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Grove City Overview
Grove City, Ohio Code of Ordinances
Codified Ordinances of the City of Grove City, Ohio
PRELIMINARY UNIT
GENERAL INDEX
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER of the CITY OF GROVE CITY, OHIO
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
TITLE SEVEN - Judicial
TITLE NINE - Taxation
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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161.12   DISCIPLINE.
   (a)   Policies and Procedures. The City's policies, procedures and guidelines for all employees are set forth in the Employee Handbook and are expected to be followed. The City may discipline an employee if necessary, be it progressive or general discipline, up to and including discharge as determined by the City in its discretion. The City maintains the discretion to classify offenses and violations of its policies, procedures and guidelines and to determine the level of discipline on a case-by-case basis.
   (b)   Work Rule Examples. In addition to violations of Laws and Ordinances, personnel rules and regulations, and departmental rules and regulations, examples of activities that may result in discipline include, but are not limited to, the following:
      (1)   Failure to follow the lawful orders of a supervisor or department head;
      (2)   Absence from work without permission;
      (3)   Continued absence or tardiness;
      (4)   Failure to perform assigned work in an acceptable manner;
      (5)   Waste of material, property or working time, including, but not limited to, abuse of City equipment or unauthorized use of City equipment;
      (6)   Inability to get along with fellow employees so that work is hindered or does not meet required standards;
      (7)   Drinking, possession, or using a drug of abuse (including, without limitation cannabis and its derivatives) on the job or appearing for work under the influence of alcohol or a drug of abuse; (Ord. C15-18. Passed 3-20-18.)
      (8)   Rudeness or disrespect in dealing with the public;
      (9)   Any conduct which adversely reflects on the professional reputation of the employee or the City, or which evidences a lack of fitness or ability of the employee to perform the duties of an employee of the City; or
      (10)   Any criminal offense.
   (c)   Progressive Discipline. When in the best interest of the City, as determined by the City Administrator, the principles of progressive disciplinary action will be followed with respect to minor offenses.
   When in the best interest of the City, as determined by the City Administrator, disciplinary action shall first be reviewed by the employee's immediate supervisor. The failure of the immediate supervisor to take action shall not preclude any higher supervisory authority from initiating disciplinary action. At the City's sole discretion, such action may consist of, and in any order or step:
      (1)   Reprimand which shall become part of the employee's personnel file;
      (2)   Suspension from duty without pay;
      (3)   Dismissal.
   Any disciplinary action which affects the pay or status of an employee shall be reviewed and approved by the City Administrator prior to becoming effective. Nothing in this Section shall be deemed to preclude an employee from being relieved of duty, with pay, if in the judgment of any higher supervisory authority such action is necessary. In all cases of discipline, the procedure set forth in these chapters shall control, unless otherwise provided for by a collective bargaining agreement entered into by the City.
   Any classified employee whose actions make the employee subject to dismissal, demotion or change in pay status shall be provided with oral or written notice of the charges against the employee, an explanation of the City's reasons for the proposed termination, and an opportunity to present the employee's version of the facts relating to the charges.
   (d)   Supervisors. The duty of maintaining discipline among employees shall rest initially with the immediate supervisor and finally with the City Administrator.
   (e)   Record of Actions. Whenever a disciplinary action is taken which results in a disciplinary action of record, the employee shall be given a copy of such record. The action may also be used in any performance assessment.
(Ord. C47-01. Passed 8-6-01; Ord. C10-09. Passed 2-17-09.)
161.13   FAMILY AND MEDICAL LEAVE ACT.
   It is the policy of the City to grant up to twelve (12) weeks of family and medical leave
during a "rolling" twelve (12) month period to eligible employees in accordance with the Family and Medical Leave Act of 1993 (FMLA) and up to 26 weeks for certain military caregiver leave. A rolling twelve (12) month period means the twelve (12) month period measured backwards from the date an employee uses the leave, provided the eligible employee has leave. If the eligible employee does not, the leave will be unpaid, however, benefits will continue during the leave as required by law.
   Employees may be required to provide a return-to-work form from their medical provider when returning from FMLA leave. If the City believes the employee cannot perform the essential functions of the position, the City may require a Fitness for Duty Certification (FDC) examination from a City approved medical provider. The City may delay restoration of employment until the FDC is provided. Unless the employee provides either a FDC or new medical certification for a serious health condition at the time the employee's FMLA leave concludes, the employee may be terminated.
   The City's policies, procedures and guidelines for Family and Medical Leave Act ("FMLA") leave are set forth in the Employee Handbook.
(Ord. C40-22. Passed 6-20-22.)
161.14   WORKPLACE VIOLENCE PREVENTION.
   (a)   Standards of Conduct. All persons should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay", or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are strictly prohibited on City property.
   Conduct that threatens, intimidates, or coerces another employee, vendor, or member of the public will not be tolerated.
   (b)   Reporting Threats. All threats of (or actual) violence, both direct and indirect, made by an employee, vendor, or member of the public should be reported as soon as possible to the City Administrator. All suspicious individuals or activities should also be reported. If there is a disturbance near a work area, employees should not attempt to intercede. Instead, immediately notify a supervisor or, if necessary, the police.
   All reports of threats, violence, and suspicious individuals and activity will be investigated promptly and thoroughly. The identity of the reporting individual will be protected to the extent practical. In order to maintain workplace safety and the integrity of the investigation, employees may be suspended with or without pay pending the outcome of the investigation.
   Any employee responsible for conduct in violation of this policy will be subject to discipline up to and including discharge, as well as the possibility of prosecution.
(Ord. C47-01. Passed 8-6-01; Ord. C10-09. Passed 2-17-09.)
161.15   DISCRIMINATION AND HARASSMENT PROHIBITED.
   (a)   Discrimination and Harassment Prohibited. The City expressly prohibits any form of unlawful discrimination or harassment based on race, color, religion, sex, national origin, age, disability, military status, status as a veteran or special disabled veteran, ancestry, familial status, pregnancy, sexual orientation, gender identity, or gender expression or any other characteristic protected by applicable federal, state, or local laws.
   (b)   Policy. In compliance with Title VII of the Civil Rights Act of 1964 as amended, and Ohio Revised Code 4112.01 et seq., it is the policy of the City:
      (1)   To provide equality of opportunity in employment with the City for all persons.
      (2)   To carry out all programs and activities in such a manner that no person shall, on the grounds of race, color, religion, sex, national origin, age, disability, military status, status as a veteran or special disabled veteran, ancestry, familial status, pregnancy, sexual orientation, gender identity, or gender expression be excluded from participation in, be denied the benefits of, or be subjected to discrimination or harassment with respect to such programs or activities.
   (c)   Sexual Harassment. The City also prohibits sexual harassment of employees in any form. It is City policy to provide an employment and business environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature or based on one’s sex constituting sexual harassment as defined and otherwise prohibited by federal and state law.
   Specifically, no supervisor shall threaten or insinuate, either explicitly or implicitly, that an employee’s refusal to submit to sexual advances will adversely affect the employee’s employment, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development.
   Other sexually harassing conduct in the workplace, whether committed by supervisors or non- supervisory personnel, is impermissible and prohibited because it creates an intimidating, hostile, or offensive working environment and/or unreasonably interferes with an individual’s work performance. This includes, but is not limited to, any harassing conduct based on one’s sex or gender or conduct of a sexual nature, including verbal conduct, touching, solicitation or the display in the workplace of sexual objects or pictures, where there has been an indication that such conduct is unwelcome.
   Any conduct, as described above, whether by supervisors or non-supervisory personnel, may result in disciplinary action, up to and including discharge.
   (d)   Guidelines-Reporting and Investigation. It is policy to investigate thoroughly and remedy any known incidents of discrimination and harassment. In order to accomplish this, however, harassment and discrimination must be brought to the attention of management. Accordingly, employees who feel aggrieved because of harassment or discrimination have an obligation to communicate their problem immediately. Employees who feel comfortable doing so should directly inform the person engaging in harassing or discriminatory conduct that such conduct is offensive and must stop; however, employees are not required to first directly address the person who is harassing or discriminating against them. The following steps should be taken by an employee who has a complaint of harassment or discrimination:
      (1)   Any individual that believes that he or she has been subjected to unlawful harassment or discrimination, or witnessed unlawful harassment or discrimination, should promptly file a written report of that fact to the department director or the individual’s immediate supervisor/manager. If the individual alleges harassment or discrimination against the department director and the individual’s immediate supervisor/manager, the individual need not report the incident to the alleged harassers or discriminators and instead, may report the incident to the City Administrator or Human Resource Coordinator. The written report should identify the alleged incidents of harassment and/or discrimination, the alleged perpetrators of the harassment and/or discrimination (if known), and any witnesses to the harassment and/or discrimination. The report will be kept confidential to the extent possible consistent with a thorough investigation and any remedial action required.
      (2)   Upon receipt of a report of harassment and/or discrimination, the City will investigate the allegations. If the City determines that an individual has violated this policy, the City will take appropriate disciplinary action, up to and including termination.
   The City encourages individuals who believe that they have been victims or witnesses of harassment and/or discrimination to come forward and report such harassment and/or discrimination. The City will not take any adverse action against an individual who in good faith comes forward to report harassment or discrimination, or provides assistance in an investigation, regardless of whether the allegation is substantiated. The City prohibits retaliation in all forms.
(Ord. C10-09. Passed 2-17-09; Ord. C15-18. Passed 3-20-18; Ord. C20-22. Passed 4-4-22.)
161.16   EMPLOYMENT AT-WILL.
   Unless otherwise protected by law or agreement, employment with the City is not for any definite period of time and is employment at-will. Both the City and the employee may terminate this at-will relationship at any time and for any reason not contrary to law. No representative of the City, except the City Administrator by express written agreement, has the authority to make representations or agreements with any employee that are contrary to the foregoing. Notably, successful completion of any "probationary" period does not alter at-will status.
(Ord. C47-01. Passed 8-6-01; Ord. C10-09. Passed 2-17-09.)
161.17   PAID BIRTH LEAVE.
   (a)   The City provides four (4) weeks paid birth leave for vaginal deliveries or six (6) weeks paid birth leave for C-section deliveries "Birth Leave" in a rolling 12-month period to an employee following the birth of that employee's child to enable the employee to recover medically from the birth. Birth leave runs concurrently with unpaid Family and Medical Leave Act ("FMLA") leave. Employees may use birth leave to supplement other paid leave, where permitted and where applicable.
   (b)   To be eligible, employees must have been employed by the City for at least ninety (90) days in a full-time status and must have given birth to a child.
   (c)   The fact that a multiple birth occurs (e.g., the birth of twins) does not increase the total amount of paid birth leave granted for that event. Nor will any employee receive more than the specified allotment of paid birth leave in any rolling 12-month period. Birth leave may, however, be split between temporally separate births.
   (d)   Each week of paid birth leave is compensated up to 100% of the employee's regular rate of pay.
   (e)   All payments under this policy will be made in accordance with standard payroll practices.
   (f)   Employees must take paid birth leave in one continuous period of leave immediately following the birth of the child except as defined in (g).
   (g)   Birth Leave may begin up to one week prior to the birth of the child, upon prior authorization from the administration. Medical documentation may be required to substantiate the need for leave in advance of a birth.
   (h)   Upon termination of the individual's employment, an employee will not be paid for any unused birth leave for which the employee was eligible.
   (i)   After the paid birth leave is exhausted, the balance of FMLA leave (if applicable) will be compensated, if at all, in accordance with the City's FMLA and paid leave policies.
   (j)   Employees are required to provide notice of the need for paid birth leave as soon as practicable.
(Ord. C40-22. Passed 6-20-22.)
161.99   DEFINITIONS AND APPLICATION OF CITY EMPLOYMENT PROVISIONS.
   Unless otherwise indicated, the following definitions and application provisions shall apply throughout all Chapters concerning City personnel.
   (a)   Application and Conflict with Collective Agreements. The provisions of Chapter 161 apply to all City personnel. Where there is a conflict between, or a subject mutually addressed by, the Chapter and a collective agreement between the City and a recognized employee bargaining unit, the collective agreement shall supersede and control. Further limitations on application are enumerated throughout the Chapter.
   (b)   Full-Time Employees. Employees that are scheduled to work not less than forty (40) hours per seven (7) calendar days and a typical work year of two thousand eighty (2,080) hours. The rates of pay and ranges prescribed in the pay plan for the respective positions are based on an average work week of forty (40) hours and a typical work year of two thousand eighty (2,080) hours.
   (c)   Part-Time Employee. Any employee who is scheduled to work less than an average of twenty five (25) hours per seven (7) calendar days and a typical work year of one thousand three hundred (1,300) hours or less.
   (d)   Seasonal Employee. Any employee who is scheduled to work less than six (6) months in a calendar year.
   (e)   Regular Employee. A person who has satisfactorily completed his or her initial probationary period, or as defined herein.
   (f)   Promotion. A promotion is an advancement from one (1) pay grade to a higher pay grade with a change in title and/or job description.
   (g)   Demotion. A demotion is movement from one pay grade to a lower pay grade for the reasons of performance failure and/or disciplinary action. Employees who are demoted shall be paid at a rate set by the City Administrator within the appropriate schedule.
   (h)   Reassignment. The City reserves the right to reassign employees when in the best interest of the City. Reassignment shall mean a change in department or job title and duties. Employees who are reassigned shall be paid at a rate set by the City Administrator with the appropriate pay schedule.
   (i)   Classified Service. Positions in the service of the City established either by Charter or Ordinance or other official act, not excluded and placed in unclassified service.
   (j)   Transitional Personnel Positions. Transitional personnel positions are temporary and employment is not to exceed 180 days. Transitional personnel positions are not included in the authorized personnel established in Section 161.10. Transitional personnel positions facilitate the hiring and transition into and out of job titles.
   (k)   Pay grade. Part time and full time positions with identical position descriptions, duties, responsibilities and required certifications shall share the same pay grade.
   (l)   Definitions. Definitions are also provided throughout the various provisions of Chapters 159 and 161.
(Ord. C47-01. Passed 8-6-01; Ord. C10-09. Passed 2-17-09; Ord. C23-15. Passed 4-20-15; Ord. C33-16. Passed 5-2-16; Ord. C10-19. Passed 3-18-19.)