Editor’s note:
Provisions relating to regular compensation are not codified. Copies of the latest relevant legislation may be found in Appendix I following Title Ten of this Administration Code or may be obtained, at cost, from the Clerk of Council.
The city enters into agreements from time to time with representatives of various classes of municipal employees, which agreements provide for compensation, benefits and other incidents of employment. The provisions of this chapter, therefore, apply only to those employees and to those benefits and other incidents of employment not otherwise provided for in such agreements. Copies of the latest relevant legislation and of such agreements may be found in Appendix II following Title Ten of this Administration Code or may be obtained, at cost, from the Clerk of Council.
Reference should also be made to Ordinance 1995-18, passed January 30, 1995, which provided for pay ranges for employees and memoranda of understanding between representatives of the city and of sergeants, lieutenants and dispatchers in the Police Department and employees of the Pollution Control Department, the Service Department, the Building Department, the Engineering Department and Administration. These memoranda summarize revisions to existing terms and conditions of employment for such employees for the period January 1, 1995, through December 31, 1997.
Council executes memoranda of understanding with certain employees and classes of employees from time to time by ordinance, which memoranda of understanding constitute the complete employment contract between the city and such employees or classes of employees. Copies of the latest relevant legislation and memoranda may be obtained, at cost, from the Clerk of Council.
This chapter was repealed in its entirety and re-enacted by Ordinance 1998-25, passed May 18, 1998.
Section
260.01 Application of chapter
260.02 Types of employees
260.03 Exempt and non-exempt employees
260.035 Classified and unclassified employees
260.04 Compensation
260.05 Overtime compensation; call-out pay
260.055 Overtime on-call pay
260.06 Vacations
260.07 Holidays
260.08 Sick leave
260.09 Funeral leave
260.10 Longevity pay
260.11 Travel allowance
260.115 Use of city vehicles
260.12 Group hospitalization and other insurance
260.13 Protective gear, uniform and other allowances
260.14 Re-employment rights
260.15 Immunizations
260.16 National Guard and Reserve duty (Repealed)
260.165 Service in the uniformed services
260.17 Jury duty
260.18 Education and tuition reimbursement
260.19 Pension; salary reduction; pick-up plan
260.20 Bonds and indemnification
260.21 Performance-based bonus system
260.22 Use of city computers
260.23 Use of city-issued cellular telephones
260.24 Use of city-issued credit cards (Repealed)
260.25 Additional fringe benefits and public purpose expenditures
260.26 Drug and alcohol testing policy
260.99 Penalty
CROSS REFERENCES
Authority of Council, see Charter Art. IV, § 8
Dereliction of duty, see § 606.19
Improper compensation, see § 606.18
Interfering with civil rights, see § 606.20
Qualification of, see Charter Art. VIII, § 2
Welfare, see Ohio Const., Art. II, § 34
Workers’ Compensation, see Ohio Const., Art. II, § 35; R.C. Ch. 4123
For the purposes of this chapter, there are three distinct types of employees, defined as follows:
(a) Full-time employees. FULL-TIME EMPLOYMENT STATUS is defined as employees who are scheduled in an active pay status for not less than 2,080 hours annually or regularly scheduled for 40 hours per week. For the purpose of this provision, ACTIVE PAY STATUS is defined as conditions under which an employee is eligible to receive pay, and included, but is not limited to, vacation leave, sick leave, bereavement leave, administrative leave, compensatory time, holidays and personal leave.
(b) Part-time employment.
(1) PART-TIME EMPLOYMENT STATUS is defined as employees who are in an active pay status and not regularly scheduled for more than 56 hours per pay period. Employment in a position that does not normally require a person to work more than 28 hours per week. Employees in these positions are not allowed to work more than 1,456 hours in a year, meaning they shall work only 28 hours per week.
(2) Part-time employees must not work more than 28 hours in a calendar week without permission of the Mayor or the Mayor’s designee and no part-time employee can work more than 1,456 hours in a year. If this is a rehired city employee, the employee’s total hours in a 12-month rolling year back and forward, cannot exceed 1,456 hours. Part-time to seasonal change of status is permissible providing the 12-month rolling back or forward does not exceed 1,456 hours.
(c) Other types of employees.
(1) Temporary employees. Are defined as individuals appointed by the Mayor without regard to the provisions of R.C. §§ 124.01 through 124.64 to address an immediate or limited service need within the city. Except as otherwise provided in R.C. § 124.30(A), the temporary appointment may not continue longer than 120 days. Where a position is vacant for a temporary period by reason of sickness, disability or other approved leave of absence of a regular employee, a temporary appointment may be made for a period longer than 120 days and may continue during the period of sickness, disability or other approved leave of absence..
(2) Seasonal employment.
A. Employment in a position of a seasonal nature, the duration of which does not exceed 26 consecutive weeks. Employees in these positions are not allowed to work more than 1,456 hours in a year including overtime. Seasonal employees can work up to 40 hours per week. Any overtime must have prior approval from the Department Director.
B. Seasonal employees must not exceed 26 weeks and no seasonal employee can work more than 1,456 hours in a year. Upon the completion of their seasonal employment, such employee shall have their employment with the city terminated.
Before being allowed to be rehired by any city department in either a seasonal or part-time position, a former seasonal employee must have a break in service from city employment that is either (a) if the employee worked for 26 consecutive weeks, then the break in service must be greater than or equal to 26 consecutive weeks or (b) if the employee worked for less than 26 consecutive weeks, then the employee may be rehired if the employee’s break in service was at least four consecutive weeks; and the employee’s break in service is longer than the employee’s immediately preceding period of employment with the city.
(Ord. 1998-25, passed 5-18-1998; Ord. 1999-64, passed 4-19-1999; Ord. 2012-46, passed 2-21-2012; Ord. 2012-61, passed 3-5-2012; Ord. 2014-37, passed 4-7-2014; Ord. 2014-87, passed 5-5-2014; Ord. 2015-148, passed 7-6-2015)
For the purposes of this chapter, all employees shall be defined and/or classified as either exempt or non-exempt pursuant to the Fair Labor Standards Act. Final determination of such status will be made by the Director of Human Resources for all employees in the unclassified and/or classified services.
(Ord. 1998-25, passed 5-18-1998)
(a) The unclassified service of the city shall comprise the following positions, which shall not be included in the classified service:
(1) All officers elected by popular vote, or persons appointed to fill vacancies in such offices;
(2) The members of all boards and commissions;
(3) Heads of departments appointed by the Mayor of the city, including:
A. Director of Finance;
B. Director of Law;
C. City Engineer;
D. Director of City Services;
E. Police Chief;
F. Fire Chief;
G. Director of Planning and Community Development;
H. Chief Building Official;
I. Director of Water Reclamation;
J. Director of Recreation;
K. Grantwood Park Manager;
L. Public Works Commissioner;
M. Director of Human Resources;
N. Director of Senior Services;
O. Director of Solon Center for the Arts;
P. Director of Information Technology; and
Q. Clerk of Council.
(4) Any person employed by the City Council;
(5) Clerk of Mayor Court;
(6) Mayor’s Secretary;
(7) Assistant heads of departments;
(8) Secretaries to heads of departments;
(9) Assistants to the Director of Law and the Director of Finance;
(10) Deputies and assistants of elective or principal executive officers authorized to act for and in the place of their principals or holding a fiduciary relation to their principals;
(11) Professional staff and other employees who possess such specialized skills or training that testing for requisite merited fitness would be impracticable, as determined by the Civil Service Commission, including but not limited to:
A. Manager Second Shift;
B. Manager of Fleet Maintenance;
C. Manager of City Sewers and Drainage;
D. Manager of Information Technology;
E. Manager Administration;
F. Manager of Streets and Landscape;
G. Manager of Solid Waste;
H. Manager of Monitoring Division;
I. Manager of Maintenance;
J. Manager of Operations;
K. Supervisor of Accounting;
L. Construction Project Administrator;
M. Economic Development Manager;
N. Planner II;
O. Docket Clerk;
P. Assistant to the Clerk of Council;
Q. Animal Warden;
R. Assistant Supervisor Recreation Department;
S. Golf Pro;
T. Supervisor Recreation Programs;
U. Grounds Supervisor of Golf Course;
V. Contract Compliance Officer;
W. Systems Records Manager;
X. Deputy Tax Auditor;
Y. Administrative Coordinator;
Z. Facility Manager;
AA. Golf Course Manager;
BB. Clerk of Council.
(12) In addition to the employees listed above, up to four clerical and administrative support employees for each of the principal appointive executive officers, boards, or commissions of the city authorized to appoint the same, except the Civil Service Commission of the city;
(13) Employees appointed to administrative staff positions for which the appointing authority is given specific statutory authority to set compensation;
(14) Such students in normal schools, colleges, and universities of the State of Ohio who are employed by the city in student or intern classifications;
(15) Such unskilled labor positions as the Civil Service Commission may find it impracticable to include in the competitive classified service; provided such exemptions shall be by order of the Commission, duly entered on the record of the Commission with the reasons for each such exemption;
(16) Employees who receive temporary or intermittent appointments, per R.C. § 124.30 or city ordinance or City Civil Service Rule;
(17) Seasonal employees;
(18) Auxiliary Police Officers;
(19) Auxiliary Firefighters;
(20) Part-time employees;
(21) Persons who lose their classified status due to a conviction of a felony within the meaning of R.C. § 124.34;
(22) Other positions designated as unclassified by ordinance or charter provision or other law.
(b) Omission of any unclassified position or person from the foregoing specific list(s) of unclassifieds shall not be construed as an intention to render that person or position classified.
(c) There mere failure of an employee’s appointing authority to file a statement with the Commission indicating that the employee is in the unclassified civil service, or the mere late filing of such a statement, does not prevent the employee from being in the unclassified service.
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