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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*
ARTICLE I. CITY OF FLINT DEFINED CONTRIBUTION PENSION PLAN
ARTICLE II. RETIREMENT SYSTEM
ARTICLE III. RESIDENCY REQUIREMENTS
ARTICLE IV. UNIFORM PAY PLAN
ARTICLE V. WORKING CONDITIONS
§ 35-85 DEFINITIONS.
§ 35-86 PURPOSE.
§ 35-87 ANNUAL LEAVE.
§ 35-88 SICK LEAVE.
§ 35-88.1 WORKERS’ COMPENSATION SUPPLEMENTAL BENEFITS.
§ 35-88.A.1 SICK LEAVE FOR UNREPRESENTED CLASSIFIED EMPLOYEES.
§ 35-88.A.2 SAME - EXTENDED SICK LEAVE WITHOUT PAY.
§ 35-88.A.3 SAME - RETURN FROM SICK LEAVE.
§ 35-89 HOLIDAYS.
§ 35-90 TUITION REIMBURSEMENT.
§ 35-91 MILITARY LEAVE.
§ 35-92 JURY DUTY.
§ 35-93 BEREAVEMENT LEAVE.
§ 35-94 SUSPENSION OF NONESSENTIAL SERVICES.
§ 35-95 CREDITING OF ANNUAL LEAVE ACCUMULATIONS WHILE IN ARMED SERVICE.
§ 35-96 ACCUMULATION OF SICK LEAVE WHILE IN ARMED SERVICES.
§ 35-97 EMPLOYEES NOT TO RECEIVE COMPENSATION FOR TIME NOT EXPENDED IN CITY SERVICE.
§ 35-98 CONVERSION OF ANNUAL SALARY TO HOURLY RATE; EMPLOYEES EMPLOYED IN DUAL CLASSIFICATIONS.
§ 35-99 RESERVED.
§ 35-100 BENEFITS NOT AVAILABLE TO PART-TIME, TEMPORARY INTERIM OR CONTRACTUAL EMPLOYEES; EXCEPTION AS TO ANNUAL LEAVE.
§ 35-101 CIVIL SERVICE COMMISSION - CREATED; COMPOSITION.
§ 35-102 SAME - SELECTION MEMBERS.
§ 35-103 SAME - QUALIFICATIONS OF CANDIDATES.
§ 35-104 SAME - SUBMISSION OF NOMINATING PETITION BY CANDIDATE.
§ 35-105 SAME - ELECTION OF MEMBER BY BOARD OF HOSPITAL MANAGERS EMPLOYEES.
§ 35-106 SAME - POWERS, DUTIES AND TERMS.
§ 35-107 SAME - ELECTION; RUN-OFF.
§ 35-108 SAME - FORM OF SUBPOENA BY CIVIL SERVICE COMMISSION.
§ 35-109 SAME - REFUSAL TO COMPLY WITH SUBPOENA.
§ 35-110 CONDITIONS UNDER WHICH PERSON HAVING A FAMILY RELATIONSHIP TO DEPARTMENT OR DIVISION HEAD MAY BE EMPLOYED.
§ 35-111 CRIMINAL HISTORY BACKGROUND CHECKS OF ALL EMPLOYEES AND VOLUNTEERS REPRESENTING THE CITY OF FLINT AT THE BERSTON FIELD HOUSE, BRENNAN COMMUNITY CENTER, HASKELL COMMUNITY CENTER, HASSELBRING SENIOR CENTER, AND PIERCE COMMUNITY CENTER.
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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§ 35-88.A.1 SICK LEAVE FOR UNREPRESENTED CLASSIFIED EMPLOYEES.
   (a)   Any classified employee not represented by a recognized bargaining unit or employed by the Board of Hospital Managers, who has accumulated 365 service credits, and is eligible to accrue sick leave, who has been absent from work for 28 consecutive calendar days and is unable to work due to health reasons not related to his or her job, shall be eligible for sick leave benefits as herein provided. An employee who enters a residential rehabilitation program shall be eligible for sick leave benefits after 28 consecutive calendar days absence. An employee who does not complete the rehabilitation program must reimburse the City for those days either in cash or through reduction of the employee’s accrued annual and/or sick leave, if any, or by reducing the accrual by one-half of the normal accrual until the City is reimbursed.
   (b)   Written application for sick leave benefits, on forms provided by the City, shall be filed with the Personnel Department and shall be accompanied by a written statement from the employee’s physician which shall include the doctor’s diagnosis and anticipated period of absence. The City may require the employee to submit to a medical examination at City expense, prior to authorizing payment of leave benefits, or at any time during any leave granted. Upon receipt of such satisfactory information, the employee will be placed on sick leave with benefits for a period not to exceed 26 payroll periods.
   (c)   Payments during this period shall be at the rate of 75% of the employee’s straight time hourly rate, excluding premium pay, and shall include only those days the employee would have been paid but was unable to work due to his or her health.
   (d)   When an employee has exhausted all available sick leave insurance benefits, but is unable to work due to health reasons, upon making proper application therefor, the employee shall use his or her accrued sick and annual leave prior to being eligible to be placed on extended sick leave as outlined in § 35-88A.2.
   (e)   At the conclusion of a residential rehabilitation program, any employee receiving sick leave benefits must undergo a physical examination conducted by the City health clinic within two weeks of the end of the program. In the event the employee fails the examination for a residential rehabilitation program, sick leave benefits will be terminated unless the employee immediately reenters a new residential rehabilitation program. Sick leave benefits shall terminate two weeks after the end of the second program, even if the employee still is unable to pass a physical examination conducted by the City health clinic.
   (f)   An employee will be eligible for sick leave insurance benefits not more than two times in any five-year period.
   (g)   The waiting period for all employees shall be 28 calendar days.
(Ord. 3229, passed 2-22-1993; Ord. 3279, passed 6-13-1994)
§ 35-88.A.2 SAME — EXTENDED SICK LEAVE WITHOUT PAY.
   (a)   A classified employee not represented by a recognized bargaining unit or employed by the Board of Hospital Managers who has accumulated 365 service credits, who has used all available paid leave time, and not drawing sick leave insurance benefits, and who continues to be unable to return to work due to his or her health, may be granted an extended sick leave without pay.
   (b)   Applications for extended sick leave shall be submitted to the Personnel Department and shall be accompanied by a statement from the employee’s personal physician which includes a diagnosis and the expected date of recovery and return to work. The City may require the employee to submit to a medical examination. Upon receipt of such satisfactory information, the employee will be placed on extended sick leave without pay or benefits for a period of not to exceed 13 payroll periods.
   (c)   The City will notify an employee on sick leave, preferably with his or her next to the last insurance check, of the number of sick and annual days available to him or her and that he or she must apply for extended sick leave, as provided herein within ten calendar days of receipt of this notice or prior to the expiration of indicated sick and annual days, whichever is the last to occur. The notification shall inform the employee that failure to apply as provided above will result in his or her being considered as having resigned.
   (d)   An employee with less than 365 service credits who exhausts all available sick leave, annual leave and applicable extended sick leave may, upon application, be granted an extended sick leave without pay or benefits upon recommendation of the appointing authority and authorization by the Personnel Director. The leave will be for 13 payroll periods.
(Ord. 3229, passed 2-22-1993; Ord. 3279, passed 6-13-1994)
§ 35-88.A.3 SAME — RETURN FROM SICK LEAVE.
   (a)   Return from extended sick leave within six months shall mean return to the classification consistent with the seniority of the classified employee as defined in § 35-88.A.1 and not necessarily to his or her previous position and/or department.
   (b)   Not less than five days prior to the date the employee expects to return to work, the employee shall notify the Personnel Department of his or her return to work so arrangements for a physical examination may be made, if required.
   (c)   An employee unable to return to work because of the continuing disability at the expiration of 13 payroll periods, will be placed on the layoff list for his or her respective classification consistent with their seniority for 39 payroll periods. At any time during the period that the employee has recovered, and a position in his or her classification or related classification becomes available and is not accepted by the employee, the employee shall be considered as having voluntarily quit. If no position has become available during the period, the employee’s name shall be removed from the layoff list.
   (d)   While on layoff list, the employee may apply for openings as they become available. In the event the employee has elected to withdraw his or her retirement contributions, he or she shall be permitted to reacquire the benefits earned by complying with the applicable provisions of Ord. 1860.
   (e)   An employee who is receiving sick leave insurance benefits, or who is on extended sick leave, may be examined by the employer’s medical representative, without cost to the employee, to determine whether he or she is able to return to work.
(Ord. 3229, passed 2-22-1993; Ord. 3279, passed 6-13-1994)
§ 35-89 HOLIDAYS.
   (a)   Holiday observance.
      (1)   The following days shall be designated as holidays:
         a.   Independence Day;
         b.   Labor Day;
         c.   Thanksgiving Day;
         d.   Christmas Eve;
         e.   New Year’s Eve;
         f.   New Year’s Day;
         g.   Martin Luther King Day; and
         h.   Memorial Day.
      (2)   All holidays shall be observed on the actual calendar day of their occurrence except in the following situations:
         a.   Martin Luther King Day shall be observed on a Monday; and
         b.   For employees with a normal workweek which enables them to have every Saturday and/or Sunday off, any holiday which has a calendar date falling on a Saturday and/or Sunday, the calendar date shall be ignored and the holiday shall be observed as follows:
            1.   Holidays occurring on a Saturday will be observed on the preceding Friday;
            2.   Holidays occurring on a Sunday will be observed on the following Monday;
            3.   Consecutive holidays occurring on Friday and Saturday will be observed on Thursday and Friday; and
            4.   Consecutive holidays occurring on Sunday and Monday will be observed on Monday and Tuesday.
   (b)   Holiday benefits — regular shift. Regular shift employees who are not required to work their regular shift on any holiday set forth in subsection (a) above shall receive eight hours pay at their straight time hourly rate.
   (c)   Holiday benefits — other than regular shift.
      (1)   Any regular employee allocated to level 22B and below required to work four or more hours in excess of a regular shift on any holiday set forth in subsection (a) hereof shall be paid one additional hour of pay at their straight time hourly rate for each hour worked in excess of eight, or in lieu of such payment the employee may elect to be credited with one hour annual leave for each hour worked in excess of eight on that day.
      (2)   Any regular employee allocated to level 22B and below called in to work less than a full shift on any holiday set forth in subsection (a) above, whether or not the employee was on standby, shall, in addition to the compensation set forth in subsection (b) above, be credited with one hour annual leave for each hour worked on the holiday.
   (d)   Duplication of holiday benefits. Employees required to work both the calendar date and the designated date of a holiday shall receive holiday benefits only for the calendar date of the holiday.
   (e)   Unauthorized leave. Employees who are absent the last scheduled work day preceding the holiday, or the first scheduled work day following a holiday, which absence is not authorized, shall receive no pay for the holiday.
(Ord. 474, passed 3-20-1942; Ord. 1625, passed 2-27-1961; Ord. 1919, passed 7-7-1966; Ord. 1907, passed 6-6-1967; Ord. 2444, passed 7-1-1974; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979; Ord. 2929, passed 12-19-1984)
§ 35-90 TUITION REIMBURSEMENT.
   (a)   If a regular employee as herein defined desires to enroll in one or more job-related courses at an accredited educational institution while continuing in full-time employment, he or she may submit in advance of commencing the course or courses a letter of application to the department head for reimbursement of the cost of his or her tuition.
   (b)   The letter of application shall list the course or courses to be taken by course title and number along with a brief description of the course content. Also to be included is the name of the educational institution, location of the course offering, dates, times and costs thereof.
   (c)   Upon proof of satisfactory completion of any course or courses and of the amount expended for tuition therefor, the employee shall be reimbursed for such tuition up to $500.00 per fiscal year, provided that the employee agrees, in writing, to remain a full- time employee for a period of one year following the completion of the course and likewise agrees that if he or she voluntarily leaves the City’s employ before the expiration of the one-year period, he or she will have deducted from his or her final day an amount equal to one-twelfth of the tuition reimbursement for each month or portion thereof lacking of the one-year requirement.
(Ord. 3023, passed 12-17-1986)
§ 35-91 MILITARY LEAVE.
   Whenever an employee who is a member of the National Guard, Naval Reserve, Army Reserve, Marine Reserve, Air Corps Reserve or Coast Guard Reserve is called to active duty or is compelled to participate in classes or instruction as part of an activated reserve unit, he or she shall be paid, during the time of the service, the difference between his or her regular wage or salary and the allowance of the State of Michigan, or other governmental authority, for the service, provided that in the case of active service that total period of payment shall not exceed three calendar weeks in any single calendar year and in the case of compulsory reserve training, the period of payment shall be determined by the appropriate department head. Before the payment shall be made, the employee shall furnish the Director of Finance with a letter from the commanding officer showing the period of active duty and the allowance made the employee by the State of Michigan or other governmental authority for the service.
(Ord. 474, passed 3-20-1942; Ord. 1625, passed 2-27-1961; Ord. 1919, passed 7-7-1966; Ord. 2315, passed 3-13-1972; Ord. 2509, passed 8-25-1975)
§ 35-92 JURY DUTY.
   (a)   (1)   Whenever an employee is called for jury duty before any court entitled to impanel a jury, he or she shall, when possible, give reasonable notice of such calling to his or her immediate superior. He or she shall thereafter, for days when required to report for such duty, be entitled to leave without pay, except as is provided in subsection (a)(2) below.
      (2)   An employee complying with the above conditions, and upon supplying to the Director of Finance of the City adequate proof that he or she has reported for jury duty before a court entitled to impanel a jury, shall be paid by the City the difference between his or her regular wage or salary and his or her jury pay for each day he or she so reported.
   (b)   When an employee is called for jury duty and complies with the requirements of subsection (a) of this section, for longevity purposes he or she shall receive credit as though he or she had worked for the City.
(Ord. 1625, passed 2-27-1961)
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