(a) Purpose.
(1) The purpose of this chapter is to set forth the specific terms and conditions which apply to all employees of the Village of Luckey, including all of those persons currently in the employ of the Village at the time of the enaction of this chapter and any hired subsequent to the enaction of this chapter.
(2) This chapter does not modify benefits which may have accrued prior to the enactment of this chapter. Any and all such benefits which have accrued or have been earned prior to the enactment of this chapter shall remain in effect, and shall be carried forward.
(3) This chapter is not intended to. be all-inclusive. While it addresses many of the rules governing Village employees and the benefits accorded to them, it is simply a summary of the benefits and policies of the Village. If further information is required than is addressed in this chapter, it is the duty of the party seeking that information to contact the appropriate Department head or the Mayor.
(4) The information contained herein is considered to be the official policy of the Village and, as such, will be enforced and adhered to as policy. This chapter is not intended to create any contract or binding agreement between the Village and any employee, and nothing herein shall constitute an implied or express contract, guarantee, or assurance of employment or any right to an employment-related benefit or procedure. The Village reserves the right amend this chapter, through the proper procedure, as required in the Ohio Revised Code, at any time without notice.
(b) Employees and Officers Covered. All paid employees and appointed paid officers are covered by this chapter, including members of the Police Department. These policies will not apply to elected officials, because the elected officials are responsible directly to the voters for the amount of time they put in on their work. Elected officials may, but are not required to, use these provisions as guidelines for their own vacation plans.
(c) Previous Provisions Superseded. Any Village of Luckey ordinance, or portion thereof, which is inconsistent with the provisions set forth herein shall be and hereby is superseded and repealed.
(d) Equal Opportunity. The Village is an equal opportunity employer and selects the best matched individual for the job based upon job-related qualifications regardless of race, color, religion, sex, national origin, age, or disability and takes affirmative action to ensure against such discrimination. This policy also applies to disabled veterans and veterans of the Vietnam era. Not only does this policy apply to recruitment, selection, and employment, but it also applies to promotions, transfers, training, wages, benefits, and all other areas of employment.
(e) Falsification of Application. Any material omission or willful misstatement on an application for employment is grounds for disciplinary action up to and including termination.
(f) Drug/Alcohol Policy.
(1) The Village recognizes the danger of drug and alcohol abuse in the workplace and is committed to a drug-free workplace. The following policy is a condition of employment for all employees:
There will be no unlawful manufacture, distribution, dispensation, possession, or use of alcohol or any controlled substance, including but not limited to the unlawful use of cocaine, marijuana, heroin, barbiturates, Valium, cough syrup containing codeine, on Village premises or while the employee is on Village business.
(2) To implement this policy, the Village will require drug and alcohol testing as a condition of employment, under the following circumstances:
A. Any candidate for employment shall be tested prior to job offer. No candidate testing positive for unlawful use of any controlled substance will be hired.
B. Any employee about whom there is reasonable cause to suspect unlawful use of controlled substances. Circumstances indicating "reasonable cause" include but are not limited to the occurrence of vehicular or other accident or injury during work hours and the impairment of job function.
C. Any employee for whom testing is required to comply with federal, state, or local laws or regulations (for example, persons driving vehicles exceeding certain vehicular weight standards).
(3) Under these circumstances, urinalysis drug and alcohol testing will be performed by a competent laboratory. Positive testing will be confirmed by a second testing method on the same specimen. Confirmation of a positive test will result in immediate dismissal. Results of all such tests will be kept confidential.
(g) Smoking Policy. The Village is dedicated to providing a healthy, comfortable, and productive work environment for employees. This goal can only be achieved through on-going efforts to protect non-smokers and to help employees adjust to restrictions on smoking. Therefore, smoking and “vaping” is prohibited throughout the Village's facilities, including Village owned vehicles, except in designated smoking areas.
(h) Sexual Harassment.
(1) "Sexual harassment" is defined as any "unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature which explicitly or implicitly involves a condition of one's employment or which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Such conduct may be a violation of an employee's rights and is expressly forbidden.
(2) Any employee believing that he or she has been subjected to any kind of sexual harassment in the workplace should report the incident immediately to his/her direct supervisor, to the Mayor, or both.
(3) All complaints of sexual harassment received will be investigated immediately. Any employee involved in sexually harassing another employee will be subject to immediate discipline, which may include discharge for the first offense.
(4) Sexual harassment is not tolerated at the Village.
(i) Internet Use.
(1) Employee use of e-mail and the internet shall be limited to legitimate business purposes only. Browsing, displaying, downloading, forwarding or dissemination of objectionable materials from the internet shall be grounds for disciplinary action, up to and including termination of employment. Objectionable material includes, but is not limited to, graphic depictions of violence and/or nudity, pornography, and sexually explicit pictures and videos, and literature of a similar nature.
(2) Any and/or all electronic communications or information contained therein sent to and/or from any and/or all e-mail accounts belonging to and/or used by the Village, and any and/or all internet content (including, but not limited to web sites, web-forms, and images) and/or the information contained therein, is the sole property of the Village.
(3) Employees of the Village are prohibited from downloading and/or copying and/or forwarding in any way anything that may be construed as Village property.
(j) Safety Policy.
(1) It is the policy of the Village to provide for the well being of its employees and to protect its assets against financial loss. Human resource and property losses are to be minimized through Village-wide safety programs.
(2) The Village is committed to protecting its employees from injury on the job and requires equal dedication from each employee. The Village regards violation of its Safety Policy to be cause for disciplinary measures including dismissal of the employee in the event of lack of responsible work behavior.
(3) The Village's expectations of its employees are enumerated below:
A. Employees shall not use alcohol or illegal drugs while on the job.
B. Employees shall not be under the influence of alcohol or illegal drugs while on the job.
C. Employees shall wear seat belts at all times while driving or riding as a passenger on the job.
D. Employees shall keep and maintain a clean work area.
E. Employees shall not remove or bypass guards on any tools or equipment.
F. Employees shall lift no excessive weight without assistance and shall lift with their legs.
G. Employees shall wear eye, hand, head, body, and ear protective devices as provided.
H. Employees shall report any unsafe conditions to their supervisor.
I. Employees shall follow all other written, spoken or posted safety rules.
J. Employees shall promptly report any injury to their supervisor.
(k) Personal Telephone Calls and Mail.
(1) While the Village recognizes that use of the telephone during working hours is sometimes necessary, it discourages the placing or receiving of personal telephone calls, as it disrupts normal business routine. Employees will refrain from making long distance phone calls except in emergency situations and all personal calls will be charged back to the employee. Except in emergency situations, all personal phone calls will be limited to either designated employee break/lunch times, or before or after the Village's normal business hours.
(2) Receipt of personal mail at any Village address is discouraged, as this takes time away from sorting and distributing business mail.
(l) Vehicle Use.
(1) Village owned vehicles shall be driven for official Village purposes only and shall be cleaned and washed bi-weekly. Employees shall not drive Village vehicles while under the influence of alcohol or drugs, shall not abuse Village vehicles and shall immediately report any accidents and/or malfunctions to management and/or to the proper law enforcement authorities. Village vehicles shall not be driven by non-employees except in the case of an emergency.
(2) Employees using Village owned vehicles shall maintain a clean driving record, (i.e. no moving violations) and upon request of the Village shall provide written authorization for the Village to conduct a review of the employee's driving record with the Bureau of Motor Vehicles. Any employee shall promptly notify the Village, in writing, about any change in said employee's driving record. The failure of any such employee to maintain a clean driving record may result in reassignment and/or termination. (Ord. 790. Passed 10-17-18.)