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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CHAPTER 151 Sundry Claims (Repealed)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CHAPTER 157 Collective Bargaining (Repealed)
CHAPTER 158 Child Care Services Advisory Board (Repealed)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
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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.)
149.08 VACATIONS.
   (a)   (1)   Vacation time for all full-time permanent hourly employees and all annual salaried employees not covered by a collective bargaining agreement shall be earned in one calendar year and taken in a subsequent year. Vacation time earned during the first calendar year of employment shall be in accordance with the following schedule to reflect service time from the date of employment to December 31 of that first year based on the schedule below:
            Effective January 1, 2022, permanent part-time employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in the subsequent year based on the schedule below:
Hours of Service
Vacation Hours Earned
Hours of Service
Vacation Hours Earned
240 to 439
8
440 to 639
16
640 to 839
24
840 to 1039
32
1040 to 1239
45
1240 to 1439
48
1440 to 1639
56
1640 to 1839
64
1840 to 2079
72
 
            Effective January 1, 2002, all full-time permanent hourly employees and annual salaried employees not covered by a collective bargaining agreement, who have completed one full year of service or more as of December 31 of any given year shall be entitled to vacation in a subsequent year based on the following schedule:
 
Full Years of Service as of December 31
Vacation Hours Earned
1 thru 6
80
7 thru 12
120
13 thru 18
160
19 and over
200
 
            Effective January 1, 2022, full-time employees shall receive credit for prior service with the State of Ohio or any political subdivision of the State of Ohio for the purposes of vacation hours earned. Verification of prior service credit shall be provided to the human resources department by the employee from the appropriate retirement system.
            Effective January 1, 2022, the Mayor or appropriate appointing authority may provide advanced vacation hours earned to full-time FLSA-exempt employees. Advanced vacation hours provided cannot exceed 120 hours per year. Advanced vacation hours shall be deducted from the employee's vacation bank upon the accrual of any vacation time in the next year. Employees shall be responsible for reimbursing the City for advanced vacation hours at that employee's hourly rate upon separation from employment with the City. At no time shall an employee carry a balance of advanced vacation in excess of 120 hours.
            When a full-time permanent hourly or salaried employee terminates his employment due to voluntary resignation, retirement or death, vacation time earned during that year shall be prorated based on the above schedules.
      (2)   In applying subsection (a)(1) hereof, there shall be included in the term "regular time service" all regular time worked, regular time not worked but compensated by reasons of the holiday, vacation or sick leave provisions hereof and regular time neither worked nor directly compensated by the City but for which an employee received worker's compensation because of injury sustained in the course of employment by the City.
   (b)   Vacation time for all full-time permanent hourly employees and all salaried employees not covered by a collective bargaining agreement, shall be earned in one year and taken in the subsequent year, except that an employee's paid vacation leave shall be adjusted (or prorated) to reflect time spent on unpaid leave(s) of absence totaling thirty days or more (i.e. for each thirty days spent on unpaid leave of absence, an employee shall lose one-twelfth of regular paid vacation leave).
   (c)   Vacation pay of all employees shall be computed on the basis of compensation schedules, including regular time as to hourly employees, in effect at the time vacations are taken.
   (d)   No employee may accumulate in excess of ten weeks (fifty working days) of vacation time, excluding all vacation time earned in the year in which the accumulated vacation is taken; provided, however, in the event an employee is prevented from taking all of his vacation time earned during such year due to operational requirements of the City, the Mayor, at his sole discretion, shall have the authority to authorize a cash reimbursement for the vacation time such employee would have lost as a result of such prevention. No employee shall take more than four weeks vacation in a single uninterrupted period of time, except upon termination of employment. Accrued vacation time in excess of ten weeks (fifty working days) not taken by the employee shall be deemed surrendered by the employee. Except as otherwise provided herein, vacation time not actually taken as such is not compensable in money; however, an employee may be compensated for vacation time earned upon the termination of his employment for any reason other than discharge for cause, conditioned upon at least one week's notice of such termination by such employee.
   (e)   All vacations shall be granted and taken at such times as shall be mutually agreeable to the employee and his division head, insofar as possible. Where they are unable to agree, the decision of the division head shall govern. The division head may permit the vacation to be taken in other than consecutive days. Each division head shall annually prepare a vacation schedule so devised as to cause minimum interference with normal operation of the division. In the event of conflict between employees in regard to vacation time, seniority shall control.
(Ord. 29-2021. Passed 11-1-21; Ord. 29-2021A. Passed 12-6-21.)
149.09 VACATIONS: PAYMENT IN THE EVENT OF DEATH.
   In the case of the death of a City employee, the unused vacation leave to the credit of any such employee, computed as provided in Section 149.08, shall be paid in accordance with Ohio R.C. 2113.04, or to his estate.
(Ord. 49-01. Passed 11-5-2001.)
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