135.05  TRAFFIC GUARDS.
   (a)   Duties.  The Mayor, as Director of Public Safety, is hereby authorized to employ not more than thirty-five traffic guards to relieve or replace regular police officers at school crossings, possessing such qualifications as the Director of Public Safety may require. Traffic guards shall not be regarded as regular members of the Division of Police, nor empowered with the authority or duties of regular police officers, and shall not participate in any of the benefits of the Division of Police. Traffic guards shall be under the direction of the Director of Public Safety and the Chief of Police.
   (b)   Uniform Allowance.  In addition to any clothing or equipment supplied to traffic guards, the Director of Finance shall pay from the General Fund, Traffic and Safety Uniform Allowance Account, the sum of one hundred dollars ($100.00) in the first pay period following December 1 of each year to each traffic guard who, prior to December 1, has been continuously employed as a regularly assigned traffic guard for a minimum period of one year and one day.
      (1)   As used in this section, "regularly assigned traffic guard" means a guard assigned to regular crossing duties on a daily basis and shall not include guards serving on a temporary or fill-in basis.
      (2)   In computing the length of service for purposes of determining eligibility for uniform allowance, all vacation and holiday periods wherein school is closed shall be considered as continuous employment, provided the individual has been actively employed as a traffic guard for a period of thirty days prior to such vacation or holiday period.
   (c)   Rate of Pay; Exceptions.  Traffic guards shall be paid at their hourly rate only for time actually worked, unless otherwise provided for by ordinance.
      (1)   If the Lakewood School Board of Education and/or the Cleveland Catholic Diocese, as a result of inclement weather or other emergency condition, suspends classes for the school system declaring a calamity day, as a result of such closing, traffic guards who would normally be scheduled to work are told not to report, the guards so affected shall be paid at their regular hourly rate as if they had worked their assigned crossings on that date.
      (2)   During the spring (Easter) and winter (Christmas) school breaks, all regularly assigned traffic guards who have been continuously employed for at least thirty days immediately preceding the break shall be paid at their regular rate of pay as if they had worked their assigned crossings.
      (3)   Traffic guards electing to work the summer school session shall be paid their regular hourly rate for a minimum period of two hours  per day on those days they are assigned crossings.
      (4)   Traffic guards shall not be entitled to pay for more than five consecutive calamity days for any one incident resulting in the suspension of classes.
   (d)   Accidental Death or Injury.  If a traffic guard is fatally injured as a result of and while performing the duties of a traffic guard, or dies within one year as a result of injuries received in the performance of such duties, the Director of Finance, upon the recommendation of the Director of Public Safety and the approval of Council, shall pay to the surviving spouse of the traffic guard, if any, otherwise, to the children of the traffic guard, if any, otherwise, to the estate of the traffic guard, the amount of ten thousand dollars ($10,000) from the General Fund, General Liability Insurance Account.
      (1)   If a traffic guard is unable to work as a result of injuries received in the performance of duty, he shall, upon certification of such inability by the Commissioner of Health and the approval of the Director of Public Safety, be paid for each scheduled work day for a period not to exceed ninety days as if the traffic guard were working his assigned crossing. If not regularly assigned to a specific crossing, he shall be paid for a minimum of three hours per each scheduled work day.
      (2)   In the event of any accidental death payment pursuant to this subsection, the City shall be subrogated to all the traffic guard's rights of recovery therefor against any person or organization, and the representative of the estate of such traffic guard shall execute and deliver instruments and papers and shall do whatever else is necessary to secure such rights. Furthermore, such representative shall do nothing after payment hereunder to prejudice such rights.  (Ord. 117-86.  Passed 12-15-86.; Ord. 10-2020.  Passed 6-15-20.)