CHAPTER 137
Employment Provisions
137.01   Holidays.
137.02   Vacation leave.
137.03   Sick leave.
137.031   Health benefits.
137.04   Sexually degrading material prohibited.
137.05   Personnel manual.
137.06   Reimbursement  for automobile mileage.
137.07   Transfer of accrued vacation time and/or sick time.
137.08   Storage, use and distribution of employee personal information.
CROSS REFERENCES
      Workers' compensation - see Ohio Const., Art. II, Sec. 35; Ohio R.C. Ch. 4123
      Deductions for municipal income tax - see Ohio R.C. 9.42
      Public Employees Retirement System - see Ohio R.C. Ch. 145
      Expenses for attendance at conference or convention - see Ohio R.C. 733.79
      Vacation credit - see Ohio R.C. 9.44
      Ethics - see Ohio R.C. Ch. 102
   137.01  HOLIDAYS.
   (a)   Each regular full-time employee shall be entitled to receive one day's pay at the regular rate for each of the following holidays:
      (1)     New Year's Day
      (2)   President's Day
      (3)   Memorial Ay
      (4)   Fourth of July
      (5)    Labor Day
      (6)   Veteran's Day
      (7)   Thanksgiving Day
      (8)   The day following Thanksgiving Day
      (9)   Christmas Day
      (10)   Two personal holidays to be requested, subject to the prior approval of the Mayor   
   (b)   If any of the above listed holidays falls on a Saturday, the holiday shall be celebrated on Friday; if any of the above holidays falls on a Sunday, the holiday shall be celebrated on Monday.     
   (c)   Any regular full-time employee who is required to work a declared holiday by the Village, shall be entitled, at such employee's option, to either receive 12 hours of pay (1½ hourly rate) for each holiday required to be worked as determined by the appropriate department head or Mayor; or take an additional day of vacation on a day when the employee is otherwise being paid at the regular rate.
   (d)   To receive holiday pay, an employee must work the day before and the day after a holiday. If an employee has scheduled a personal day or a vacation day prior to the holiday, the employee will be paid for the holiday.  (Ord. 19-02.  Passed 1-10-19.)
   137.02  VACATION LEAVE.
   All full-time employees of the Village shall be granted the following vacations with full pay:
   (a)   Full-time employees of the Village shall be entitled to vacation leave with full pay, as follows:
      (1)   After the first through the fourth years of service: ten (10) working days per year;
      (2)   during the fifth through the ninth years of service:  fifteen (15) working days per year; and
      (3)   during the tenth year of service and thereafter: twenty (20) working days per year.
   (b)   Vacation compensation for each week of vacation leave shall be the same as the employee's regular pay rate.
   (c)   Part-time, temporary and seasonal employees are not entitled to paid vacation. 
   (d)   To the extent practical, vacation will be scheduled according to the employee's request when approved by the Mayor.  In cases of conflict of scheduled vacations, the employee with the greater seniority shall be given his or her choice.  Vacations may be scheduled during any week of the year.  Where Village needs permit, two or more employees may be on vacation at the same time. Written vacation requests must be submitted to the Mayor twenty-four (24) hours prior to the request.
   (e)   If vacation time is not used within the calendar year, a maximum of two weeks can be carried over to the following year only. Paid compensation will not be paid in lieu of unused vacation time.  (Ord. 19-02.  Passed 1-10-19.)
   137.03  SICK LEAVE.
   (a)   All full-time, regular employees of the Village shall be entitled for each completed eighty (80) hours of service to sick leave of two and three-tenths (2 3/10) hours with pay.  No temporary, seasonal or part-time employees shall be entitled to sick leave under this provision.
   (b)   Such employees may use sick leave, upon approval of the Mayor, for absences due to personal illness, pregnancy, injury, exposure to contagious disease that could be communicated to other employees, and illness, injury or death in the employee’s immediate family.  Unused sick leave shall be cumulative without limit.  When sick leave is used, it shall be deducted from the employee’s credit on the basis of one (1) hour for every one (1) hour of absence from previously scheduled work.
   (c)   The previously accumulated sick leave of an employee who has been separated from the public service shall be placed to the employee’s credit upon the employee’s re-employment in the public service, provided that the re-employment takes place within ten (10) years of the date on which the employee was late terminated from public service.  This ten (10) year period shall be tolled for any period during which the employee holds elective public office, whether by election or by appointment.
   (d)   An employee who transfers from one public agency to another shall be credited with the unused balance of the employee’s accumulated sick leave up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers.
   (e)   The Mayor or Council, whichever constitutes the appointing authority of the employee, shall require an employee to furnish a satisfactory written, signed statement to justify the use of sick leave.  If medical attention is required, a certificate stating the nature of the illness from a licensed physician shall be required to justify the use of sick leave.  Falsification of either a written, signed statement or a physician’s certificate shall be grounds for disciplinary action, including dismissal.
   (f)   This section does not interfere with existing unused sick leave credit in any agency of government where attendance records are maintained and credit has been given employees for unused sick leave.
   (g)   Any employee at the time of retirement from active service with the Village, and with ten (10) or more years of full-time service with the Village, state, political subdivision or any combination thereof, to be paid in cash for one-fourth (1/4) of the value of the employee’s accrued but unused sick leave credit.  The payment shall be based on the employee’s rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the employee at the time the payment is made.  An employee may receive one or more payments under this division, but the aggregate value of accrued but unused sick leave credit that is paid shall not exceed, for all payments, the value of thirty days of accrued but unused sick leave.
   (h)   Any employee who becomes sick or is injured and unable to report to work shall cause notice to be given to the Village, through the employee’s department head, not later than one (1) hour before the starting time of his or her regular starting time on the first day of his or her absence and each day thereafter, if not hospitalized, or sick leave shall not be allowed.  Should the injury or illness prevent the employee from making such notification, then it shall be the responsibility of his designee to comply with this requirement.
   (i)   The Fiscal Officer shall be informed by the Mayor, in writing, of all sick leave granted.  (Ord. 21-04.  Passed 7-1-21.)
   137.031 HEALTH BENEFITS.
   (a)   The Village shall offer health insurance benefits, which include hospitalization, dental, life and short-term disability for all full-time employees.  The various health benefits may be offered separately or in a package plan, as determined by the Village.  The Village may also self-insure.
 
   (b)   The Village may require employees who acquire health insurance benefits pursuant to Section (a) of this Ordinance to pay for a portion of the costs for the insurance provided.
 
   (c)   Each full-time employee shall be eligible to acquire a term life insurance policy through the Village.  The Village shall pay the annual cost of each policy so acquired in an amount not to exceed Three Hundred Sixty Dollars ($360.00) annually.
 
   (d)   Short term disability insurance shall be offered to all full-time employees.  The Village shall pay one hundred percent (100%) of the costs of a single policy short term disability plan for an employee.  An employee may opt to reduce or cancel the policy under a package health plan, if available. 
(Ord. 12-06.  Passed 6-7-12.)
   137.04  SEXUALLY DEGRADING MATERIAL PROHIBITED.
   (a)   The Mayor is hereby authorized and directed to remove or cause to be removed any poster, cartoon, picture, drawing, or other written material, document or any other form of visual media from any Village property, including any building or structure owned, leased or controlled by the Village that the Mayor, after consulting the State and Federal laws prohibiting sexual harassment in the work place, reasonably deems to create a hostile environment for either officials, employees, or agents of the Village or any resident who enters upon any property of the Village where such visual media may be displayed.  It is hereby declared to be the policy of the Village of North Perry that any such visual media that can create a hostile environment as interpreted by the courts of the State of Ohio or the United States of America to be in violation of the sexual harassment laws of the State of Ohio or the United States.
   (b)   The Mayor shall exercise his authority under this section to eliminate any written or visual materials which may have the effect of unreasonably interfering with the duties of the agents, employees or officials of the Village and creating, in whole or in part, an intimidating, hostile or offensive environment for Village officials, employees or residents as those terms are defined and interpreted by the courts of the State of Ohio and the courts of the United States of America. 
(Ord. 96-454.  Passed 12-5-96.)
   137.05  PERSONNEL MANUAL.
   (a)   The North Perry Village Personnel Manual, a copy of which is attached to Ordinance 97-476 and made a part thereof as Exhibit "1" is hereby adopted in its entirety as the official policy of the Village of North Perry in dealing with Village personnel matters, to the extent sent forth in the Personnel Manual.   
   (b)   In the event of a conflict between the Personnel Manual or Village ordinances, the Village ordinance shall prevail.
   (c)   The Fiscal Officer is hereby directed to distribute and deliver to all existing employees of the Village the North Perry Village Personnel manual and upon employment of all new employees to deliver, no later than the first day of employment the then current version of the Personnel Manual.
   (d)   No amendment, modification, or repeal of any portion or all of the Personnel Manual shall be effective unless such amendment, modification or repeal results from the adoption of an ordinance or a resolution of Council.(Ord. 19-02.  Passed 1-10-19.)
   137.06 REIMBURSEMENT FOR AUTOMOBILE MILEAGE.
   The automobile mileage reimbursement rate shall be equal to the maximum rate per mile that would be permitted to be used by the Internal Revenue Code and the Regulations of the Internal Revenue Service for expense deduction for each mile a personal automobile is used by a Village employee for Village business or at a rate established by Council, whichever is greater, up to the amount of round trip airfare to the activity. Immediately upon each rate change permitted by the Internal Revenue Code or the Regulations of the Internal Revenue Service, the reimbursement rate for employees shall automatically be adjusted.
(Ord. 19-02.  Passed 1-10-19.)
   137.07 TRANSFER OF ACCRUED VACATION TIME AND/OR SICK TIME.
   (a)   The vacation time and/or sick time of an employee of the Village accrued beyond the maximum allowed by ordinance may be transferred to another employee of the Village who no longer has vacation time and/or sick time remaining and who has a need for additional time because of a catastrophic personal or immediate family illness or event, upon application of the donating employee and approval of the Village as set forth herein.
   (b)   The application for any transfer of vacation time and/or sick time must be made to the Village of North Perry and must be approved by the Mayor with concurrence of Council.
(Ord. 05-14.  Passed 10-6-05.)
   137.08  STORAGE, USE AND DISTRIBUTION OF EMPLOYEE PERSONAL INFORMATION.
   (a)   The storage, use and distribution of personal information of employees of North Perry Village is as follows:
      (1)   Official File:  The official personnel file of each employee will be maintained in the Fiscal Officer's office.  Job-related and personal information regarding each employee will be retained in the official personnel file, including basic identification information, completed employment applications, personnel/payroll change forms, performance evaluations, employment related actions and other job-related information.
      (2)   File Inspection:  Upon reasonable notice, current employees will be permitted to inspect and copy (at designated copy costs) the information in their files.  Individuals will be given access to their files only in the presence of the mayor or fiscal officer at a mutually convenient work time or their own time.  Employees are not permitted to remove any personnel files from the Fiscal Officer's office.
      (3)   Disputes:  If an employee disputes any information contained in his file, he has a right to submit in writing a statement describing his account of the events.  The employee's statement will be kept with the disputed material.
      (4)   Access by Others:  An employee's personnel file shall not be made available to any person or organization other than the Village or its designated representatives, except as required by the Ohio Open Records Act or pursuant to subpoena.
      (5)   Internal Access:  Internal access to a personnel file is limited to Village supervisors who have a legitimate need to know specific information about the employee.
      (6)   External Access:  No personnel information will be disclosed to any party outside the Village unless the current or former employee provides a signed consent to release such information, except as otherwise set forth above.  Current employees shall be advised when as required by the Ohio Open Records Act or subpoena their personnel file is made available to any person or organization other than the Village or its designated representatives.
      (7)   Unauthorized Use:  Unauthorized use of the UAN database and / or employee personnel files maintained in the fiscal office is prohibited.  Disciplinary action from the mayor and / or elected officials may be forthcoming.
   (b)   Policy:   North Perry Village Information Systems (UAN) is committed to protecting North Perry Village employees and the Village from illegal or damaging actions by individuals, either knowingly or unknowingly.
      (1)   Internet/Intranet/Extranet-related systems, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, world wide web browsing and FTP(file transfer protocol) are the property of North Perry Village.  These systems are to be used for business purposes in serving the interests of the Village and its employees in the course of normal operations.
      (2)   The confidentiality of information contained within particular applications, such as financial systems, human resources and payroll systems are controlled by security rights established within the application.  Data is stored in a database system with appropriate security to prevent unauthorized access.  Employees given access to those applications should take all necessary steps to prevent unauthorized access to information which they have access to. 
      (3)   Confidentiality of information contained in individual documents stored on a central server will have protection provided by the file security of the server and network security system.    System Administrators may also have access to these areas for monitoring purposes. 
         (Ord. 10-10.  Passed 12-2-10.)