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Worker’s Compensation is provided for the benefit of City employees in two forms; namely, (1) reimbursement of medical expenses and (2) disability allowances.
(a) Reimbursement of medical expenses will generally be made directly to the attending physician or hospital, provided that the injured employee has reported the accident to their supervisor, as soon as is possible, in writing, on the City’s “Employee’s Report of Injury or Accident” form provided by the supervisor.
(b) In the case of an employee being disabled as a result of an on-the-job injury, the injured employee may petition the proper state agency for a disability allowance.
(c) When an employee is unable to work as a result of an on-the-job injury, the City will continue to pay the employee their regular straight-time salary or hourly wage for up to sixty (60) calendar days. This wage continuation will revert to thirty (30) days if the Bureau of Workers’ Compensation established reserves for wage replacement. On-the-job injury leave wage continuation may be extended beyond sixty (60) days at the discretion of the City Manager. There will be no deduction from accumulated sick leave for the period of time during which an employee is receiving wage continuation pursuant to this section. Such wage continuation will not be awarded for any time in which the employee is receiving Workers’ Compensation disability benefits. At the conclusion of the wage continuation period, if the employee is still unable to return to work, the employee has the following options:
(1) Elect to receive disability payments from Workers’ Compensation. The employee would not draw the normal base wage from their accumulated leaves of absence.
(2) Elect to sign over their temporary total disability check to the City of Sidney and receive their normal base wage from their accumulated leaves of absence. The employee may not receive both temporary total disability and draw on their accumulated leaves of absence. When the employee signs over their disability checks to the City, they will be applied proportionately to reimburse the leave balances.
(d) Disability Separation. If an employee, as the result of an on the job injury, is unable to perform the substantial and material duties of their position for a period of twelve (12) consecutive months, the employee shall be placed on disability separation at the end of said twelve (12)-month period and the City may fill the position. Employees on disability separation shall be entitled to sick leave pay as long as they have unused sick leave to their credit.
(e) Reinstatement Rights. An employee given a disability separation shall have the right to reinstatement within two (2) years after having been given a disability separation to a position in the classification the employee held at the time of separation. When such employee is restored to their position, the former incumbent of such position shall be demoted to the next lower rank, and the less senior employee in years of service in the next lower rank shall be demoted, and so on down until the less senior employee in years of service has been reached, who shall be paid off, if necessary.
(f) Request for Reinstatement. Any request for reinstatement following a disability separation must not be later than one (1) year following a disability separation. The request must be in writing.
(g) Medical Examination. The employee requesting reinstatement from a disability separation shall be eligible for reinstatement after a medical examination, conducted by a physician to be designated by the City, or upon the submission of other appropriate medical documentation establishing that the disability illness, injury, or condition no longer exists.
(h) Light Duty. The City may offer temporary light duty to an employee who is receiving Workers’ Compensation, even if the employee has not requested light duty. If the employee refuses the light duty assignment, the City reserves the right to file an application to terminate Workers’ Compensation benefits and stop paying salary continuation.
(Ord. A-2065. Passed 12-12-96; Ord. A-2164. Passed 4-26-99; Ord. A-2282. Passed 12-10-01; Ord. A-2464. Passed 12-12-05; Ord. A-2705. Passed 12-12-11; Ord. A-2778. Passed 12-9-13; Ord. A-3111. Passed 11-28-22.)
(a) Definitions. A grievance is a wrong, real or fancied, considered by an employee as a grounds for complaint, except in the case of personnel action arising out of position classification, pay, demotion, suspension and dismissal. The adjustment of complaints arising therefrom are separately provided for. (Ord. A-1600. Passed 12-22-86.)
(b) Procedure. The employee shall first submit the grievance, in writing, to their immediate supervisor. The immediate supervisor shall make careful inquiry into the facts and circumstances of the complaint, and shall inform the employee, in writing, of the decision and the reasons therefor within seven (7) calendar days after receipt of the employee’s grievance.
If the employee is dissatisfied with the immediate supervisor’s decision, they may obtain a review by the next person in the chain of command, who will respond to the complaint within seven (7) calendar days. If the employee is unsatisfied with the response, this sequence will be followed until the chain of command is completed to the department head. If the chain of command has not settled the complaint to the employee’s satisfaction, the employee may submit the written grievance to the department head, who will respond to the complaint within seven (7) calendar days. If the employee is dissatisfied with the department head’s decision, he may obtain a review by the City Manager by submitting to the Human Resources Manager a request for review within seven (7) calendar days following the receipt of the decision from the department head. The Human Resources Manager shall make such investigation. The Human Resources Manager shall present the investigation results to the City Manager who shall conduct such hearings as the employee deems necessary and within fifteen (15) calendar days after the hearing, shall inform the employee, in writing, of the finding and decision. The decision of the City Manager shall be final.
(Ord. A-2065. Passed 12-23-96; Ord. A-2464. Passed 12-12-05; Ord. A-2778. Passed 12-9-13; Ord. A-2805. Passed 12-8-14; Ord. A-3111. Passed 11-28-22.)
The addition or removal of responsibilities that significantly change job content, assignment of additional personnel for supervision or any other change which is permanent in nature shall be sufficient grounds for considering a reclassification. Any complaints concerning changes in classification or pay shall be requested in the manner described below.
(a) The employee or their department head may, in writing to the Human Resources Manager, formally request a review of the position by June 30 of a given year. The written request shall specify what aspects of the job assignment have changed to warrant a reexamination of the position classification.
(b) The employee and their supervisor will be provided a questionnaire for completion and submittal for evaluation. The questionnaire shall be provided to the employee within ten working days of the report to the Human Resources Manager.
(c) The employee and their supervisor shall submit the completed questionnaire to the Human Resources Manager. If the Human Resources Manager finds the questionnaire to be incomplete, it will be resubmitted to the persons submitting the document.
(d) The Human Resources Manager will meet with the employee and supervisor to review the questionnaire results and view firsthand the physical aspects of the position, if necessary.
(e) The recommendation of the Human Resources Manager will be presented to the employee and the supervisor for their review. Comments from the employee and the supervisor will be forwarded to the Human Resources Manager for consideration. The Human Resources Manager shall submit their findings and recommendations to the City Manager.
(f) The City Manager shall review and inform the subject employee of the complaint and the recommendation.
(g) The City Manager may make a recommendation to the City Council on a reclassification, if the City Manager determines that the matter warrants change. The City Manager shall make this recommendation to City Council in November of a given year, and any changes in position classification shall occur at the beginning of the next calendar year.
(h) Final notification on Council disposition will be provided to the appropriate parties. In the event that the employee remains dissatisfied with the outcome of the appeal, the employee has the option of pursuing the appeal to the Personnel Board of Appeals or the Civil Service Commission (whichever is applicable to the employee). Requests for appeal must be made to the Human Resources Manager, who will make necessary arrangements for a hearing. The Civil Service Commission or Personnel Board of Appeals, following the conduct of the hearing, will make a recommendation to the City Manager. The City Manager’s decision will be final.
(Ord. A-2065. Passed 12-23-96; Ord. A-2113. Passed 12-22-97; Ord. A-2422. Passed 1-24-05; Ord. A-2464. Passed 12-12-05; Ord. A-2805, Passed 12-8-14; Ord. A-3111. Passed 11-28- 22.)
In the event of unsatisfactory employee performance, work habits or personal conduct, the department head shall inform the respective employee promptly and specifically of the undesirable conditions and shall give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary action. In some instances a specific incident may justify severe disciplinary action in and of itself; however, the action to be taken depends upon the seriousness of the incident and the whole pattern of the employee’s past performance and conduct.
(a) Written Reprimand. In situations where an oral warning has not resulted in the expected improvement, or where more severe action is warranted, written reprimand may be sent to the employee by the department head, and a copy shall be placed in the employee’s personal records.
(b) Suspension or Reduction of Vacation Leave Balance for a Period of Four (4) Days or Less. Any FLSA non-exempt employee, except a classified member of the Police Department or Fire Department, may be suspended without pay for a period of four (4) working days or less. In such a case, suspension may be made by the City Manager for reasons of misconduct, negligence, inefficiency, insubordination, disloyalty, unauthorized absence, or other justifiable reasons when alternate personnel actions are not appropriate. Employees shall be furnished an advance written notice at least twenty-four (24) hours before the effective date of the suspension, containing the nature of the proposed action. Alternatively, the employee may be suspended with pay for four (4) working days or less or have vacation leave balance reduced by four (4) working days or less at the City Manager’s discretion.
For FLSA exempt employees, the same disciplinary choices will be available, except that suspensions without pay will be in blocks of one (1) or more weeks, unless the suspension is for a major safety infraction.
(1) If the employee wishes to appeal the suspension or reduction of vacation leave balance, the employee must do so in writing to the Human Resources Manager within twenty-four (24) hours of the receipt of the advance notice. The Human Resources Manager will present the written appeal to the Senior Director and/or City Manager. The City Manager may study the appeal in any manner the City Manager chooses and shall decide on the case. The terms of the suspension or reduction of vacation leave balance shall not become effective until the City Manager determines the appropriate action. In all cases the decision of the City Manager shall be final.
(2) If no appeal is made by the employee, the suspension or reduction of vacation leave balance shall take effect on the date specified.
(3) Notwithstanding any of the provisions set forth above, if in the opinion of the department head or their designated representative (as set forth in departmental rules and regulations), an employee’s condition or actions on the job are endangering the safety of themselves or others, the department head, or their designated representative, shall issue an immediate suspension of the employee for a period not in excess of twenty-four (24) working hours. Before the suspension, the department head or designated representative shall tell the employee the reason the City is considering suspension and give the employee an opportunity, at that time, to be heard. Any immediate suspension shall be subject to an automatic review by the City Manager within seventy-two (72) hours of such action, and the department head shall be responsible to provide written documentation of the conditions and reasons for such action. In the event that further disciplinary action is taken after the immediate suspension, the time involved in the immediate suspension shall be credited toward the further disciplinary action.
(c) Suspension, Demotion or Dismissal of Civil Service Employees. The suspension, demotion or dismissal of employees covered by the civil service laws shall be in accordance with Ohio R.C. 124.34 and other civil service laws, except that the employee shall be entitled to a pre-disciplinary hearing before the City Manager before any disciplinary action is taken.
(d) Suspension in Excess of Four (4) Days, Reduction of Vacation Leave Balance, Demotion, Dismissal of Employees Not Covered by Civil Service. The City Manager may take disciplinary action against any City employee not covered by civil service for the good of the City. Such disciplinary action may be suspension for a period in excess of four (4) working days, suspension with pay for a period in excess of four (4) days, reduction of vacation leave balance for a period in excess of four (4) working days, demotion or dismissal. For FLSA exempt employees, suspension without pay will be in blocks of one (1) or more work weeks unless the suspension is for a major safety infraction. Reasons for such disciplinary action may include, but shall not be limited to:
(1) Failure to meet prescribed standards of work, morality and ethics to an extent that makes an employee unsuitable for any kind of employment in the City service;
(2) Theft or destruction of City property;
(3) Incompetency, inefficiency or negligence in the performance of duty;
(4) Insubordination that constitutes a serious breach of discipline;
(5) Conviction of a criminal offense;
(6) Notoriously disgraceful personal conduct;
(7) Unauthorized absences or abuse of leave privileges;
(8) Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of their duties;
(9) Falsification of records or use of official position for personal advantage; and
(10) Incapacity due to mental or physical disability.
(e) Procedure for Disciplinary Action. The City Manager shall first hold a pre-disciplinary meeting with the employee. If, after such meeting, the City Manager feels that disciplinary action is warranted, the employee shall be furnished an advance written notice containing the nature of the proposed action, the reasons therefor, and the right to answer the charges. This notice shall be furnished at least one (1) calendar week prior to the proposed effective date of the action. After receiving notice, but prior to the proposed effective date of dismissal, the employee may be retained in duty status, placed on leave, or suspended with or without pay at the discretion of the City Manager. If the employee fails to respond to the advance notice, the proposed action of the City Manager shall be effective on the date specified with no need for further action. Otherwise, the City Manager shall carefully consider the written appeal of the employee which must be received by the City Manager within forty-eight (48) hours of the time that the employee received the advance notice. After considering the employee’s appeal, the City Manager shall transmit to the employee, at the earliest possible moment, a letter containing the full decision.
(f) Employee Appeal. If the employee wishes to appeal the decision of the City Manager, the employee shall so transmit in writing their appeal to the Board of Appeals, as provided in Section 6-5
of the City Charter. This appeal must be made within twenty-four (24) hours of the receipt of the letter containing the City Manager’s decision. The employee shall then be given at least five (5) days to prepare their argument before appearing before the Board of Appeals. After the employee’s five (5)-day preparation time, the Board of Appeals shall consider the appeal within ten (10) days and shall submit its recommendation to the City Manager. In all cases, the action taken by the City Manager shall be final.
(Ord. A-1600. Passed 12-22-86; Ord. A-2065. Passed 12-23-96; Ord. A-2282. Passed 12-10-01; Ord. A-2324. Passed 11-25-02; Ord. A-2464. Passed 12-12-05; Ord. A-2778. Passed 12-9-13; Ord. A-3111. Passed 11-28-22.)
Whenever possible, City vehicles shall be used for trips of two hundred fifty (250) miles or less. If a vehicle is not available, approval may be given for use of a private vehicle, in which case reimbursement for mileage will be made in accordance with rules and regulations established by the City Manager. Mileage reimbursement is at the IRS standard rate.
(Ord. A-1600. Passed 12-22-86; Ord. A-2778. Passed 12-9-13.)
Full time employees shall be eligible for a fitness membership. The City Manager shall establish a list of eligible personal fitness memberships and shall annually determine the dollar amount eligible for reimbursement to the employee for the fitness membership.
(Ord. A-2065. Passed 12-23-96; Ord. A-2113. Passed 12-22-97; Ord. A-2192. Passed 12-13-99; Ord. A-2464. Passed 12-12-05; Ord. A-2614. Passed 6-22-09; Ord. A-2778. Passed 12-9-13; Ord. A-2990. Passed 12- 9-19; Ord. A-3111. Passed 11-28-22; Ord. A-3159. Passed 11-27-23.)
(a) Those full-time employees listed in Pay Table I shall be entitled to a fifty thousand dollar ($50,000) life insurance policy, fifty thousand dollar ($50,000) accidental death and dismemberment policy, and a travel-accident policy to cover City-related travel outside the City limits, with a minimum coverage of fifty thousand dollars ($50,000).
(b) The City shall provide for all employees listed in Pay Table I, a group medical-surgical insurance plan, which is available to all regular full-time employees. Dependent children coverage shall be as required by Federal and State laws.
(c) The City shall pay one hundred percent (100%) of the premiums for life insurance and travel-accident insurance. The City shall also pay eighty-seven percent (87%) of the premiums for the basic health insurance plan, which includes major medical coverage.
(d) City employees eligible to receive health insurance, who choose not to receive the City’s health insurance coverage, and are not covered by a spouse or parent also working for the City, will receive an annual cash benefit of five hundred dollars ($500.00) per employee who qualifies for coverage. The annual cash benefit is only available to those employees (1) who have been eligible for and who choose not to receive the City’s health insurance coverage; and (2) who are not covered by a spouse or parent also working for the City, for at least the twelve (12) consecutive months preceding the November 30 cash eligibility date. Re-enrollment would be based on insurance rules and regulations. This benefit will be paid to eligible employees at the same time longevity payments are distributed.
(Ord. A-2065. Passed 12-23-96; Ord. A-2192. Passed 12-13-99; Ord. A-2464. Passed 12-12-05; Ord. A-2614. Passed 6-22-09; Ord. A-2705. Passed 12-12-11; Ord. A-2746. Passed 12-10-12; Ord. A-2778. Passed 12-9-13; Ord. A-3111. Passed 11-28-22.)
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