EDITOR'S NOTE: The City enters into Agreements, from time to time, with representatives of various classes of Municipal employees, which Agreements provide for benefits and other incidents of employment. The provisions of this chapter, therefore, apply only to those persons and those subjects not otherwise provided for in such Agreements. In the event of a conflict between any of the provisions of such Agreements and a provision of these Codified Ordinances, the provision of the Agreement shall control. Copies of the latest relevant legislation and the latest such Agreements may be obtained, at cost, from the Clerk of Council.
153.01 Vacations.
153.02 Sick leave.
153.021 Sick leave compensation upon retirement.
153.022 Sick leave donation.
153.03 Leave of absence for temporary military training.
153.04 Conference expenses.
153.05 Expense allowance.
153.06 Payment of hospitalization benefits.
153.07 Authorizing employment of City Doctor. (Repealed)
153.08 Assessing Board compensation. (Repealed)
153.09 Bonds.
153.10 Residence requirement exemptions. (Repealed)
153.11 Indemnification of City officials.
153.12 Holidays.
153.13 Longevity pay and cost of living allowance.
153.14 Compensatory time (comp time). (Repealed)
153.145 Overtime.
153.15 Physical examination. (Repealed)
153.16 Basic life insurance coverage; retirement.
153.17 Compensation for jury duty.
153.18 Wage, Salary, Benefit and Contract Review Committee.
153.19 Special counsel for Committee.
153.20 Dental insurance for full-time employees and elected officials.
153.21 Funeral leave benefits.
153.22 Maintenance of personal information. (Repealed)
153.23 Residency exemptions for unclassified employees.
153.24 Miscellaneous employee benefits.
153.241 Miscellaneous benefits for Police and Fire Chiefs and Captains.
153.25 Promotions of nonunion employees within a City Department. (Repealed)
153.26 Vision care insurance for full- time employees and elected officials.
153.27 Employees called to military service in Middle East crisis. (Repealed)
153.28 Voluntary Retirement Incentive Plan. (Repealed)
CROSS REFERENCES
Welfare - see Ohio Const., Art. II, Sec. 34
Workers' compensation - see Ohio Const., Art. II, Sec. 35; Ohio R.C. Ch. 4123
Wages and hours on public works - see Ohio Const., Art. II, Sec. 37; Ohio R.C. Ch. 4115
All officers to take oath - see Ohio Const., Art. XV, Sec. 7
Compensation of elected officials - see CHTR. § 4.04
Power of Council to fix compensation, sick leave, vacation, bond - see CHTR. § 4.04
Discipline of Safety Department employees - see CHTR. § 8.07
Oath of office - see CHTR. § 16.05
Failure to give bond - see Ohio R.C. 3.30, 731.49 et seq.
Civil Service Law - see Ohio R.C. Ch. 124
Reinstatement after military service - see Ohio R.C. 143.22
Public Employees Retirement System - see Ohio R.C. Ch. 145
Executive power - see Ohio R.C. 733.01
Conduct and delinquent charges - see Ohio R.C. 733.34 et seq., 733.72 et seq.
Officers' qualifications and oaths - see Ohio R.C. 733.68
Bond of municipal officers - see Ohio R.C. 733.69
Approval of bonds - see Ohio R.C. 733.70
Certain facts shall not invalidate bond - see Ohio R.C. 733.71
Contract interest - see Ohio R.C. 733.78
Strikes by public employees - see Ohio R.C. Ch. 4117
Department of Administrative Services - see ADM. Ch. 152
(a) (1) For purposes of this section "years of service" means years employed by the City, the State or any political subdivision of the State. "Years of service" is defined as a twelve-month cycle, beginning on an employee's anniversary date. When an employee reaches a new service level in the middle of a calendar year, the employee will begin to accrue vacation days at the rate for the next level the first month following the anniversary date.
(2) New employees in their first year of service may take vacation time that will be earned by December 31, during the calendar year. Vacation during the first year of employment shall be as shown on the following schedule:
Started Working in the Month of | Earned Vacation Days as of December 31 |
Started Working in the Month of | Earned Vacation Days as of December 31 |
January | 10 |
February | 9 |
March | 8 |
April | 7 |
May | 6 |
June | 5 |
July | 4 |
August | 3 |
September | 3 |
October | 2 |
November | 1 |
December | 0 |
(3) Each full-time employee shall be entitled to vacation as follows:
Years of Service Completed During a Calendar Year | Vacation Days (per month) | Vacation Days (per year) |
Upon initial eligibility | .833 | 10 |
5 through 10 | 1.250 | 15 |
More than 10 | 1.667 | 20 |
More than 15 | 2.083 | 25 |
More than 20 | 2.500 | 30 |
(4) At all times, union contracts shall supersede any provision stated herein.
(5) For the purpose of accumulating vacation leave credit, a City employee's anniversary date of employment shall be the anniversary date of such employee's prior service with the State or any political subdivision thereof.
(b) When an employee is on an hourly pay basis, his or her pay during his or her vacation period shall be computed on the basis of such employee having worked forty hours.
(c) Commencing January 1, 1975, it is mandatory that all such employees take their vacations, and if they fail to do so, they will not be paid additional compensation if they work during their vacation. If an employee is unable to take his or her vacation during the calendar year because of sickness, such employee shall take his or her vacation time in lieu of sick time. The purpose of this provision is to prevent the loss of the employee's vacation.
(d) All department heads shall schedule vacations so that they can be taken within the calendar year. However, upon a department head's recommendation and approval, any unused vacation, because of a heavy workload or emergencies within a City department, may be taken by December 31st of the following year. This provision shall only be in effect until December 31, 2021. Beginning January 1, 2022, upon a department head's recommendation and approval, any unused vacation, because of a heavy workload or emergencies within a City department may be taken within a ninety-day grace period in the following calendar year. Under no circumstances shall the grace period be extended beyond March 31 of the year following the year of vacation.
(e) Employment anniversary dates shall be determined as follows:
(1) Non-prior service employee. For the purpose of eligibility dates, an employee's anniversary date shall be his or her date of hire as a full-time employee of the City, and his or her vacation shall be computed according to the above-listed vacation schedules.
(2) Prior service employee. For the purpose of eligibility dates, an employee's anniversary date of employment shall be the anniversary date of such employee's prior service with the State, or any political subdivision thereof, including the City of Brook Park.
(f) In the last calendar year of any person's employment with the City, the vacation pay to which he or she will be entitled, in addition to any unused vacation authorized to be carried forward under subsection (d) hereof, shall depend upon the amount of time worked since his or her last anniversary date. The number of days lapsing between the last anniversary date and the last day of his or her employment, divided by the number of days in the last calendar year and multiplied by the number of normal vacation days for that person, will determine the number of vacation days for which he or she will be paid. A terminal fraction of one-half or more will be raised to a full day and a terminal fraction of less than one-half will be dropped.
(g) When any employee uses more vacation time than has been earned, the Finance Director is authorized to withhold wages from the employee's pay check up to an amount equal to the unearned vacation time.
(Ord. 11100-2019. Passed 7-2-19; Ord. 11179-2020. Passed 12-23-20.)
(a) Each full-time and permanent part-time employee of the City, shall be entitled for each completed eighty hours of service to sick leave of four and six-tenths hours with pay. Employees may use sick leave, upon the approval of the responsible administrative officer of the employing unit for absence due to personal illness, pregnancy, injury, exposure to contagious disease, which could be communicated to other employees, and to illness or injury in the employee's immediate family. Unused sick leave shall be cumulative without limit. When sick leave is used it shall be deducted from the employee's credit on the basis of one hour for every hour of absence from previously scheduled work. The appointing authority of each employing unit shall require an employee to furnish a satisfactory written signed statement to justify the use of sick leave. If medical attention is required, a certificate stating the nature of the illness from a licensed physician shall be required to justify the use of sick leave. Falsification of either a written signed statement or a physician's certificate shall be grounds for disciplinary action including dismissal. This section shall be uniformly administered as to all employees, except provisional appointees as set forth in subsection (d) hereof. No sick leave may be granted upon or after retirement or termination of employment.
(b) The City shall not grant cash payment for any unused sick leave credit upon or after an employee's termination of employment with the City, except as stated for retirement in Section 153.021.
(Ord. 5970-1981. Passed 6-2-81.)
(c) The previously accumulated sick leave of an employee who has been separated from public service shall be placed to his credit upon his reemployment in the public service provided that such reemployment takes place within ten years from the date on which the employee was last terminated from public service. An employee who transfers from one public agency to another shall be credited with the unused balance of his accumulated sick leave upon the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers. Any employee of the City who had accumulated sick leave during previous public service, and who would have been entitled to credit for such previously accumulated sick leave under the provisions of this section, but who was denied such credit due to prior versions of this section, shall be hereby entitled to credit for such sick leave accumulated during previous public service to the extent permitted by Ohio R.C. 124.38, upon certification of the amount of such sick leave by the former employer.
(Ord. 6608-1984. Passed 12-4-84.)
(d) All provisional appointees, or those who render temporary, part-time, seasonal, intermittent or per diem service, shall be excluded from the benefits of this section.
(e) For the purposes of this section "immediate family" shall be the following:
Spouse
Mother
Father
Child
Brother
Sister
Mother-in-law
Father-in-law
(Ord. 5970-1981. Passed 6-2-81.)
(a) A full-time employee of the City who is not a member of a bargaining unit represented by a union or employee organization may elect, at the time of retirement from active service with the City and with ten or more years of service with the City, to be paid in cash for four-eighths of the value of his accrued but unused sick leave credit. Such payment shall be made in the employee's final paycheck, and shall be based on the employee's rate of pay at the time of retirement. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the employee at that time. Such payment shall be made only once to any employee. The payment which may be made under this subsection shall not exceed an amount representing four-eighths of a maximum of 1,248 hours.
(b) The calculation of sick leave credit shall exclude longevity differentials, annual differentials, shift differentials, in-service differentials, all premium payments, regularly scheduled overtime and all other forms of additional or supplemental compensation.
(c) The receipt of severance pay of any other type shall eliminate and forever cancel all future claims to all sick leave credit from the City.
(d) Notwithstanding any other provision contained in this section, an employee who receives sick leave compensation upon retirement pursuant to subsection (a) hereof shall also be entitled to a sick leave bonus payment equal to four-eighths of the value of all, if any, of his hours of credit for accrued but unused sick leave in excess of 1,248 hours at the time of retirement. Such sick leave bonus shall be based on the employee's rate of pay at the time of retirement, and shall be paid at the time of retirement. An employee whose sick leave credit at time of retirement is equal to or less than 1,248 hours shall not receive a sick leave bonus. Any employee entitled to receive a sick leave bonus pursuant to this subsection who dies prior to the receipt thereof shall have the amount of such bonus paid to his estate.
(e) For the purposes of this section, the term "retirement" shall mean either a service or disability retirement under any retirement system.
(Ord. 8224-1996. Passed 6-18-96; Ord. 8855-2001. Passed 12-26-01; Ord. 9531-2008. Passed 12-16-08.)
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