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Avon, Ohio Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF AVON, OHIO
DIRECTORY OF OFFICIALS (2025)
PRELIMINARY UNIT
CHARTER
PART TWO - ADMINISTRATION CODE
TITLE TWO - General Provisions
TITLE FOUR - Legislation
TITLE SIX - Administration
CHAPTER 230 Mayor
CHAPTER 232 Department of Law
CHAPTER 234 Department of Finance
CHAPTER 236 Department of Taxation
CHAPTER 238 Deposits and Investments
CHAPTER 240 Treasurer
CHAPTER 242 Department of Public Safety
CHAPTER 244 Division of Police
CHAPTER 246 Division of Fire
CHAPTER 248 Division of Building Inspection
CHAPTER 250 Health Services
CHAPTER 252 Department of Public Service
CHAPTER 254 Consulting Engineer
CHAPTER 255 Parks and Recreation Director
CHAPTER 256 Employees Generally
TITLE EIGHT - Boards, Commissions and Committees
TITLE TEN - Judiciary
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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242.06 PROBATION AND ADVANCEMENT WITHIN A CLASSIFICATION RANGE.
   (a)   Probationary Period. All original and promotional appointments, including provisional appointments, shall be for a probationary period of not less than 60 days nor more than one year No appointment or promotion is final until the appointee has satisfactorily served his or her probationary period.
   At the end of the probationary period, the appointing officer shall transmit to the Civil Service Commission a record of the employee's service, and if such service is unsatisfactory, the employee may, with the approval of the Commission, be removed or reduced without restriction, but dismissal or reduction may be made during such period as provided in Ohio R.C. 124.33 and 124.34.
   The probationary period of various classes of positions in the several services of the City is hereby fixed by the Commission under the provisions of Ohio R.C. 124.27 as follows:
Police
Fire
Chief
1 year
Chief
1 year
Captain
1 year
Assistant Chief
1 year
Lieutenant
1 year
Captain/Paramedic
1 year
Sergeant
1 year
Lieutenant
6 months
Patrolmen
Lieutenant/Paramedic
1 year
Class 2
1 year
 
Dispatcher
Firefighter/Paramedic
1 year
Class 1
1 year
Firefighter (Intermittent)
1 year
(Secretary/Dispatcher/Jailer)
Dispatcher
1 year
 
   Service as a provisional employee in the same or in a similar class shall be included in the probationary period. If the service of the probationary employee is unsatisfactory, he or she may be removed or reduced at any time during his or her probationary period. Unless the probationary appointee has been removed or reduced earlier, the appointing authority, at any time during the ten-day period before the end of the probationary period, shall inform the Civil Service Commission, in writing, of his or her decision either to make the appointment of the probationary appointee final or to remove such appointee. If the appointing authority's decision is to remove the appointee, his or her communication to the Commission shall state the reason for such decision.
(Ord. 122-91. Passed 1-27-92.)
   (b)   Recommendation for Advancement Within a Classification. The department head concerned shall recommend, in writing, to his or her director, who in turn shall recommend to the Mayor, the advancement in rate of an employee in his or her department who, in his or her opinion, has met the requirements.
   (c)   Advancement. In the case of advancement upon completion of the probationary period, the recommendation shall include a certification that the probationary period has been successfully completed. In the case of subsequent advancements within a range, the recommendation shall include a certification that the employee's service has been entirely satisfactory for at least three months immediately prior to the effective date of the recommended advancement in rate of pay.
(Ord. 27-85. Passed 6-10-85; Ord. 113-03. Passed 7-14-03.)
   (d)   (EDITOR'S NOTE: Subsection 242.06(d) was repealed by Ordinance 123-91, passed December 23, 1991.)
242.07 COMPUTATION OF WAGES OF FULL-TIME AND PART-TIME EMPLOYEES.
   (a)   Definition of Part-Time Employee. Any employee, scheduled or otherwise, working less than 40 hours per week, is, for the purposes of this chapter, a part-time employee, or in the case of the Department of Fire, scheduled or otherwise working less than the accepted full-time standard for the classification/position.
   (b)   Permanent Part-Time Employees. Any permanent part-time employee, regularly employed on a continuing work schedule of less than full-time, shall be compensated at the appropriate rate of pay for his or her classification.
   (c)   Temporary or Seasonal Employees. In an emergency, an appointment may be made without regard to the civil service laws or the rules of the Civil Service Commission, but in no case shall such appointment continue longer than 6 months, nor shall successive temporary appointments be made. However, interim or temporary appointments, made necessary by reason of sickness or disability of the regular employee, shall continue only during such period of sickness or disability.
   Where the services to be rendered by an appointee are for a temporary period, not to exceed 6 months, and the need of such service is important and urgent, the Mayor may select for such temporary service any person on the proper list of those eligible for permanent appointment. If an eligible list is not available, the Mayor may select a qualified applicant for such temporary service. Successive temporary appointments to the same position shall not be made under this division. The acceptance or refusal of a temporary appointment by an eligible employee shall not affect his or her standing on the register for permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in case of a subsequent appointment to a permanent position.
   (d)   Intermittent Employee. An "intermittent employee" is an employee who works an irregular schedule which is not predictable and is determined by the fluctuating demands of the work and/or the needs of the Department. Employees who receive an intermittent appointment are in the unclassified civil service and serve at the pleasure of the appointing authority. Intermittent employees shall be compensated on an hourly basis.
   (e)   Benefit Exclusions. All temporary, intermittent and permanent part-time employees shall be excluded from participating in the City's group insurance plans, holiday pay, vacation pay and sick leave, except as otherwise provided in this chapter or Chapter 246.
(Ord. 27-85. Passed 6-10-85.)
   (f)   Computation. Except as otherwise provided by ordinance, full-time and part-time employees of the Police Division shall be paid on an hourly basis at such rates as are shown from time to time in the Master Wage and Salary Tables attached to original Ordinance 56-90, passed July 9, 1990, for Patrolman Class II, Dispatcher Class II, Sergeant and Lieutenant. The normal work week shall be 40 hours.
(Ord. 201-96. Passed 12-9-96; Ord. 113-03. Passed 7-14-03.)
242.08 OVERTIME.
   (a)   Work Week Scheduled Hours. For the purpose of this section, a work day for employees other than shift employees within the Department of Fire shall normally consist of 8 scheduled consecutive hours in a 24-hour period commencing with the start of a shift. A normal work week for full-time employees, excluding shift employees within the Department of Fire, shall normally consist of 40 scheduled hours within a calendar week. Schedule requirements may, on occasion, result in a shift assignment wherein a member has 8 off hours separating 2 scheduled work days. Such shift assignments shall be considered as separate work days and paid at straight time rates, where such shift assignment is part of a standard shift schedule or results from changing to a new schedule.
   (b)   Call-out. A non-bargaining unit employee who is called in to work at a time which does not abut his or her scheduled work hours shall receive call-out pay consistent with the provisions delineated in the collective bargaining agreement between the City and the Fraternal Order of Police, Ohio Labor Council, Inc. Call-out for employees within the Department of Fire is addressed under Chapter 246 of the codified ordinances of the City.
   (c)   Compensation. Any duty hours in excess of 40 hours in a work week shall constitute overtime for overtime eligible employees, excluding shift employees within the Department of Fire. Compensable time (holidays, vacation days, compensatory days, sick days and actual duty hours) shall be considered as time worked for the purpose of computing overtime. Overtime shall be compensated at the following rates as applicable:
      (1)   Time and one-half for all hours of duty in excess of 8 in one work day, or in excess of 40 in a work week.
      (2)   Double time for all hours on-duty in excess of 12 consecutive hours in a work day.
      (3)   Double time for hours worked during scheduled vacation when an employee is called out and required to report to work by the employer. In such case, the employee shall receive the double time for a minimum of 4 hours or actual hours worked, whichever is greater.
   (d)   Compensatory Time. At their option, full-time employees may elect to take overtime in the form of pay or compensatory time off. Employees may not accrue nor use more than 90 hours of compensatory time off at any one time or in any one calendar year. Compensatory time off shall be scheduled in advance at the request of the employee, subject to the approval of the department head, and in consideration of operational and staffing needs.
   (e)   Double Pay. Premium or overtime compensation shall not be paid more than once for the same hours worked.
   (f)   "Shift employee," within the Department of Fire, means an employee who is regularly scheduled to work a 24-hour work day or shift.
(Ord. 128-94. Passed 10-24-94; Ord. 113-03. Passed 7-14-03.)
242.09 UNIFORM ALLOWANCES.
   (a)   Each full-time non-bargaining unit employee within the Department of Police shall be paid a uniform allowance in the same manner and in the same amount as that provided through the collective bargaining agreement between the City and the Fraternal Order of Police, Ohio Labor Council, Inc.
   (b)   Uniform allowances for employees within the Department of Fire are addressed within Chapter 246 of the Codified Ordinances of the City.
(Ord. 128-94. Passed 10-24-94; Ord. 113-03. Passed 7-14-03.)
242.10 HOLIDAYS.
   (a)   The following 13 days are hereby declared holidays for full-time employees of Avon Police Department:
      (1)   New Year's Day;
      (2)   Martin Luther King Day;
      (3)   Easter Sunday;
      (4)   Memorial Day (the last Monday of May);
      (5)   Fourth of July;
      (6)   Labor Day;
      (7)   Columbus Day;
      (8)   Thanksgiving Day;
      (9)   Police Memorial Day (May 15);
      (10)   Christmas Day; and
      (11)   Three floating holidays.
   The provisions herein do not apply to employees within the Department of Fire as they are addressed under Chapter 246.
   (b)   The floating holiday will be given to each full-time non-probationary (initial probation) employee. The date of such holiday will be at the discretion of the employee, with the consent of the appropriate supervisor.
   (c)   The birthday of each employee will be given to the particular employee. When a birthday falls on one of the preceding holidays or on a non-working day, the employee shall take a day within the applicable pay period as the holiday with the approval of the appropriate supervisor.
   (d)   If a full-time employee is required to work on any of the holidays listed in division (a) of this section, excluding the floating holidays, he or she shall be entitled to pay for such time worked at one and one-half times his or her regular base rate of pay, plus he or she shall receive 8 hours of holiday pay. Hours worked in excess of 8 on a holiday will be compensated at double time and one-half. The selection of holiday pay or holiday compensatory time shall be at the discretion of the employee and such notice shall be given to the City within the pay period such holiday is worked. An employee who is not required to work on a designated holiday will receive 8 hours of holiday pay.
   (e)   (1)   All holiday compensatory time shall be scheduled and taken with the approval of the appropriate supervisor. Holiday compensatory time not used shall be paid in the first pay of December of the applicable calendar year, except that 40 hours of holiday compensatory time maybe carried over into the next calendar year. Floating holidays must be used in the year earned and may not be carried over into the new year.
      (2)   If the holiday is not taken within the 30-day period, the full-time employee will receive 8 hours pay at his or her current hourly rate in the next scheduled pay period.
   (f)   Each full-time employee shall have the option of converting any one of the holidays listed in division (a) of this section to an additional floating holiday. Selection of this holiday shall be made in accordance with the guidelines established in division (b) of this section.
(Ord. 27-85. Passed 6-10-85.)
   (g)   Notwithstanding anything herein to the contrary, effective July 1, 2024, the following days are hereby declared to be holidays for the permanent part-time and intermittent employees of the Avon Police Department:
      (1)   New Years Day
      (2)   Easter Sunday
      (3)   Memorial Day
      (4)   Fourth of July
      (5)   Thanksgiving Day
      (6)   Christmas Eve
      (7)   Christmas Day
   If a permanent part time or intermittent employee is required to work on any of the holidays listed in this division, he or she shall be entitled to premium pay for such time worked at two times his or her base rate of pay for the total hours worked.
(Ord. 13-89. Passed 6-26-89; Ord. 113-03. Passed 7-14-03; Ord. 76-24. Passed 7-8-24.)
242.11 VACATIONS.
   All full-time employees of the Police Division and the Fire Division shall receive vacations with pay, in accordance with the following:
   (a)   Years of Service Defined. "Years of service," for the purposes of this section, means continuous uninterrupted full-time service, except that military service, authorized sick leave and vacation leave shall not be considered an interruption of service.
   (b)   Amount of Vacation Pay. The amount of vacation pay in the case of salaried employees shall be the regular compensation fixed for such position.
      (1)   In the case of hourly paid personnel, excluding shift employees in the Department of Fire, the weekly vacation pay shall be compensation at the rate of a 40-hour work week.
      (2)   In the event of difficulty in the interpretation of this division, the decision of the Mayor shall be final.
   (c)   Vacation Scheduling. Vacations shall be taken, subject to operational and staffing needs, at a time scheduled and approved by the official to whom the employee reports, who shall be responsible for the reporting of authorized vacations or leaves to the Director of Finance. Vacation requests shall normally be submitted at least 14 calendar days in advance of the date(s) being requested. The 14-day requirement may be waived at the discretion of the Chief. In the event of a conflict with another employee requesting the same dates, the employee with the most seniority shall prevail, except that requests encompassing a full calendar week (e.g., Sunday through Saturday) or more will be given preference irrespective of seniority.
   (d)   Computation. Vacations shall be taken as follows:
      (1)   One day will be given for each full calendar month worked during the first 5 continuous years of service, to a maximum of 10 days.
      (2)   After 5 years of continuous service, 15 days will be given; after 10 years of continuous service, 20 days will be given; after 20 years of continuous service, 25 days will be given.
      (3)   Vacations earned shall be taken within one year from the vacation calculation date, except that each employee shall be able to bank 5 days of vacation time which must be used during the following calendar year.
      (4)   The vacation calculation date shall be December 31 of each year. All vacations earned in the current year will be calculated on the basis of the months or years of continuous service completed by December 31 of the preceding year.
      (5)   In the event of termination of employment by an employee, provided that the employee was employed by the City on December 31 of the preceding year, vacation credit shall be calculated in accordance with this division for the year in which the employment is terminated, based upon the actual time in the employment of the City during the termination year, and the employee shall be paid as of the termination date in lieu thereof.
      (6)   If, for any reason, an employee wishes to work rather than take a vacation, there shall be no double pay allowed.
      (7)   No vacation leave credit will be given an employee for his or her part-time employment service with the City. Employees are eligible for prior service credit for full-time service with the State of Ohio, county, or another Ohio city. It is the responsibility of the employee to obtain and submit documentation from previous employers. Prior service credit will commence within the calendar year acceptable documentation is submitted.
      (8)   "Day," as used herein, means 8 hours, except for shift employees within the Department of Fire, where it means 10.6 hours.
(Ord. 27-85. Passed 6-10-85; Ord. 113-03. Passed 7-14-03.)
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