§ 38.07 SALARIES AND ALLOWANCES FOR APPOINTED OFFICIALS AND EMPLOYEES.
   (A)   Rates. The compensation of the elected officials of the Village of Smithville and compensation of the employees and appointed officials of said village for all duties and services performed on the applicable date provided herein is fixed and established as set forth in Appendix “A” attached to the ordinance codified herein. Unless otherwise provided in Appendix “A”, and subject to the provisions of division (B) below, all such compensation, wages and salaries shall be paid on a bi-weekly basis.
   (B)   Time records. The Village Clerk-Treasurer shall pay all wages as established in Appendix “A” at the intervals provided in division (A) above, upon presentation of pay vouchers and proper time records.
   (C)   Vacation.
      (1)   All full-time employees of the village shall be entitled to paid vacation time as follows:
         (a)   One week upon completion of six months of full-time service;
         (b)   Two weeks per year upon completion of one year of full-time service;
         (c)   Three weeks per year upon completion after ten years of full-time service; and
         (d)   Four weeks per year upon completion of 20 years of full-time service.
      (2)   The VACATION YEAR is defined to be from one anniversary date to another. Vacation time shall be taken during the year for which it is granted, unless Council grants an exception for just cause. If any vacationing employee is called back and required to work by reason of an emergency condition, then, in addition to any vacation pay to which such employee may be entitled, such employee shall be paid for hours actually worked during such vacation at the rate of one and one-half times such employee's regular rate of pay. Upon termination, the employee will be paid for any awarded vacation time not yet taken. No allowance will be made for any time not yet awarded.
   (D)   Holidays.
      (1)   All full-time employees shall be entitled to receive the following holidays off from work with eight hours of pay at their regular wage rate as fixed by Council:
         (a)   First day of January;
         (b)   Memorial Day;
         (c)   Fourth day of July;
         (d)   First Monday in September;
         (e)   Fourth Thursday in November;
         (f)   Twenty-fifth day of December; and
         (g)   Three personal holidays.
      (2)   Personal holidays must be approved in advance by supervising executive authority.
      (3)   If any such holiday, except a personal day, falls on a Saturday, the preceding Friday shall be granted as a holiday. If any holiday falls on a Sunday, the following Monday shall be granted as a holiday.
      (4)   Except as otherwise provided below, if a full-time employee is required by executive authority to work on a recognized holiday, such employee shall receive, in addition to any holiday pay to which he or she may be entitled, additional incentive pay for the time worked at a rate of one and one-half times his or her normal rate of pay. If the employee is required to work on a holiday occurring during a weekend, such employee shall be paid at the rate of two and one-half times his or her normal rate of pay for the time worked on that day and no additional incentive pay shall be paid to such employee if he or she is required to work during the preceding Friday or following Monday.
   (E)   Sick leave.
      (1)   Full-time employees shall receive 1.25 days per month for sick leave. Each part-time employee of this village who regularly works previously scheduled hours or shifts shall be credited with sick leave at the rate of four and six tenths hours with pay for each 80 hours of completed service. Employees may use sick leave upon the approval of the Mayor for absence due to personal illness, pregnancy, injury, exposure to contagious disease which could be communicated to other employees, and to illness, injury or death in the employee's immediate family. Funeral leave is limited to a maximum of five days. When sick leave is used, it shall be deducted from the employee's credit on the basis of one hour for every hour of absence from previously scheduled work.
      (2)   The Mayor shall require an employee to furnish a satisfactory written statement to justify the use of sick leave. No sick leave shall be granted upon or after retirement, but compensation therefor shall be paid as provided herein.
      (3)   Unused sick leave shall be cumulative up to 170 days. Upon termination of employment, any employee with ten or more years of regular full-time service with the village shall receive payment based on the employee's rate of pay at the time of termination for one-fourth of the employee's accrued but unused sick leave up to a maximum accrual of 120 days. Such payment shall be made unless the employee notifies the village in writing to transfer such accumulated sick leave pursuant to R.C. § 124.38.
   (F)   Court leave. The village shall grant full pay when an employee is subpoenaed for any court service or jury duty by the United States, State of Ohio, or a political subdivision of Ohio. The employee is entitled to full salary unless such duty is performed outside normal working hours. All such court compensation in excess of expenses (i.e. food, travel, and parking) must be turned in to the Clerk-Treasurer. Employees who must be absent for court appearances that are personal in nature will be granted vacation leave or leave without pay.
   (G)   Overtime.
      (1)   Forty hours shall be the standard work week for all full-time employees of the village. No employee shall be paid for hours in excess of 40 hours per week unless such overtime has been previously authorized by his or her immediate supervisor. Such supervisors shall be held accountable for the granting of overtime. When an employee is required under such authorization to work more than 40 hours in any calendar week, he or she shall be compensated for such time in excess of 40 hours at the rate of one and one-half times his or her regular rate of pay. For the purposes of determining whether a person has worked 40 hours in any given week under this section, holiday and vacation time, at not more than eight hours per day, shall be counted in addition to hours actually worked on other days during the calendar week. The executive authority may establish procedures for advance authorization of overtime for full-time employees in cases of emergency; however, no part-time or seasonal help shall be scheduled or permitted to perform more than 40 hours of work during any given week under any circumstances without prior approval of the legislative authority.
      (2)   With approval of the supervisor, an employee may elect to take compensatory time off from work in lieu of overtime pay. Compensatory time may be selected by overtime-eligible employees for any hours above 40 hours for the week. Compensatory time may be selected by overtime-exempt employees for any hours above 45 hours for the week. Such compensatory time shall be accumulated on a time and one-half basis for overtime- eligible employees and straight time basis for overtime- exempt employees. Time off shall be granted at a time approved by the supervisor. Compensatory time may be cumulative to 40 hours maximum. Such election shall be made in writing at the time the voucher is presented for the period during which the overtime was worked. An employee eligible and entitled to overtime pay for working a holiday may also elect to take compensatory time under this section.
   (H)   Clothing allowances. The village provides a clothing allowance for the Police Department, Crossing Guard, Street Department, Water and Sewer Department as defined below:
      (1)   Police.
         (a)   “Police personnel” includes a position for School Resource Officer. This position is authorized for hire only if grant money or other funding sources are available to help offset the expense. This position may be eliminated from year to year if outside funding resources are not available.
         (b)   The clothing allowance for the Police Department and Crossing Guard is for soft good apparel items only and does not include accessory equipment items. CLOTHING ITEMS are defined as shirts, pants, coat, shoes and miscellaneous uniform accessories. Equipment accessory items such as duty belts, holsters, hat and miscellaneous equipment will be issued by the department and must be returned upon the officer's separation from the department. The amounts of the allowance are as follows:
            1.   INITIAL CLOTHING ALLOWANCE is defined to be an initial complement of uniforms and equipment to perform their assigned duties. The initial complement of uniforms may consist of items issued by the department chief or purchased for the new officer. Upon separation from the department, the initial complement of uniforms must be turned in to the department and it must be in good working order. The initial complement will not exceed the following:
 
2 uniforms to include shirts and pants
1 winter jacket
1 pair of duty boots
1 each of vest, hat and cover, tie and tac, name tag, duty belt and accessories, ticket book holder, and metal clipboard
 
               The initial complement of uniforms for the Crossing Guard and Auxiliary Officers will be what is appropriate for those positions.
            2.   Annual clothing allowance is for maintenance of existing uniforms. The permitted clothing items are the same as those listed above. This allowance is not available until after one full year of service.
 
Full-time officer $400 maximum
Part-time officer $250 maximum
Crossing guard $100 maximum
Auxiliary officer No allowance provided
 
      (2)   Street, Water and Sewer Departments. These departments are provided with a weekly uniform rental service at village expense. The clothing allowance is for clothing needed for harsh working conditions. The allowance covers such items as coveralls, boots, hats, coats and long underwear. This allowance is available upon employment but can be used only once in a calendar year.
            Full-time employees: $150
         The clothing allowance may be carried over from year to year if not spent. Any unused allowance is forfeited upon separation.
   (I)   Insurance benefits.
      (1)   The village will make available dental insurance coverage for the Mayor and Clerk. All full-time employees shall, upon request, be entitled to participate in a village-sponsored group medical and hospitalization plan, the limits of coverage and premiums for which shall be negotiated by the village with the insurer; and, all full-time employees shall be entitled, upon request, to participate in a village-sponsored group term life insurance program providing coverage in the amount of $20,000.
      (2)   The village shall pay premiums for 80% of health insurance benefits. Participation in the insurance benefits provided in this division (I) shall be further subject to availability of insurance and dependent upon the number of participants.
      (3)   The village shall pay 100% of the dental insurance premiums for the Mayor and Clerk if they participate.
   (J)   Mileage reimbursement. Any employee who is required to use his or her personal vehicle for travel on village business in or beyond the corporate limits of the village, shall be reimbursed for such travel at the rate of $.40 per mile. Requests for such reimbursement shall be in writing, signed by the employee and shall state the date, destination and purpose of such travel. If a village vehicle is available for use in such travel, reimbursement shall only be allowed if the Mayor has approved the use of the employee's personal vehicle for such travel.
   (K)   Approval. No employee shall be hired or discharged by the village without the prior approval of Council.
(Ord. 2004-24, passed 12-27-2004; Ord. 2007-25, passed 12-17-2007; Ord. 2010-24, passed 12-13-2010)