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(A) The city is hereby authorized to self-insure its employee welfare plan.
(B) The city shall become administrator of the self-insured employee benefit plan and the office of the Clerk-Treasurer is hereby designated to perform the duties of the Administrator.
(C) The city is hereby authorized to retain a plan supervisor as designated by the Common Council from time to time.
(D) Payments into the plan shall be deposited in a non-reverting trust fund with a financial institution as trustee.
(E) Payment by the employees shall be made to the Administrator by payroll deductions. The payments shall not entitle employees to any vested interest in the plan.
(F) The city shall not be held liable for any mistakes in the supervision of the plan made by the plan supervisor.
(Prior Code, § 2-36) (Ord. 83-9, passed 4-12-1983; Ord. 00-9, passed 7-24-2000)
(A) The city adopts an educational assistance program to be known as the “City of Lebanon Educational Assistance Program.” The Clerk-Treasurer is directed to incorporate this program as a part of the city employment policies and practices from and after the effective date of this section.
(B) The purpose of this program is to encourage and assist the continuing development of regular employees through a broadening of job knowledge in ways which will be beneficial to the employee and to the city.
(C) The city’s policy is to fill vacancies from within whenever possible. However, the fact that the employee has taken courses under the Educational Assistance Program is not a guarantee of a transfer to another type of work or promotion to a higher level position. Many factors such as job knowledge and performance, as well as educational preparation, are considered.
(D) Under this plan, the employee must take courses related to his or her present work or future assignments for which he or she may qualify. These courses should be taken at recognized educational institutions. Correspondence courses will be approved when regular classroom courses are not available or feasible.
(E) Required or elective courses, not directly job related, may be approved for those employees pursuing a college degree. However no blanket approval will be given as the courses must be reviewed by a supervisor and the Common Council or its authorized designee. Participants must successfully pass all courses and maintain a grade equivalent of “C.”
(F) The city will pay 75% of the costs of registration, tuition and laboratory fees involved for any approved course of study. For employees who obtain college degrees (for this purpose, COLLEGE DEGREE is defined as associate, bachelor and advanced degrees), the city will pay an additional 25% of the costs of all covered courses leading to the degree if employment is continued with the city for at least three years after receiving the degree. This payment will be made upon written request of the employee at any time after the completion of the three-year period.
(G) All regular employees are eligible for educational assistance. Employees who are eligible for veteran’s assistance or who are recipients of an educational grant may also apply for educational assistance after becoming a regular employee.
(H) An employee may obtain the application form from his or her supervisor. The form is to be completed and submitted to the supervisor for approval. The courses for which assistance is requested will be reviewed by the supervisor and the designee of the Common Council. If the application is approved, a check made payable to the employee will be issued.
(I) Employees must reimburse the city for its portion of payments made to the employee for all courses the employee fails to complete, except where the failure to complete are for reasons beyond the control of the employee.
(J) Employees who participate in the educational assistance program and voluntarily leave the city’s employ must repay the city’s portion of payment made to the employee during the 12-month period immediately preceding termination.
(K) Employees are requested to send a copy of official school records to the City Clerk-Treasurer. A record of courses completed and grades will be maintained at the office of the Clerk-Treasurer.
(Ord. 97-12, passed - -1997)
(A) There is hereby established the city deferred compensation plan for the voluntary participation of all eligible employees and elected officials.
(B) The city will utilize the state’s plan document and its investment options. The city will contract with Indiana Deferred Compensation Plan, Inc. to be the exclusive servicing manager and enroller.
(C) The city shall appoint an Administrator of the plan, and authorizes him or her to make deductions from the pay of employees, who voluntarily participate, and to make other arrangements as are necessary to implement the plan. It is understood that, other than the incidental expenses of collecting the employees’ deferrals and other minor administrative matters, there is to be no cost or contribution by the city to this plan.
(Ord. 88-21, passed 11-14-1988)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECT LINE OF SUPERVISION.
An elected officer or employee who is in a position to affect the terms and conditions of another individual’s employment, including making decisions about work assignments, compensation, grievances, advancement or performance evaluation. The term does not include the responsibilities of the City Council or Mayor to make decisions regarding salary ordinances, budgets or personnel policies of the city.
EMPLOYED.
An individual who is employed by the city on a full-time, part-time, temporary, intermittent or hourly basis. The term does not include an individual who holds only an elected office. The term includes an individual who is a party to an employment contract with the city. The performance of the duties of a precinct election officer (as defined in I.C. 3-5-2-40.1) that are imposed by I.C. 3 is not considered employment by the city.
RELATIVE.
(1) Any of the following:
(a) Spouse;
(b) Parent or step parent;
(c) A child or step child;
(d) Brother, sister, step brother or step sister;
(e) A niece or nephew;
(f) An aunt or uncle; or
(g) A daughter-in-law or son-in-law.
(2) An adopted child of an individual is treated as a natural child of the individual. The terms
BROTHER
and
SISTER
shall include a brother or sister by half blood (a common parent).
(B) Nepotism prohibited.
(1) Individuals who are relatives shall not be employed by the city in a position that results in one relative being in the direct line of supervision of the other relative.
(2) An individual shall not be promoted to a position if the new position would cause their relative to be in the direct line of supervision of that individual.
(3) Individuals who are employed by the city on the date the individual’s relative begins serving a term of an elected office in the city and the individual is in the direct line of supervision of the newly elected official are prohibited from remaining in that position.
(C) Exceptions to prohibitions against nepotism.
(1) This section does not abrogate or affect an employment contract with the city that an individual is a party to and is in effect on the date the individual’s relative begins service a term of an elected office of the city.
(2) This section does not apply to individuals who are employed by the city on the date the individual’s relative begins serving a term of an elected office in the city and the individual is in the direct line of supervision of the newly elected official.
(D) Impact of resolution of those individuals employed by city on July 1, 2012. An individual who is employed by the city on July 1, 2012, is not subject to this section unless the individual has a break in employment with the city. The following are not considered a break in employment with the city:
(1) The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick, or family medical leave, or worker’s compensation.
(2) The individual’s employment with the unit is terminated following by immediate re-employment by the unit, without loss of payroll time.
(E) Certification by elected officers of the city. Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this resolution. An elected officer shall submit the certification to the Mayor and Clerk-Treasurer not later than December 31 of each year.
(Res. 2012-05, passed 6-12-2012)
(A) Overview. The city makes a commitment to provide employees a safe working environment, to ensure that employees, equipment and operating practices comply with health and safety standards, and to maintain public confidence in the city and its employees. Since the city values each employee, the city offers employees assistance in dealing with alcohol and drug abuse problems.
(B) Policy.
(1) The city requires all employees to report for work in a condition that allows them to perform their duties in a safe and efficient manner. Employees will not be permitted to work under the influence of alcohol or with prohibited drugs in their systems thereby affecting job performance.
(2) Violation of any provision of this section will be considered just cause for disciplinary action up to and including discharge, even for a first offense. In addition, refusal to adhere to any part of the policy may be considered an act of insubordination and also may lead to disciplinary action up to and including discharge.
(3) This section and related procedures may be modified by the city at any time in order to comply with any applicable federal, state or local laws or to better serve the needs of the city.
(C) Prohibited drugs.
(1) Prohibited drugs are defined as illegal substances, including controlled substances as defined in the Controlled Substance Act (21 U.S.C. 8120) and the Code of Federal Regulations (21 C.F.R. 1308.11-1308.15) and prescription controlled substances which have not been prescribed by a licensed physician or dentist for specific treatment purposes for the employee. Abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this section.
(2) This section prohibits the illegal use, sale, transfer, distribution, possession, or unlawful manufacture of narcotics, drugs, or other controlled substances while on the job or on city premises (including vehicles used for city business). These include but are not limited to marijuana, cocaine, crack, PCP, heroin, LSD, amphetamines, hallucinogens, and barbiturates. Any illegal substances found on such premises will be turned over to the state police and may lead to criminal prosecution.
(D) Alcohol.
(1) The use of alcohol on the job or on city premises is prohibited, unless such use is non-abusive and is part of an authorized official event held off city premises. The use of alcohol in vehicles used for city business is strictly prohibited.
(2) Alcohol possession applies to all open or unsealed alcoholic beverage containers. Such containers are not allowed on the job or on city premises, unless their possession is part of an authorized official event. Possession of such containers in vehicles used for city business is never authorized.
(E) Reporting violations.
(1) Employees must, as a condition of employment, abide by the terms of this section and report any conviction to the city under a criminal drug statute for violations occurring on or off city premises when conducting city business. Report of a conviction must be made to the city within five business days after the conviction. The city will then notify the appropriate contracting officer within ten days after receiving notice from either the employee or from another source. (These requirements are mandated by the Drug-Free Workplace Act of 1988.)
(2) An employee who is involved with off the job illegal drug activity may be considered in violation of this section. In determining whether disciplinary action will be imposed for this activity, the city will consider the circumstance of each incident, including but not limited to any adverse effect the employee's actions may have on its customers, other employees, the public, or the city's reputation and image.
(3) Any questions regarding the reporting of violations should be directed to the Clerk-Treasurer.
(F) Employee rehabilitation.
(1) Health maintenance is primarily a personal responsibility and it is the individual's responsibility to correct unsatisfactory job performance or behavioral problems caused by alcohol or drug abuse. In an effort to assist employees, the city will provide various means for employees and their family members to remain aware of the dangers of substance abuse in the workplace and to overcome drug and alcohol related problems.
(2) Employees with a personal, alcohol or drug related problem are encouraged to volunteer to participate in an approved rehabilitation program upon referral from the Employee and Family Assistance Program, before work performance becomes affected.
(3) Participation in a rehabilitation program will not be considered a barrier to employment nor a cause for disciplinary action. Employees will not be disciplined merely because of participation in a rehabilitation program or excused from the disciplinary consequences of conduct which is in violation of this section or any other city policies or job requirements.
(4) Any employee identified through a city investigation as having a substance abuse problem also may not avoid disciplinary action by requesting to participate in an approved rehabilitation program.
(5) Circumstances in each case will be evaluated to determine the course of action to be taken (i.e. whether the employee will be offered the opportunity to participate in a rehabilitation program and/or will be subject to discipline).
(G) Testing.
(1) The city will not ask employees to submit to random alcohol or drug tests.
(2) Alcohol or drug tests may be required for employees in the following circumstances:
(a) When unsatisfactory job performance or other employee behavior is reasonably indicative of substance abuse.
(b) During and after participation in a drug or alcohol rehabilitation program for a reasonable period of time as determined by the city.
(c) When required by law.
(3) If a supervisor identifies an employee with a behavior pattern and/or job performance reasonably indicative of substance abuse, the supervisor (with the concurrence of the next level of supervision) may recommend that the employee have a fitness for duty examination by a physician designated by the city. The physician will determine whether a fitness for duty examination is necessary and whether alcohol or drug tests will be required.
(4) Pre-employment drug testing is part of the pre-employment physical. The method of testing will be determined by the city. Applicants who test positive for prohibited drugs in their systems will not be offered employment. Any questions regarding re-application opportunities should be directed to the Clerk-Treasurer.
(Ord. 2012-18, passed 11-26-2012)
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTED OFFICIAL.
(a) The executive or a member of the executive body of the city;
(b) A member of the legislative body of the city; or
(c) A member of the fiscal body of the city.
RELATIVE.
(a) 1. Spouse;
2. Parent or step parent;
3. A child or step child;
4. Brother, sister, step brother or step sister;
5. A niece or nephew;
6. An aunt or uncle; or
7. A daughter-in-law or son-in-law.
(b) An adopted child of an individual is treated as a natural child of the individual. The terms “brother” and “sister” shall include a brother or sister by half-blood (a common parent).
(B) Contract disclosure requirements.
(1) The city may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
(a) An individual who is a relative of an elected official; or
(b) A business entity that is wholly or partially owned by a relative of an elected official;
only if the requirements of this division (B) are satisfied and the elected official does not violate I.C. 35-44.1-1-4.
(2) A unit may enter into a contract or renew a contract with an individual or business entity described in division (B)(1) above if:
(a) The elected official files with the unit a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the unit;
3. Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
4. Be affirmed under penalty of perjury;
5. Be submitted to the legislative body of the unit and be accepted by the legislative body in a public meeting of the unit prior to final action on the contract or purchase; and
6. Be filed, not later than 15 days after final action on the contract or purchase, with:
A. The State Board of Accounts; and
B. The clerk of the circuit court in the county where the unit takes final action on the contract or purchase;
(b) The appropriate agency of the unit:
1. Make a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
2. Makes a certified statement of the reasons why the vendor or contractor was selected; and
(c) The unit satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(3) An elected official shall also comply with the disclosure provisions of I.C. 35-44.1-1-4, if applicable.
(4) This division (B) does not affect the initial term of a contract in existence at the time the term of office of the elected official of the unit begins.
(C) Certification by elected officers of the city. Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this resolution. An elected officer shall submit the certification to the Mayor and Clerk-Treasurer not later than December 31 of each year.
(Res. 2014-22, passed 11-12-2014)
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