161.01 DEFINITIONS.
(a) As used within this chapter the following definitions shall apply to each term as stated hereinafter.
(1) "Active service" means being present for the performance of the duties to which an official or employee of the City has been assigned.
(2) "Adjusted anniversary date" means a date in time (calculated only) adjusted to reflect credit a full-time employee has in previous full-time employment with the City, specifically for use in computing service credit and vacation calculations.
(3) "Anniversary date" means the beginning date with City service or date of most recent re-hire, or recall from lay off status. This date shall remain constant and shall not be affected by subsequent appointments. As provided for by these definitions, Adate of rank" or Atime in service" shall not be construed to mean Aanniversary date".
(4) "Appointing authority" means the elected or appointed official, commission, board or body having the power of appointment to, or removal from positions in any office, commission, department or board.
(5) "Appointment" means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in such position.
(6) "Appointment date" means, in case of promotion, demotion or reduction of rank, position, or classification, voluntary or involuntary, the date upon which an employee is permanently assigned to his or her current position shall be date of last appointment, from which all in grade seniority is computed.
(7) "Bargaining unit" means any labor or bona fide organization in which public employees participate and which exists for the purpose, in whole or in part, for dealing with the public employer concerning grievances, labor disputes, wages, hours, terms and other conditions of employment.
(8) "Calendar day" means a twenty-four hour clock period beginning at 12:00 a.m. and ending at 12:00 p.m. (2400 hours) for any day in a calendar week.
(9) "Calendar month" means from the first day to and including the last day, of any one of the twelve months.
(10) "Calendar week" means seven consecutive calendar days.
(11) "Calendar year" means from January 1st of the calendar year stated to the following December 31st, and the period inclusive thereof.
(12) “City” means the City of Whitehall, Ohio.
(Ord. 104-93. Passed 12-21-93.)
(13) “City officials” means the elected or appointed holders of the office of Auditor, City Attorney, Clerk of Council, Director of Parks and Recreation, Director of Public Safety, Director of Public Service, Director of Human Resources, Director of Development, Mayor, members of City Council, President of Council and Treasurer.
(Ord. 076-2011. Passed 12-20-11.)
(14) "Civil service" includes all offices and positions of trust or employment in the service of the state and the counties, cities, city health districts, general health districts, and city school districts thereof.
(15) "Civil Service Commission" means the body established by Section 57 of the Charter of the City of Whitehall.
(16) "Class" means a position, or group of positions, having similar duties and responsibilities, requiring similar qualifications which can be properly designated by the same descriptive title and to which the same scale of compensation can be made to apply with equity.
(17) "Classification" means the same as Aclass".
(18) "Classification change" means a change in an employee's classification in the job classification plan.
(19) "Classified service" means competitive classified civil service of the City of Whitehall, Ohio.
(20) "Collectively bargained contract" means the resultant produce of a bilateral negotiation between the exclusive representative of the employee, as defined by Ohio R.C. 4117.01(E) and as authorized by Ohio R.C. 4117.05, where the exclusive bargaining representative acting on behalf of members of the bargaining unit, and authorized persons representing the City achieve a bilateral express contract regarding matters of wages, hours, work rules, benefits and payment for services rendered.
(21) "Continuous service" means holding a full-time position, and performing full-time employment, with the City of Whitehall, Ohio, subject, however, to the provision that absence due to military leave of thirty days or less in any calendar year shall be considered continuous service.
A. Absence while receiving sick leave pay or injury pay from the City of Whitehall or the Police and Firemen's Disability and Pension Fund, Public Employees Retirement System, Workers' Compensation or any absence because of sickness or injury commenced with authorized sick or injury leave pay does not constitute a discontinuance of service.
B. Further, certain additional absences shall constitute discontinuance of service for which sick leave and vacation time will not be accrued; time off duty due to suspension, leave of absence without pay, unexcused absence or layoff due to lack of work or funds shall also be deducted in computing service credit.
C. Resignations to immediately accept another position in the City service shall not be considered as an interruption of service.
D. No sick leave or vacation time shall accrue for the following absences:
1. Time off duty by reason of suspension or other disciplinary related actions;
2. Leave of absence with or without pay;
3. Layoff by reason of lack of work or lack of funds;
4. Called to active duty of the Armed Forces.
E. No service credit shall accrue for the reasons set forth within subsections (a)(21)D.1. through 4. hereof.
(22) "Court time" means those hours an employee is required to spend in court pursuant to a valid subpoena for processing criminal and civil actions as a representative of the City.
(23) “Date of appointment” means the calendar date as a certain point in time.
(Ord. 104-93. Passed 12-21-93.)
(24) “Department head” means the Auditor, Chief Building Inspector, City Attorney, City Treasurer, Director of Parks and Recreation, Director of Public Safety, Director of Public Service, President of Council, Director of Human Resources, Director of Development and no others.
(Ord. 076-2011. Passed 12-20-11.)
(25) "Division chief" means the Chief of Fire and Chief of Police who report to the Director of Public Safety; the Chief Mechanic and Street Superintendent who report to the Director of Public Service.
(26) "Duty day" means a day that the employee is regularly scheduled to begin his or her work, and continue until completed, but shall not be synonymous with a calendar day.
(27) "Employee" means any person holding a position subject to appointment, removal, promotion or reduction by an appointing authority.
(28) "Exclusive representative" means the same as defined by Ohio R.C. 4117.01(E) to act in employment relations matters as defined by Ohio R.C. 4117.04.
(29) "Exempt employees" means persons who have been elected or appointed to an office and who are tasked with executive management responsibilities and duties or professional capacity, either as the department head, division chief, or a deputy who assumes the position from time to time, and who are not members of a labor bargaining unit.
(30) "Flexible hours employee" means an employee who may work more or less than eight hours on any given day so long as he works forty hours in the same week.
(31) "Fringe benefit" means expenditure for goods and services furnished to municipal officers or employees by the City, including, but not limited to, such benefits as food, temporary house, and clothing, and the provision of pension, retirement, disability, hospitalization, health care, insurance, or other benefits to employees requiring the advance payment of money other than directly to employees or other beneficiaries, or the deposit or reservation of money for such purpose.
(32) "Full-time employee" means a person who is the holder of a full-time employment position with the City of Whitehall.
(33) "Full-time employment" means performance of duties for the City of Whitehall on a regularly scheduled basis for a period of at least eight hours per day, five days per calendar week, or at least ten hours per day and four days per week. This definition also includes Fire Department personnel who work a regularly scheduled fifty-three hour workweek, averaging as a fifty-six hour workweek schedule consisting of alternating twenty-four continuous duty hours followed by forty-eight hours off, and flexible hours employees, as defined in subsection (a)(30) hereof.
(34) "Immediate family" means spouse, mother, mother-in-law, father, father-in-law, son, daughter, step-son, step-daughter, step-mother, step-father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren of the employee.
(35) "Just cause" means a fair and honest cause or reason, regulated by good faith, and founded upon material and relevant fact.
(36) “Major life activity” includes the bodily functions of hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, the ability of learning or working. (Ord. 104-93. Passed 12-21-93.)
(37) “Nonexempt employees” means persons who are below the rank of Police Deputy Chief or Assistant Fire Chief of the safety forces, or who are otherwise not included in the definition of “exempt employees”, and do not have discretion to schedule their own activities.
(Ord. 025-2015. Passed 5-19-15.)
(38) "Overtime" means the time during which an employee is on duty in excess of eight hours in any calendar day for a regularly scheduled forty hour week employee, or in excess of forty hours in any calendar week, except for those employees working the platoon system in the Division of Fire who work a predetermined schedule in accordance with the prevailing collectively bargained contract, and except for those sworn police officers in the Division of Police who are members of the bargaining unit thereof, in which event it shall include the time an employee is on duty, working for the City of Whitehall, in excess of eight hours in any calendar day or forty hours in any calendar week. Overtime applies only to that time authorized to be worked by an appointing authority in accordance with the provisions of this chapter.
(39) "Paid status" includes hours of actual work, court time, as well as all hours of approved paid leave, including holiday, vacation, injury, military, jury duty or sick leave.
(40) "Part-time employee" means any person performing duties for the City of Whitehall on an hourly paid basis in the nonclassified service and working less than forty hours per week. APart-time employees" are not eligible for paid holidays, sick leave, vacation hours accrued, pension pickup or other fringe benefits which are now or may later be made available to full-time employees.
(41) "Part-time employment" means a position with the City of Whitehall for performance of duties consisting of less than forty hours per calendar week.
(42) "Pay classification" means the schedule of compensation contained within an individual collectively bargained contract, or an equivalent schedule within a salary ordinance for nonbargaining unit employees, that defines the rate of pay for a position.
(43) "Pay plan" means a schedule of compensation rates established for all classes of positions in the City service.
(44) "Pay range" means the minimum and maximum pay rates, together with the intermediate rates, if any, established for a class.
(45) "Pay step" means each of the regular pay rates in the pay range, as defined by the elapse of time required for full-time service as stated by the designation of entry point onward for the defined rates.
(46) "Position" means any specific office, employment or job calling for the performance of certain duties, either full-time or part-time, and for the exercise of certain responsibilities by one individual. A position may be either occupied or vacant.
(47) "Resignation" means the voluntary termination of employment by an employee.
(48) "Seasonal employee" means performance of duties for the City of Whitehall for a specific period of time, not to exceed 110 days or 600 hours, whichever occurs first, in any calendar year, and at an hourly rate. Seasonal employees are deemed to be part-time, by reason of duration of assignment, although they may be scheduled for up to forty hours per week.
(49) "Sick leave" means a period of paid absence from a position with the City by reason of illness of the employee or a member of the employee's immediate family. For all purposes stated within this section, sick leave may only be used in increments of not less than two hours per occasion, unless approved otherwise, in advance, by the department head or the appointing authority.
(50) "Single rate basis" means a position not assigned a pay range number as set forth in the basic pay plan.
(51) "State service" includes all such offices and positions in the service of the State, the counties, and general health districts thereof, except the cities, city health districts, and city school districts.
(52) "Supervisor" includes all sworn personnel who hold the rank of Sergeant or above in the Division of Police, the rank of Lieutenant and above in the Fire Department, the position of Crew Chief, Street Superintendent and Chief Building Inspector in the Service Department.
(53) "Temporary employment" means employment on a temporary basis as replacement of a full-time employee for a period of time not to exceed ninety days in any calendar year (including training time, if any), not to exceed the starting compensation rate for that position as set forth within the prevailing salary ordinance or as provided for within the collectively bargained contract if the temporary employee is to be assigned to a recognized bargaining unit. Such employees shall not be entitled to medical, vision, dental fringe benefits, vacation pay or other benefits which are now or may later be provided to full-time employees.
(54) "Time in service" means time which an employee is on duty in the City service from the date of his most recent appointment excluding any time off due to suspension, leave of absence without pay, or any other provision as set forth under the definition of continuous service, up to the present time.
As provided for by these definitions, Adate of rank" or Atime in service" shall not be construed to mean Aanniversary date".
(55) "Transfer" means a reassignment of an employee from a position in one division and/or department to another position in the same equivalent class in another division and/or department with the same rate of pay and benefits.
(56) "Unclassified service" means a position with the City that is not in the classified service of the City, and not under the jurisdiction of the Civil Service Commission. (See definitions for Aclassified service" - whereby unclassified service for the City shall be as defined by Section 58 of the Charter, Divisions (1) through (16) thereof.)
(57) "Undue burden" means that an accommodation would be unduly costly extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the division, department, or governmental function.
(58) "Upgrading" means raising all of the positions in a class by amending the salary ordinance to provide a higher pay range for the class.
(59) "Vacation year" means a year based on the employee's anniversary date with the City and extends from anniversary date to anniversary date.
(60) "Weekend" means the first and second consecutive days of unscheduled work in a work week.
(61) "Work period" means, in the Division of Fire, a period of twenty-one consecutive days of working one twenty-four hour day and having two twenty-four hour days off of a total of seven work days for each of three platoons.
(62) "Work schedule" means:
A. In all departments and divisions, except fifty-three hour per week firefighters who are assigned to the Fire Division, a regularly scheduled work week of forty clock hours devoted to the tasks assigned, divided into four or five day per calendar week segments.
B. In the Division of Fire, fifty-six hours per week average for the twenty-one day work period.
(63) "Work week" means:
A. In all departments and divisions, except fifty-three hour per week firefighters who are assigned to the Fire Division, a period of calendar days in succession to complete the work assignment in a forty hour block, followed by regularly scheduled days off.
B. In the Division of Fire, by the bargaining agreement, fifty-three hours per week average for the twenty-one day work period.
(b) In the event a term or phrase used within this chapter, or the Codified Ordinances of this City, is not defined by this section, then in that case, the definition shall be obtained by convening of the Interpretation Committee as authorized by Section 161.22. In obtaining a definition, the following priorities shall apply:
(1) A statutory definition as provided for by the Ohio Revised Code; or
(2) A definition having been supplied by Ohio case law upon the individual topic; or
(3) A definition having been supplied by federal case law upon the individual topic; or
(4) The common usage of the term or phrase in the ordinary and nontechnical application by reference to legal dictionaries, general language dictionaries or topic texts upon the specialized subject.
(Ord. 104-93. Passed 12-21-93.)