

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WHEREAS, pursuant to IC 36-1-7 and IC 23-7-1.1, the DEKALB, COUNTY desires to combine with other governmental entities of the State of Indiana as defined in IC 34-4-16.5-2 (C) in a group self-funded program to be known as the "Indiana Public Employers' Plan, Inc.", and Indiana not-for-profit corporation, (hereinafter referred to as "IPEP" or the "Plan") for the purpose of paying and administrating their respective obligations to their employees and dependents under the Indiana Worker's Compensation Act (IC 22-3-2 through IC 22-3-6), hereinafter referred to as the "Acts", and;

WHEREAS, as the governing body of the aforesaid governmental entity of the State of Indiana, as defined by IC 34-4-16.5-2 (C), we desire to give and grant authority the below-named person to execute for and on behalf of this body a membership Agreement with the Plan and to provide and execute such other documents as are necessary to affect membership in and the purpose of the Plan.

THEREFORE, BE IT RESOLVED THAT:

1.   William C. Ort is hereby authorized to execute for and on behalf of this body a Membership Agreement in the Indiana Public Employers' Plan, Inc., ("Plan") and provide and execute such other documents as may be necessary to affect membership in and the purposes of the Plan.
2.   The fiscal officer of DEKALB COUNTY is hereby authorized to pay or cause to be paid any and all amounts required of the Plan in order to affect membership in and the purposes of the Plan, subject to the prior appropriation of such amounts by the body.

(Res. 121393, passed December 13, 1993)

ARTICLE 9
HEALTH INSURANCE

Chapter 1
Anthem Life Insurance

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Anthem Life Insurance.  WHEREAS, the DeKalb County Commissioners have been advised by Bodenhafer Mayer & Associates that they recommend that the DeKalb County Courthouse Employee Benefit Plan enter into a new agreement concerning reinsurance with Lamar Life Insurance Company concerning excess loss health and medical insurance and the commissioners as administrators of the plan have found that it is not a beneficial to the county employees to accept the recommendation of Bodenhafer et al. and the county commissioners are of the opinion that the county should remain with Acordia of Northeast Indiana Insurance as the administrators of the county health insurance plan using Anthem Life Insurance Company as the reinsurance carrier at the cost of $19,299.00 premium increase with Anthem over Lamar and that the service agreement with Bodenhafer et al. be terminated.

WHEREFORE BE IT RESOLVED, that the DeKalb County Courthouse Employee Benefit Plan agreement with Acordia of Northeast Indiana Insurance and Anthem Life Insurance Company at an increased premium of $19,292.76 be continued without interruption and that the service of Bodenhafer Mayer and Associates Inc. be terminated. The auditor is directed to carry out the terms of this resolution.

(Res. 95-7, passed October 16, 1995)

Chapter 2
Benecomp, Inc. Third Party Administrator

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Benecomp.