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Flint, MI Code of Ordinances
CITY OF FLINT, MICHIGAN CODE OF ORDINANCES
PART I. CHARTER
PART II. THE CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS*
CHAPTER 2: ADMINISTRATION*
CHAPTER 3: ADVERTISING AND SIGNS
CHAPTER 4: AIR POLLUTION CONTROL
CHAPTER 5: AIRPORT
CHAPTER 6: ALCOHOLIC LIQUOR SALES
CHAPTER 7: AMBULANCES
CHAPTER 8: AMUSEMENTS
CHAPTER 9: ANIMALS AND FOWL*
CHAPTER 10: AUCTIONS
CHAPTER 11: BUILDINGS
CHAPTER 12: BUSINESS AND OCCUPATIONS GENERALLY*
CHAPTER 13: CEMETERIES
CHAPTER 14: CIVIL DEFENSE AND DISASTER
CHAPTER 15: TELECOMMUNICATIONS SYSTEMS
CHAPTER 16: ELECTRICAL CODE
CHAPTER 17: FENCES
CHAPTER 18: TAXATION; FUNDS; PURCHASING*
CHAPTER 19: FIRE PROTECTION*
CHAPTER 20: RESERVED
CHAPTER 21: RESERVED
CHAPTER 22: HEATING
CHAPTER 23: RESERVED
CHAPTER 24: HOUSING
CHAPTER 25: RESERVED
CHAPTER 26: LICENSING FEES AND OTHER CHARGES
CHAPTER 27: RESERVED
CHAPTER 28: MOTOR VEHICLES AND TRAFFIC
CHAPTER 29: MUNICIPAL RETAIL AND WHOLESALE GROWERS’ MARKET
CHAPTER 30: NUISANCES*
CHAPTER 31: GENERAL OFFENSES*
CHAPTER 32: RESERVED
CHAPTER 33: PARKS
CHAPTER 34: RESERVED
CHAPTER 35: PERSONNEL*
CHAPTER 36: PLUMBING
CHAPTER 37: POLES AND WIRES
CHAPTER 38: RAILROADS
CHAPTER 39: REFUSE, GARBAGE AND WEEDS
CHAPTER 40: RESERVED
CHAPTER 41: SCHOOLS
CHAPTER 42: STREETS AND SIDEWALKS
CHAPTER 43: RESERVED
CHAPTER 44: RESERVED
CHAPTER 45: TREES AND SHRUBS
CHAPTER 46: UTILITIES*
CHAPTER 47: WARDS AND PRECINCTS
CHAPTER 48: WATERCRAFT
CHAPTER 49: WEIGHTS AND MEASURES
CHAPTER 50: ZONING*
APPENDIX: COMPILED ILLUSTRATIONS
TABLE OF SPECIAL ORDINANCES*
APPENDIX A
PART III: PARALLEL REFERENCES AND INDEX
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§ 35-78 RESERVED. 
§ 35-79 CHANGES IN COMPENSATION CAUSED BY RECLASSIFICATION OR REALLOCATION.
   When an employee shall have been placed in a different pay level by reason of reclassification or reallocation of his or her position, in the event the reclassification or reallocation results in a decrease in compensation, the reclassification or reallocation shall be effective at the beginning of the first full pay period following the date of change in classification or reallocation. In the event the reclassification results in an increase in compensation, the increase in compensation shall be paid at the beginning of the pay period in which the change is made if the change falls during the first week of the pay period. If the change falls during the second week of a pay period, the increase will be paid with the beginning of the next pay period. Provided, however, the increase may be paid at the outset of the next fiscal year, retroactively, at the discretion of the appropriate fiscal officer. It shall be the duty of the Personnel Director to forthwith notify the appropriate fiscal officer of all such changes and the effective date of the changes.
(Ord. 1981, passed 8-4-1967; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979)
§ 35-80 INDEMNIFICATION OF OFFICIALS, APPOINTEES AND EMPLOYEES.
   (a)   The City shall indemnify and hold harmless persons who have been and/or are employed as members of the City Council, Judges of the 68th Judicial District, appointees of the Judges of the 68th Judicial District, the City Administrator, appointees of the City Administrator, appointees of the City Council, Ombudsman, appointees of the Ombudsman, the Mayor, and appointees of the Mayor provided for in Sections 4-202 and 4-203 of the Charter of the City of Flint, and private citizens appointed to multiple member bodies, and other employees of the City of Flint whenever any claim is made or any civil action is instituted against the individual arising out of the good faith performance, purported performance or failure of performance of duties while in the course of his or her employment, and while acting within the scope of his or her authority.
   (b)   The City retains the right to compromise, settle and pay the claim(s) before or after the commencement of any civil action.
   (c)   Whenever any order, opinion or judgment for damages, excluding punitive damages, is awarded as against the individual being indemnified as the result of any civil action for personal injuries, property damage, or other damages allegedly caused by the individual while in the course of his or her service or employment, and while acting within the scope of his or her authority, the City shall indemnify the individual and/or shall pay, settle or compromise the order, opinion or judgment.
   (d)   The Chief Legal Officer, pursuant to the Officer’s duties as set forth in the Flint City Charter, shall retain the right to make the selection of the attorney or attorneys to represent the individual being indemnified in all cases.
   (e)   The City will notify the individual being indemnified prior to final settlement of litigation where the individual is a named party.
   (f)   The City shall hold the individual being indemnified harmless from any expenses connected with the defense, settlement or monetary judgments from the actions, claims or proceedings.
   (g)   This section shall cover all alleged acts for which the statute of limitations has yet to run.
(Ord. 3560, passed 6-9-2004)
§ 35-81 INSURANCE.
   (a)   Life insurance. 
      (1)   Except as herein otherwise provided, the appropriate City officials are authorized to purchase group life insurance and dismemberment policy in the following amounts. As to:
         a.   Elected officials and appointive officers, $100,000.00;
         b.   Classified employees not represented by recognized bargaining units and not employed by the Board of Hospital Managers allocated to levels 23 and above, $75,000.00; and
         c.   Classified employees not represented by a recognized bargaining unit and not employed by the Board of Hospital Managers allocated to levels 22E and below, $35,000.00; with double indemnity in the event of accidental death, pursuant to the master policy which shall be on file in the office of the City Clerk.
      (2)   Employees may designate a beneficiary on this insurance policy by completing the appropriate form in the office of the Director of Finance. In the event no beneficiary is designated, proceeds from the policy shall be paid in accordance with MSA § 17.277(10). Group life insurance coverage shall be continued in force for any employee who is on leave of absence without pay for a period not to exceed six months. Employees who retire after being employed a sufficient number of years to qualify for retirement under the provisions of §§ 35-6 through 35-45 of this Code, as amended, and the various retirement and pension plans therein provided, shall receive life insurance in the amount of $5,000.00; except that classified employees not represented by a collective bargaining agent in a collective bargaining unit and not employed by the Board of Hospital Managers who retire on or after July 1, 1994, as provided hereinabove, shall receive life insurance in the amount of $30,000.00.
      (3)   Employees who are not members of a recognized bargaining unit, and who are not employed by the Board of Hospital Managers, participating in the City of Flint Defined Contribution Pension Plan shall be entitled to receive the $30,000.00 retiree life insurance benefit provided they were hired prior to October 1, 1983 and have at least 25 years of credited service or were hired prior to or after October 1, 1983, and have attained the age of 55 with at least ten years of credited service. Employees hired after the effective date of this chapter shall not be entitled to retiree life insurance.
   (b)   Health-dental insurance. 
      (1)   a.   Appropriate City officials are authorized to enter into an agreement to provide medical, dental and hospitalization coverage for the Mayor, appointive officers and classified employees not represented by recognized bargaining units and not employed by the Board of Hospital Managers either allocated to levels 22E and below or to level 23 and above, and in accordance with the City’s benefit plan document as established from time to time by City Council.
         b.   For employees retiring subsequent to the effective date of this section with a pension payable in accordance with §§ 35-6 through 35-45 hereof, except for any period during which retirement is deferred and except for any period during which he or she may be eligible for hospitalization coverage through a subsequent employer, coverage shall be maintained to attainment of age 65. As to employees electing to participate in the deferred compensation plan established by resolution adopted by the City Council, the coverage shall be maintained for the period commencing with the attainment of “voluntary retirement age,” as defined in § 35-6 of this Code, to attainment of age 65 years except during any period he or she may be eligible for hospitalization coverage through a subsequent employer.
         c.   Employees retiring before January 1, 2004, may for any period during which retirement is deferred whether the employee is a member of the general retirement system or the deferred compensation plan, the retiree may, by making cash payment of the total cost of the coverage to the
finance office, elect to maintain his or her dental, medical and hospitalization coverage as same as is in effect for City employees. The employee may elect to maintain such coverage at the time of deferred retirement, and the coverage shall be permanently terminated for any retiree who fails to make the payment on or before the fifteenth day of the month prior to the coverage month.
      (2)   a.   Employees not represented by recognized bargaining units and employed by the Board of Hospital Managers shall have, upon retirement, except for any period during which retirement is deferred and except for any period during which he or she may be eligible for hospitalization coverage through a subsequent employer, coverage maintained to attainment of age 65.
         b.   Commencing at age 65 the coverage to be provided shall be Medicare Supplementary. This coverage shall be continued for the employee following retirement.
         c.   Employees not represented by recognized bargaining units and employed by the Board of Hospital Managers who are hired, promoted, or transferred into an exempt classification after March 1, 1989, upon retirement, receive health insurance continuation benefits paid for by the Hurley Medical Center at rates established by the Board of Hospital Managers. The retiree shall be responsible for payment of the difference between the Hurley Medical Center’s payment and the health insurance premium charge, if any.
      (3)   A hospitalization benefit shall be provided to employees who are not members of a recognized bargaining unit, and are not employed by the Board of Hospital Managers, hired prior to October 1, 1983 with at least 25 years of credited service, or who were hired prior to or after October 1, 1983, who have attained the age of 55 with at least ten years of credited service. The benefits shall be equivalent to the coverage which was in effect at the time of separation of employment. Employees, who are not members of a recognized bargaining unit, and are not employed by the Board of Hospital Managers, hired after the effective date of this chapter, shall be eligible for hospitalization benefits upon retiring only if they have attained the age of 55 with 25 years of credited service.
         a.   An employee who is not a member of a recognized bargaining unit, and not employed by the Board of Hospital Managers, and their dependent(s), shall be required to pay for Medicare Part B, when eligible, upon or after retirement. Retiree dependents who are receiving hospitalization benefits under this provision shall continue to receive the benefits upon death of the retiree, as long as the dependent is otherwise eligible, pursuant to the terms and conditions of the carrier.
         b.   An employee who is not a member of a recognized bargaining unit, and not employed by the Board of Hospital Managers, hired prior to September 1, 2002, who has at least ten years of credited service and who is found eligible to retire with a non-duty disability retirement, shall be entitled to the hospitalization benefit as outlined in subsection (a) of this section. Employees hired after the effective date of this chapter who are not members of a recognized bargaining unit, and who are not employed by the Board of Hospital Managers, shall not be entitled to the hospitalization benefit as outlined in this section.
         c.   Eligible dependents of an employee who is not a member of a recognized bargaining unit, and not employed by the Board of Hospital Managers, hired prior to September 1, 2002 who dies for non-duty reasons, shall be entitled to the hospitalization benefit upon the deceased employee having achieved 20 years of credited service, regardless of age, or at age 55 if the deceased employee had at least ten years of credited service.
         d.   An employee who is not a member of a recognized bargaining unit, and not employed by the Board of Hospital Managers, hired prior to September 1, 2002, who is found eligible to retire with a duty disability retirement, shall be entitled to the hospitalization benefit regardless of age or credited service.
         e.   In the event an employee participating in the City of Flint Defined Contribution Pension Plan dies as a result of injury or disease arising out of employment with the City, the eligible dependents will be entitled to hospitalization benefits as outlined in subsection (a) as long as they remain eligible under the provisions of the City of Flint Retirement Ordinance.
      (4)   New employees hired on or after July 1, 2004, shall only be eligible for a flat dollar monthly amount based on years of service toward to the cost of retiree health care. The monthly dollar amount shall be $5.00 times each full year of service with the City. An employee hired on or after July 1, 2003, must have a minimum of 25 years of service and be 55 years of age or older at the time of retirement to qualify for this retiree health care stipend. To continue to be eligible for the stipend, the retiree must apply for Medicare Part B when eligible. For the term of this agreement, eligibility for retiree health for deferred retirement is limited to employees with 25 years or more service, provided any current employee will be grandfathered under the existing ten-year provision.
      (5)   Any employee who retires shall be obligated to pay the same monthly cost, if any, for his or her selection of health care coverage available to active employees as of their date of retirement, until such time as the retiree has a total of 30 years of active employment service with the City plus years of service as a retiree in receipt of retiree health care benefits. Upon a retiree receiving Blue Cross - 65 Supplementary, that retiree’s contribution for health care cost containment under this section shall be discontinued.
(Ord. 1981, passed 8-4-1967; Ord. 2012, passed 11-6-1967; Ord. 2185, passed 12-22-1969; Ord. 2191, passed 1-26- ; Ord. 2201, passed 3-10-1970; Ord. 2316, passed 3-13-1972; Ord. 2583, passed 1-17-1977; Ord. 2604, passed 5-27-1977; Ord. 2628, passed 4-10-1978; Ord. 2699, passed 2-26-1979; Ord. 2739, passed 9-24-1979; Ord. 2775, passed 1-28-1980; Ord. 2929, passed 12-19-1984; Ord. 3088, passed 2-13-1989; Ord. 3134, passed 4-23-1990; Ord. 3280, passed 7-25-1994; Ord. 3496, passed 6-10-2002; Ord. 3498, passed 7-22-2002; Ord. 3596, passed 6-24-2004)
§ 35-82 ARMED SERVICE CREDIT.
   Employees, except probationary employees, who have been in the armed services of the United States, under military leave from the City, shall, for the purposes of compensation and step increases, be given credit for the time served in the armed services, the same as though the time was served in the employ of the City. Those employees who have been reinstated in City employment and have not received the compensation or step increase provided for in this section shall be paid the increase retroactive to the date of the employee’s reinstatement.
(Ord. 1981, passed 8-4-1967)
§ 35-83 SAME — PROBATIONARY EMPLOYEE.
   City probationary employees who have been in the armed services of the United States, under military leave from the City, shall be required to complete their probationary period the same as though they had not been in the armed services, and shall be subject to the same rules and regulations as ordinary probationers. They shall, however, upon completion of their probationary period, and upon acquiring the status of regular employees, be given credit for the purpose of compensation and step increases for the time served in the armed services as provided in the foregoing section, effective, however, as of the date they acquire status as regular employees and not as of the date of reinstatement as probationary employees.
(Ord. 1981, passed 8-4-1967)
§ 35-84 RESERVED.
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