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Lakewood Overview
Lakewood, OH Code of Ordinances
Codified Ordinances of the City of Lakewood, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 32-00
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
CHAPTER 123 Departments and Directors Established
CHAPTER 125 Mayor
CHAPTER 127 Department of Law
CHAPTER 128 Municipal Income Tax (Through December 31, 2015)
CHAPTER 128 Municipal Income Tax Effective January 1, 2016
CHAPTER 129 Department of Finance; Moneys, Investments and Funds
CHAPTER 131 Department of Public Works
CHAPTER 133 Department of Public Safety
CHAPTER 135 Division of Police
CHAPTER 137 Division of Fire
CHAPTER 138 Department of Human Resources
CHAPTER 139 Department of Planning and Development
CHAPTER 140 Department of Human Services
CHAPTER 141 Special Assessments
CHAPTER 142 Community Relations Advisory Commission
CHAPTER 143 City Records Commission
CHAPTER 144 Civil Service Commission
CHAPTER 145 Keep Lakewood Beautiful Board
CHAPTER 146 Animal Safety and Welfare Advisory Board
CHAPTER 147 Bonds
CHAPTER 148 Personal Information Systems
CHAPTER 149 Employment Provisions
CHAPTER 150 Public Art Advisory Board
CHAPTER 151 Sundry Claims (Repealed)
CHAPTER 152 Tree Advisory and Education Board
CHAPTER 153 Urban Renewal
CHAPTER 154 Planning Commission
CHAPTER 155 Real Property Transactions
CHAPTER 156 Board of Building Standards and Building Appeals
CHAPTER 157 Collective Bargaining (Repealed)
CHAPTER 158 Child Care Services Advisory Board (Repealed)
CHAPTER 159 Youth Council.
CHAPTER 160 Audit Committee
TITLE SEVEN - Judicial
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 FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - SANITARY CODE
CHAPTER 149
Employment Provisions
   EDITOR'S NOTE: The City enters into Collective Bargaining Agreements with representatives of various classes of Municipal employees, which Agreements provide for benefits and other conditions and incidents of Municipal employment. The provisions of this chapter apply only to those employees and those subjects not otherwise provided for in such Agreements. In the event of a conflict between any of the provisions of such Agreements and a provision of this chapter, the provision of the Agreement shall control. Copies of the latest relevant legislation and of such Agreements may be obtained, at cost, from the Clerk of Council.
   Because of the frequency of change, provisions relating to regular compensation are not codified. Copies of the latest relevant legislation may be obtained, at cost, from the Clerk of Council.
149.01   Definitions.
149.02   Guaranteed work week for hourly employees.
149.03   Layoffs in the Department of Public Works.
149.04   Overtime compensation.
149.05   Overtime in emergency situations.
149.06   Compensation for special assignments.
149.07   Merit bonus awards.
149.08   Vacations.
149.09   Vacations: payment in event of death.
149.10   Holidays.
149.11   Sick leave.
149.111   Sick leave accumulation and conversion.
149.112   Perfect attendance bonus. (Repealed)
149.12   City’s rights reserved.
149.13   Salary deductions for hospitalization insurance. (Repealed)
149.14   Hospitalization coverage for employees.
149.141   Hospitalization coverage for councilpersons.
149.15   Uniforms for public works employees.
149.16   Military leave; compensation.
149.17   Mileage allowance.
149.18   Deferred compensation plan.
149.19   Tuition reimbursement for annual salaried employees.
149.20   Incentive awards. (Repealed)
149.21   Jury duty.
149.22   Funeral leave.
149.23   Life insurance.
149.24   Activities of officials and employees restricted.
149.25   Paid parental leave, childbirth leave.
CROSS REFERENCES
   Welfare - see Ohio Const., Art. II, §34
   Workmen's compensation - see Ohio Const., Art. II, §35; Ohio R.C. Ch. 4123
   Wages and hours on public works - see Ohio Const., Art. II, §37; Ohio R.C. Ch. 4115
   Ethics - see CHTR. 8.1
   Public Employee's Retirement System - see Ohio R.C. Ch. 145
   Expenses for attendance at conference or convention - see Ohio R.C. 733.79
   Strikes by public employees - see Ohio R.C. Ch. 4117
   Leave for military training - see Ohio R.C. 5923.05
   Police work week, overtime, holidays, uniform allowance - see ADM. Ch. 135  
   Firemen's work week, days off, holidays, uniform allowance - see ADM. Ch. 137  
   Bonds - see ADM. Ch. 147
149.01 DEFINITIONS.
   For the purposes of this chapter, certain words and phrases are defined as follows:
   (a)   "Hourly employee" means all persons who furnish labor or personal service to the City and are compensated therefore by wages fixed, computed or paid on an hourly basis and paid directly by the City, except employees who furnish labor to the City Hospital and are compensated from the Hospital Fund.
   (b)   "Week" means the period beginning at 12:01 a.m. Monday and ending at 12:00 midnight the following Sunday.
   (c)   "Work week" means the period in a week during which hourly employees shall be available for work. It regularly shall be within the period from Monday to the following Friday, both inclusive. It shall be forty hours except that in any week in which there occurs a holiday, as hereinafter defined, it shall be thirty-two hours. Nothing herein contained shall be construed to limit the power of the City as employer to require overtime labor when necessary.
   (d)   "Work day" means the period in any day during which hourly employees shall be available for work. It regularly shall be eight hours in each consecutive twenty-four hour period from Monday to Friday, both inclusive. Nothing herein contained shall be construed to limit the power of the City as employer to require overtime labor when necessary.
   (e)   "Full-time, permanent hourly employee" means an hourly employee who has been employed by the City full time at least ninety consecutive days, but shall exclude temporary employees, seasonal employees, police cadets, school guards and public works inspectors.
   (f)   "Division head" means the person who is in charge of the operation of any division named in the City Charter or division created by ordinance, the work of which is performed in any part by one or more hourly employees.
   (g)   "Regular time" means the rate of pay for work performed by an hourly employee during a work week and during a work day.
   (h)   "Overtime" means the rate of pay for work performed by an hourly employee in excess of a work day or a work week, or for work performed by such employee on Saturday, Sunday or any holiday as hereinafter defined. In the event an employee's regular work week is other than Monday through Friday, he shall not be paid overtime unless such employee works in excess of forty hours per week or eight hours per day.
   (i)   "Annual salaried employee" means and includes all full-time, permanent employees whose compensation is paid on an annual basis. "Work week" as applied to annual salaried employees, means any forty hours in a calendar week, except that in a calendar week during which any holiday hereinafter specified occurs, the term work week means any thirty-two hours. Annual salaried employees may be required to, and shall be available for, work during any work week.
   (j)   "Family and Medical Leave Act" or "FMLA" shall mean The Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601 et seq.
   (k)   "Parent" shall mean an employee who is (a) either a biological adoptive, step- or foster father or mother of a child, or (b) providing day-to-day care and financial support for a child who does not receive care and support from a biological adoptive, step- or foster father or mother.
   (l)   "Paid parental leave" shall mean a two-week leave of absence for the purpose of a parent bonding with a newborn or with a newly adopted child in which the employee is compensated at 100 percent of his or her regular base rate of pay. Paid parental leave shall be in addition to, and not reduce, an employee's balance of any other accrued paid leave provided to the employee by the City, including paid childbirth leave.
   (m)   "Paid childbirth leave" shall mean a ten-week leave of absence in which a parent who gives birth shall be compensated at 100 percent of her regular, base rate of pay while recovering from childbirth. Paid childbirth leave shall be in addition to, and not reduce, an employee's balance of any other paid leave provided to the employee by the City, including paid parental leave.
(Ord. 02-2021. Passed 3-1-21.)
149.02 GUARANTEED WORK WEEK FOR HOURLY EMPLOYEES.
   (a)   Full-time permanent hourly employees, if available and willing to work, shall be and are hereby guaranteed employment for a minimum of forty hours per week, and in fulfillment of such guarantee will be paid a minimum regular time wage equal to forty hours regular time work. This provision shall not apply where:
      (1)   The hours worked, or a compensated holiday, vacation or sick leave, or any two or more of such matters in combination, amount to forty or more hours in actual time in any week;
      (2)   Regular time pay plus overtime pay equals or exceeds forty hours of regular time pay in any week; or
      (3)   An employee shall lose time by reason of a disciplinary lay-off, or who willfully fails or refuses to perform his regular duties, or who is absent from his place of employment except for illness incapacitating him from work and evidenced in the manner specified in the provisions hereof for sick leave.
   (b)   Nothing herein contained shall be construed to limit the power of the City to lay off, suspend or discharge any employee or to terminate employment for disciplinary reasons or because of lack of work or shortage of available funds duly appropriated for payment of wages.
(Ord. 49-01. Passed 11-5-2001.)
149.03 LAYOFFS IN THE DEPARTMENT OF PUBLIC WORKS.
   Whenever, because of lack of work or shortage of available funds duly appropriated for payment of wages, the Director of Public Works determines it to be necessary to lay off one or more persons employed in positions designated in the salary ordinances relating to the Division of Streets, Sewers and Sidewalks, the Division of Parks and Public Property, the Division of Water and the Division of Refuse Collection and Disposal (all organized under the Department of Public Works by virtue of the City Charter), as “laborer” or “laborers”, he shall first lay off the employee who has served the City as an employee the least period of time. In the event of any such layoff, the Director of Public Works is authorized to transfer employees from one such Division to another as, in his discretion, he deems necessary in the public interest.
(Ord. 39-17. Passed 6-18-2018.)
149.04 OVERTIME COMPENSATION.
   (a)   Full-Time Hourly Employees. 
      (1)   Full-time hourly employees shall be compensated at the rate of time and one-half the regular rate of pay for work performed in excess of eight hours per day, and forty hours per week, and for work performed on Saturday, Sunday or any holiday as defined in Section 149.10. In the event such an employee is required to work any seven consecutive days, he shall be compensated at the rate of double the regular rate of pay for the seventh day.
      (2)   Overtime paid for labor performed on a compensated holiday shall be in addition to the regular time compensation for such holiday, but holiday hours so compensated shall not again be used in any other overtime computations. When two or more types of overtime are applicable to the same hours of work, only one will be paid. In no case will overtime be duplicated or pyramided. No credit will be allowed or premium payment made for overtime labor unless it is rendered pursuant to prior order or approval by the division head or other supervisory employee customarily authorized to direct the employee rendering it, or pursuant to a regularly established or published division rule or schedule.
   (b)   Annual Salaried Employees.
      (1)   All annual salaried employee who are exempt from the Fair Labor Standards Act shall be entitled to compensable time off, at a rate of one hour off for each hour worked in excess of eight hours per day and forty hours per week, and for work performed on Saturday, Sunday and any holiday as defined in Section 149.10. At no time shall any annual salaried employee accrue more than one hundred twenty (120) hours of compensable time. Any employee who has accumulated more than one hundred twenty (120) hours of compensable time prior to the effective date of this ordinance shall have one (1) year from the effective date of this ordinance to use that compensatory time that is in excess of the maximum one hundred twenty (120) hours or such excess time shall be waived. No more than forty (40) hours of accrued compensable time shall be converted to cash upon termination of employment. In lieu of such compensable time, all annual salaried employees covered under the Fair Labor Standards Act shall be paid time and one-half their regular pay for all hours worked in excess of forty hours per week. This paragraph does not apply to traffic signal technicians (Public Works Department), whose overtime compensation is covered in subsection (b)(2) hereof, or to employees who are paid overtime pursuant to a collective bargaining agreement.
      (2)   Traffic signal technicians shall receive time and one-half of their regular pay for all hours worked in excess of eight hours per day and forty hours per week. Traffic signal technicians shall receive time and one-half for all hours worked on Saturday, Sunday or any holiday, as defined in Section 149.10.
      (3)   Traffic signal technicians (Public Works Department) who work more than four hours as part of a regular shift assignment between the hours of 3:30 p.m. and 8:30 a.m. shall receive a shift premium of forty-five cents ($.45) per hour for all hours worked during the second shift (3:30 p.m. to 12:00 midnight) fifty cents ($.50) per hour for all hours worked during the third shift (12:01 a.m. to 8:30 a.m.).
         (Ord. 49-01. Passed 11-5-2001.)
149.05 OVERTIME IN EMERGENCY SITUATIONS.
   (a)   A full-time permanent hourly employee who is required by his superior to return to work after the completion of his regular working hours, or to come to work on a day on which he is not otherwise required to work, shall be compensated a minimum of four hours work computed at the overtime rate of pay.
   (b)   Whenever a full-time permanent hourly employee is notified personally by his division head that he is required to be on stand-by duty for the City, such employee shall be compensated in an amount equal to two hours regular time pay for such standby duty, which compensation shall be in addition to any compensation earned by such employee for actual time worked as a result of being called to duty.
(Ord. 49-01. Passed 11-5-2001.)
149.06 COMPENSATION FOR SPECIAL ASSIGNMENTS.
   An hourly employee or annual salaried employee who is assigned, for a period of thirty (30) calendar days or more, to duties for which a higher wage is provided by ordinance during any part of a regular time day shall be paid the regular time rate applicable to such duties for all of the regular time worked on such day. If the assignment continues into or is made during overtime, the employee shall be paid the overtime rate applicable to such duties for the period of such overtime assignment or shall accrue compensatory time off pursuant to Section 149.04(b)(1) where applicable. If, by reason of multiple assignments, two different rates of pay become applicable for the same time, the employee shall be paid the highest.
(Ord. 49-01. Passed 11-5-2001.)
149.07 MERIT BONUS AWARDS.
   The Merit Bonus Award System is hereby established for monetary bonuses that may be paid to employees not covered by a collective bargaining unit. The Director of Human Resources is hereby authorized to create and administer a policy for payment of merit bonuses, including guidelines for annual employee evaluations on which bonuses shall be based. Once annually the Human Resources Director shall report to Council on the implementation and the effectiveness of the Merit Bonus System.
(Ord. 43-09. Passed 5-18-2009.)
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