(a) Applicability, Purpose and Interpretation
The term "Code" as used in this Chapter shall be interpreted to mean the "Personnel Code" unless its context clearly indicates otherwise and shall be considered part of the Administrative Code of the City of Napoleon, Ohio, whether codified or not.
Any resolution, ordinance, code or other similar instrument that refers to the "Personnel Code" shall be construed to mean this Code.
This Code supersedes and replaces all applicable federal and state laws, statutes, codes, policies, and all matters or issues pertaining to employee wages, benefits, and working conditions over which it has authority to supersede and replace. However, an ordinance or resolution of the City may supersede this Code if the specific issue or issues addressed in the ordinance or resolution conflict with this Code. A typical example of when this may occur is when a new hire negotiates terms different than this Code, but it is not limited to just this example.
In the event that any provision of this Code and its application to any employee is held to be contrary to law by a court of competent jurisdiction, in areas of law that it may not be contrary, it shall be of no further force and effect, except to the extent permitted by law; but all other provisions and applications shall continue in full force and effect.
Any provision of a collective bargaining agreement shall govern matters covered herein only to the extent required by law. Nothing in this Code shall be construed as giving additional benefits to members of a bargaining unit that are not otherwise stated in the collective bargaining agreement.
(b) Definitions
Definitions for the purpose of this Code:
Any reference in this Code to “hire date”, “date of employment”, “anniversary date”, “hired” and the like shall generally mean the first date of service following the most recent notice of hiring, unless the context clearly indicates otherwise.
Active Pay Status - Shall mean that an employee has received or is entitled to receive pay for one (1) of the following reasons when properly authorized in accordance with the terms of this Code: time worked whether at regular or overtime rates; sick leave; vacation leave; personal holiday; legal holiday; bereavement leave; or, compensatory time off. Active pay status shall exclude any unpaid time, unpaid leaves of absence, or unpaid separation from employment, whether authorized or unauthorized. The definition of active pay status as herein defined is intended to define active employment and is not intended nor shall it be construed as to supersede the requirements of earning overtime pay or compensatory time.
Appointing Authority - The directors of the city as provided by Charter, i.e. city manager, city finance director and city law director and may include other officers as authorized by the charter. Appointing authority may, when the text clearly indicates, mean the city council when the positions are appointed by council. Appointing authority may be others as designated by act of council or when delegated to others by the city manager, city finance director or city law director. Finally, for employees of the municipal court, the appointing authority shall be as provided by the Ohio Revised Code.
Bargaining Unit - Shall mean all employees of the City of Napoleon employed in a group of positions recognized by the City who are represented by an exclusive representative and whose terms of employment are covered by a collective bargaining agreement.
Class - A group of positions (or one (1) position) that:
Have similar duties and responsibilities;
Require like qualifications; and
Can be equitably compensated by the same salary range.
Classified Service - as defined in the Napoleon Civil Service Code and or Civil Service Rules of the City, the Charter, ordinance or other controlling law.
Class Title - The official designation or name of the class as stated in the class specification. It shall be used on all personnel records and actions. Working or office titles may be used for purposes of internal administration.
Director(s) - The city manager, city finance director, and city law director.
Employee - Unless the context otherwise indicates, employee shall mean any employee of the City.
Employee, Full-Time Regular - An employee hired to work for the City full-time, at least thirty (30) hours per week on a regular basis (normally 52 weeks per year) (except authorized leave). A full-time firefighter or EMT shall be considered full-time if they work a twenty-four (24) hour duty day at least fifty-three (53) hours per week on a regular basis (normally fifty-two (52) weeks per year, except authorized leave); full time employees include both hourly and salary employees. For the purpose of this Code, the city manager, city law director, city finance director and those other full-time positions appointed by council shall be considered full-time regular employees of the city and be entitled to the benefits as provided to other full-time regular employees, except where specifically excluded or where the context of the section clearly indicates that such section is not applicable to the positions. Council members and the mayor are not considered employees of any type for the purpose of this Code, except for purpose of public retirement benefits, workers compensation benefits and other benefits as specifically authorized by ordinance to be applicable to the council or mayor, or as may otherwise be required by law. For the purpose of this Code, board and commission members of the city are not considered employees of any type and are not entitled to benefits except unless specifically authorized for board and commission members by ordinance or as may otherwise be required by law.
Employee, Part-Time - An employee hired to work part-time, less than a regular thirty (30) hour work week (regardless of the number of weeks per year worked), for less than twelve (12) continuous months. Any reference to a summer, seasonal or intermittent employee shall mean part-time employee.
Employee, Permanent Part-Time - An employee hired to work part-time, less than a regular thirty (30) hour work week, for twelve (12) or more continuous months, unless for a specific assignment on a temporary basis.
Employee, Temporary - An employee that is hired for a period of time expected to be less than one hundred and twenty (120) days per rolling calendar year or no later than on completion of a specific assignment is considered a temporary employee.
Grievance - Shall mean an allegation by a full-time regular employee of the classified service for the City that there has been a breach, misinterpretation, or improper application of this Code (It is not intended that the grievance procedure be used to effect changes in this Code nor those matters which are controlled by the provisions of Federal or State laws and/or by the United States or Ohio Constitutions).
Involuntary Departure - Shall mean disciplinary termination or a firing of an employee.
Legal Holiday - Any City observed legal holiday, except President’s Day.
Non-Bargaining Employees - Employees not a member of an officially recognized bargaining unit.
Pay Period Normal - Monday 12:00 a.m. through the following Sunday 11:59 p.m. for two (2) consecutive weeks (biweekly), with exception of the Police Department which is Monday 7:00 a.m. through the following Monday 6:59 a.m. for two (2) consecutive weeks (biweekly).
Perform The Job - For the purposes of this Code, perform the job shall mean perform the essential functions of the job, with or without reasonable accommodation, without posing a direct threat to the health or safety of the employee or others.
Physician - Unless the context indicates otherwise physician shall mean a medical doctor of medicine or osteopathy licensed to practice medicine or surgery in the State of Ohio.
Position - A group of currently assigned duties and responsibilities requiring the full or any part-time or temporary employment of one (1) person. A position may be occupied or vacant.
Residence - The place where one actually lives or has his/her home; a person's dwelling or place of habitation; an abode; house where one's home is. Personal presence is required without intention of definite or early removal and with purpose to remain for an undetermined period (not a post office box or just a mailing address). Place of residence is the place as reasonably determined to qualify as a residence of an employee by the employee’s appointing authority.
Residency - A term to describe residence requirements as required by the City for employment purposes.
Resident - Any person who occupies a residence within the City and its limits, having a present intent to remain within the City for a period of time.
Shift Work - Work in a department when at least three (3) separate and distinct shifts exist in a twenty-four (24) hour period.
Statutory Holiday - Any City observed legal holiday with exception of President’s Day, or as defined in an approved bargaining agreement.
Unclassified Service - As defined in the Napoleon Civil Service Code or Civil Service Rules of the City, the charter, ordinance, resolution, or other controlling law.
(Ord. 035-22. Passed 7-18-22.)