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Lebanon, Ohio Code of Ordinances
City of Lebanon, Ohio Code of Ordinances
ADOPTING ORDINANCE
CHARTER OF LEBANON, OHIO
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - City Organization and Administration
TITLE FIVE - Health and Judicial
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 133.02 APPROVED POSITIONS AND TITLES AND ALLOCATION TO GRADES.
   The following positions and job titles are defined for the City of Lebanon and are assigned to the indicated pay grades. No positions or job titles shall be created or changed except by amendment of this chapter. All jobs are defined as exempt or nonexempt as defined by the Federal Fair Labor Standards Act.
   (A)   Exempt positions. The following approved positions are classified as exempt and will be paid under the exempt salary structure:
Title               Grade
Deputy City Manager      9
Director of Electric Operations   9
Chief of Police         9
Fire Chief            9
Director of Water & Wastewater Operations   9
Director of Public Works      9
Director of Community Development   9
City Engineer         8
Director of Court Administration and Probation   8
Deputy Director of Electric Operations   8
Electric Deputy Director of Engineering   8
City Planner            7
Assistant City Engineer      7
Collection and Distribution Systems Superintendent   7
Wastewater Treatment Plant Superintendent   7
Information Technology Manager   7
Police Captain         7
Battalion Chief          7
Assistant to the City Manager   7
Recreation and Natural Resource Coordinator   6
Deputy City Auditor         6
Senior Finance/Budget Analyst   6
Geographic Information System Administrator   6
Customer Service Supervisor   6
Chief Probation Officer      6
Clerk of Courts         6
Bailiff               6
Studio Production Manager   6
Human Resources Manager   6
   (B)   Nonexempt positions. The following approved positions are classified as nonexempt and will be paid under the nonexempt pay plan:
Title               Grade
Police Sergeant         6
Fire Lieutenant         6
Electric Crew Leader      6
Wastewater Treatment Plant Chief Operator   6
Streets, Parks or Cemetery Supervisor   5
Electronic Substation Technician   5
Police Officer            5
Fire Fighter - Paramedic      5
Chief Mechanic         5
Senior Engineering Technician   5
Senior Customer Service Representative   5
Lineworker First Class      5
Purchasing Supervisor      5
Senior Administrative Assistant/Finance   5
Probation Officer II         5
Senior Environmental Technician   5
Deputy Tax Commissioner    5
Court Security Officer      5
Electric Equipment Operator II   5
Administrative Assistant/Police   4
Administrative Assistant/Electric   4
Administrative Assistant/Legal   4
Administrative Assistant Payroll and Personne   l   4
Administrative Assistant/Purchasing   4
Administrative Assistant      4
Senior Account Clerk      4
Building Maintenance Supervisor   5
Engineering Technician      4
Power Plant Mechanic II      4
Mechanic            4
Municipal Service Worker Crew Leader   4
Senior Dispatcher         4
Meter Technician II         4
Administrative Assistant/Fire   4
Chief Deputy Court Clerk      4
Electric Equipment Operator I   4
Business Tax Auditor      4
Electric Locator         4
Customer Service Representative II   3
Deputy Court Clerk II      3
Account Clerk II         3
Dispatcher            3
Electric Storekeeper      3
Electric Locator         3
Environmental Technician III   3
Municipal Service Worker III   3
Secretary II            3
Power Plant Mechanic I      3
Lineworker Trainee         3
Meter Technician I         3
Probation Officer I         3
Code Enforcement Inspector   3
Fire Marshal            3
Senior Custodian         3
Municipal Service Worker II   2
Environmental Technician II   2
Account Clerk I         2
Secretary I            2
Deputy Court Clerk I      2
Customer Service Representative I   2
Fire Fighter/EMT         2
Municipal Service Worker I      1
Custodian            1
Environmental Technician I   1
(Ord. 6140, passed 11-24-87; Am. Ord. 6367, passed 5-23-89; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 8468, passed 5-28-02; Am. Ord. 8515, passed 7-23-02; Am. Ord. 8747, passed 5-27-03; Am. Ord. 8916, passed 4-13-04; Am. Ord. 8946, passed 5-25-04; Am. Ord. 9264, passed 1-24-06; Am. Ord. 9336, passed 6-13-06; Am. Ord. 9456, passed 1-9-07; Am. Ord. 9489, passed 3-27-07; Am. Ord. 9544, passed 6-26-07; Am. Ord. 9798, passed 12-9-08; Am. Ord. 2009-110, passed 11-10-09; Am. Ord. 2010-098, passed 9-29-10; Am. Ord. 2012-041, passed 5-8-12; Am. Ord. 2013-001, passed 1-22-13; Am. Ord. 2013-019, passed 2-26-13; Am. Ord. 2013-036, passed 3-26- 13; Am. Ord. 2015-005, passed 1-27-15; Am. Ord. 2015-025, passed 2-24-15; Am. Ord. 2015-069, passed 6-23-15; Am. Ord. 2015-117, passed 11-24- 15; Am. Ord. 2016-007, passed 2-9-16; Am. Ord. 2016-115, passed 1-10-17; Am. Ord. 2017-043, passed 5-23-17; Am. Ord. 2017-103, passed 11-14- 17; Am. Ord. 2018-031, passed 4-10-18; Am. Ord. 2019-051, passed 7-9-19; Am. Ord. 2021-112, passed 12-14-21; Am. Ord. 2022-051, passed 5-10-22; Am. Ord. 2022-120, passed 11-9-22; Am. Ord. 2023-011, passed 2-14-23)
§ 133.03 EMPLOYMENT, ADVANCEMENT, CLASSIFICATION PROMOTIONS AND POSITION CLASSIFICATION.
   (A)   The City Manager shall appoint, in the manner prescribed by the Charter and ordinances, all officers and employees of the city, except those elected to office or appointed by Council.
   (B)   (1)   The City Manager shall be the personnel administrator for the city. He or she may utilize the services of other city employees or outside professionals for recruiting, testing, interviewing, and other similar activities, but he or she shall not delegate the responsibility for their activities. All such activities shall be conducted in a manner to avoid discrimination, or the appearance of discrimination, against any applicant on the basis of race, color, religion, sex, age, national origin, or disability.
      (2)   Recruiting efforts shall be such as to assure that notices of any vacancy or intent to hire are disseminated to as many potential candidates as possible. Notices shall be posted, advertisements published, or information disseminated in places and ways to reach the attention of both sexes and of minority groups and qualified candidates with disabilities.
      (3)   The personal preferences of co-workers shall not be cause for rejecting qualified applicants for employment.
   (C)   Generally, new nonexempt employees shall be paid the minimum rate of pay for the job. Exceptions may be granted by the City Manager in the following cases:
      (1)   The minimum rate for each job is based on an employee meeting the minimum qualifications stated in the job specification. If it becomes necessary to appoint an employee of lesser qualifications, the employee shall be started at a grade and step determined by the City Manager. The employee shall be evaluated at the end of six months, and if he or she has not attained the minimum qualifications, he or she shall not be retained in the job.
      (2)   The City Manager may appoint a new employee to a pay step above the minimum if it is determined that the employee has exceptional training, experience and qualifications.
      (3)   However, all such exceptions shall be reported to Council.
   (D)   Any employee entering the municipal service, or incumbent employee receiving promotion or advancement, shall be considered a probationary employee for a period of six months, after which time an evaluation of the employee’s work performance will be made and the employee shall be retained in the job class, transferred to another job class, or dismissed.
   (E)   After initial adjustments as authorized by Council as part of the adoption of a revised pay plan, an employee shall be eligible for advancement in pay or promotion according to the provisions of the following subsections:
      (1)   (a)   Advancements from one step to a succeeding step may be granted, if funds are available, following a performance evaluation to be conducted twice yearly by the employee’s supervisor and reviewed by the department or division head and approved by the City Manager.
         (b)   Increases, should there be any, shall become effective at the start of the next pay period following certification of the merit increase to the Department of Finance by the City Manager.
      (2)   The City Manager may temporarily replace any regular employee on sick leave, vacation, or leave of absence, or may temporarily fill a vacancy by appointing another regular employee to the position on an “acting” basis. The City Manager may temporarily increase the employee’s salary for the time served.
      (3)   A promotion is considered as an advancement from one pay grade to a higher pay grade with a change in job title. An employee promoted from one job to another in a higher pay grade shall enter the new job at the first pay step, unless the City Manager determines the employee falls under the exemptions stated in division (C) of this section.
      (4)   Discrimination against any employee on the basis of race, color, religion, sex, age, national origin, or disability is forbidden in consideration for pay advancement or promotion.
   (F)   The Council shall periodically conduct classification reviews. Between such reviews, the City Manager shall have responsibility for administering the classification plan of the city.
(Ord. 6140, passed 11-24-87; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 2021-112, passed 12-14-21)
§ 133.04 HOURS OF WORK.
   (A)   With the exception of the Fire Division discussed in division (B) of this section, the standard work period for municipal employees is seven days. Most municipal employees will be scheduled for 40 hours in a work period. Working hours do not include time allowed for meals. The City Manager shall designate the time to begin and the time to end work each day as well as meal periods. The City Manager shall designate which combination of work days constitute the work period and this designation may vary by department, division, bureau, or individual employee and may be altered from time to time to best meet the needs of the city service.
   (B)   All pay computations shall be based upon the standard work period for each employee. Members of the Fire Division shall be compensated in accordance with the Fair Labor Standards Act regulations governing fire protection employees of public agencies. Under these regulations, members of the Fire Division shall be compensated based on a standard work period of 14 days.
(Ord. 6140, passed 11-24-87; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 8837, passed 9-23-03; Am. Ord. 2021-112, passed 12-14-21)
§ 133.05 PAY DAYS AND COMPUTATION OF RATES.
   (A)   Pay days shall be every other Friday, with annual pay being based on 26 pay periods each year.
   (B)   Bi-weekly pay will be computed by multiplying the hourly rates, as established by Council, by each employee's actual hours worked.
   (C)   Pay will be prorated on the basis of actual hours worked times the hourly rate of part-time employees, employees terminating service, or other appropriate causes.
(Ord. 6140, passed 11-24-87; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 8837, passed 9-23-03; Am. Ord. 2021-112, passed 12-14-21)
§ 133.06 OVERTIME AND STANDBY PAY.
   (A)   Jobs classified as “exempt” shall not be eligible for overtime pay.
   (B)   Overtime pay shall be paid at the rate of 1½ times the standard pay rate for all nonexempt employees.
   (C)   Overtime pay rates are applicable to those hours worked beyond a standard work week of an employee, as designated by the City Manager. City- recognized holidays, sick leave, and approved vacation time shall be considered the same as time worked for the purpose of computing overtime.
(Ord. 6140, passed 11-24-87; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 8916, passed 4-13-04; Am. Ord. 8837, passed 9-23-03; Am. Ord. 8879, passed 12-9-03; Am. Ord. 9052, passed 12-14-04; Am. Ord. 2021-112, passed 12-14-21)
§ 133.07 VACATIONS.
   (Entire section replaced with employee handbook language)
   Eligibility and Accrual. After satisfactory completion of the probationary period, all employees are eligible to request vacation leave. Unless otherwise set forth in a collective bargaining agreement or employment contract, employees shall accrue vacation according to the following:
   (A)   (1)   FULL TIME EMPLOYEES. Regular employees working on average 40 hours or more per week. When an employee has completed one year of uninterrupted employment, the base vacation accrual of 96 hours shall be credited on the first pay period of each year. After successfully completing the six-month probationary period, employee shall be credited the 24 hours that they have accrued during their probationary period. The length of service vacation shall be credited on the employee's anniversary date.
 
Uninterrupted Service
Vacation
0 - less than one year
4 hours/month
After 1 year but less than 5 years
8 hours/month
After 5 years but less than 10 years
120 hours/year
After 10 years but less than 15 years
136 hours/year
After 15 but less than 25 years
160 hours/year
26+ years
176 hours/year
 
   (B)   Service credit. An employee of the city, who was formerly employed by the State of Ohio, a political subdivision thereof, or another public employer, is entitled to use such prior service for the exclusive purpose of computing an employee’s rate of vacation accrual based upon such prior service. Upon employment, each such full-time city employee requesting consideration under this section shall furnish the Personnel Department with certification of the period of time of such previous employment.
   (C)   Scheduling and approval. Vacation scheduling is subject to the Department/Division Head and the operational needs of the various departments/divisions.
      (1)   Vacation requests must be filed with the Department/Division Head before vacation is taken. Employees must follow proper notice requirements as designated by the department/division rules and regulations.
      (2)   Any holidays that occur during a vacation period are not counted as vacation time.
      (3)   Sick leave will not be approved for illnesses occurring while on vacation status. Unused sick leave accumulations may not be converted to vacation leave.
   (D)   Maximum vacation accrual. Staff members may accrue vacation up to two times their annual accrual rate. Staff members may not carry a vacation balance in excess of two times their annual accrual rate beyond December 31 of each year. If a staff member has accrued vacation in excess of two times their annual rate, the staff member’s vacation balance will be revised effective January 1 of each year to reflect a balance not to exceed two times the annual accrual rate.
      (1)   Staff members may submit an excess vacation time carryover request form to the Personnel Department no later than October 1 of each year to request permission to carryover vacation hours in excess of two times the annual rate. The request will include the following information:
         (a)   Amount of vacation hours to be carried over;
         (b)   The amount of vacation hours used in the current year; and
         (c)   The specific reason why the staff member is unable to consume the excess vacation.
      (2)   Upon receipt of the excess vacation time carryover request form, the staff member’s supervisory chain will take the following actions:
         (a) Validate the request based on operational reasons; or
         (b)   Jointly develop a vacation use plan with the staff member to ensure that the excess vacation is consumed prior to December 31. Any excess vacation carryover must be approved by the City Manager.
      (3)   For existing staff members who have in excess of the maximum accrual amount, year-end vacation balances may not exceed the balance accrued at the time this policy is adopted.
   (E)   Payment for unused vacation leave.
      (1)   An employee who has been employed by the city for a period of at least one year and who resigns, retires, goes on disability, or dies is entitled to compensation at his or her current rate of pay for any earned but unused vacation leave to his or her credit at the time of separation, provided that the following has occurred:
         (a)   The employee has successfully passed the probationary period;
         (b)   The employee is not dismissed for cause;
         (c)   The employee gave at least two weeks notice of resignation; and
         (d)   The employee has returned all city property and completed an exit interview.
      (2)   The employee will be compensated for unused vacation accrued at their monthly rate for the months worked during the calendar year that the employee terminates employment. Employee will not be reimbursed for vacation time that was credited the first pay period of that year in advance of what would have been accrued monthly for the months actually worked. Unused vacation time that was carried over from previous years in accordance with Section 400 of this policy.
   (F)   Vacation buy back. An employee may request additional vacation pay in lieu of taking vacation leave. Approval of vacation buy back is subject to the following conditions:
      (1)   Employee shall have completed at least seven years of service.
      (2)   Employee shall have already taken a minimum of 50% of their annual vacation accrual for the calendar year, and all personal days.
      (3)   Employees not otherwise covered by a collective bargaining agreement may apply for a maximum of seven days of vacation pay each year in lieu of taking vacation.
      (4)   Vacation buy back must be requested by October 1 each year.
(Ord. 6140, passed 11-24-87; Am. Ord. 6477, passed 2-13-90; Am. Ord. 6535, passed 10-9-90; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, 12-28-99; Am. Ord. 8837, passed 9-23-03; Am. Ord. 9052, passed 12-14-04; Am. Ord. 2010-071, passed 6-22-10; Am. Ord. 2021-112, passed 12-14-21)
§ 133.08 SICK LEAVE.
   (Entire section replaced with employee handbook language)
   (A)   An employee may request sick leave for absences resulting from illness as described below, provided they follow the policy herein. Sick leave may be requested for the following reasons:
      (1)   Illness or injury of the employee, a member of his or her immediate family, or a member of the employee's household, where his or her attendance is reasonably necessary;
      (2)   Exposure of employee, a member of his or her immediate family, or a member of the employee’s household to a contagious disease which would have the potential of jeopardizing the health of the employee or the health of others;
      (3)   Medical, dental, or optical examinations or treatment of an employee, a member of his or her immediate family, or a member of the employee’s household;
      (4)   Pregnancy, childbirth, and/or related medical conditions; or
      (5)   Any other reason that would fulfill the requirements of the Family and Medical Leave Act.
   (B)   For the purposes of this policy, “immediate family” is defined as only: mother, father, brother, sister, child, legal spouse, grandparent, grandchild, stepchild, foster child, legal guardian or other person who stands in the place of a parent with the approval of the City Manager.
   (C)   The city maintains the right to investigate any employee’s absence. Employees may be required to furnish proof of illness as evidenced by a physician’s statement, or other satisfactory written statements of the employee as required by the City Manager or designee All absences of three or more days may require a physician’s excuse.
   (D)   All full-time employees of the city who work on average a 40-hour work week shall accrue 4.6 hours of sick leave per pay period. Designated Fire Division full-time personnel who work on average 104 hours over a 14-day period shall accrue sick leave at the rate of 0.0575 hours of sick leave for regular hours worked.
   (E)   Any employee requesting sick leave must inform his or her supervisor within the prescribed time frame established by the department/division rules and regulations. The employee must give a satisfactory reason for his or her sick leave and location of convalescence, if different than the home address.
   (F)   Vacation leave and compensatory time (if applicable) may be used for sick leave purposes at the employee’s request and with the approval of the City Manager. Employees who are unable to return to work after exhausting all paid leave may apply for an unpaid leave of absence or may be eligible for unpaid Family Medical Leave.
   (G)   Medical/dental appointments are excusable absences and are valid reasons for use of earned sick leave. Employees are expected to schedule medical and dental appointments to minimize interference with office hours. To keep lost production time to a minimum, the employee should schedule appointments for early or late in the day. Employees are expected to request only as much time as is needed to attend the scheduled appointment, including reasonable travel time.
   (H)   Any employee returning from sick leave may be required, prior to returning to work, to submit a physician’s certification of the employee’s ability to perform the essential functions of the position. The city reserves the right to require an employee to remain on sick leave until such time as the employee is fully released to perform all of his/her essential functions. Return to limited or light duty will be permitted only upon the recommendation from the Department/Division Head and approval by the City Manager.
   (I)   Employees absent on sick leave shall be paid at their regular hourly, daily, or bi-weekly rate as when they were working.
   (J)   If sick leave is denied and as a result the employee has been overpaid, such overpayment shall be deducted from the employee's next pay check, and the employee's sick leave balance shall be restored.
   (K)   An employee fraudulently obtaining sick leave, abusing sick leave, or falsifying sick leave records, shall be subject to disciplinary action or discharge in accordance with policies outlined in this manual.
(Ord. 6140, passed 11-24-87; Am. Ord. 6471, passed 2-13-90; Am. Ord. 6570, passed 1-22-91; Am. Ord. 6689, passed 1-28-92; Am. Ord. 6830, passed 4-13-93; Am. Ord. 7152, passed 12-26-95; Am. Ord. 7744, passed 12-28-99; Am. Ord. 8837, passed 9-23-03; Am. Ord. 9052, passed 12-14-04; Am. Ord. 2021-112, passed 12-14-21)
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