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#09-11 passed 4/25/2011

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COMMITTEE REVIEW:                                                        FINANCE COMMITTEE

INTRODUCED BY:                                                COUNCILMEMBER PINKERTON


INTRODUCED ON:                                                                              APRIL 11, 2011

DATE OF FIRST READING:                                                                APRIL 11, 2011

DATE OF SECOND READING:                                                            APRIL 25, 2011

DATE OF THIRD READING:                                                             ________________


EMERGENCY CLAUSE:                                                                            YES/NO

TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:            YES/NO

AN ORDINANCE DESIGNATING WAGES AND

SALARIES AND OTHER EMPLOYMENT BENEFITS

AND ESTABLISHING PERSONNEL POLICIES FOR

THE APPOINTED OFFICIALS AND EMPLOYEES OF

THE VILLAGE OF SEBRING OHIO; REPEALING

INCONSISTENT ORDINANCES amended 4/25/11 AND DECLARING AN EMERGENCY

WHEREAS,  this Council is of the opinion that certain increases and other modifications should be made in the wages, salaries, and benefits of the various appointed officials and employees of the Village as the same have previously been designated and set by enactment of a series of Ordinances including but not limited to Ordinance 38-08 and amended by Ordinance #03-09, Ordinance #16-09, Ordinance #06-10, Ordinance #07-10, Ordinance #12-10 and Ordinance #26-10  by this Council; and

WHEREAS, this Council is also of the opinion that certain modifications ought to be made in enacted wages, salaries, fringe benefits and personnel policies for the various appointed officials and employees of the Village of Sebring as the same have previously been established and enacted by this Council; and

WHEREAS, this Council deems it in the best interest of the Village and its appointed officials and employees to adopt a comprehensive wage, salary, fringe benefit and personnel policy to take effect on  May 8, 2011 and continue thereafter until otherwise modified, altered, amended or changed by this Council.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO:

SECTION 1:  Wages and Salaries

That the wages and salaries of the various employees and appointed officials of the Village of Sebring be and the same are hereby set and designated as follows, to wit:

POSITION                                                  CURRENT SALARY        COMMENCING 5-08-11

OFFICIAL/EMPLOYEE                                                

Clerk of Council/ Administrative Assistant $ 14.18 hr.                     $          14.18 hr.

Administrative Assistant                    $          14.18 hr.                      $          14.46 hr.

Part Time Administrative Assistant    $          10.00 hr.                      $          10.00 hr.

Chief, Division Police                         $   44,761.60 yr.                      $   45,656.83 yr.

Sergeant, Division Police                    $          16.97 hr.                      $          17.31 hr.

1st Grade Police Officer/Patrolman     $          15.45 hr.                      $          15.76 hr.

2nd Grade Police Officer/Patrolman    $          13.94 hr.                      $          14.22 hr.

Probationary 

3rd Grade Police Officer/Patrolman    $          12.42hr                        $          12.67 hr.

Police Officer (part-time)                    $          12.20 hr.                      $          12.20 hr.

Police Telecommunication

Supervisor                                           $           15.65 hr.                     $          15.96 hr.

Police Telecommunicator                    $          14.18 hr.                     $          14.46 hr.

Police Telecommunicator (P/T)           $          11.00 hr.                     $          11.00 hr.

Public Service – Deputy Director       $    43,000.00 yr.                     $   43,860.00 yr.

Public Services Operator                     $           14.61 hr.                     $          14.90 hr.

Public Services Laborer (full-time)     $          12.20hr.                      $          12.44 hr.

Public Services Laborer (part-time)    $          12.20hr.                      $          12.20 hr.

Seasonal Public Services Laborer (P/T)  $        7.50 hr                       $            7.50 hr

Water Treatment Plant-Supt.              $    42,640.00 yr.                     $   43,492.80 yr.

Water Treatment Plant-Oper.              $           14.61 hr.                     $          14.90 hr.

Wastewater Treatment Plant-Supt.     $    42,640.00 yr.                     $   43,492.80 yr.

Wastewater Treatment Plant-Oper.    $          14.61 hr.                     $          14.90 hr.

Recreation Coordinator (part-time)    $           12.20 hr.                     $          12.20 hr.         

Park/Recreation Supervisor                   minimum wage                        minimum wage                         

Pool Manager                                      $             8.20 hr.                     $            8.20 hr.

Concession Stand Assistant                  minimum wage                        minimum wage

Lifeguards                                           $             7.50 hr.                     $            7.50 hr.

Water Safety Instructor                        minimum wage                        minimum wage

Caretaker Park/Recreation                  $             7.50 hr.                     $            7.50 hr.

Civic Center Assistant                                      minimum wage                        minimum wage

Janitor/Boiler Operator                       $          15.20 hr.                     $          15.20 hr.

Chief, Division of Fire                        $      6,300.00 yr.                     $     6,300.00 yr.

Volunteer Fireman                              $          10.20 hr.                     $          10.20 hr.

The Village Manger may, at his sole discretion, place newly hired employees at a rate of pay less than the above rates for training and probationary evaluation purpose.

SECTION 2: Shift Differential

Any employee regularly scheduled to work the "second shift" as defined by the Department Head and Village Manager shall be paid in addition to his/her regular hourly rate the sum of ten cents ($.10) per hour as a shift premium.

Any employee regularly scheduled to work the "midnight shift" as defined by the Department Head and Village Manager shall be paid in addition to his/her regular hourly rate the sum of fifteen cents ($.15) per hour as a shift premium.

SECTION 3: Effective Date

That this Ordinance be and is hereby made effective as of 12:01 A.M. May 8, 2011 and the same shall remain in effect unless and until modified by subsequent Ordinance.

SECTION 4: Work Schedule/Overtime Pay

That all salaries and wages herein established shall be based upon a forty- (40) hour workweek.  Any overtime authorized by the Department Heads shall be paid at the rate of one and one-half (1 1/2) times the hourly rate as provided above, with the exception of salaried employees, who are hereby declared to be ineligible for overtime compensation.  The overtime rate in compensation shall be paid for all hours in excess of eight (8) hours in any one-day or any hours over eight (8) consecutive hours and over forty (40) hours in any one week.  For the purpose of calculating overtime compensation, a "day" is defined as the twenty-four (24) hour period commencing at twelve o'clock (12:00) A.M. (Midnight) and terminating at eleven fifty-nine o'clock (11:59) P.M.; and a "week" is defined as the seven (7) day period commencing at twelve o'clock (12:00) A.M. (Midnight) on Sunday and terminating at eleven fifty-nine o'clock (11:59) P.M. on Saturday, unless otherwise provided by statute or Ordinance, work schedule of employees shall be determined by various Department Heads.  The forty (40) hour workweek shall consist of hours actually worked, as well as holidays, vacation days and sick days, which may have been taken during the week.

SECTION 5: Pay Periods

That all wages and salaries shall be paid in bi-weekly installments, except for compensation of Volunteer Firemen which shall be paid on the last payroll of each calendar quarter for work performed during that quarter.  Payday shall be designated as Friday.

SECTION 6: Certificates and Licenses

That in addition to the compensation provided in Section 1 foregoing, each employee shall receive an additional 2% of the base wage rate for each licensure, other than Commercial Driver's License (CDL), issued to said employee by the State of Ohio, not to exceed three such licensures, that relates to the employee’s job assignment. In addition, each employee that holds a Certificate from the State of Ohio shall receive an additional 1% of the base wage rate for each said Certificate. This additional licensure / certificate pay shall be paid to qualifying employees who possess appropriate licensure/ certificate during the calendar year 2006 and each year following. The additional licensure/ certificate pay for 2006 may be paid

to qualifying employees within thirty (30) days of the adoption of this Ordinance. For calendar years 2007 and each year following, said compensation shall be paid with the second pay period in November of each year.

That in addition to the compensation provided in Section 1 foregoing, each full time or part time member of the Division of Police holding a Basic and/or Senior Operators’ Certificate to verify blood alcohol content (BAC,ADAP),Radar Certificate, Criminal History (CCH) Certified, Notary Public, or Annual In-service Training Certificate from the State of Ohio on January 1 of each calendar year shall be paid 1% per annum; and each member of the Division of Police holding an approved Instructor Certificate from the State of Ohio, other than the Ohio Peace Officer's Basic Qualification Certificate from the State of Ohio shall be paid a sum of 2% per annum for each certificate held on January 1 of each calendar year; and full time employees obtaining Instructor certification during the calendar year shall be paid a sum equivalent to 2 % per annum  for each certificate.  All Payments for certificates shall be paid in separate pay check with the second pay period of November in each year.

SECTION 7: Longevity Pay

Any employee who has fully met the following requirements shall be granted an additional lump sum annual longevity payment to coincide and be distributed with the second pay period of November in each calendar year provided that the employee has met all of the requirements by the November 1 of the calendar year for which the longevity annual payment shall be made.

            Period of Service        Full Time Employees              Part Time Employees

            0-5     years                              $100.00                                   $ 50.00

            6-10   years                              $200.00                                   $100.00

            11-15 years                              $300.00                                   $150.00

            16-20 years                              $400.00                                   $200.00

            21 +   years                              $500.00                                   $250.00

SECTION 8: Training

Any employee who attends any training session, school or seminar which has previously been approved by the Village Manager during regularly scheduled work hours, shall be compensated for such time spent in such attendance, including travel time to and from said training session, schools or seminar up to but not more than eight (8) hours straight time in any one (1) day.  This provision or any other provision or provisions of this Ordinance shall not be construed, either individually or jointly so as to provide multiple compensation for any time spent in training session, schools or seminars under this Section.  Said employees may receive in addition to any compensation as provided hereunder, reimbursements for mileage tuition and meals under the usual conditions applicable to all employees.  All accommodations must be approved by the Department Head and Village Manager prior to the actual session.

That in addition to the compensation provided in Section 1 foregoing for the time spent in actual fire-fighting, each member of the Volunteer Fire Department attending the a regularly scheduled work night or training session shall receive two (2) hours additional compensation at the same hourly rate for each such work night or training session attended.

SECTION 9: Mileage

That any employee who uses his/her private vehicle for the City purposes with authorization from his/her supervisor shall be eligible to receive a mileage reimbursement equal to the rate established by the U.S. Internal Revenue Service.

SECTION 10: Health Coverage

That the Village of Sebring will pay on a monthly basis Ninety Percent (90%) of the full premium for hospitalization and major medical coverage for all full time employees in accordance with the Village’s master insurance carrier plan now in effect or hereafter modified, altered or changed; the employees shall pay Ten Percent (10%) of the cost for the hospitalization, medical and major medical insurance from the employee’s pay every two weeks; no deduction will be made from a third payroll if three payroll fall within a one month period.

That those employees who obtain alternative hospitalization, medical and major medical insurance shall receive One Thousand Two Hundred Dollars ($1,200.00) annually paid in equal monthly increments from the Village of Sebring as an incentive to obtain such alternative insurance.  Those employees who elect to take the incentive must provide proof of alternative insurance coverage.   

That each full time employee of the Village shall be entitled to be reimbursed for actual eye and/or dental care expenses for the employee and his/her family unit as the same is defined for purposes of the Village’s Medical Insurance Plan up to a maximum amount of Four Hundred and no/100 Dollars ($400.00) during each calendar year.  Any unused portion may be accumulated up to ($600.00).

SECTION 11: Uniforms

That an annual credit in the amount of Five Hundred and no/100 Dollars ($500.00) be established for the Chief, Sergeant and full-time Police Officers of the Division of Police for the purpose of providing new or replacement uniforms.  That an annual credit in the amount of Three Hundred and no/100 Dollars ($300.00) be established for each full time Telecommunicator that is a sworn member of the Division of Police, for the purpose of providing new or replacement uniforms.

That an annual credit in the amount of One Hundred Fifty and no/100 Dollars ($150.00) be established for part time Police Officer and Telecommunicators that have more then two (2) years of service with the Village in their most recent hiring for the purpose of providing new or replacement uniforms; and an annual credit in the amount of Two Hundred and Fifty and no/100 Dollars ($250.00) be established for part time Police Officers and Telecommunicators that have more then four (4) years of service with the Village in their most recent hiring for the purpose of providing new or replacement uniforms.

The uniform credit established by this Section may either be paid directly to the employee in one (1) or more installments, upon the approval of the Village Manager and proper proof of purchase; or applies to uniform purchases made by or through the Village according to a standard procedure and policy to be established by the Village Manager.

That the Village will provide, and the employees normally assigned to the Wastewater Treatment Plant, Service Department, Water Treatment Plant will wear uniforms as approved by the Village Manager.

SECTION 12: Fringe Benefits Waiting Period

After conclusion of the waiting period, employees will be added to the Village’s hospitalization at the next monthly billing.  Employees shall be entitled to other fringe benefits provided hereunder or under any other Ordinance after each such employee has served at least sixty (60) consecutive calendar days as a full time Village employee in his/her most recent hiring.

SECTION 13: Work Schedules

That Department Heads are hereby directed to so determine the work schedules of their subordinate employees, subject to the approval of the Village Manager.

SECTION 14: Call Back Pay

Any employee called to report for work without advance notice shall receive a minimum

of one (1) hour of pay at the employee’s appropriate rate of pay subject to the overtime provisions in Section (4).  Any full time employee called in to work by his/ her Department Head during an emergency situation on a holiday and/or vacation as specified in Section (14) shall be paid at the rate of one and one-half (1 ½) times his/her hourly rate for the hours actually worked in addition to his/her holiday or vacation pay, with the exception of the salaried employees, who must take equivalent time off at a later date.

SECTION 15: Holidays

That the following days are hereby declared to be paid holidays for full time employees of the Village of Sebring, Ohio:

NEW YEAR’S DAY                         LABOR DAY

GOOD FRIDAY                              THANKSGIVING DAY

MEMORIAL DAY                            DAY AFTER THANKSGIVING

FOURTH OF JULY                          CHRISTMAS DAY

DAY AFTER CHRISTMAS

In the event that any of the foregoing holidays fall on a weekend, the same shall be observed on either the Friday immediately preceding or the Monday immediately succeeding said holiday, at the discretion of the Village Manager.  In addition to the foregoing specified paid holidays, each full time employee of the Village who is in the service of the Village on January 1st of each calendar year, shall be entitled to three (3) paid personal holidays during said calendar year, which personal holiday must be scheduled in advance and which personal holiday must be scheduled prior to November 30th of the calendar year.  A personal holiday not taken by December 31st of the calendar year will be forfeited; and will be neither carried over into the subsequent year nor paid or compensated in lieu, thereof.  All full time employees who work their scheduled day that falls on a declared holiday shall be paid at the rate of one and one-half (1 and ½) times his or her hourly rate for the hours actually worked.  All full time employees will receive eight (8) hours holiday pay at their rate of pay for each declared holiday that falls within that pay period.  If the declared holiday falls on a full time employee's scheduled day off or the full time employee's request to be off is approved by a Department Head or the full time employee is off sick, the employee will receive eight (8) hours holiday pay only.  If a full time employee works or is ordered to work a declared holiday on his/her scheduled day off that employee will only receive the appropriate rate of pay set by the wage ordinance subject to the overtime provisions in section (4) and no other compensation other than the above stated holiday pay.  (For example, an employee ordered in to work, or who voluntarily works, on a non-scheduled day which is a declared holiday will receive eight (8) hours holiday pay and the scheduled rate of pay in the wage ordinance at overtime rate, if applicable) Holidays and Personal Days shall be used in minimum increments of one-half day (4 hours).

SECTION 16: Vacation Leave

The vacation year shall date from January 1 through December 31 each year.  Employees shall take their vacation for the relevant calendar year prior to December 31st, if practicable.  In the event that it is not practical for any employee to take all of his/her vacation by that date, then any such employee shall be paid for any unused vacation time at his/her straight hourly rate; and there will be no carryover of unused vacation into the next calendar year. 

Such payment in lieu of time off shall be calculated and paid by separate check in the last pay period of January of the following calendar year, subject to the approval of the Village Manager.

Each full time employee of the Village of Sebring, Ohio who has at least one (1) full year of service with the Village shall receive vacation leave with pay based on the following formula and further based upon continuous full time employment. 

Employed (1) through (5) years ……………………………………..80 work day hours

Employed (6) years…………………………………………………..88 work day hours

Employed (7) years…………………………………………………..96 work day hours

Employed (8) years…………………………………………………104 work day hours

Employed (9) years…………………………………………………112 work day hours

Employed (10) through (14) years………………………………….120 work day hours

Employed (15) through (19) years………………………………….140 work day hours

Employed (20) or more years……………………………………….160 work day hours

Vacation shall be used in minimum increments of one-half day (4 hours).

New employees will, on the January 1st following their hire date, receive a pro-rated benefit for their first period of service for use during the following vacation/calendar year.  On January 1st of succeeding years newly hired employees shall receive their appropriate earned annual allocation of vacation leave based on service tenure along with other employees.

SECTION 17: Sick Leave

(a)      Sick leave is a period of time that an employee is excused from the work place by reason of illness or injury.

(b)      Sick leave may be requested by an employee for only the following reasons:

(i)       Illness or injury of the employee or a member of his/her immediate family.

(ii)       Medical, dental, optical, chiropractic examinations and treatment procedures of an employee or his/her immediate family which prevents the employee from performing assigned duties within the department or division.

(iii)       Pregnancy, childbirth, adoption or guardianship of a minor child, or related medical conditions of the employee or member of his/her immediate family.

(iv)       An employee’s immediate family shall include spouse, mother, father, child, stepchild living in an employee’s home, minor ward, brother, or sister.

(c)      The provisions governing the use of sick leave and related absences from work

contained in Ordinance No. 1672-00 passed by this Council on May 22, 2000

are hereby referenced and included in this Ordinance.

(d)     Each full time employee of the Village of Sebring shall be entitled to one and one  

fourth (1.25) days per month credited to their unlimited sick leave account.  Sick leave may be used in increments of one (1) hour for illness, medical, dental, or similar professional appointments or health needs.

(e)    Any full time employee who retires according to the Rules and Regulations established by the Applicable Retirement Board shall be entitled to a compensation from the payroll account in an amount in a lump sum for the portion of unused sick leave up to 960 hours (120 days).  Compensation shall be computed at the rate of compensation at the time of employee’s retirement.

(f)    Any full time employee who shall die while employed by the Village and who has been continuously employed as a full time employee of the Village for at least five (5) years prior to his/her decease shall be considered to have retired under subsection (b) of this Ordinance; and the accumulated sick leave of any such deceased employee up to the maximum provided in subsection (b) hereof, shall be paid to the personal representative of the estate of such deceased employee or to such other person or persons as may be authorized by order of the appropriate Probate Court.

(g)   That the Village establishes a Wellness Program.  Each full time employee who is in the service of the Village on May 1st of each year and who uses zero (0) hours of paid sick leave time from May 1st through April 30th of the following year will receive a One Hundred and no/100 Dollars ($100.00) Wellness Award.

SECTION 18: Bereavement Leave

Each full time employee of the Village shall be eligible for up to three (3) calendar days additional paid personal leave at the discretion of the Village Manager in the event of the death of an immediate family member.  Members of the immediate family shall include mother, father, sister, brother, spouse, employee’s children, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents or grandchildren.  This Bereavement Leave is in addition to any benefits applicable through the Family Medical Leave Policy established by the Village.

SECTION 19: Jury Duty

That in their representative capacity, each full time employee of the Village summoned to appear for the Federal or State jury duty shall continue to receive his/her respective wages and salaries from the Village until discharged by the Court. Any full time employee who is paid any per diem fee for an appearance for jury duty shall turn over the fee to the Village and will not be given credit against his/her wages and salaries.

SECTION 20: Repeal of Prior Related Ordinances

That all Ordinances setting salaries and wages and benefits of employees or officials listed in Section 1 hereof and previously adopted by this Council shall be and are hereby repealed by the passage of this Ordinance.

SECTION  21: Conformity with the Ohio Revised Code and Municipal Charter

That it is found and determined that all formal actions of this Council relating to the passage of this Ordinance were adopted in open meetings of this Council; and that all deliberations of this Council and of any of its committees which resulted in such formal action were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

SECTION 22: Emergency Measure

That this Ordinance is herby determined to be an EMERGENCY MEASURE necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Municipality of Sebring. AMENDED 4/25/11

                                                                                    _____________________________

 JOHN W. SMITH



Mayor/President of Council

 

ATTEST:                                                                     APPROVED AS TO LEGAL FORM:

 

_________________________                                  _________________________

Malea G. Sanor                                                         Andrew L. Zumbar



Clerk of Council                                                        Assistant Solicitor