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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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§ 35-89 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)
§ 35-93 BEREAVEMENT LEAVE.
   (a)   When death occurs in the employee’s immediate family, i.e., spouse, parents, stepparents, children and stepchildren, the employee, upon request, will be granted bereavement leave for the first five scheduled working days immediately following the date of death.
   (b)   When death occurs of any of the employee’s parents-in-law, brothers, sisters, sisters-in-law, brothers-in-law, grandchildren or other relatives permanently residing in the employee’s home, the employee, upon request, will be granted bereavement leave for the first three scheduled working days immediately following the date of death, provided they attend the appropriate death related service. The supervisor may require evidence of such attendance in the form of a sympathy card or obituary notice.
   (c)   In the event the employee is notified of the death during his or her scheduled work shift and requests to be excused immediately, the employee shall be released as soon as possible and shall have the option of having the remainder of his or her shift charged to his or her accrued annual leave or having that day counted as the first day of the bereavement leave to which he or she may be entitled.
   (d)   If a death occurs under these provisions while an employee is on annual leave, upon notice his or her status shall be changed from annual leave to bereavement leave.
   (e)   Employees granted bereavement leave under this section shall, after making written request for this leave and submitting proof of relationship, receive the amount of wages they would have earned by working during straight time hours on such scheduled days of work for which they are on bereavement leave.
   (f)   Employees may be granted additional time off for travel or otherwise by use of earned annual leave upon approval of their supervisor or department head. The decision of the supervisor or department head relative to the use of annual leave for that purpose, shall not be arbitrary.
(Ord. 2444, passed 7-1-1974; Ord. 2583, passed 1-17-1977; Ord. 2699, passed 2-26-1979)
§ 35-94 SUSPENSION OF NONESSENTIAL SERVICES.
   (a)   The determination that an emergency exists and the services deemed essential under the conditions existing at the time shall be at the sole discretion of the Mayor. An announcement through the news media by the Mayor or his or her designated representative shall advise the employees of the emergency and shall specify, by division, those employees deemed to be essential and who are required to report to work.
   (b)   If the declaration of emergency occurs prior to 7:00 a.m. only those employees engaged in essential services shall report for work, and the employees shall be compensated as follows:
      (1)   Regular employees engaged in essential services, who are required to work during the period of the emergency shall be compensated at their straight time hourly rate for their normal work shift and at overtime rates for all hours in excess of their normal work shift. In addition, the employees shall be credited with annual leave equal to the total number of hours worked, or in lieu of the annual leave, the employees may elect to receive compensation for those hours at their straight time hourly rate.
      (2)   Regular employees engaged in nonessential services, and not required to work, and regular employees engaged in essential services who are unable to report for work as a direct result of the conditions necessitating the declaration of emergency shall be paid their straight time hourly rate for a normal work shift and shall have 25% of the shift charged to their accrued annual leave.
   (c)   If the declaration of emergency occurs after the start of the employees’ regular shift, the employees shall be compensated as follows:
      (1)   Regular employees engaged in essential services shall be compensated in accordance with subsection (b)(1) above, with the exception that earned annual leave shall be credited for only those hours worked after the declaration of the emergency.
      (2)   Regular employees engaged in nonessential services shall be sent home, but shall be compensated at their straight time hourly rate for a normal work shift with 25% of the time not worked charged to their accrued annual leave.
   (d)   Interim, temporary or part-time employees engaged in essential services who are required to work during the period of the emergency shall be compensated in accordance with subsections (b)(1) or (c)(1) above, except that the employees shall not be credited annual leave equal to the number of hours worked but shall receive payment therefor.
   (e)   Employees who are on authorized sick or scheduled annual leave prior to the declaration of emergency, shall have their absence charged to the appropriate accrued leave.
(Ord. 1946, passed 12-9-1966; Ord. 2315, passed 3-13-1972; Ord. 2699, passed 2-26-1979)
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