(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT HEAD or SUPERINTENDENT. Any elected or appointed person who has direct supervision and responsibility for personnel, records, funds, maintenance and service to be performed by a municipal department.
PART-TIME EMPLOYEES. Any person who works less than 40 hours per week or less than 600 per year.
(B) Applicability. The provisions of this section will not apply to employees who are covered under a collective bargaining agreement.
(C) Physical examination. Applicants seeking appointment or employment shall complete a standard application form as provided by the city and shall pass a complete physical examination to be given by a duly licensed physician before starting work. A report of the physician’s findings shall be on a standard form provided by the city. This provision stall apply to part-time or seasonal employees as well as full-time employees. The physician’s examination fee shall be paid for by the city. This provision shall not apply to those employees hired in an emergency and for a period of less than ten working days.
(D) Probationary period. The first 12 months service of an employee is a probationary period during which there shall be no responsibility on the part of the city for the continued employment of the new employee. Termination of employment during this probationary period shall not be subject to challenge by employee. When the probationary period is completed, seniority will date back 12 months from the date of completion of the probationary period.
(E) Accidents. Personnel involved in, or having any knowledge of, any accident whereby any person employed by the city or any property or equipment owned or operated by the city involved shall immediately report the accident and pertinent information to the department supervisor who shall forward such information to the office of the City Clerk. The City Clerk shall record the information on three copies of the applicable accident form, one copy to be forwarded to the insurance carrier, one copy to the City Attorney and one copy retained on file in the City Clerk's office.
(F) Dismissal.
(1) Employees generally. The department head or the Mayor may dismiss an employee at any time for just cause with the consent of appropriate committee of the City Council. An employee who is dismissed shall be given written notice of the reasons for the action, copies of which notice shall be forwarded to the Mayor and City Clerk.
(2) Appointed officials. The Mayor shall have power to remove any appointed official, on any formal charge, whenever he or she shall be of the opinion that the interests of the city demand such a removal. He or she shall report the reasons for such removal to the City Council at the next regularly scheduled meeting thereof. If the Mayor shall fail or refuse to file with the City Clerk a statement of the reasons for the removal, or if the Council by two-thirds vote of all its members authorized by law, disapproves the removal, the official shall thereupon become restored to the office from which he or she was removed. No official shall be removed a second time for the same incident.
(G) Outside employment. No municipal employee shall engage in any outside employment which will impair the performance of his or her duties or be detrimental to the municipal service.
(I) Right to strike. Because the public health, safety and welfare may be adversely affected thereby, no employee shall have the right to engage in or encourage any form of sit down, slow down or in fact any form of work stoppage or strike for any reason against the city. A refusal by an employee to perform an assignment injurious to his or her health or physical safety shall not be considered a violation of this section.
(J) Leave of absence. Leave of absence without pay may be granted for a period not to exceed 60 days when the granting of such leave is in the mutual interests of the city and employee. The leave shall require approval of the department supervisor and the Mayor. A leave of absence without pay and not to exceed 5 working days shall be granted by the department supervisor or the Mayor in the event of a death in the immediate family of an employee. The employee shall not accrue employee benefits while on leave without pay, except as provided in division (S) of this section.
(K) Absence without leave. No employee may absent himself or herself from duty without permission of his or her department head. Absence without leave shall be sufficient cause for forfeiture of all rights and privileges earned while employed. An employee absent for three consecutive working days without notice and without sufficient reason shall be considered to have resigned.
(L) Special leave. Employees or officials on special leave for official city business, special education or training, upon authorization by the Council, shall receive a regular pay during the period of the leave. It is further provided that the Council may authorize that all necessary expenses be paid by the city.
(M) Retirement.
(1) Personnel shall retire from municipal duty at the age of 65 and the day of such retirement shall be at the end of the municipal fiscal year in which their sixty-fifth birthday is attained. Provided, however, that the Council may waive this provision when any of the following conditions exists:
(a) Extension of duties for each municipal year may be granted upon a determination by a duly licensed physician that an employee or official is physically able to perform his or her normal duties;
(b) That a qualified replacement is unavailable;
(c) And that such an extension is for the best interests of city.
(2) It is further provided, that seasonal or part-time employees over the age of 65, upon determination by a duly licensed physician that the personnel are physically able to perform the normal duties each municipal fiscal year may be employed by the department supervisors and Mayor without approval from the Council to perform the duties as directed by the department supervisors.
(N) Resignation. To resign in good standing, appointed personnel shall submit resignations in writing one calendar month in advance of the effective date of their resignation. Employed personnel shall submit resignations in writing two weeks in advance of the effective date of their resignation.
(O) Pension. The pension of municipal officials and employees shall be according to the laws of the state and of the United States. A summary of the Municipal Retirement Pension Plan shall be made available to employees upon request.
(P) Work days and work week. Unless otherwise agreed upon or provided for and except in case of emergency as determined by the department supervisor or Mayor, the municipal work week shall be 40 hours per week. There shall be provided at least 8 hours rest in each 24-hour period. Department supervisors shall establish a normal work day specifically designating the starting time, the quitting time and the lunch period, which time shall be strictly adhered to by the municipal employees. Employees shall be at their places of work according to these departmental regulations. All departments shall maintain a daily attendance record of employees and file a daily absentee report and/or a termination report with the City Clerk and shall furnish periodic reports to the Mayor and Council. The provisions of this section shall not apply to department heads or officials.
(Q) Seniority. A seniority list for each department indicating the length of service of each employee with the city shall be brought up to date by the City Clerk each year during the first month of the municipal fiscal year and a copy be provided to each department head. Such seniority list shall also be posted on a bulletin board in each department. Earned seniority shall not be lost due to illness, authorized leave of absence, military service or temporary layoff. The seniority of a part-time or seasonal employee that may be greater than a full-time employee shall not entitle the part-time employee to seniority rights over the full-time employee and the seniority list shall indicate by designation the part-time or seasonal employee. All seniority rights shall be lost by resignation or dismissal. Seniority and qualifications shall govern all promotions.
(R) Layoff and recall. Department heads shall lay off employees when necessary due to changes in duties or lack of work or funds. Seniority and qualifications shall govern all layoffs and recalls.
(S) Vacation.
(1) Permanent or full-time employees or appointed officials shall be entitled to vacation leave with pay as follows: one week after the anniversary date of 1 year of employment; two weeks after the anniversary date of 2 years of employment; two weeks and one day after the anniversary date of 6 years of employment; two weeks and two days after the anniversary date of 7 years of employment; two weeks and three days after the anniversary date of 8 years of employment; two weeks and four days after the anniversary date of 9 years of employment; three weeks after the anniversary date of 10 years of employment; and four weeks after the anniversary date of 15 years of employment. Vacation leave shall not be cumulative and personnel shall take earned vacation within one year following the anniversary date of the earned vacation, except that the department supervisor or Mayor at his or her discretion may allow earned vacation time to accumulate when it is for the best interests of the city. Personnel desiring vacation leave shall submit request for leave to the department supervisor 30 days in advance, except such personnel desiring vacation leave during the months of June, July, August and September, who shall submit their request prior to May 1 of each year. Department supervisors shall schedule vacations, giving due consideration to seniority rights, the needs of the service and the remaining staff to perform the necessary duties of the department. A vacation schedule shall be posted, at each department headquarters, on or before May 15 of each year if so requested.
(2) Vacation time cannot be taken in increments of less than one hour. An employee may carry up to the number of vacation days earned in the previous year past his anniversary date. Any excess time shall be forfeited, unless an emergency occurs. Once during each fiscal year, an employee may request and shall be paid cash payment in lieu of taking vacation time which exceeds the first week earned, but not to exceed two weeks.
(T) Terminal pay. Employees who leave the service of the city for any reason shall receive all pay which may be due them with the following qualifications:
(1) Employees shall be paid for all unused accrued vacation provided that the department supervisor is notified by the employee of his or her leaving two weeks in advance or sufficient reason is given in the absence of such notice;
(2) An employee who owes any money to the city at the time of his or her separation shall have his or her final pay applied against the account of whatever amount may be needed to satisfy it and shall be given a receipt for the amount credited. Partial settlement of an account by application of final pay shall not release an employee from any balance remaining due;
(3) In case of death of an employee, his or her estate shall be paid for accrued vacation and regular pay then accrued.
(U) Allowance for use of personally owned automobile on city business. Whenever a person in the classified city service uses his or her private automobile in the conduct of official city business, the person shall be compensated for such use at the standard mileage rate as set by the Internal Revenue Service, provided that such use is authorized by the department head and approved by the city Mayor.
(V) Insurance benefits after retirement. Personnel who shall retire from municipal duty who, prior to their retirement, have participated in health insurance programs and life insurance programs of the city shall have, at their option, the right to continue to participate in the health insurance programs and life insurance programs of the city, in accordance with the terms of these programs in effect at that time. Any premiums charged by the insurance company for these programs shall be paid in full by the retired person.
(W) Call back. A call back is defined as an official assignment of work that does not continuously precede or continuously follow an employee’s regularly scheduled working hours. Employees reporting back for work pursuant to the request of a supervisor, or, in the case of the Night Captain of Police who, in connection with his or her other duties, is required to appear in any court or before any regulatory or administrative agency at any time other than during his or her regularly scheduled work period, shall be compensated, as follows:
(1) All employees, except for the Night Captain of Police, shall be compensated for two hours or shall be compensated for the actual time worked, whichever is greater;
(2) The Night Captain of Police who is reporting back for work pursuant to the request of a supervisor shall be compensated for two hours or shall be compensated for the actual time worked, whichever is greater.
(X) Training travel time. In computing the time for which any employee is to be paid for attending an educational or training session, which attendance is required by the city, the travel time from City Hall to the location of the session and returning to City Hall shall be included.
(Y) Work related clothing reimbursement. Each employee employed on a full-time, permanent year-round basis, of the Waterworks Department and Street Department including the Utility Billing Clerk, and including the City Comptroller shall receive a work related clothing allowance not to exceed $300 per fiscal year of the city. The work related clothing allowance shall be paid in the same manner as any other claim against the city. The employee shall deliver a paid receipt for the purchased work related clothing to the City Comptroller within 30 days of the purchase of the work related clothing, but not later than April 25 of any fiscal year for purchases during March and April of said fiscal year. Failure to so deliver the receipt shall result in forfeiture by the employee of the right to reimbursement.
(Z) Cellular telephone and landline allowance. The Mayor shall receive a cellular telephone provided by the city, or, if he chooses to use his personal cell phone, he shall receive reimbursement for the city's cost of providing him a cellular phone. At the option of the City Comptroller said allowance may be included in payment of the recipient's salary from the city.
(AA) Part-time Police Department employees. Part-time employees of the Police Department are those who are on-call, work when needed, or employed for a one-time assignment. The total hours worked cannot exceed 999 in any 12-month period. Part-time employees of the Police Department are not entitled to, nor eligible for, benefits provided by the city to its full-time employees, nor are they entitled to, nor eligible for, benefits provided under the terms of any collective bargaining agreement, except for mandated State of Illinois and federal benefits.
(Ord. 75-17, passed 6-9-75; Am. Ord. 79-21, passed 7-9-79; Am. Ord. 78-42, passed 12-11-78; Am. Ord. 83-41, passed 12-12-83; Am. Ord. 05-16, passed 6-13-05; Am. Ord. 05-17, passed 6-13-05; Am. Ord. 06-14, passed 4-27-06; Am. Ord. 06-16, passed 5-8-06; Am. Ord. 06-20, passed 6-12-06; Am. Ord. 07-09, passed 5-14-07; Am. Ord. 07-18, passed 6-11-07; Am. Ord. 07-28, passed 9-20-07; Am. Ord. 08-12, passed 4-14-08; Am. Ord. 08-20, passed 5-12-08; Am. Ord. 09-48, passed 10-12-09; Am. Ord. 09-55, passed 12-14-09; Am. Ord. 10-20, passed 6-14-10; Am. Ord. 11-09, passed 5-9-11; Am. Ord. 12-31, passed 6-25-12; Am. Ord. 12-33, passed 7-9-12; Am. Ord. 12-39, passed 8-13-12; Am. Ord. 13-20, passed 6-10-13; Am. Ord. 13-34, passed 11-12-13; Am. Ord. 14-10, passed 5-12-14; Am. Ord. 15-08, passed 6-8-15; Am. Ord. 15-18, passed 8-10-15; Am. Ord. 17-1, passed 1-10-17)