147.01 Definitions.
147.02 Vacation pay.
147.03 Sick leave pay.
147.04 Injury leave.
147.05 Travel and mileage allowance.
147.06 Overtime pay.
147.07 Compensatory time.
147.08 Health insurance.
147.09 Rest periods.
147.10 Use of City vehicles.
147.11 Personal leave.
147.12 Funeral leave.
147.13 Jury duty.
147.14 Holiday pay.
147.15 Newly hired employees.
147.16 Education, licenses and renewals.
147.17 Residency requirement. (Repealed)
147.18 Non-salary fringe benefits.
147.19 Discipline/grievance procedures.
147.20 Uniform allowance.
147.21 Department heads.
147.22 Collective bargaining agreements.
147.23 Benefits payable upon death.
147.24 Commercial drivers license alcohol and drug testing policy.
147.25 Sexual harassment.
147.26 Longevity.
CROSS REFERENCES
Welfare - see Ohio Const., Art. II, Sec. 34
Workmen's compensation - see Ohio Const., Art. II, Sec. 35; Ohio R.C. Ch. 4123
Wages and hours on public works - see Ohio Const., Art. II, Sec. 37; Ohio R.C. Ch. 4115
Deductions for dues and savings - see Ohio R.C. 9.41, 9.43
Deductions for municipal income tax - see Ohio R.C. 9.42
Public Employees Retirement System - see Ohio R.C. Ch. 145
Expenses for attendance at conference or convention - see Ohio R.C. 733.79
Application to police and fire personnel - see Ohio R.C. 737.051, 737.10, 737.11
Strikes by public employees - see Ohio R.C. Ch. 4117
As used in this chapter, the terms hereinafter set forth shall have the following meaning:
(a)
"Part-time employee" means an employee employed to work 30 hours or less per week and whose average work week is 30 hours or less per week.
(b) "Full-time employee" means an employee employed to work in excess of 30 hours per week.
(Ord. 2014-07. Passed 8-18-14.)
(Ord. 2014-07. Passed 8-18-14.)
(c) "Temporary employee" means an employee employed for a specific period of time not exceeding six months.
(d) "Week" means five work days.
(e) "Employee" means any person employed by the City other than individuals who are members of a collective bargaining unit.
(f) "City" means City of Wauseon, Ohio.
(g) "Work day" means the period of time each day the employee normally performs his job duties.
(h) “Department head” means the following: Police Chief, Fire Chief, Finance Director, Director of Public Service or Code Administrator.
(i) “Seasonal Recreational Employee” means an employee employed to assist in the operation of a seasonal amusement and/or recreational establishment owned and operated by the City for which the primary responsibilities of such employee do not exceed seven months.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
(a) Upon each full time employee's anniversary of employment with the City, the employee shall earn and be entitled to paid vacation in accordance with the following schedule:
Length of Service | Days |
After one year | Average number of days worked per week in the preceding year not to exceed one week |
After two years | Two times the average number of days worked per week in the preceding year not to exceed two weeks |
After eight years | Three times the average number of days worked per week in the preceding year not to exceed three weeks |
After fifteen years | Four times the average number of days worked per week in the preceding year not to exceed four weeks |
After twenty-five years | Five times the average number of days worked per week in the preceding year not to exceed five weeks. |
(Ord. 2001-6. Passed 2-19-01.) |
(b) Vacation for full time employees shall be based on the regular scheduled work week of the full time employee not to exceed a forty hour week.
(c) A full time employee who retires, resigns or is terminated shall be entitled to receive:
(1) The value of any unused vacation time based on his rate of pay upon separation for the current year;
(2) The value of accumulated vacation time based on his rate of pay upon separation based on the schedule set forth in subsection (a) herein, which the employee would have received but for the discontinuance of employment, prorated as to that portion of year of service actually employed.
(d) Unless otherwise approved by the department head, vacation time:
(1) Shall be applied for at least two weeks prior to the date vacation is requested; (Res. 1997-58. Passed 12-29-97.)
(e) Vacation time for full-time employees, other than department heads, shall not be carried over from one year to another and shall be considered forfeited without the express written authorization of the department head. All vacation time, unless otherwise authorized, shall be computed based upon the employee's anniversary date and shall be used between the successive anniversary dates. No employee may request or carry over more than four weeks of vacation time from one year to the next. All requests for the accrual of vacation time into a subsequent year shall be made in the following manner:
(1) The request shall be in writing.
(2) The request shall be addressed to the department head.
(3) The request shall be submitted at least thirty days in advance of the employee's anniversary date.
(4) The request shall state the reasons why the vacation time was not used during the appropriate time period or any other information thought to be necessary by the employee.
(Res. 1997-58. Passed 12-29-97; Ord. 2010-7. Passed 7-6-10.)
(f) A full-time employee eligible for three weeks or more vacation time shall have the option of receiving all vacation days beyond two weeks as pay in lieu of the vacation. Requests for compensation in lieu of vacation time shall be made in writing and delivered to the employee’s department head at least thirty days prior to the employees anniversary date.
(Ord. 1999-10. Passed 7-19-99.)
(g) “Length of service” for purposes of determining vacation time shall include prior full time service with any other political subdivision of the State of Ohio.
(h) Holidays shall not be considered as vacation days.
(i) Temporary, part-time and seasonal recreational employees shall not be entitled to vacation pay.
(Res. 1997-58. Passed 12-29-97.)
All full time employees of the City shall be granted sick leave with pay as follows:
(a) Non-occupational illness or injury leave shall be defined as an absence with or without pay necessitated by:
(1) Illness or injury to the employee;
(2) Exposure by the employee to contagious disease communicable to other employees;
(3) Serious illness, injury or death in the employee's immediate family; or
(4) Other leave under subsection (b) hereof.
(b) An employee is eligible for a leave of absence for one of the following reasons:
(1) Birth and care or placement for adoption or foster in your home of a son or daughter.
(2) Care for an immediate family member who has a serious health condition.
(3) The employee has a serious health condition, including a disability due to pregnancy, which renders the employee unable to perform the functions of the employee's job.
(c) If an employee needs a leave for conditions occurring under subsection (b)(1), the employee will be granted up to twelve weeks within twelve months of the birth or placement of the child provided the employee has been in the employ of the City for at least twelve months and have worked at least 1250 hours during the last twelve months.
(d) If an employee needs a leave under subsections (b)(2) or (b)(3) above, unless waived by the department head, the employee must provide timely certification that a serious health condition exists by having the Health Care Provider certify that fact, in writing, on the form provided.
(e) Intermittent leave under subsection (b)(1) above will only be available with the approval of the City. Intermittent leave under subsections (b)(2) or (b)(3) will be made available if foreseeable based on a planned medical schedule; however, an employee may be required to transfer to another position, with equal pay and benefits, which more easily accommodates the schedule.
(f) During an absence under this section, an employee must exhaust all paid leave available to them in the following order:
(1) Sick leave;
(2) Paid personal leave;
(3) Vacation;
(4) All other.
thereafter, sick leave under this section is unpaid.
(g) Upon return from leave, an employee will be returned to the employee's former position or one with equivalent pay and benefits.
(h) An employee must give thirty days advance notice of the need for Family Leave or, if thirty days is not possible, as soon thereafter as notice can be given.
(i) During leave under this section, Group Health insurance benefits will be continued for the length of the leave, not to exceed the provisions of Section 147.08, under the same conditions as if an employee continued to work. Provided, however, if an employee does not return at the end of the leave, depending on the reason, the employee may be required to reimburse the City for its insurance premium cost.
(j) The City has a form available entitled CERTIFICATION OF SERIOUS HEALTH CONDITION BY A HEALTH CARE PROVIDER for purposes of obtaining a leave hereunder and complying with the Family Leave Act.
(k) The City may have a doctor of its own choosing review all requests for leave due to illness or injury and to request both additional medical verification and possible examination of the employee by a doctor selected and paid for by the City, including an examination to establish that the employee is not disabled from the performance of their normal duties and that return to duty will not jeopardize the health of other employees. In the alternative, the City may upon receipt of the report from the doctor, require that the employee perform other services for the City, not part of the employees normal duties but are duties which the employee is medically capable of performing, regardless of the department in which the duties are to be performed.
(l) The total duration of leave under this section is twelve weeks. After that time has elapsed, the City will decide what course of action will be taken. Also, so that the City can be properly advised of the employee’s medical status, medical leave periods will be granted for only thirty calendar days at a time. Once a leave has been granted and the employee is physically unable to return to work on or before the expiration of the leave, the employee must request, and may be granted, an extension of upon thirty calendar days by providing medical certification as required originally. This must be provided no later than the expiration date of the leave. Additional extensions may be requested and granted in the same manner subject to limitations provided above.
(m) An employee is expected to notify the City in advance of the employee's expected date of return. An employee is also expected to obtain a statement from the employee's physician stating that the employee is physically able to resume work.
(n) Each employee shall earn, for each completed eighty hours of service, paid sick leave of four and six tenths hours. Service shall include all hours compensated by the City excluding sick pay; overtime premium shall not be included as compensated time. Employees may use sick leave, upon approval of the responsible administrative officer of the employing unit, as provided herein.
(o) An employee who is to be absent because of illness or injury shall notify his department head of such absence and the reason therefor at least as soon as practicable before the beginning of their work shift.
(p) Sick leave pay may be used in segments of not less than one (1) hour.
(Res. 1997-58. Passed 12-29-97.)
(q) When the use of sick leave is due to illness or injury in the immediate family, "immediate family" shall be defined to only include the employee's spouse, children, step children or parents.
(Ord. 2004-6. Passed 5-17-04.)
(r) An employee who transfers from this department to another department of the Employer shall be allowed to transfer his accumulated sick leave pay to the new department.
(s) Any employee of the Employer who has accumulated sick leave pay earned from being employed by the State of Ohio or any other political subdivision of the State of Ohio and who has become employed by the Employer within ten years from his termination from such other public employer shall be allowed to transfer said accumulation to his sick leave pay accumulation with the Employer, providing that such sick leave pay accumulation shall be limited to the existing maximum accruable amount in effect at the time of transfer in this chapter.
(Ord. 2006-22. Passed 12-18-06.)
(t) Upon the retirement of a full-time employee who has not less than ten years of continuous service with the Employer, such employee shall be entitled to receive a cash payment equal to his daily rate of pay at the time of retirement less longevity pay, multiplied by thirty-five percent (35%) of the total number of accumulated but unused paid sick days earned by the employee as certified by the Finance Director, providing that such resulting number of days to be paid shall not exceed sixty days. (Ord. 2012-10. Passed 12-17-12.)
(u) No eligible employee shall be entitled to sick leave benefits of any kind should their status as a full time employee of the City cease for any reason.
(v) An eligible employee shall not be considered on sick leave on a Saturday, Sunday or holidays unless regularly assigned to duty on those days.
(w) Upon written request of an eligible employee, the City may pay the difference between the amount received from the Worker's Compensation Fund of Ohio for any period of disability and the regular pay of such employee and charge the same to any accumulated sick leave to which the employee is then entitled.
(x) Any employee who attempts to obtain sick leave compensation for reasons not set forth within this provision shall be subject to immediate disciplinary action including dismissal. Any employee disciplined pursuant to this section shall have the right to appeal said disciplinary action to the Civil Service Commission.
(y) Temporary, part-time, and seasonal recreational employees shall not be entitled to sick leave.
(z) If an employee does not take unscheduled sick time between January 1 and June 30, the employee shall receive one (1) bonus day with pay. If an employee does not take unscheduled sick time between July 1 and December 31, the employee shall receive one (1) bonus day with pay. If an employee does not take unscheduled sick time for the entire calendar year beginning January 1 of each year, the employee shall receive three (3) bonus days with pay.
(Ord. 2006-22. Passed 12-18-06.)
(Ord. 2006-22. Passed 12-18-06.)
(a) Any full time employee who is absent due to disability incurred on duty in his capacity of an employee may be allowed injury leave with or without pay additional to sick leave as follows:
(1) The initial leave must be approved by the Mayor;
(2) The initial leave shall not exceed sixty days;
(3) The rate of compensation to be paid (if any) shall be within the discretion of the Mayor but shall not exceed the average rate of compensation received by the employee over the previous sixty work days.
(b) Injury leave shall not be extended beyond sixty days unless all terms are approved by Council upon recommendation of the Mayor.
(c) Injury leave shall not extend for a period of time exceeding two hundred-forty calendar days.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
(a) City employees and other City officials shall when reasonably practicable use City vehicles for travel necessitated by their position with the City. To the extent that a City employee or official uses a non-City owned vehicle in the conduct of City business, the City employee or official shall be entitled to reimbursement at the standard mileage rate established by the United States Internal Revenue Service per mile for the use of said vehicle. Claims for mileage shall bear the approval of the department head and be presented in writing to the Director of Finance for approval of payment. (Ord. 2017-13. Passed 12-18-17.)
(b) Travel Expenses. City employees and officials shall be entitled to reimbursement for expenses necessitated by the conduct of official business of the City. Said expenses shall include the cost of lodging, meals, and other expenses necessitated by the travel, excluding gratuities. No reimbursement shall be allowed for the purchase of alcoholic beverages. Requests for reimbursement for travel expenses shall bear the approval of the department head and shall be presented in writing to the Director of Finance for approval.
(Res. 1997-58. Passed 12-29-97.)
(c) The City may provide credit cards for use by City employees and officials in the conduct of City business. The Mayor shall establish a Credit Card Policy which shall govern the terms of distribution and use of such cards.
(Ord. 2018-3. Passed 2-19-18.)
(a) Every employee, excluding salaried employees and summer recreational employees, shall be paid overtime compensation at the rate of one and one-half times the employee’s regular pay for each hour compensated over forty hours per week. Sick leave hours used shall be considered as hours worked in determining hours compensated for overtime compensation.
(b) Any employee who is not scheduled to work on a Sunday or Holiday (as defined in Section 147.14
) and who is called out due to unusual or emergency situation, shall be compensated at two times the employee’s regular pay regardless of the number of hours worked during the week.
(c) Nothing herein shall be construed as entitling any individual to work a sufficient number of hours to obtain overtime pay. No employee shall be entitled to work overtime unless it is authorized by the department head prior to the time of work, other than in cases of an emergency. When an emergency arises wherein overtime work is necessitated, overtime may be worked without the authorization of the department head. The determination of whether or not an emergency exists shall be made by the department head based upon past practices of the department in similar situations.
(d) When an emergency is declared by the Mayor, any department head who shall be required to work in excess of forty-five hours per week shall be entitled to be compensated as follows:
(1) At a rate equivalent to their hourly rate based on a forty hour week, or
(2) Compensatory time for any work in excess of forty-five hours per week.
(e) Work performed and compensated pursuant to subsection (a) and (b) herein above shall be compensated at the employee’s election either at:
(1) For work performed under subsection (a) at the rate of one and one-half times the employee’s regular hourly rate for all overtime or,
(2) For work performed pursuant to subsection (b) at a rate of two times the employee’s regular hourly rate or,
(3) Compensatory time computed at the rates set forth in (e)(1) or (2) as applicable to be taken in the future as approved by the department head.
(f) It is the intention of this legislation that any time options or other compensation provided for in this legislation be consistent with the Fair Labor Standards Act as it may from time to time be amended.
(Ord. 2001-6. Passed 2-19-01.)
(Ord. 2001-6. Passed 2-19-01.)
(a) Compensatory time shall be allowed for any employee as set forth in Section 147.06
. Compensatory time may be used by an employee provided that notice to use compensatory time is communicated to the department head at least one days prior to its use for each day requested and the department head determines that the use of the compensatory time will not interfere with the proper functioning of his department, subject to the additional requirements set forth in subsection (b).
(b) Compensatory time may not be used in increments of less than one hour unless approved by the department head and the Mayor. Unless otherwise approved by the department head and the Mayor, compensatory time shall be used only:
(1) Immediately after the beginning of the work day; or
(2) Immediately preceding or following lunch; or
(3) Immediately before the end of the work day.
(c) An employee may request compensation for accumulated compensatory time at any time. If an employee has accumulated more than one hundred sixty hours of compensatory time, he shall be compensated at the appropriate rate of pay for all hours in excess of one hundred sixty hours.
(d) At the election of the employee, accumulated compensatory time may be redeemed in a lump sum payment up to the amount of compensatory time which the employee has accumulated. Such compensatory time payment shall be at the current rate of pay of the employee. Requests for compensatory time payment shall be approved by the department head prior to submission to the Finance Director. Payment of the compensatory time shall take place within thirty days after approval by the department head.
(e) Temporary, part-time and seasonal recreational employees shall not be entitled to compensatory time and shall be required to take overtime pay in lieu thereof.
(Ord. 2006-22. Passed 12-18-06.)
(a) The City will maintain and pay the necessary premiums for the present medical insurance contract through December 31, 2015.
(b) Upon the expiration of the present medical insurance contract on December 31, 2015, the City will make available to employees two medical insurance plan options: (1) a PPO plan; and (2) a high deductible health plan ("HDHP"). Employees who select the HDHP plan shall receive an annual contribution from the City to the employee's Health Savings Account in the amount of $1,000 for individual plans, and $2,000 for all other plans.
(Ord. 2015-20. Passed 12-21-15.)
(Ord. 2015-20. Passed 12-21-15.)
(c) The applicable health insurance premium will be paid by the City only as follows:
(1) For the three months following the month in which an employee is laid off.
(2) For the six months following the month in which the employee begins an approved sick leave.
(3) For the six months following the month in which the employee begins a compensated Worker’s Compensation leave; further, if the leave is due to an injury sustained in responding to a call or assisting at the scene of a crime, for one year following the month in which the leave begins or until the employee is covered by the Police and Fire disability plan, whichever comes first, provided that City Council may extend the coverage for an employee injured in the line of duty.
(Ord. 2012-11. Passed 12-17-12.)
(Ord. 2012-11. Passed 12-17-12.)
(d) Employees who select the PPO plan shall pay ten percent (10%) of the monthly health insurance premiums for the level of coverage chosen by the employee. The City is authorized to withhold this amount as the employee's pre-tax contribution to the payment of health insurance premiums.
(Ord. 2015-20. Passed 12-21-15.)
(Ord. 2015-20. Passed 12-21-15.)
(e) Employees shall have the right to decline medical health insurance offered by the City. The employees are entitled to decline coverage as follows:
(1) Decline coverage for medical;
(2) Decline medical coverage for spouse;
(3) Decline medical coverage for children.
In the event an employee wishes to decline coverage as set forth hereinabove, the employee shall notify the City Finance Director in writing of that decision on forms to be provided by the City Finance Director.
(f) Employees acknowledge the ability to decline various insurance coverage as set forth in this provision may only occur pursuant to the terms and conditions of the then existing medical insurance policy contracted for by the City.
(g) The City may from time to time make application with various health insurance companies. Employees will cooperate in the application process.
(Ord. 2012-11. Passed 12-17-12.)
(h) Health insurance under this section shall be provided to all full-time employees and the Mayor.
(Ord. 2017-2. Passed 3-20-17.)
(i) The City shall maintain life insurance in the amount of twenty-five thousand dollars on each employee. (Ord. 2012-11. Passed 12-17-12.)
Two reasonable rest periods of fifteen minutes or less duration shall be counted as work time. Bona fide meal periods shall not be considered as work time, but meal periods where the employee is required to be on duty shall be considered as work time.
(Res. 1997-58. Passed 12-29-97.)
(a) The Mayor, with the approval of a majority of Council may from time to time designate certain supervisory, administrative or other employees as "essential employees" of the City.
(b) When an individual is designated as an "essential employee" as set forth herein, the City will require that the employee be "on call" for a bona fide noncompensatory or compensatory business reason.
(c) The City may provide such individual with a City owned vehicle for purposes of commuting to and from work from their place of residence.
(d) Any "essential employee" who is provided with a City owned vehicle shall not use the vehicle for personal purposes other than for commuting to and from work or for nominal personal purposes (such as a stop on the way home for a personal errand).
(Res. 1997-58. Passed 12-29-97.)
(e) The City designates that the employee shall be considered as receiving additional compensation in the amount of one dollar and fifty cents ($1.50) for each one way commute for purposes of computing the value of this fringe benefit.
(Ord. 2002-4. Passed 4-15-02.)
(Ord. 2002-4. Passed 4-15-02.)
(a) After six months of employment with the City, all full time employees shall, in addition to all other leave benefits, be granted three personal leave days each year. Year as used herein shall mean a period from January 1 to December 31.
(Ord. 2003-20. Passed 12-17-03.)
(b) Personal days shall only be taken with advance approval of the department head.
(c) Personal days may not be accumulated nor carried over from one calendar year to another.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
A full time employee shall be granted time off with pay (not to be deducted from employee's sick leave) for the purpose of attending the funeral of a member of the employee's immediate family. The employee shall be entitled to three work days for each death in his immediate family. "Immediate family" means spouse, parents, step-parents, siblings, son, daughter, step child, father-in-law, mother-in-law, son-in-law, daughter-in-law or grandchildren. The employee is entitled to one work day for the death of grandparents. Additional funeral leave may be granted at the discretion of the department head with such additional days being deducted from the employee's sick leave days.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
(a) Full time employees shall be paid at their regular rate of pay for the following holidays:
New Year's Eve Day
New Year's Day
Good Friday
Memorial Day
July Fourth, Independence Day
Labor Day
Thanksgiving Day
Day following Thanksgiving
Christmas Eve Day
Christmas Day
(Ord. 2003-20. Passed 12-17-03.)
(b) When a holiday falls on Saturday or Sunday, the closest weekday will be observed as the holiday.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
(a) All full time employees of the City shall be hired on a six month probationary basis. Prior to their employment, the City shall require any individual to obtain a physical. The City may designate the physician to conduct the physical.
(b) Prior to the date the physical is to be conducted, the City shall cause a copy of the job description for the position the individual is seeking to be given to the physician conducting the physical so he may determine whether or not the individual is physically capable of fulfilling the job requirements of the position. A copy of such job description shall also be made available to the applicant.
(c) Within the first six months of employment, any individual hired by the City may be terminated with or without cause.
(d) All full time employees shall be hired in compliance with the rules of the Civil Service Commission of the City of Wauseon.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
Whenever a full time employee is required or otherwise authorized to obtain a special license granted by the state, federal or local government or administrative agency, and where said requirement necessitates the attendance of classes in order to obtain that license, payment for the costs of attending classes shall be borne as follows:
(a) The City shall bear the costs of all expenses involving schooling and obtaining a license and the cost of any examinations relating thereto for the person seeking the license for a first time;
(b) In the event an individual fails to pass a course or fails the examination, the employee shall bear the costs of said course or examination. In the event the employee passes the course and examination on the second attempt, the City will reimburse the employee for the costs of the course and the costs of the examination;
(c) In the event the employee fails the course and/or examination a second time, the employee shall be solely responsible for the costs of any additional course work and/or examination relating thereto regardless of whether he is successful or unsuccessful in passing the course and/or the examination;
(d) The City shall pay the costs for the renewal of all licenses either authorized by resolution or required as part of the job description of any employee.
(e) Reimbursement for graduate, college or university class work shall be as follows:
(1) All course work must be pre-approved by the Department head.
(2) Payment for prior school year including summer courses will be made with the first pay period in October;
(3) Payment will be made based upon the number of approved hours to a maximum of sixteen semester hours of twenty quarter hours;
(4) An employee will be reimbursed for the hours taken and passed with at least a grade of C or receive a pass in a pass/fail course provided an official transcript and a pass fee slip are delivered to the Finance Director on or before September 30. Failure to provide an official transcript and a paid fee slip will result in no reimbursement to the employee;
(5) The amount of reimbursement may not exceed the actual amount expended by the employee for said course work. Reimbursement shall be for tuition costs and a maximum of fifty dollars ($50.00) per course per employee for fees and/or books. All other fees are the responsibility of the employee;
(6) The City shall set aside the total sum of nine thousand dollars ($9,000) per calendar year for reimbursement. In the event those funds are insufficient to provide full reimbursement to all employees, the monies shall be prorated among the qualifying employees;
(7) Any balance in the college reimbursement fund shall be returned to the general fund at the end of the year.
(Res. 1997-58. Passed 12-29-97.)
The City may provide to its employees from time to time non-salary fringe benefits including but not limited to summer picnics, Christmas parties, retirement parties, plaques and awards for recognition of service. These benefits shall be administered by the Mayor subject to the approval of Council and shall be purely discretionary as the Mayor and Council may deem appropriate.
(Res. 1997-58. Passed 12-29-97.)
(Res. 1997-58. Passed 12-29-97.)
(a) The City may take any of the following disciplinary actions: verbal reprimand, written reprimand, suspension with pay, suspension without pay, or termination of employment. All disciplinary action shall be for just cause including, but not limited to, the following:
(1) Failing to comply with safety procedures or guidelines.
(2) Failing to follow established procedures.
(3) Insubordination.
(4) Failing to follow orders or directives from a supervisor, department head or the Mayor.
(5) Abuse, misuse, or appropriation of City property.
(6) Misfeasance, malfeasance or nonfeasance of employee's job duties.
(7) Inappropriate or discriminatory actions or conversation to fellow employees or the public.
(8) Theft.
(9) Failing a mandated drug or alcohol test.
(b) Every employee shall have the right to present his grievance as set forth hereinafter provided the disciplinary action taken or grievance is not subject to appeal to the Civil Service Commission.
(1) Grievance is defined as a dispute or controversy over disciplinary action taken by a superior.
(2) A day shall be defined as a calendar day, excluding Saturdays, Sundays and holidays.
(c) The following procedures shall apply to grievances:
(1) All grievances shall be in writing and include the following:
A. Name and position of grievant.
B. Nature of disciplinary action taken.
C. Reasons for objection to said action.
(2) A copy of the grievances shall be given to the following persons within three (3) days after the disciplinary action is announced.
A. The party who authorized the disciplinary action;
B. The Mayor.
(3) The Mayor may do any of the following:
A. Grant the grievant's request and suspend the disciplinary action taken;
B. Modify the disciplinary action taken;
C. Uphold the disciplinary action taken;
D. Hold a hearing regarding the matter after which the Mayor may or may not take any of the actions set forth in paragraphs A., B., or C., above.
E. The Mayor's decision shall be in writing and delivered to the grievant.
(4) If the grievant is unsatisfied with the decision of the Mayor, he may request a hearing before the personnel committee of Council. The request must be in writing and filed with the Clerk of the Council within five days after receipt of the Mayor's decision.
(5) The request for hearing shall include all items listed in subsection (c)(1) and include a copy of the Mayor's decision.
(6) The personnel committee shall meet and may take any of the following actions:
A. Grant the grievant's request and suspend the disciplinary action taken;
B. Modify the disciplinary action taken;
C. Uphold the disciplinary action taken;
D. Hold a hearing regarding the matter after which the committee may or may not take any of the actions set forth in paragraphs A., B., or C., above.
E. The Council's decision shall be in writing and delivered to the grievant.
(7) The decision of the personnel committee shall be final and binding except for any employee who has a right to appeal to the Civil Service Commission.
(Res. 1997-58. Passed 12-29-97.)
The City shall provide uniforms for the employees within the Department of Public Service, including replacements, provided replacements are necessitated by reasonable and proper use of said uniforms not to exceed four hundred dollars ($400.00) per year.
(Ord. 2013-14. Passed 12-16-13.)
Wherever in this chapter an employee is required to make requests to or receive permission from a department head, should the employee requesting or receiving such information be a department head, then the request or receipt shall be made to or received from the Mayor.
(Res. 1997-58. Passed 12-29-97.)
In the event of the death of an employee, the Finance Director shall upon requests of the personal representative of the deceased employee’s estate paid to the personal representative on behalf of the estate, the benefits which the employee accrued. For purposes of this section, the value of the employees benefits will be determined as if the employee had retired.
(Res. 1997-58. Passed 12-29-97.)
Loading...