(A) Layoff; general policy.
(1) Layoffs may occur when one of the following reasons can be demonstrated:
(a) Lack of work;
(b) Lack of funds.
(2) Every effort will be made to transfer employees to a vacant position in another department/ division rather than lay them off. However, when the employee is not qualified to hold another position, department/division heads will make their recommendations for layoff to the City Manager. An employee who is laid off as a result of a reduction in force will be given preference in filling any position which opens within one year of the date of the layoff, and for which the employee is qualified.
(B) Resignation.
(1) Employees who plan to voluntarily resign shall notify their department/division head at least ten working days in advance of the effective date of separation. Failure to provide notice of resignation at least ten working days in advance will result in the forfeiture of accrued vacation pay and termination of health benefits immediately following the last day worked, unless otherwise approved by the City Manager.
(2) Any employee who resigns is encouraged to give his or her reasons for resigning and to discuss with his or her supervisor and/or the personnel department any working conditions which he or she feels may be unsatisfactory. A formal letter of resignation will be required. The city hereby accepts resignations upon receipt, and will rely on having received them. Resignations may not, therefore, be revoked without permission. A copy of the letter of resignation shall be forwarded to the Personnel Department. Failure to give proper notification shall result in ineligibility for reinstatement and may become a matter of public record.
(C) Retirement plans.
(1) All employees of the city, except for those specifically exempted by statute, are required to participate in the Ohio Employees Retirement System (OPERS), or the Ohio Police and Fire Pension Fund. If employees have any questions regarding this program, they should contact the Personnel Department for more information.
(2) An employee who retires from employment with the city shall be entitled to receive payment for accumulated sick leave of 50% of such accumulated sick leave for up to 1040 hours accumulated and 10% for over 1040 accumulated sick leave hours. The employee shall also receive payment for all accumulated vacation. In the event an employee dies while being employed by the city and said employee qualifies for his or her respective retirement/pension fund, said employee's estate shall be paid for such accumulated time. Payment of accumulated leave shall be paid at the employee's rate of pay at the time of death or retirement.
(3) In order to properly recognize the dedicated service of city personnel retiring from service, retiring staff members will be provided with a city-purchased retirement gift with a value not to exceed that which is specified in the Administrative Order.
(4) Only full-time service with the city will be credited. Cash payments cannot be used in lieu of the retirement gift.
(D) Disability separation. This section outlines the conditions under which disability separation may be granted, and procedures for administering its use. It is intended to outline the procedures to be followed after determining that no reasonable accommodation can be made.
(1) Voluntary reduction. When an employee becomes physically unable to perform the essential functions of his or her position even with a reasonable accommodation, but is still able to perform the duties of a vacant lower level position, he or she may voluntarily request reduction to the lower level position. This typically shall involve a reduction in the employee's wages. Such request shall be in writing and shall state the reason for the request. The city reserves the right to have the employee examined by a physician to determine the nature and extent of the employee's physical condition, at the sole expense of the city.
(2) Involuntary disability separation or termination for failure to report for work. If an employee becomes unable to perform the essential job duties of the employee's position, subject to the Americans with Disabilities Act, and if the employee has exhausted Family and Medical Leave, the City Manager may involuntarily separate the employee. If an employee on extended illness leave is unable to return to work when the employee's extended illness leave is exhausted, then the City Manager may grant an involuntary disability separation to the employee if the employee cooperates under this procedure. However, if the employee refuses to submit to examination or to provide proof of disability, grounds for terminating employment shall be neglect of duty, nonfeasance, unauthorized leave of absence, and failure of good behavior for failure to report for work without approved leave.
(3) Medical examination. The City Manager may require that an employee submit to a medical or psychological examination in order to determine the employee's capability to perform the essential job duties of the employee's position, or to perform the essential job duties of the position with or without a reasonable accommodation based on the employee's education, training, or experience. Such examination shall be conducted by a licensed practitioner. Prior to examination, the city will supply the examining practitioner with facts relating to the perceived disabling illness, injury, or condition, and must supply additional information, including physical and mental requirements of the employee's position, duty statements, and/or position descriptions. The cost of the examination shall be paid by the city. Both the city and the employee shall receive the results of that examination and related documents subject to R.C. § 1347.08(C)(1).
(4) Right to pre-separation conference; rights of appeal.
(a) The City Manager or designee shall institute a pre-separation proceeding when it has received the results of a medical or psychological examination and initially determines that an employee is incapable of performing the essential job duties of the employee's assigned position with or without a reasonable accommodation, and initially determines that the employee is not eligible, or is no longer eligible, for a leave of absence without pay due to a disabling injury, illness, or condition. Under those proceedings, a conference shall be scheduled, and advance written notice shall be provided to the employee. If the employee does not waive the right to that conference, then at the conference the employee has a right to examine the city's evidence of disability, to rebut that evidence, and to present testimony and evidence on the employee's own behalf.
(b) If the City Manager or designee determines, after weighing the testimony presented and evidence admitted at the pre-separation conference, that the employee is capable of performing his or her essential job duties, then the pre-separation conference shall cease and the employee shall be considered to be fit to perform his or her essential job duties. If the City Manager or designee determines, after weighing the testimony presented and the evidence admitted at the pre- separation conference, that the employee is unable to perform his or her essential job duties, then the City Manager shall separate the employee from employment for non-disciplinary reasons.
(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. 9052, passed 12-14-04; Am. Ord. 2021-112, passed 12-14-21)