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1972-084A OrdinanceORDINANCE NO. 1972-84A OFFERED BY: Councilmen Bartelstone and Sansonetti, and Mayor Hartlaub ESTABLISHING A UNIFORM POLICY FOR FULL-TIME EMPLOYEES OF THE CITY OF FAiRLAWN AS IT RELATES TO VACATION LEAVE, HOLIDAY LEAVE, COMPENSATORY TIME, SICK LEAVE AND DISCIPLINARY ACTION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, State of Ohio: Summit County, Section 1: That the following rules snd regulations providing for the establis?=~ent of a uniform policy governing vacation leave, holiday leave, compensa- tory time, sick leave, disability pay and disciplinary sction, be and the same is hereby adopted for flull-time employees of the City of Fairlawn. Section 2: That the provisions of said uniform policy shall be as follows: I. Vacations A. Policy: It shall be the policy of the City of Fairlawn to provide annual vacation leave for all full-time employees. B. Eligibility Requirements: Full-time employees, working a scheduled forty hours or more per week, shall earn and be credited with annual vacation leave according to their number of years of service as follows: a. Less than I year service b. I year service but less than 7 years of service c. 7 years §ervice but less than 14 years~ of service d. 14 years of service but less than 20 years of service - Non& - 2 weeks - 3 weeks - 4 weeks (1) Part-time employees are not entitled to vacation. (2) Annual vacation leave shall be taken at such time ~s the department head directs and is subject to his administrative discretion. All vacation leave must be requested and authorized on a form designated by the department head. C. Leave Computation and Record: A calendar vacation week shall be considered as the smount of time the employees is scheduled to work during ~ seven day period. Two c~lendar vacation weeks (for a forty hour week), shall consist of ten working days. Any leave of absence in a non-pay status of thirty days or more shall be deducted when computing eligibility for vacation leave due on the basis of twenty-one years of service. D. Split Vacations: Vacations m~y be taken at one time within the regular vacation period, or if the vacation is to be split, it may be done at a time which is mutually acceptable to the Department Head. E. Accumulation: Vacations are not cumulative ~nd will not be post-poned until the following anniversary year unless there have been exceptional circumstances which caused the post- ponement. In such cases, a request for holdover shall be m~d~ b~ l~.tt~ ~ ~p~v~d b~ the Dep~rtm~nt He~do All yeaP, 1972-84A Page 1 F. ~eparation from Service: Upon separation from service, an employee shall be entitled to compensation for the prorated portion of any earned but unused vacation leave to his credit at the time of separation. This does not apply to those employees who have less than one year of service. G. Method of Computation: Computation of accumulated vacation for eligible employees leaving the service shall be made on the following basis: a. 5/6 of I day for each month of service under b, Section B. b. One and 1/4 day for each month under c, Section B. c. One and 2/~ day for each month tuuder d, Section B. H. Vacation Pay in Case of Death: In case of death of an employee, the approved extended and current vacation leave e~rned, shall be paid on a prorated basis to date of death in accordance with Chapter I, Section G of the Ordinance, to survivors of the deceased. I. Planning of Vacation: Vacations must be planned as far in advance as possible so as not to interfere with the efficient operation of the department. In the scheduling of vacations, the senior employees with the greatest length of service shall be given preference in the selection of their vacation periods. Vacation schedules will be submitted to the Department Head in writing by the first day of May. If schedule is not in before May l, the Department Head will schedule. J. Record of Vacation Leave: A record will be maintained for each employee showing days earned, days used, and balance available for vacation leave. K. Anniversary Date: "Aunivers~ry Date" is defined ss the date an employee began full-time service and the same date in following years. It is not affected by the type of appointment, whether temporary, provisional, certified or unclassified. Service shall be computed from the anniversary date. If an employee is off the payroll for a significant period of time (e.g. on leave of absence) the following anniversary d~te sh~ll be deferred by an equivelant amount of time. If an employee resigns and is later reinstated, or re-employed, the date of reinstatement or re-employment, will constitute a new anniversary date. II. HOLIDAY LEAVE A. Policy: The following holidays will be observed by full-time regular employees who are paid on an hourly rate or monthly basis. Le~l Holida.vs January 1 February 22 May 30 July 4 First Monday in September Thurdsday as designated December 25 New Year' s Day Wa shington' s Birthday Memorial Day Independence Day Labor Day Thanksgiving Christmas B. Eligib~ity for Holiday Leave: Any full-time employee of the City of Fairlawn working a regularly scheduled 40 hour week shall be compensated one extra day's pay, or compensatory time given for the above Holidays during each calendar year regardless of the day of the week on which the holiday falls, provided they are regular employees with at least six months full time service immediately prior to the month when such holiday occurs. 0. U~ilization of Noltday Leave~ Holiday leave shall be granted to employees as outlined below: Page 2 a. Employees shall not be required to work on days declared Holidays by this Ordinance, unless failure to work on such holidays would impair the public service. b. When an employee' s scheduled tour of duty is Monday thru Friday inclusive, compensatory time shall be granted for a holiday which occurs on a Saturday or Sunday either on the preceeding Friday or the succeeding Monday, at the discretion · ' of the Department Head. D. Whenever a legal holiday falls during the vacation period of an employee, an extra day shall be credited to the employee's vacation allowance. Iii. COMPENS]~TORY TIME A. General: When employees are required by their responsible administrative superiors to work in excess of the standard 40 hour week in any calendar week or on days declared to be holidays, they may be granted compensatory time. In order to clarify and establish a uniform policy for the granting of compensatory time, in lieu of pay, the following policy is hereby established. B. Eligibility: a. As a general rule, employees occupying classified positions on a per annum basis may be granted compensatory time in lieu of overtime pay, when required to work in excess of the standard 40 hour week by their administrative superiors, with the exceptions noted in the following paragraph. b. Persons who are in executive and professional categories have, by the nature of the positions they occupy, assumed ·duties and responsibilities as a continuing condition of employment which cannot be circumscribed by a no~mal hourly schedule. Such personnel shall not be considered eligible for overtime pay or compensatory' time when time spent out- side. of normal working ~hours might be considered as necessary to the successful accomplishment of their duties. C. Any police officer called out for overtime duty or court time shall receive a minS.m~ of three hours for such overtime period. D. Granting and Limitation of Compensatory Time: Compensatory shall be administered under the time, in liey of overtime pay, following rules: a. The employee must have requested that he be granted compensator~' tSme for approved overtSme work perfo~raed. The request shall be made a matter of record and approved BT' the Department Head. b. The superior who authorized the overtime may determine when the employee may take the compensatory time. However, compensatory time must be granted within the Calendar year of the overtime accumulation. c. Compensatory time may be taken at the same time as vacation with the approval of the administrative superior but never at a~y ~im.e .sh~ll th~ combi~.ned ~.esve exceed four calendar :l. et, t,: e t, he e :p .o: ee eep r t, ed on retirement. Page IV. SiCK LEAVE _ A. Policy: It shall be the policy of the City of Fairiawn to provide sick leave with pay for its employees. B. Eligibility: Each full-time employee after six months consecutive service shall be entitled to one and 1/4 d~y with pay for each completed month of service. Maximum accumulative time allowed will be 120 days tota~l. C. Utilization: Au employee absent on sick leave shall be required to notify his immediate supervisor of his insbility to report for work as soon after the start of the work day as possible. If such notification is not made, the absence may be charged, upon the recommendation of the dep~rtment head~ ~o leave without pay. Au absence of more than 24 hours will require the written excuse of a physi~an to permit sick pay. a. Sick leave shall be charged in minimum units of one qmarter day. Au employee shall be charged for sick leave only for days upon which he would otherwise have been scheduled to work. b. Sick leave shall be granted to employees only upon approval of the department head for the following reasons: (Immediate family shall defined as husband or wife and legal dependent children, mother and father of employee, or spouse.) (1) Illness or injury of the employee or an emergency of his imumediate family. (2) If a member of the immediate family is afflicted with a contagious disease and requires the care and attendance of the employee, or when through exposure to a contagious disease, the presence of the employee at his job would jeopardize the health of other employees. A home does not necessarily have to be quarantined by health author- ities before sick leave may be granted to an employee who is caring for a member of the family afflicted with a contagious disease. A written statement by a physician must be supplied to the Department Head certifying the nature of the absence of the employee. D. Death in Family: All full-time employees shall be given three full days off with pay upon proper notification to the~.depart- ment head of a death of any member of his immediate family living in his household, or in the event of the death of his father, mother, brother, sister, children. If the deceased was his father-in-law, mother-in-law, or grandparent, he shall be granted 2 full days with pay. E. Disability: Any police officer of the City of Fairlawn who may be injured or disabled in line of duty shall receive 100% of his base pay during the continuance of his disability for a period not to exceed one year or until such employee is granted or adjudged to be permanently or totally disabled under the terms of the Police and Firemen's Disability and Pension Fund of the State of Ohio, whichever may occur first. At the conclusion of one year of wage or salary continuance, or adjudgement as a permanent total disability, such employee shall be entitled to ~ny accumulated sick leave then standing to his credit. All other full-time City employees shall be covered by the Workman' s Compensation laws of the State of Ohio. Page 4. Any employee receiving the above set forth disability pay from the City of Fairlawn, shall accept as an offset to such disability pay~ ~o~fe~ure to the City of Feirlawn of any disability pay monies to which he may be entitled for weekly inde~mity from the Workmen's Compensation Fund of the State of Ohio. Said s~ of compensation remitted to the City of Fairla~n not to exceed the amount of payment as received from the City of Fairlawn during the period of disability. Also, each employee shall executs an assignment of disability pay benefits to the City of Fairlaw~_~ due e~ch employee from the insurance and hospitalization provided by ~he City of Fairla~n~. F. Retirement: Upon retirement, each employee shall be compensated for any unused sick leave time accumulated to date of retiremen~ at the rate of one half his base rate of pay at retirement. V. DEDUCTIONS FOR LEAVE k~ITHOUT PAY _ . A. General: The authorization of leave without pay is a matter of administrative discretion. This section outlines the ~ policy and conditions under with leave without pay may be authorized. B. Policy: Deductions for authorized leave without pay sh~ll be made on the basis of the time actually lost from the regular scheduled work week of an employee. If an employee is granted leave of absence without pay for one d~y, eight hours only will be deducted from his pay. Deductions for unauthorized lesve of absence will be handled on the s~me basis. Deductions in excess of time actually lost from work may be handled by suspension for disciplinary reasons. VI. DISCIPLINARY ACTION A. General: a. The tenure of every employee in the service of the City of Fairlawn shall be during good behavior and efficient service~ but any officer or employee may be remov'ed for Lv~oral conduct, insubordination, discourteous treatment of the public, neglect of duty~ or inefficient performance of duty or failure to meet ~he standards for continued employment as set by the City. b. .Since disciplinary action has the implication of pe.n. alties~ supervisors and employees must be fully aware of when, how to..' whom~ and why the disciplinary action should be taken. Prompt and equitable action must be taken, however, when necessitated by an employee' s breach of good conduct or his failure to comply with existing rules and regulations. All proceedings hereunder shall be in conformity with Ohio State Statutes or the Charter of the City whichever is applicable. B. Policy: a. Effective immediately, it shall be the duty of all Departmen~ Supervisors to m~intain good discipline by competent executive leadership at all levels. Also, to provide established rules of procedure for dealing with infractions against rules of good conduct and department rules and regulations on the part of employees when disciplinary action is required. b. Supervisors at all levels aye responsible for maintaining di~0ip~In0 by ~r0vldlng tho 10~.~ctor~h.ip ~nd a so that employees will willingly comply with established policies, procedure, rules and regulations within commonly accepted standards of personnel conduct. c. Supervisors at all levels, with the assistance of the co~nittees established by Council shall conduct an inquiry into any incident, act, infraction of rules, etc., whenever it is necessary to maintain good discipline and shall also record all pertinent information. d. Employees shall be informed as to the nature of the~speclfic circumstances surrounding an alleged offense prior to ~he administration of disciplinary action. C. Definitions: a. Discioline: is that state of control over employee, order- liness and conformance to established practice which is accomplished through the proper exercise of the responsibility and authority of supervisors over subordinate employees. b. Disciplinary Action: An adverse action taken by managemen~ against an employee as a corrective measure and as a penalty for committing an offense of delinquency and/or misconduct. c. Types of Action: (1) Admonishment: An informal act, usually ora!~ in ~ ~ ~he employee is reproved for some infraction of proper conduct~ re~lation~ rules~ otc ~ involving ' '~ ~' minor degree of seriousness, or is warned, verbally by his supervisor~ against repetition of such infraction. The least severe form of disciplinary' action, an admonish- ment, will not usually result in further action by Supervisi.on · (2) .ReprD~and: A formal memorandum, or letter, to the employee concerned which contalns: (1) A complete description of the offense as to time, place and circumstances: and (2) A statement of official censure. A reprimand shall be made a part of the personnel record of the employee. (3) Suspension: A temporary absence from duty, in a non- ~ay status, 5reposed for disciplinary' reasons. (4) Removal for cause:_ The separation from service of an employee for cause, involving a serious offense of delinquency and/or raisconduct. d. Lawful Order: Direction by a supervisor to an employee to perform such tasks and duties' as may be required in the performance of the employee's function. D. Disciplinary Procedures: Subject to Ohio State Statutes or the Charter of the City of Fsirlawn. ~ a. Disciplinary action shall be taken as promptly as possible after an offense is cormitteed, based on a fair and impsrtial consideration of all the facts. The procedures for admonish- ment, repr~raand, suspension, and removal are outlined below. b. Reprimand: The reprimand consists of a formal letter, or memorandum, to the employee which includes: (1) A complete description of the offense as to t~e, place, and circumstances. (2) A statement of official censure. Each reprimand shall be made a part of the employee's persormel record. The employee shall be given an opportunity to present his side of the case ~nd a wr. itte~ record of the facts shall be fi~ed ~0ng wi~h ~he ~eprLm~nd should tha ~ployee so desire. Page 6 The reprimand shall be issued by the employee's immediate supervisor with the concurrence of the department head indicated by a signature. c. .Suspension snd Apoeal: No employee shall be suspended '['rom duty without pay except upon a written order by his super- visor and the appropriate conm~ittee established by Council. The maximum period for suspension is thirty (~0) days. Successive suspension are not allowable and cause for dismissal. In all cases, an employee retains title to the office or position~ unless an order of removal is filed to be effective in,mediately following suspension. Lu employee has 72 hours from notification of suspension to request a hearing by the responsible committee or commission to appeal his suspension. (1) Each recommendation for suspension submitted by a supervisor shall be supported by a record al all pertinent facts and submitted to appropriate con~ittee established by council. (2) The appropirate committee established by com~cil giving full and fair consideration to all facts, make a fo'~ai decision and take one or ~he other of the following actions: (a) If suspension is not ordered, the supervisor shall be notified in writing and ~ copy of the memorandmu filed in the employee' s · folder. (b) If suspension is ordered the appropriate committee established by Council furnish the Mayor a letter giving the employee's name, classification, length of suspension, and effective date with a statement that the suspension is for reasons of discipline. (c) A suspended employee has the right of appeal as specified above but shall be removed from duty pending his appeal. d. Removal: A removal action involves the complete separation of the employee from service and is the most extreme form of disciplinary action available to Council. The effective date of an order of removal" must be at least five working days subsequent to the effective date of the order of ren~oval. E. Records: A complete record of all cases in which admonis~en~, reprimand, suspension or removal action is initia~ed shall be maintained in the personnel folders regardless of the final decision in each case. F. ~Combination of offenses:. A single penalty more severe may be ~posed when a combination of offenses are committed, providing each offense is enumerated.. G. Implementation: Supervisors will initiate any procedures necessary _ to assure proper understanding and implementation of the policy outline above. Section 3: Effective Date and Rescissi~ons: The policy and procedure outlined above are effective from and after passage of this Ordinance and shall remain in effect until amended or .rescinded by the Council of the City of Falrl~w~. Page 7 Section ~: That the Clerk of this City shall provide each present employee a copy of this ordinance, shall have one copy posted in the Office at all times, and shall keep sufficient copies on hand so that every ~ture employee of the City shall be given a copy for his reading prior to being employed, and shall sign an a cknowledgemen~ of having read this ordinance. Section 5: That this ordinance shall be effect from and after tn~ty days after its enactment. Passed ~ - ~0 3 1972 William F. Ree~ Clerk of Council Approved 7-1~ 1972 ~O~pF A. 'Hartlaub, Mayor J~Jep~ ~. Sansonetti ~esident of Council Approved as to form- 'Douglas---- 'D'~,.. Zo~ik~., Law Directo~ I, William F. Reed, Clerk of the Council of the City of Fairlswn, Summit County, Ohio, do hereby certify that the foregoing Ordinance 1972-84A was · duly and regularly passed by the Council at s special meeting on July 10, 1972. William F. Reed, Clerk of Council Page 8