Falsifying of information on the employment application or resume shall lead to immediate disciplinary dismissal.
(a) Nepotism.
(1) Definition. As used in this section:
IMMEDIATE FAMILY includes:
A. Spouse, mother, father, sister, brother, daughter, son;
B. Stepmother, stepfather, stepsister, stepbrother, stepdaughter, stepson;
C. Grandmother, grandfather, granddaughter, grandson;
D. Step-grandmother, step- grandfather, step-granddaughter, step-grandson;
E. Aunt, uncle, cousin (by blood); or
F. Aunt, uncle, cousin (by marriage).
(2) Unless Council determines, by a two- thirds vote of its members, which vote shall be recorded as part of the official proceedings, that the best interests of the village will be served by an applicant's employment or promotion, no applicant for employment or promotion shall be hired to a position that will cause him or her to be directly supervised by a member of his or her immediate family or will place him or her in a situation where a member of his or her immediate family can influence working conditions, hours or wages.
(3) A member of the immediate family of an incumbent Mayor or Village Administrator shall be ineligible for employment or consideration for selection for village contracts.
(4) The policies set forth in this section apply to all village positions, full or part-time, village, state or federally funded, or employment under contract where the terms of the contract may be influenced by the supervisor.
(b) Probationary period.
(1) A new employee upon appointment by administration and confirmation by the Village Council shall work a six-month probationary period at a salary level set by Council.
(2) The probationary period shall begin immediately upon confirmation to a permanent position and shall continue for a period of six consecutive months of work, unless specifically stated otherwise in an applicable contract. The village shall retain the right to extend the probationary period for an additional six months, unless specifically stated otherwise in an applicable contract, provided that written notice is given to the affected employee. The probationary period shall be regarded as an integral part of the examination process and shall provide an opportunity for the village to determine whether the probationary employee has the ability, work habits and other attributes to qualify him or her for regular employment status. An employee shall be retained beyond the probationary period and granted full time or part time status only if the department head affirms that the services of the employee have been found to be satisfactory and recommends to the appointing authority that the employee be given full time or part time status. At any time during the probationary period, the department head may recommend to the appointing authority the dismissal of a probationary employee if, in his or her opinion, the employee is unable or unwilling to perform the duties of the position satisfactorily or his or her habits and dependability do not merit continuance in the village service.
(3) When an employee is promoted or transferred to another job classification, he or she shall be on probation in the new job classification for six months. During the probationary period, the employee may be removed from the position at any time if the employee demonstrates that he or she is unable to satisfactorily perform the requirements of the job as determined by supervisory personnel. If the employee is not performing at an acceptable level, the department head may recommend removal to the appointing authority, with final approval resting with the Mayor and/or the Village Administrator. If removed from the new job classification, the employee may be returned to his or her former position or any open position in the job classification the employee occupied prior to his or her promotion or transfer. The Mayor and/or the Village Administrator shall make a final decision on such assignment. If removed from the new job classification, the employee may be returned to his or her former position or any open position in the job classification the employee occupied prior to his or her promotion or transfer. The Mayor and/or the Village Administrator shall make a final decision on such assignment.
(c) Lay-offs.
(1) An employee may be laid off because of a re-organization of a department, or for lack of work or funds. Whenever possible, an employee laid off from one village department shall be transferred to a suitable position elsewhere. Whenever possible, at least two weeks' notice shall be given an employee prior to lay-off. Lay-offs shall not be considered disciplinary actions.
(2) A person who has been laid off may be routinely recalled to work at any time within one year, provided the person remains qualified to perform the duties of the position.
(d) General retirement.
(1) Any employee of the village who is eligible to retire under the applicable rules, regulations and statutes of the state shall be permitted to do so in accordance with the rules of the Public Employees Retirement System or the Police and Fire Pension System.
(2) Employees shall file with the Mayor and/or the Village Administrator a notice of their intent to retire, one calendar year prior to the anticipated retirement date. Although this notice should include a date certain regarding the retirement, it will not be the official notice of the date of retirement.
(3) Employees who intend to retire should file a formal retirement date with the Mayor and/or the Village Administrator at least two months prior to the actual effective date of the retirement. Employees who wish to continue their employment after the age of 70 shall submit an application for continued employment to the Mayor and/or the Village Administrator. The Mayor and/or Village Administrator will review the application and should he or she deem it necessary, order the employee to be examined by a physician. The decision of the Mayor and/or the Village Administrator shall be final.
(4) Any vacation earned by an employee and unused shall be paid to that employee at the time of retirement on the basis of one day's pay for each day of accumulated vacation.
(5) Should an employee have sick leave at the time of retirement, that employee will be compensated one day's pay for each four days of sick leave remaining.
(e) Disability retirement.
(1) If a department head has reason to believe that an employee is no longer capable of performing his or her job, the department head may send a written request to the office of the Mayor and/or the Village Administrator asking for a review of the situation. The Mayor and/or the Village Administrator may appoint a committee to study the request and recommend whether or not an examination by a disinterested physician (selected and paid by the village) should be conducted to determine the employee's fitness.
(2) If the physician finds the employee to be unfit to continue working, the village will aid the employee in applying for disability retirement.
(3) If the employee refuses, the village will apply upon the prescribed forms to the appropriate retirement board provided for in R.C. Chapter 145 or 742 for the disability retirement of the employee.
(4) The disability for which the retirement allowance is being requested must have existed to some degree, as evidenced by medical records, prior to the application for retirement.
(5) Such retirement board will have its physician determine whether or not the employee is mentally or physically incapacitated for the performance of duty by a disabling condition, either permanent or presumed to be permanent. Such disability must have occurred since the employee last became a member of the retirement system, or must have increased since such employee last became a member, to such extent as to make the disability permanent or presumed to be permanent.
(6) If the retirement board's physician determines that the employee qualifies for retirement by reason of disability, and the retirement board concurs with such determination, the employee shall be retired for disability and the action of the board shall be final.
(7) If the village files a disability retirement application to retire an employee on disability retirement, and if the physician selected by the retirement board reports to the board that the employee is physically and mentally capable of performing service, then the employee shall retain his or her present position and shall be required to return to work and perform at a competent level.
(Ord. 3050, passed 12-19-16)