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Ripley Overview
Codified Ordinances of Ripley, WV
CODIFIED ORDINANCES OF THE CITY OF RIPLEY, WEST VIRGINIA
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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149.33 POLICE SCHEDULE - RIPLEY POLICE DEPARTMENT.
   (a)   This schedule is based on a fourteen day cycle and functions in the following manner:
      (1)   Two days work, two days off, three days work, two days off, two days work, and three days off. In addition, officers will be required to work an additional four hours during the three day week to make a forty-hour work week.
      (2)   The workday is twelve hours.
      (3)   At the completion of the fourteen days cycle, personnel may change shifts rotating to either nights or days. There shall be only two shifts.
      (4)   First shift shall be from 7:00 a.m. to 7:00 p.m., second shift from 7:00 p.m. to 7:00 a.m.
 
   (b)   The following are policies regarding the twelve hour shift.
      (1)   Pay Period - The pay period shall run Monday through Sunday.
      (2)   Compensation for holidays. Compensation for holidays shall be at double-time for all hours worked during a twenty-four hour period, beginning at 00:01 hours. (5-6-08)
      (3)   Compensation for holidays - Eight hours of one-half time shall be given to the officer when the officer is scheduled off on holidays.
         (4-3-12)
      (4)   Time deducted for vacation and sick days. Anytime an officer on a twelve hour shift takes a shift off, twelve hours shall be deducted from the appropriate source. Vacation days result in a twelve hour deduction from vacation time and sick days result in a twelve hour deduction from sick leave. Sick leave shall accumulate at twelve hours per month as it does for all other City employees.
      (5)   Officers shall be paid for actual time worked for court time. Priority in scheduling the additional four hours during the short work week should be directed towards court time.
(5-6-08)
149.34 SEXUAL HARASSMENT.
   (a)   Rationale. The Equal Employment Opportunity Commission states in its “Guidelines on Discrimination Because of Sex” that sexual harassment is an unlawful employment practice. The purpose of this policy is to unequivocally set forth the City’s position regarding sexual harassment and the procedures to be implemented in order to carry out this policy. The City considers the respectful treatment of all employees to include the absence of sexual harassment from the work place.
 
   (b)   Definition. “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
      (1)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
      (2)   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
      (3)   Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. For example, the posting or display of materials of a sexual nature may create an offensive work environment.
   The City’s employees are prohibited from engaging in any of the conduct described above.
 
   (c)   Policy. Our continuing policy is to provide employees a workplace free from any form of sexual harassment. Sexual harassment in any manner or form is expressly prohibited. All claims of sexual harassment will be promptly and thoroughly investigated and corrective action taken if warranted by the results of the investigation. Such action may include disciplinary measures up to and including immediate termination.
 
   (d)   Procedures.
      (1)   An employee who feels that he or she has been subjected to sexual harassment should report the incident immediately in writing to his/her department head.
      (2)   Complaints will be promptly and thoroughly investigated. Investigations will be designed to protect the reasonable privacy interests of all parties concerned. Disciplinary and corrective actions will be taken dependent upon the circumstances and as appropriate.
      (3)   If the complaint involves your department head, the incident should be reported directly to the Mayor.
(11-19-96)
149.35 PERSONNEL POLICIES AND PROCEDURES HANDBOOK.
   The City of Ripley Employee Handbook, dated January 2009 is hereby adopted and enacted as an ordinance of the City.
(12-2-08)
 
149.36 ANNUAL INCREMENT POLICY.
   (a)   Purpose. The purpose of this policy is to ensure uniform adherence to the established procedures for compensating eligible employees of the City for an annual increment.
 
   (b)   Definitions.  
      (1)   “Eligible employee” means any permanent employee of the City including any probationary or provisional employee having prior qualifying service, whose position requires 12 months service per year, and who is eligible to receive the same benefits as other permanent employees. Employees who work less than full-time are not eligible to receive years of service credit for such employment.
      (2)   “Full years of service” means full years of total service as an employee of the City of Ripley (1 year equals 12 months).
         A.   Employment of less than full-time shall not be counted when computing full years of service.
         B.   This excludes any time during the year that an employee is off the payroll in no-pay status for unauthorized leave, leave of absence (personal, medical, or parental), Workers’ Compensation temporary total disability benefits, or suspension.
         C.   When a provisional appointee attains permanent status and the City elects to include such employment in the probationary period, the provisional appointment tenure shall be included in the years of service calculation.
 
   (c)   Policy.  
      (1)   Effective the fiscal year beginning July 1, 1997, every eligible employee with three or more full years of service shall receive an annual salary increment equal to $50.00 times the employee’s years of service, not to exceed 20 years of service.
         A.   Subsequent to July 1, 1998 and in each fiscal year thereafter, all eligible employees shall receive an annual increment increase of $50.00 times the employee’s full years of service.
         B.   New employees becoming eligible as a result of meeting the 3 year service minimum requirement shall be entitled to the annual increment increase equal to $150.00 dollars. They shall receive a single annual increment thereafter of an additional $50.00 for each subsequent fiscal year up to the maximum of 20 full years of service (not to exceed $1,000 per year).
         C.   An increment increase shall not be paid to an employee until the employee has met the eligibility factors and after his/her services have been rendered to the City.
         D.   Increment increases shall be in addition to any across-the-board, cost-of-living, or percentage salary increases which may be granted in any fiscal year.
         E.   The increment increase shall not replace any other financial rewards or incentives as voted on by Council.
         F.   An eligible employee who is or has been on a leave of absence without pay during a fiscal year shall be paid concurrently with all other eligible City employees a pro rata share for the portion of time for which he/she worked regardless of whether or not the employee has returned to duty at the time the annual increment is paid.
Example: If an employee had 10 years’ service, he would be entitled to an annual increment of $500.00 (10 years x $50.00/year increment), as if he were being paid a salary of $500.00 per year. If that employee did not work (i.e. was in a no pay status) for 6 months in one year, he would not be entitled to a full year’s salary. Therefore, he would only be entitled to one-half of the $500.00 increment, or $250.00 for 6 months he actually worked.
         G.   When an employee with 3 or more years of previous service is re- employed during a fiscal year, the employee is eligible to receive a pro rata payment for the portion of time worked during the fiscal year following reemployment. However, if the employee returns during the same year that he had been paid a pro rata increment increase upon termination, he will only be eligible for the pro rata portion for the part of the year that he was on the payroll subsequent to his reemployment.
      (2)   The annual increment shall be paid on a pro rata basis for the portion of service rendered by the employee during the current year of employment.
         A.   Such service period shall include the tenure value of any and all accrued terminal leave regardless of the method elected for payment of the leave, i.e., lump sum payment or election to remain on the payroll.
         B.   The pro rata portion an employee receives upon separation prior to June 30, shall be based on his total full years of service, and shall be computed based on the months of service rendered in the year in which the employee terminates.
Example: An employee has 19 years and 6 months of qualifying City Service as of June 30 and receives an increment in the gross amount of $950.00, This employee later resigns effective December 31. At the time of his resignation, he is eligible to receive a pro rated increment for the 6 months he worked in the current fiscal year. Although the employee’s totaled eligible City service now equals 20 years, he worked for only 6 months of the current fiscal year and is eligible to receive an increment in the gross amount of $500.00.
•   Total full years of City Service (20) x $50.00 per year = Annual Increment Entitlement ($1000).
•   Annual Increment Entitlement ($1000) divided by 12= Monthly Rate of Entitlement ($83.333).
•   Monthly Rate of Entitlement ($83.333) x Months Worked in the Fiscal Year (6 mos.) = Annual Increment ($500.00)
         C.   Employee entitlement to the annual increment compensation is expressly subject to and contingent on, an annual determination by Council for each fiscal year that adequate and sufficient moneys are available to fund the annual increment compensation policy and appropriates the moneys necessary to pay the annual increment compensation. In the event such determination and appropriation is not made for any year, no entitlement to such annual increment compensation shall vest in any employee or be payable at anytime by the City.
      (3)   The employee is responsible for obtaining verification of qualifying service and such service must be verified from each former employer. The verification shall specify if the service was full-time or a portion thereof.
      (4)   In accordance with the U.S. Department of Labor ruling of August 26, 1985, the increment increase payments shall only be included when computing the determined rate of pay for overtime payment for employees working in excess of 40 hours in any workweek.
      (5)   The increment pay shall be included when determining an employee’s daily rate to be reported to the Bureau of Employment Programs, and the Workers’ Compensation Division.
      (6)   The increment pay shall be included in an employee’s reportable income for Unemployment Compensation benefits.
      (7)   Compensation entitlement shall not be construed to mandate an increase in the salary of any elected City official.
(11-4-97)
 
149.37 PERSONNEL MANAGEMENT INCENTIVE POLICY.
   (a)    Purpose. The purpose of this policy is to ensure uniform adherence to the established procedures for compensating eligible employees of the City of Ripley for a personnel incentive.
 
   (b)    Definitions.
      (1)    "Eligible employee" means any permanent employee of the City of Ripley, including any probationary or provisional employee having prior qualifying service, whose position requires 12 months service per year, and who is eligible to receive the same benefits as other permanent employees, and also including any paid judicial appointees. Employees who work less than full time are not eligible to receive years of service credit for such employment.
      (2)    "Time of service" means full years of total service as an employee of the City of Ripley (1 year equals 12 months).
         A.    Employment of less than full-time shall not be counted when computing full years of service.
         B.    This does not exclude any time during the year that an employee is off the payroll in a no-pay status for unauthorized leave, leave of absence (personal, medical or parental), Workers' Compensation temporary total disability benefits, or suspension.
         C.    When a provisional appointee attains permanent status and the City elects to include such employment in the probationary period, the provisional appointment tenure shall be included in the years of service calculation.
 
   (c)    Policy.
      (1)    Effective the fiscal year beginning July 1, 2001, every eligible employee with six months or more of service may be eligible to receive a personnel incentive in an amount decided upon by the City Council by a resolution. Any person employed full time who is serving a probationary period shall be entitled to one-half the incentive as voted upon by Council.
         A.    A personnel incentive shall not be paid to an employee until the employee has met the eligibility factors and after his/her services have been rendered to the City.
         B.    Personnel incentives shall be in addition to any across-the-board, cost-of-living, or percentage salary increases which may be granted in any fiscal year.
         C.    The personnel incentive shall not replace any other financial rewards or incentives as voted on by the City Council.
         D.    Employee entitlement to the incentive compensation is expressly subject to, and contingent on, an annual determination by the Common Council for each fiscal year that adequate and sufficient moneys are available to fund the personnel incentive compensation policy and that Council appropriates the moneys necessary to pay the personnel incentive compensation. In the event such determination and appropriation is not made for any year, no entitlement to such personnel incentive compensation shall vest in any employee or be payable at any time by the City of Ripley.
      (2)    In accordance with the U.S. Department of Labor ruling of August 26, 1985, the incentive payments shall only be included when computing the determined rate of pay for overtime payment for employees working in excess of 40 hours in any workweek.
      (3)    The incentive pay shall be included when determining an employee's daily rate to be reported to the Bureau of Employment Programs, and the Worker's Compensation Division.
      (4)    The incentive pay shall be included in an employee's reportable income for unemployment compensation benefits.
      (5)    Compensation entitlement shall not be construed to mandate an increase in the salary of any elected City official.
         (12-18-01)
 
149.38 USE OF SAFETY BELTS IN MOTOR VEHICLES OWNED BY THE CITY.
    (a)    The Common Council finds that it is appropriate to establish the policy of the City concerning precautionary safety measures to be used by City employees when operating motor vehicles owned by the City, and;
 
   (b)    The safe operation of City vehicles is of general concern to the Common Council. The Council finds that property damage and personal injury may be eliminated or greatly reduced through the use of safety belts.
 
   (c)    All employees of the City operating or occupying a vehicle owned by the City shall wear safety belts at all times when the vehicle is in operation. Further, any non-employee persons who may be passengers in said vehicles shall also be required to wear safety belts at all times when the vehicle is in operation.
(4-6-04)
 
149.39 SUPPLEMENT PAY POLICY.
   (a)   Purpose. The purpose of this policy is to ensure uniform adherence to the established procedures for compensating eligible employees of the City of Ripley for supplemental pay.
   (b)   Definitions. 
      (1)   “Eligible employee” means any permanent or part time employee of the City of Ripley, performing the duty of hauling solid waste across state lines as part of the City’s Sanitation Program.
   (c)   Policy.
      (1)   Effective February 16, 2023, eligible employees shall receive supplement pay for any trip completed as defined subsection (b)(1), in addition to their regular salary. The amount of such incentive shall be thirty dollars ($30.00).
         A.   A supplement shall not be paid to an employee until the employee has met the eligibility factors and after his/her services have been rendered to the City.
         B.   Supplement pay shall be in addition to any across-the-board, cost-of-living, or percentage salary increases which may be granted in any fiscal year.
         C.   The supplement pay shall not replace any other financial rewards or incentives as voted on by the City Council.
         D.   Employee entitlement to the supplement pay is expressly subject to, and contingent on, determination by the Common Council that adequate and sufficient moneys are available to fund the supplement pay. In the event such determination and appropriation is not made, no entitlement to such supplemental pay shall vest in any employee or be payable at any time by the City of Ripley.
      (2)   The supplement pay shall be included when determining an employee’s daily rate to be reported to the Bureau of Employment Programs, and the Workers’ Compensation Division.
      (3)   The supplement pay shall be included in an employee’s reportable income for unemployment compensation benefits.
      (4)   Compensation entitlement shall not be construed to mandate an increase in the salary of any elected City official.
         (3-21-23.)