252.35  MANDATORY TIME-OFF.
   (a)   As the result of inclement weather, disaster or other justifiable cause, the Mayor is authorized and empowered to declare periods of mandatory time-off for non-essential personnel employed by the City.
   (b)   For purposes of this section, the following definitions shall apply:
      (1)   “Essential employees” shall be those employees declared by their appointing authorities, on a case-by-case basis, whose attendance and efforts are deemed by such appointing authorities to be necessary to ensure the orderly continuation of basic services to the residents of the City, during those periods of mandatory time-off declared by the Mayor.
      (2)   “Non-essential employees” shall be all other City employees who are not designated as essential employees by their appointing authorities, during those periods of mandatory time-off, declared by the Mayor.
   (c)   Compensation for non-essential employees affected by the Mayor's declaration of periods of mandatory time-off shall be paid through the use of an affected non-essential employee's accrued leave, including, but not limited to sick leave, vacation leave, compensatory time and personal leave, at the affected employee's designation and election.
   (d)   The following additional procedures shall be followed in connection with the Mayor's declaration of periods of mandatory time-off:
      (1)   If a level 3 emergency is declared by the Darke County Sheriff before 7:00 a.m. of the workday, and it is not a modified level 3 emergency, as declared by the Mayor, all non-essential employees shall not report to work, and the use of leave, as specified in division (c) above, shall be followed.
      (2)   If a declared level 3 emergency is lowered to a level 1 or level 2 emergency at, or before, 11:00 a.m. on the same workday, all affected non-essential employees shall report to their workstations by 12:00 noon on such workday. It shall be the duty of each affected non-essential employee to confirm such return-to-work status with such affected employee's supervisor. If an affected non-essential employee is of the opinion that he or she cannot report to work due to weather conditions other than a declared level 3 emergency, the affected employee may use his or her vacation, compensatory, or personal leave only.
      (3)   If a declared level 3 emergency is lowered to a level 1 or level 2 emergency after 11:00 a.m. on the same workday, non-essential employees are not required to return to their workstations and may continue to use leave as specified in division (c) above.
      (4)   If the City receives notification that a level 3 emergency is about to be declared during the workday, nonessential employees shall be duly advised. At the discretion of such affected non-essential employee's appointing authority, such employee may be dismissed from further job responsibility on such workday, and, thereupon, an affected non-essential employee may use his or her leave, as specified in division (c) above.
      (5)   It shall be each affected non-essential employee's personal responsibility to monitor the status of emergency level declarations and amendments thereto, so as to ascertain his or her duly to report to his or her workstation.
(Ord. 08-03.  Passed 1-15-08; Ord. 11-05.  Passed 1-18-11.)