(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) of this section, all such compensation, wages and salaries shall be paid on a bi-weekly basis.
(B) Time records. The Village Fiscal Officer shall pay all wages as established in Appendix "A" at the intervals provided in division (A) of this section, upon presentation of proper time records.
(C) Vacation.
(1) Paid vacation time is granted as recognition of services rendered. Vacation will be accrued per pay period at a rate equal to hours entitled for service time. Maximum vacation will be five weeks regardless of number of years employed. All full-time employees of the village shall be entitled to paid vacation time as follows:
(a) Upon hiring (40 hours) at an accrual rate of 1.538462 per pay period;
(b) At the start of the second year (80 hours) at an accrual rate of 3.076923 per pay period;
(c) At the start of the fifth year (120 hours) at an accrual rate of 4.615385 per pay period;
(d) At the start of the tenth year (160 hours) at an accrual rate of 6.153846 per pay period;
(e) At the start of the 20th year (200 hours) at an accrual rate of 7.692308 per pay period.
(2) 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. An employee cannot accrue vacation hours in excess of two times their yearly vacation hours. The employee will lose any hours that exceed this cap. Upon termination, the employee will be paid for any awarded vacation time not yet taken.
(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) New Year's Day;
(b) Martin Luther King, Jr. Day;
(c) President's Day;
(d) Memorial Day;
(e) Juneteenth;
(f) The 4th of July (Independence Day);
(g) Labor Day;
(h) Veterans Day;
(i) Thanksgiving Day;
(j) Day after Thanksgiving;
(k) Christmas Eve;
(l) Christmas Day; and
(m) Three personal holidays.
(2) Personal holidays must be approved in advance by supervising executive authority.
(3) If any such holiday, except a personal holiday, 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) Employees other than police officers will be paid at one and one-half times, in addition to holiday pay, if the nature of the job requires them to be on duty on the holiday.
(5) Police officers will be paid eight hours of holiday pay on the day of the holiday. If a police officer works on the actual holiday, they will be paid at one and one-half times for those hours worked in addition to the holiday pay.
(E) Sick leave.
(1) Full-time employees shall receive ten hours 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 therefore shall be paid as provided herein.
(3) Unused sick leave shall be cumulative up to 1,360 hours. 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 times the number of unused sick hours not to exceed a maximum of 240. 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.
(4) (a) In the event of a catastrophic illness or injury to an employee or an employee's immediate family, (current spouse or child to include step-child) an employee is eligible to receive donated leave, provided the employee has exhausted all paid leave time and has been absent for a period of at least 30 consecutive calendar days and his/her absence is the result of the illness or injury. The Mayor shall determine if an employee qualifies for donated leave based on medical documentation provided to the Mayor by the employee. The maximum amount of leave time an employee is eligible to receive during the course of his/her employment with the village is 520 hours.
(b) Once a determination has been made that an employee qualifies for donated leave, the Mayor shall ask the employee or designee for an OK to notify village employees of the need for donated leave time. Each employee's decision to donate such leave must be free and voluntary.
(5) An employee desiring to donate leave time must complete an authorization agreement identifying the employee to whom the leave is being donated as well as a statement that the individual is forever waiving any right to such leave. Once the agreement is properly completed and received by the village, the donated leave will be credited to the employee's balance. Donated leave may not be used prior to the date the agreement is received by the Mayor. Donated leave will be credited to an employee's balance in the order agreements are received.
(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. If the times required for such court services fall within the employee's normal working hours, they will be excused from working his or her assigned shift. At the discretion of the employee's supervisor, the employee under subpoena may also be excused from working any shift immediately preceding or following the assigned court service. All such court compensation in excess of expenses (i.e., food, travel, and parking) must be turned into the Fiscal Officer. 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 work or 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 a rate of one and one-half times his or her regular rate of pay.
(2) For the purpose of determining whether a person has worked his or her 40 hours in any given week under this section, any pre-approved compensation absence shall be counted in addition to hours actually worked on other days during the calendar week. Pre-approved compensation absence hours may consist of the following: vacation hours, personal hours, compensatory time, holiday hours, and/or sick leave hours.
(3) No work hour credit is given for unapproved or uncompensated time off.
(4) With approval of the supervisor, an employee may elect to take compensatory time off from work in lieu of overtime pay. Such election shall be made in writing at the time the employee time sheet/voucher is presented for the period during which the overtime was worked. Compensatory time may be selected by overtime-eligible employees for any hours above 40 hours for the week. Such compensatory time shall be accumulated on a one and one-half time basis for overtime-eligible employees. Time off shall be granted at a time approved by the supervisor. An employee eligible and entitled to overtime pay for working a holiday may also elect to take compensatory time under this section.
(H) Clothing allowance.
(1) The village provides a clothing allowance for the Police Department and Street/Park Department as defined below. The clothing allowance in full will be issued by check to each employee at the beginning of each calendar year. The employee is responsible for purchasing items for uniform as required per department standards. New full-time and part-time hires will be issued the clothing allowance upon hire. If, within one year of hire, separation or termination takes place, the new hire/employee must reimburse the village for the entire clothing allowance issued.
(2) Items purchased with the clothing allowance may only be used for village work purposes. Federal law requires us to report this clothing allowance as a fringe benefit on the employee's W-2 and is taxable.
(3) Police Department.
(a) The clothing allowances are as follows:
Full-time officer | $1,200 |
Part-time officer | $550 |
Auxiliary officer | No allowance provided |
(b) The clothing allowance is for the purchase of items and for maintenance of existing uniforms required for regulation as follows:
1. 1 regulation winter coat;
2. 1 spring/summer windbreaker;
3. 1 regulation hat;
4. 1 name plate;
5. 1 raincoat;
6. 2 uniform trousers (navy blue/ permanent press);
7. 2 badges (1 numbers breast, 1 hat);
8. 1 Sam Brown belt with 4 keepers;
9. 2 uniform summer shirts (short sleeve/navy/permanent press); and
10. 2 winter shirts (long sleeve/navy blue/permanent press).
11. Equipment accessory items such as holsters, handcuffs w/case, O/C spray w/case, magazine case, Taser holster, ID card w/case, radio holder, ballistic vest, and miscellaneous equipment will be purchased and issued by the department and must be returned upon the officer's separation from the department.
(2) Street and Park 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. The clothing allowance for street and park personnel is as follows:
Full-time employees | $800.00 |
Part-time/seasonal | No allowance provided |
(I) Insurance benefits.
(1) All full-time employees and the Village Solicitor 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. The village shall pay 100% of the premiums for 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.
(2) Dental insurance benefits. All full-time employees and the Village Solicitor shall, upon request, be entitled to participate in a village-sponsored group dental plan, the limits of coverage and premiums for which, shall be negotiated by the village with the insurer. The village shall pay 100% of the premiums for dental 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) Any appointed official or employee who is eligible for health insurance and elects not to participate in the health insurance program may apply for the Opt-Out Payment Program in lieu of the coverage if the appointed official or employee is covered by another plan outside of the current plan being offered by the village. The payment in lieu will be an amount equal to 25% of the applicable village portion of the annual premium of either the single or family coverage available from the village. The opt-out agreement must be executed by the appointed official or employee by November 30 of the calendar year for the following year, or within 30 days of appointment or employment. The Village Solicitor shall not be eligible for this Opt-Out Payment Program.
(4) Part-time employees are not eligible for participation in the group medical and hospitalization plan. Part-time employees' annual weekly average hours are not to exceed 29 hours.
(5) 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.
(J) Mileage reimbursement. Whenever possible, an employee will be assigned a village vehicle for travel to and from meetings, conferences, and any other work-related business. If a village vehicle is not available and an employee is required to use his/her privately owned vehicle that vehicle shall be insured under a policy for liability insurance meeting the requirements of the law. An employee using a personal vehicle will be reimbursed at the current year mileage rate recognized by the Internal Revenue Service. Such payment is considered to be the total reimbursement for all vehicle related expenses (e.g., gas, oil, insurance, depreciation, etc.).
(K) No employee shall be hired or discharged by the village without the prior approval of Council.
(Ord. 2004-24, passed 12-27-2004; Am. Ord. 2007-25, passed 12-17-2007; Am. Ord. 2010-24, passed 12-13-2010; Am. Ord. 2022-1, passed 3- 1-2022; Am. Ord. 2022-12, passed 6-7-2022; Am. Ord. 2022-20, passed 7-19-2022; Am. Ord. 2022-21, passed 8-16-2022; Am. Ord. 2022-22, passed 9-6-2022; Am. Ord. 2022-27, passed 12- 20-2022; Am. Ord. 2022-33, passed 12-30-2022; Am. Ord. 2023-02, passed 4-18-2023; Am. Ord. 2023-11, passed 7-5-2023; Am. Ord. 2023-13, passed 8-1-2023; Am. Ord. 2023-18, passed 10-17-2023; Am. Ord. 2023-23, passed 12-19- 2023)