(a) The following employment positions are classified as exempt employees of the City for employment purposes:
-Safety Service Director
-Chief of Police
-Chief of Fire
-Director of Parks, Recreation and Public Facilities
-Tax Commissioner
-Chief Operating Engineer (Waste Water)
-Administrative Assistant II
-Zoning and Property Maintenance Administrator
The above exempt employees shall be paid on a salaried basis and shall receive a predetermined salaried amount for each work week regardless of the number of hours actually worked. The pay for the above employees shall be based, not on the number of hours worked, but on proper completion of the work assigned.
(b) Each exempt employee shall be given an annual performance review of his/her job performance by the Director of Safety and Service or the Mayor. The times and dates of the evaluations shall be as established by the Director of Safety and Service, and shall be in accordance with such rules and regulations as shall be promulgated by the Director.
(c) The exempt employees covered by this section shall be entitled to the following fringe benefits:
(1) Medical Insurance. The City shall provide a medical insurance plan in accordance with the summary plan description document on file with the City Auditor, as from time to time amended, as determined by the City. A copy of the summary plan description and any amendments thereto will be provided to each exempt employee. The medical insurance plan may also provide supplemental benefits such as drug prescription plan, dental plan, and optical plan, as from time to time may be determined by the City.
The City shall provide and pay the necessary premium, less an employee co-pay amount equal to the co-pay prescribed in the collective bargaining agreement between the City and the Teamsters Local 20, which currently provides as follows: co-pay amounts from Sept. 1, 2008 to August 31, 2009 of $30.00 per month or 7% for single coverage and $75.00 per month or 7% for family coverage of the premium, whichever is less, for Sept. 1, 2009 to August 31, 2010 of $35.00 per month or 8% for single coverage and $85.00 per month or 8% for family coverage of the premium, whichever is less, and for Sept. 1, 2010 to August 31, 2011 of $40.00 per month or 9% for single coverage and $100.00 per month or 9% for family coverage of premium, whichever is less. The employee’s share of the premium will be paid through payroll deduction with the monthly deduction (½ of the monthly co-pay) taken out the first and second pay period of each month. A new employee’s payroll deduction will begin with the employee’s first pay period of the first full month the insurance becomes effective. In the event that the employee is on an approved leave of absence without pay (e.g. worker’s compensation lost time claim, Family Medical Leave Act time), it will be the employees responsibility to pay the required monthly co-pay directly to the Auditor’s office. Said payments must be in the auditor’s office by the last workday of the month the premium is due.
Exempt employees will have the option to opt-out of the health care plan offered by the City at the open enrollment date or upon a qualifying event provided they are able to prove they have health care insurance available to them from another source. The employee will receive compensation of 50% of what the City’s cost would have been to provide the employee with the city’s offered health care plan. The compensation received as a result of the opt-out option shall be taxed as income and will not be eligible for OPERS wages.
(2) Residency. All exempt employees shall reside within the boundaries of the Port Clinton City School District. Each exempt employee hired after the date of this section must establish residency within the limits set forth in this section within three (3) months of the date of employment.
(3) Sick Leave.
A. For each completed work week in active pay status, an exempt employee earns 2.3 hours of sick leave. For purposes of this section, active pay status may be defined as all regularly scheduled hours and/or regularly scheduled hours from which the employee is absent due to authorized paid leave. Unused sick leave shall be cumulative without limit. Employees absent on sick leave should be paid at the same basic salary rate as when they are working.
B. Sick leave may be used, upon approval of the Director of Safety and Service, for absence due to personal illness, pregnancy, exposure to contagious disease which could be communicated to other employees, and to illness or injury in the employees immediate family requiring the presence of the employee. When sick leave is used, it shall be deducted from the employee’s credit on the basis of one hour for every one hour absence form regularly scheduled work.
C. For the purposes of this section, the “immediate family” is defined as only: mother, father, brother, sister, child, spouse, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in- law, daughter-in-law, son-in-law, legal guardian or other person who stands in the place of a parent.
D. The City shall require the employee to furnish a standard, written, signed statement upon his/her return to work to justify and explain the nature of the illness requiring sick leave. Falsification of either a written, signed statement or a physician’s certificate will be grounds for disciplinary action, including dismissal.
E. When an employee is unable to report to work, he/she shall notify the Director of Safety and Service and the respective department supervisor prior to the scheduled starting time.
F. Employees requiring a physician’s care or medication, may be required to furnish a statement from their physician notifying the City that the employee was unable to perform his/her duties. Employees returning to work after an injury, illness or operation attended by a physician, shall have a physician’s written permission before returning to work.
G. An exempt employee with ten (10) or more years of service with the City who retires from active service with the City, or an exempt employee with twenty (20) or more years of service with the City who leaves employment with the City for reasons other than termination, with an accrued minimum of 700 hours sick leave shall be paid 50% of the value of the employee’s accrued but unused sick leave, up to a maximum payment of 50% of 1500 hours. Maximum hours paid will be 750 hours. Payment shall be based on the employee’s base rate of pay at the time of retirement or separation. An exempt employee with ten (10) or more years of service with the City who retires from the active service with the City, or an exempt employee with twenty (20) or more years of service with the City who leaves employment with the City for reasons other than termination, with an accrued minimum of less than 700 hours sick leave, shall be paid for 25% of the value of the employee’s accrued but unused sick leave, up to a maximum payment of 25% of 699 hours. Maximum hours paid will be 175 hours. Payment shall be based on the employee’s base rate of pay at the time of retirement or separation.
H. An exempt employee who transfers from a public agency to the City, or who has prior service with a public agency, as defined in Ohio R.C. 124.38, shall retain credit for any sick leave earned in accordance with that section so long as he or she is employed by the City, except that deduction shall be made for any payment or credit given by the previous agency in lieu of taking sick leave. the previously accumulated sick leave of an exempt employee who has been separated from the public service shall be placed to his/her credit upon his/her re-employment with the City, provided, that such re-employment takes place within ten years of the date of which the employee was last separated from public service.
I. Each exempt employee will be entitled to the following sick leave benefits:
1. Approved sick leave shall be charged to exempt employees in 15 minute increments.
2. Exempt employees may convert one (1) sick leave day to a personal day and such day does not count toward credit sick leave.
3. During the calendar year if an exempt employee does not use sick leave according to the schedule below, the exempt employee will be granted credit sick leave (CSL) hours accordingly. These hours will be credited in January of the succeeding year and must be used prior to December 31 of the year accrued. Leave must be requested in advanced and be approved by the Mayor or Safety Service Director.
Sick Leave Used | CSL |
0 sick leave hours | 40 hours |
One (1) to eight sick leave hours | 32 hours |
Nine (9) to sixteen (16) sick leave hours | 24 hours |
(4) Paid Holidays. New Year’s Day, Martin-Luther King Day, Washington- Lincoln Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and the Friday immediately following and Christmas Day, each shall be paid holidays.
(5) Vacation.
A. Exempt employees shall receive vacation leave as follows:
1. One year and subsequent years up to seven year, 80 hours.
2. Seven years and subsequent years up to fifteen years, 120 hours.
3. Fifteen years and subsequent years up to twenty-two years, 160 hours
4. Twenty-two years and subsequent years up to 200 hours
5. Twenty-eight years and subsequent years, 240 hours
B. Vacation leave shall accrue to the employee upon each successive annual recurrence of the anniversary date of his/her employment. However, the anniversary date may be deferred because of periods of time in which the employee is not on active pay status.
C. Vacation leave shall be taken by the employee during the year in which it accrued and prior to the next recurrence of the anniversary date of his/her employment.
D. If an exempt employee is transferred between departments, any unused vacation hours which he/she may have accumulated shall continue to be available for his/her use. In the case of death, resignation or layoff of an employee, there shall be paid to the employee, his/her widow(er) or other beneficiary as provided by statute, in addition to back pay then due, an amount that will compensate him/her for vacation which has accrued in accordance with this section.
(6) Bereavement Leave. Exempt employees are granted 24 hours bereavement leave a year to attend the funeral of a member of their immediate family as defined in this section without using sick leave.
(7) Public Employees Retirement. The City shall pay the individual employee contribution to the Public Employee’s Retirement Fund. This payment shall be in accordance with the private letter rulings previously received by the City from the Internal Revenue Service. The payment shall be in addition to the employer’s contribution required by law. Employees are prohibited from receiving these monies paid to them directly and said payments shall be to P.E.R.S. and/or the Police and Fireman’s Disability and Pension Fund.
(d) A merit bonus plan shall be implemented for the exempt employees which merit bonus plan shall be administered by the Director of Safety and Service and Mayor under such rules and regulations as he shall promulgate for the operation of such merit bonus plan. The operation of the merit bonus plan is subject to the necessary appropriations of City Council, and such other requirements as shall be set forth in the rules and regulations established by the Director of Public Safety and Service and Mayor.
(Ord. 31-08. Passed 12-23-08.)