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City of Cleveland Codified Ordinances, Chapter #171
PART ONE — ADMINISTRATIVE CODETitle XI — Employment And CompensationChapter 171 — Employment ProvisionsComplete to June 30, 2007
Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Workmen's compensation, O Const, Art II §35; RC Ch 4123
Officers required to take oath of office, O Const, Art XV §7; Charter § 194
Civil Service, O Const, Art XV §10; Charter § 124 et seq.
Compensation of officers and employees, Charter § 191; CO Ch 173
Contract interest, Charter § 195; CO 615.10
Hours of labor, Charter § 196
Minimum wage, Charter § 198
Validity of bond, RC 3.34, 733.71, 3929.14 et seq.
Deductions for municipal income tax, RC 9.42; CO 191.1302
Sick leave, RC 124.38
Public Employees Retirement System, RC Ch 145
Conduct and delinquent charges, RC 733.34 et seq.
Bond, RC 733.69 et seq.
Expenses for attendance at conference or convention, RC 733.79
Workmen's compensation actuarial services, CO 127.10
The members and the Clerk of Council, the Mayor, the directors of all departments, the commissioners or chiefs of all divisions, the City Treasurer and all cashiers in the City Treasury, the chiefs or heads of all bureaus or offices of record, the deputies of any of them, the members of all boards and commissions and clerks or other employees whose duties involve the handling of money belonging to the City, or the purchase or sale of anything in behalf of the City or the negotiation or making of contracts in behalf of the City, shall before entering upon the duties of such office or employment, take and subscribe to an oath or affirmation to be filed and recorded in the office of the Clerk of Council in substantially the following form:
"I, —————————— do solemnly swear that I will support the constitution of the United States and the Constitution of the State of Ohio, and that I will faithfully, honestly, and impartially discharge the duties of the office of ————— of the City of Cleveland, State of Ohio, during my continuance in said office.
Sworn to before me and subscribed in my presence this ————— day of —————, A.D. 19 ——— /sigr/ ————————————————————————————————————————
Notary Public."
The oath herein prescribed may be administered by the Mayor or the Clerk of Council, the director of any department, the commissioner or chief of any division or office or by any notary public authorized to administer oaths in the State.
In all departmental divisions having plants or functions that are required to be continuously operated twenty-four hours a day, the directors of the departments concerned may provide, within the limit of the number fixed by the Board of Control, for as many shifts and crews to man them as in their judgment shall best conduce to the successful and efficient operation of such plants or functions. Such director may also prescribe a schedule fixing the hours during which each shift shall work and the days each crew, and the employees in each crew, shall work. However, such schedule shall be so arranged that each employee in each crew shall be employed not less than 165 hours out of every 840 hours of such continuous operation.
(Ord. No. 104274. Passed 5-25-36)
The Director of Personnel and Human Resources or the Civil Service Commission, through its Secretary, are authorized to employ by one or more written contracts health service professionals, including hospitals, clinics, medical providers, physicians, psychiatrists, and psychologists to conduct, on an as-needed basis, medical examinations or testing of City of Cleveland employees and applicants. The cost of the contract or contracts shall be payable from funds appropriated for this purpose.
(Ord. No. 746-06. Passed 6-5-06, eff. 6-9-06)
Note: Former Section 171.03 was repealed by Ord. No. 1294-77, passed 5-2-77, eff. 5-3-77.
Whenever it shall be necessary, as determined by the department head concerned, to assign one or more employees of the City to inspection duties in any tunnel or tunnelling operation being conducted by or for the City, and such assignment involves an unusual hazard to the lives or limbs of such employees by reason of the nature thereof, it shall be lawful for the Board of Control, by appropriate resolution duly adopted, to provide for extra compensation for such employees over and above the rates otherwise provided in the Salary and Compensation Schedule while they are so assigned and so engaged in such hazardous work. Such extra compensation so provided and authorized may be paid as consideration for the specially hazardous nature of such assignment and work.
(Ord. No. 748-54. Passed 3-15-54, eff. 3-17-54)
(a) Employees of the City may be entitled to compensation in money at a rate not to exceed one and one-half times the regular rate established for the work performed by such employee for all hours worked on a holiday and for each hour worked in excess of eight hours per day, or in excess of forty hours during any work week. In lieu of the monetary compensation as herein provided, employees may be granted compensatory time off from the performance of duty during regular hours or work at a rate not to exceed one and one-half hour for each hour of overtime work.
(b) The inclusion or exclusion of employees to the benefits of this section shall be determined by resolution of the Board of Control.
(Ord. No. 1003-86. Passed 5-12-86, eff. 5-14-86)
All regular full-time employees of the City may be paid a shift differential as follows:
(a) Twenty-five cents ($.25) per hour to all those employees regularly assigned to, and working the majority of their hours on the afternoon shift between 2:00 p.m. and 12:00 midnight;
(b) Twenty-five cents ($.25) per hour to all those employees regularly assigned to, and working the majority of their hours on the night shift between 12:00 midnight and 8:00 a.m.; and
(c) Twenty-five cents ($.25) per hour to all those employees regularly assigned to rotating shifts.
(d) The shift differential authorized in this section may be paid notwithstanding maximum compensation schedules established by other ordinances relating to compensation.
The inclusion or exclusion of a group of employees to the benefits of this section shall be determined by the Board of Control upon the recommendation of the director of a department, the commissioner of a division or the Mayor for a board, commission or miscellaneous employee.
(Ord. No. 1506-89. Passed 6-12-89, eff. 6-19-89)
Beginning in 2001 and continuing each calendar year thereafter, all regular full-time employees of the City, when the agreement includes a longevity payment schedule, except employees covered by a collective bargaining agreement, where the agreement includes a longevity payment schedule, members of boards and commissions, members of the building trades paid on the basis of building trades' prevailing wages and employees whose longevity pay is established by other sections of the Codified Ordinances, shall receive longevity pay on or before March 31 of the current year in the amount set forth below, based upon the length of the person's service with the City on or before March 1 of the current year, as follows:
| Years |
Annual Payment |
|
| 5 through 9 |
$300.00 |
| 10 through 14 |
$475.00 |
| 15 through 19 |
$575.00 |
| 20 through 24 |
$700.00 |
| Over 24 |
$800.00 |
(Ord. No. 308-01. Passed 3-26-01, eff. 4-2-01)
Beginning in 2001 and continuing each calendar year thereafter, all uniform members of the Division of Police and the Division of Fire shall receive longevity pay to reward length of City service, pursuant to the following schedule:
| Years of Service |
Annual Payment |
|
| 5 through 9 |
$300.00 |
| 10 through 14 |
$475.00 |
| 15 through 19 |
$575.00 |
| 20 through 24 |
$700.00 |
| Over 24 |
$800.00 |
(Ord. No. 552-01. Passed 3-26-01, eff. 4-2-01)
(a) Whenever any officer in the administrative service other than the Mayor is for any reason unable to attend to the performance of his official duties, or whenever he expects for any reason to be absent from the City on any day when his office is required to be kept open, he shall at once notify his immediate superior of such disability or absence. Such superior, if the nature of the office or its duties so requires, shall designate another officer or employee in the same department to perform the duties of such office, under the supervision of such superior officer, or such superior officer may himself perform such duties during such time as the absence or disability of the officer continues.
(b) In the case of a director who may be performing the duties of Mayor as Acting Mayor, he shall have power to designate one of the officers or employees of his department as acting director thereof. Such person so duly designated as an acting official shall have, while so acting, all the rights, privileges and powers which appertain to the office so filled by the acting official. When any person so designated to perform the duties of an officer who is absent or unable to perform his duties is required to sign any official document pertaining to such office, he shall sign it as acting director, acting commissioner or otherwise, using the word "acting" before the title of the officer whose duties he is for the time performing.
(c) In all cases covered by this section designations of acting officials may be made either for specified periods or occasions, or in such more general or continuing terms, conforming to the limitations of this section, as may be desired by the designating official.
(d) Whenever a director of a department shall be Acting Mayor or disabled, absent from the City or otherwise temporarily prevented from performing the duties of his office, the person in his department who has been designated as acting director thereof shall attend and vote at the meetings of the Board of Control and shall have such rights, privileges and powers at such meetings as the director would have if he were present in person.
(Ord. No. 96416. Passed 11-9-31)
(a) Whenever, under Charter Section 73 the duties of the office of Mayor are being regularly discharged by the head of one of the departments therein provided for under the title of Acting Mayor, and no salary is then being paid to the Mayor, the director so performing such duties shall be paid the salary of the Mayor, in lieu of his compensation as director.
(b) Whenever, under Section 171.08 any person is temporarily performing the functions of an office in an acting capacity, he shall not thereby be entitled to additional compensation beyond his regular compensation, except that when pursuant to Section 171.08 the duties of director, commissioner or secretary are being discharged by a person under the title of acting director, acting commissioner or acting secretary, and no salary is then being paid to such director, commissioner or secretary as the case may be, such acting director, acting commissioner or acting secretary, shall be paid the salary of the director, commissioner or secretary whose duties he is then performing in lieu of his regular compensation, if such salary is greater than that of the office regularly held by such acting director, acting commissioner or acting secretary.
(c) However, whenever it is necessary to designate a lesser employee to act temporarily in a higher capacity due to the absence on vacation or otherwise of the employee in such higher capacity, the employee so temporarily designated, if he has served in such acting capacity for one day or more in any one payroll period, may with the approval of the director of the department involved, under such rules as may be established by the board of Control, be compensated at the rate of compensation being paid to such absent employee.
(Ord. No. 678-69. Passed 5-5-69, eff. 5-7-69)
Note: The Board of Control has established rules for the compensation of all employees temporarily serving in a higher capacity, pursuant to the authority of this section.
Members of Council, members of the Civil Service Commission, members of the City Planning Commission, members of the boards or commissions of the City which do not involve full-time employment and any officers or employees in the administrative service of the City who are authorized by the Mayor to accept compensation or salary from other sources or authorities, and officers or employees in the administrative service who by the terms of their employment are permitted to engage in employment outside the City service, may receive salaries or compensation for such outside employment. No officer or employee in the administrative service, the conditions of whose employment require his full attention and time, shall accept any other employment than that of the City, nor any salary or compensation for other employment, so long as he continues in the service of the City, except as approved by the Mayor in writing. Any such outside employment or the acceptance of any salary or compensation therefor shall forfeit the right of such person to continue in the employment of the City. This section shall not be construed to prohibit the acceptance by any officer or employee of the City, of any pension or annuity to which he may be otherwise entitled from any source whatsoever.
The Director of Finance at City cost shall procure and maintain in effect at all times bonds or policies of insurance in such form as shall be approved by the Director of Law, protecting the City from loss by reason of burglary, robbery, theft, forgery, counterfeiting or by fraudulent or dishonest acts by City employees engaged in the handling of money or other property of the City.
(Ord. No. 1105-56. Passed 6-4-56, eff. 6-8-56)
The type and amount of bonds and insurance shall be as follows:
(a) Money and securities insurance covering various locations on insured property while within the premises not less than eighty-five thousand dollars ($85,000) and outside premises not less than sixty thousand dollars ($60,000).
(b) Depositors forgery bond not less than fifty thousand dollars ($50,000).
(c) Public employees honesty blanket bond or such other type of employee crime insurance as is then available in the aggregate amount of not more than one hundred thousand dollars ($100,000) conditioned against fraudulent or dishonest acts in the handling of money or other property including employees of the Sinking Fund Commission; except as to those officials required to give bond conditioned upon the faithful performance of the duties of their officer, officers and employees of both the Judicial Division and Clerk's Division of the Municipal Court.
(Ord. No. 1830-92. Passed 10-5-92, eff. 10-9-92)
The Director of Finance with the approval of the Board of Control shall purchase the bonds or policies required, after advertising as required for City contracts, from the lowest and best bidder for a term not exceeding five years and upon the basis of all or any combination of such requirements as the Board shall determine.
(Ord. No. 1105-56. Passed 6-4-56, eff. 6-8-56)
All official bonds required of officers or employees of the City shall be executed by accredited and reliable surety companies authorized to engage in the bonding business in the State, subject to the approval of the Director of Finance as to the financial responsibility of the company, and the approval of the Director of Law as to legal form and sufficiency of the bond. However, the bond of the Director of Finance and of the Director of Law shall also be approved by the Mayor. The premiums on all such bonds shall be paid by the City from the appropriate funds provided for such purpose.
(Ord. No. 111-49. Passed 2-14-49)
Before entering upon the duties of his office, the Mayor shall give bond of five thousand dollars ($5,000) conditioned upon the faithful performance of the duties of his office during his incumbency thereof, including the duties as member and President of the Sinking Fund Commission, which Commission shall pay one-half of the premium on the bond.
(Ord. No. 381-A-42. Passed 6-8-42)
Before entering upon the duties of his office each of the following officers shall give bond in the sum set opposite his title, conditioned upon the faithful performance of his duties during the period concurrent with the term of the Mayor of the term for which elected, and shall give like bond for each subsequent term of appointment or election:
| Director of Law, as such, and as member of the Sinking Fund Commission |
$10,000 |
| Director of Finance, as such, and as member of the Sinking Fund Commission |
50,000 |
| President of Council, as such, and as member of the Sinking Fund Commission |
5,000 |
| Director of Public Utilities |
25,000 |
| Director of Port Control |
25,000 |
| Director of Public Service |
10,000 |
| Director of Parks, Recreation and Properties |
10,000 |
| Director of Public Health |
10,000 |
| Director of Public Safety |
10,000 |
| Director of Community Development |
10,000 |
| Commissioner of Accounts |
50,000 |
| City Treasurer |
3,000,000 |
| Income Tax Administrator |
100,000 |
(Ord. No. 1830-92. Passed 10-5-92, eff. 10-9-92)
Before entering upon his duties as the Bailiff of Municipal Court, the Bailiff shall give bond of not less than ten thousand dollars ($10,000) conditioned for the faithful performance of his duties.
(Ord. No. 2058-51. Passed 12-17-51, eff. 12-21-51)
All official bonds, all policies of insurance and all other instruments of indemnity or guaranty required under any provision of ordinance or law shall be filed with the Commissioner of Accounts who shall preserve and keep safe the same. No such instrument shall be surrendered from his custody except upon the order of the Director of Law. He shall maintain a record in which shall be entered under appropriate headings all such instruments and such record shall show the nature of the instrument, the amount thereof, the purpose for which issued, the principal and surety thereon, the department filing the same, the date of the approval and by whom approved, the expiration date thereof and other information as he may deem pertinent. The official concerned with the taking or approving of any such instrument shall file the same forthwith with the Commissioner for safe keeping and record.
(Ord. No. 2608-46. Passed 2-3-47)
The Mayor shall certify to the Civil Service Commission a list of positions and offices, the incumbents of which are required to be bonded by or pursuant to the terms of Section 171.14, together with the amount of the bond required in each case. He shall also certify such lists or parts of lists as include the positions in any administrative department to the director of such department and to the Director of Law. The Secretary of the Sinking Fund Commission shall certify a similar list covering the positions in the employ of the Sinking Fund Commission. The Director of Finance shall certify to the Civil Service Commission a statement of all bonds filed and recorded in his office as required by Section 171.14.
(Ord. No. 71981. Passed 12-28-25)
Each appointing officer or authority shall see that every officer or employee appointed or subject to removal or suspension by him, and required to be bonded, shall give such required bond, effective at the time of appointment, or at the time when the requirement of such bond becomes effective. Any such appointing officer or authority who neglects or refuses to see that such bond is given shall be liable to the City for any loss which may accrue to the City by reason of the lack of such bond.
(Ord. No. 71981. Passed 12-28-25)
No appointment to any office or position shall be deemed to be effective until the appointee thereto shall be covered by a valid bond, when such bond is required by the Mayor or by Section 171.14. The Civil Service Commission shall not certify the payroll or account of salary of any person in the classified service required by the Mayor or by Section 171.14 to be bonded, for any period when the certificate of the Director of Finance does not show such person to have been covered by a bond as required.
(Ord. No. 71981. Passed 12-28-25)
The Treasurer, pursuant to the authority of RC 1739.15 is hereby authorized to deduct from the salaries or wages of employees subscribing to any nonprofit hospital service plan, incorporated and operating under the provisions of RC 1739.01 et seq. such amounts monthly as have been stipulated by such employees in written authorization filed with the Treasurer requesting such deductions. The Treasurer is hereby authorized to make remittance to such nonprofit hospital service plans so incorporated and operating, of the aggregate amount of sums so authorized to be deducted and to transmit the same to such organizations on the fifteenth day of the month following the date of such deductions.
(Ord. No. 1163-39. Passed 7-24-39)
The Treasurer is hereby authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Treasurer a written request authorizing such deduction, the amount specified in such authorization to be deducted at the time indicated in such authorization and to transmit the money so deducted to the Public Employees Retirement System for and on behalf of such officer or employee, as an agreed payment thereto permitted under the statutes of Ohio relating to withdrawal of exemption from membership in the System or for obtaining of pension credit for contributing service during such period as may be allowed thereunder.
(Ord. No. 86-A-52. Passed 2-18-52, eff. 2-19-52)
The Commissioner of Accounts is hereby authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Commissioner a written request authorizing such deduction, the amount specified in such authorization to be deducted at the time indicated in such authorization. The Treasurer shall transmit money so deducted to the Treasurer of the Civil Service Employees Association Credit Union, City of Cleveland Employees Credit Union, Inc., the Cleveland Police Credit Union or the Cleveland Firemen's Credit Union as indicated in the authorization, for and on behalf of the officer or employee for savings in the share account of such officer or employee in such credit union.
(Ord. No. 1469-68. Passed 7-15-68, eff. 7-17-68)
The Commissioner of Accounts is authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Commissioner a written request authorizing deductions for the Ohio Tuition Trust Authority's College Advantage Savings Plan, the amount specified in the authorization to be deducted at the time indicated in the authorization. The Treasurer shall transmit money so deducted to the Ohio Tuition Trust Authority, as indicated in the authorization, for and on behalf of the employee. The Director of Personnel and Human Resources is authorized to enter into any necessary agreements with the Ohio Tuition Trust Authority to implement this program.
(Ord. No. 1277-05. Passed 8-3-05, eff. 8-9-05)
The Commissioner of Accounts is authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Commissioner a written request authorizing deductions for the RTA Commuter Advantage Program, the amount specified in the authorization to be deducted at the time indicated in the authorization, all in accordance with applicable federal regulations. The Treasurer shall transmit money so deducted to the Greater Cleveland Regional Transit Authority (GCRTA), as indicated in the authorization, for and on behalf of the employee to purchase commuter passes. This program constitutes a qualified transportation fringe benefit plan. The Director of Personnel and Human Resources is authorized to enter into any necessary agreements with GCRTA to implement this program.
(Ord. No. 1278-05. Passed 8-3-05, eff. 8-9-05)
The Commissioner of Accounts is hereby authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Commissioner a written request authorizing such deductions, the amount specified in such authorization to be deducted at the time indicated in such authorization. The Treasurer shall transmit money so deducted to an insurer, as indicated in the authorization, for and on behalf of the employee for the payment of life insurance premiums in accordance with the provisions and requirements of RC 3917.04.
(Ord. No. 1173-68. Passed 6-17-68, eff. 6-18-68)
The Commissioner of Accounts is hereby authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Commissioner a written request authorizing such deductions, the amount specified in such authorization to be deducted at the time indicated in such authorization. The Treasurer shall transmit money so deducted to an insurer as indicated in the authorization, for and on behalf of the employee for the payment of fire and casualty insurance premiums, including, but not by way of limitation premiums for motor vehicle and homeowners insurance policies. The written request authorizing such deduction shall be made on a form approved by the Director of Law.
(Ord. No. 1154-72. Passed 12-18-72, eff. 12-26-72)
(a) The Treasurer is hereby authorized to deduct from the salary or wages due those officers and employees of the City who have filed with the Treasurer a written request authorizing such deduction, the amount specified in such authorization, to be deducted at the times indicated in such authorization. The amount is to be credited and applied upon the purchase of United States Savings Bonds Series E, for the benefit of and in the name of the officer or employee authorizing the deduction.
(b) The Director of Finance is hereby authorized and directed to enter into an agreement with the Federal Reserve Bank of Cleveland in order to qualify the City as a designated agent for the sale and issuance of United States Savings Bonds Series E, and to obtain a stock of such bonds sufficient to meet the City requirements for sale of such bonds to officers and employees of the City.
(Ord. No. 1645-42, Passed 11-30-42)
(a) Each full-time City officer or employee, including full-time hourly rate employees, who has completed at least six months but less than twelve months of continuous service with the City on the first of January next following his date of employment, shall have earned and will be entitled upon the first of January next following his date of employment, one day of vacation leave for each month of service with the City, not to exceed ten days.
(b) Each full-time City officer or employee, including full-time hourly rate employees, shall have earned and will be due upon the first of January next following the employee's completion of one year of continuous service with the City, and annually thereafter, two weeks of vacation leave with full pay. A full-time City officer or employee with eight or more years of continuous service with the City as of January first of any year shall have earned and is entitled to three weeks of vacation leave with full pay. A full-time City officer or employee with twelve or more years of continuous service with the City as of January first of any year shall have earned and is entitled to four weeks of vacation leave with full pay. A full-time City officer or employee with twenty-two years of continuous service with the City as of January 1 of any year shall have earned and is entitled to five weeks of vacation leave with full pay.
(c) A former elected official of the City of Cleveland, who becomes a full-time officer or employee, including a full-time hourly rate employee, shall have earned and will be credited with the time served in such elected office for the purpose of determining such officer's or employee's vacation time, as provided in subsection (a) and (b) of this section.
(d)(1) Upon separation from City service, an officer or employee shall be entitled to compensation at his then current rate of pay for vacation leave lawfully earned pursuant to subsections (a) and (b) hereof and unused as of the date of separation.
(2) Upon separation from City service, an officer or employee shall be entitled to compensation in lieu of vacation at his current rate of pay for each month of service in the year of separation, computed in accordance with the provisions (a) and (b) hereof.
(e) An officer's or employee's service with the City shall not be deemed interrupted by authorized leaves of absence or by periods of lay-off. However, no vacation leave shall be earned by any officer or employee during a leave of absence or lay-off period.
(f) The provisions of this section shall not apply to hourly rate craft employees paid on the basis of building trades prevailing wages.
(g) The provisions of this section shall not deprive any employee of any vacation rights to which he may be entitled under the terms of any memorandum of understanding between any union and the City approved by ordinance of Council.
(Ord. No. 306-85. Passed 4-29-85, eff. 5-1-85)
In case of the death of any officer or employee of the City, the unused vacation and overtime pay to the credit of such officer or employee shall be paid as wages or personal earnings in accordance with RC 2113.04, or to his estate. The provisions of this section shall be effective from and after January 1, 1958.
(Ord. No. 787-57. Passed 2-25-58, eff. 2-28-58)
(a) All full-time annual rate and hourly rate employees, except hourly rate craft employees paid on the basis of building trades prevailing wages, shall be exempted from work and be paid for the following named holidays:
New Year's Day (January 1)
Martin Luther King Day (Third Monday in January)
President's Day (Third Monday in February)
Good Friday (Friday before Easter)
Memorial Day (Fourth Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Christmas (December 25)
(b) In addition to the foregoing named holidays, such employees shall be exempted from work and be paid for two (2) personal holidays each calendar year. The scheduling of such personal holidays shall be subject to the approval of the appointing authority of each such employee.
(Ord. No. 142-86. Passed 1-13-86, eff. 1-14-86)
(a) All full-time annual rate City employees and all full-time hourly rate employees, except hourly rate craft employees paid on the basis of building trades prevailing wages, shall be entitled to sick leave with pay.
(b) The Board of Control shall establish by resolution rules and regulations for those entitled to sick leave. Such resolution shall have regard to absence due to illness, exposure to contagious disease which could be communicated to other employees, death or serious illness in the employee's immediate family and any other equitable factor present in the absence of employees on account of illness. Such resolution may provide for cumulation of sick leave.
(Ord. No. 2294-80. Passed 10-27-80, eff. 10-29-80)
(a) Notwithstanding the provisions of Section 171.131, the Clerk of Council may, at the Clerk's discretion, authorize any employee of the Council to contribute accumulated paid sick leave to another employee of the Council as follows:
(1) Contribution of sick leave must be based upon a catastrophic health condition of the receiving employee or a member of her or his immediate family.
(2) To be eligible to receive a contribution of sick leave, an employee must have first exhausted her or his own accumulated sick leave, vacation time, personal days, and compensatory time.
(3) A contributing employee may not be on the absence abuse list and must retain at least one hundred (100) hours of accumulated leave after any contribution.
(b) The Clerk of Council may adopt additional rules and regulations as the Clerk deems appropriate to implement the authority granted hereby.
(Ord. No. 632-95. Passed 4-10-95, eff. 4-14-95)
(a) All regular full-time officers and employees of the City, including the Mayor and all members of Council and all regular full-time officers and employees of the Cleveland Municipal Court, except hourly rate craft employees paid on the basis of building trades prevailing wages, who have completed ninety (90) days of continuous service with the City shall be provided with ten thousand dollars ($10,000) of group term life insurance.
(b) The Director of Finance at City cost shall purchase and maintain the group term life insurance required by subsection (a) hereof.
(Ord. No. 752-86. Passed 4-14-86, eff. 4-21-86)
(a) All regular full-time employees of the City except sworn members of the Police and Fire Divisions, members of the building trades paid under Section 173.62, or ordinances or parts of ordinances relating to the same subject matter, employees of the Municipal Court whose compensation is fixed by the judges thereof and elected officials of the City, shall be entitled to an allowance for hospitalization protection. Eligible employees who do not have the same or better coverage provided free by their spouses' employers shall be entitled to full payment of employee and dependent Blue Cross and Medical Mutual coverage, or the equivalent, upon such terms and conditions as the Board of Control shall establish and in accordance with the rules and regulations established by the Office of Personnel Administration.
(b) "Regular full-time employee", as used in this section, shall not include temporary transitory employees or temporary emergency employees.
(c) The inclusion or exclusion of any group of employees to the benefits of this section shall be determined by the Board of Control upon the recommendation of the director of a department, the commissioner of a division or the Mayor for any board, commission or miscellaneous employee.
(Ord. No. 936-A-78. Passed 8-22-78, eff. 8-24-78)
Notwithstanding the provisions of Section 171.33 relating to the exclusion of sworn members of the Divisions of Police and Fire, effective February 15, 1974, all sworn members of the Divisions of Police and Fire shall be entitled to full payment of employee and dependent hospitalization allowance according to the provisions as set forth in the present plan covering members of the Divisions. A member shall be entitled to participate in either of the following two plans which are now in effect:
BC-MM No. CC 7
BC-MM Plan No. CC 7 FF
or
KAISER FOUNDATION PLAN
No. 730-C
with Following Riders:
(a) No wait maternity.
(b) D1 psychiatric.
(c) D1 drug prescription.
(d) Dependent children to age 25.
(e) Handicapped for life.
(f) 100-day extended care.
(Ord. No. 2077-73. Passed over Mayor's veto 2-11-74, eff. 2-12-74)
Notwithstanding the provisions of Section 171.33, all elected officers of the City, the Mayor and all elected Councilmen and those appointed pursuant to Charter Section 24 and all judges of the Cleveland Municipal Court and those Court employees whose compensation is fixed by such judges shall be entitled to full payment of employee and dependent hospitalization allowance according to such plans as are available to other employees of the City, or as may be negotiated.
(Ord. No. 2799-75. Passed 12-15-75, eff. 12-16-75)
Effective September 1, 1975, in addition to the hospitalization benefits established pursuant to Section 171.33, employees in the following classifications shall be entitled to receive the Blue Cross two dollar ($2.00) deductible prescription drug program or its Kaiser Community Health Foundation equivalent:
Automobile Body Repairman
Automobile Repair Foreman
Automobile Repair Helper
Automobile Repairman
Garageman
Machinist
Machinist Helper
Meter Maid
Police Radio Dispatcher
Tire Repairman
Trimmer and Upholstery Repairman
Tractor Driver
Truck Driver
Tow Truck Operator
Waste Collector Driver
Welder
(Ord. No. 2161-75. Passed 10-27-75, eff. 10-27-75)
(a) Any full-time officer or employee of the City may be reimbursed by the City in an amount not to exceed one thousand dollars ($1,000) per employee per calendar year for payments he has made for tuition fees for a course of study at an accredited university, college, high school, or continuing education program, that will assist the officer or employee and improve his ability to perform his duties.
(b) Reimbursement of tuition and fees is subject to the following conditions:
(1) The officer or employee shall have received the prior written approval of his director, or his appointing authority in the case of those employees not in a department administered by a director to attend the course of study.
(2) The officer's or employee's director, or appointing authority in the case of those employees not in a department administered by a director, shall have reported to the Mayor, his designee or the Director of Personnel if the Mayor so designates that the course of study will assist the officer or employee and improve his ability to perform his duties.
(3) The officer or employee has successfully completed the course of study.
(c) Two times a year the Mayor, his designee or the Director of Personnel if the Mayor so designates shall submit to Council for its review a list of the names of all individuals who received approval for tuition reimbursements.
(Ord. No. 2461-A-85. Passed 10-20-86, eff. 10-23-86)
(a) When the Mayor or a designee deems it necessary for the successful recruitment of qualified persons for eligible positions in the service of the City of Cleveland, as eligible positions are defined below, he or she may authorize payment of costs to recruit such persons and may authorize payment of reasonable and necessary expenses incurred by applicants who live outside of the Cleveland metropolitan area for traveling to and from Cleveland for the purpose of being interviewed for employment by the City. Reasonable and necessary travel expenses shall include lodging, meals, incidentals, and transportation from the applicant's place of residence, or mileage, provided that payment for mileage shall not exceed the round-trip airfare of a common carrier and provided further that no payment shall be authorized for:
(1) Fines, penalties, and/or forfeitures;
(2) Tobacco, alcoholic beverages, entertainment, gratuities, personal telephone calls and telegrams, or other like personal items;
(3) First-class travel accommodations unless coach or economy accommodations were not available; or
(4) Meals in lieu of other meals or food services provided during the period of travel by a carrier and included in the fare charged.
(b) The Mayor or a designee may approve payment of costs to search for and recruit and travel expenses for applicants for eligible positions, which are positions that meet the following criteria:
(1) Director, Assistant Director, Secretary to the Director, Chief Counsel, Commissioner, Special Assistant to the Mayor, Executive Assistant to the Mayor and Secretary to the Mayor; or
(2) The following highly specialized technical personnel:
Air Pollution Control Engineer; Airport Chief Engineer; Airport Comptroller; Airport Safety Manager; Architect; Air Trade Development Manager; Assistant Director of Law; Assistant Superintendent of Electric Transmission and Distribution; Chief Air Pollution Inspector; Chief Architect; Chief Assistant Director of Law; Chief Building Official; Chief Engineer_Civil; Chief Engineer_Mechanical; Chief of Environmental Health_Engineering; Chief Plan Examiner; Chief Traffic Engineer; Chief of Water Distribution and Water Plant Manager; City Budget Manager; City Comptroller; City Treasurer; Consulting Engineer; Deputy Commissioner of Cleveland Hopkins International Airport; Deputy Commissioner of Convention Center, Stadium and West Side Market; Electrical/Electronic Engineer; Engineer of Hydraulic Surveys; Manager of Data Processing Center; Manager of Parks and Urban Forestry; Manager of Electric System Operation; Secretary to the Civil Service Commission; Superintendent of Electric Transmission and Distribution.
(c) Payment of authorized travel expenses may be made directly to a vendor, or the applicant may be reimbursed for authorized expenses paid out of pocket. Claims for payment of authorized expenses, other than mileage and incidentals, shall be submitted to the Mayor or a designee and shall be accompanied by invoices and/or receipts showing payment of such claimed expenses. Invoices and/or receipts showing payment of overnight lodging expenses shall have clearly identified thereon the rate for the accommodations utilized.
The maximum amount that may be paid to any one person who is a candidate for one of the eligible positions for travel and related interview expenses shall be two thousand five hundred dollars ($2500.00) per interview trip.
(d) The Director of Finance is authorized to pay funds or reimburse costs for the recruiting and travel expense payments authorized in this Section from funds appropriated for this purpose.
(e) If necessary to obtain the services of persons for eligible positions, as defined above, the City may pay moving expenses incurred by them in relocating to the City upon presentation of verifying documents, as long as those persons have moved from a distance consistent with the Internal Revenue Service distance test for moving expense deductions.
(f) The phrase "moving expenses" includes expenses incurred for transportation to Cleveland to secure housing, as well as food and lodging expenses for a period not to exceed five (5) days, incurred while engaged in securing housing. Moving expenses also shall include all lodging, food, and transportation expenses of family and household goods and personal effects which are incurred solely for the purpose of relocating, from departure of such family and goods from the place of current residence until the time that the family and possessions arrive in Cleveland, unless such expenses have been otherwise reimbursed.
The authorized maximum rate for moving expenses as defined herein shall be ten thousand dollars ($10,000).
(g) The Director of Finance is authorized to pay funds or reimburse costs for the moving expense payments authorized in this section from funds appropriated for that purpose.
(h) A person who receives moving expenses shall sign an agreement that should such person voluntarily leave the City's employ within one (1) year of initial appointment to a position, he or she shall reimburse the City for all moving expenses plus any applicable interest as calculated pursuant to relevant Internal Revenue Code provisions. The Mayor may waive or modify the repayment amount upon the showing of mitigating circumstances.
(i) The Director of Personnel and Human Resources shall notify the Clerk of Council, with a copy to each Council member, when any costs authorized by this section are paid.
(j) The authority granted in this section shall expire and be of no further force and effect two (2) years after the effective date of this section.
(Ord. No. 1105-98. Passed 3-29-99, eff. 4-7-99)
(a) Any appointing authority of the City that determines that an employee under the appointing authority's control would benefit from information technology training directly related to the employee's City duties, and to improve the ability of the employee to perform those duties, may enter into an agreement with the employee under the terms provided in this section.
(b) Any agreement entered into under the authority of this section shall contain such terms as may be necessary in the opinion of the appointing authority and the Director of Law to protect the interests of the City and shall at a minimum provide:
(1) That the City of Cleveland will pay the tuition, fees, and related costs for the technical training;
(2) That the appointing authority will grant the employee time off during the employee's normal workday to attend the training;
(3) That the employee will attend and successfully complete the course of study or classes and obtain certification, if applicable;
(4) That the employee will submit to the appointing authority documentation of completion of the coursework and a copy of the certification, if applicable; and
(5) That the employee will reimburse or consent to deduction from wages the City of Cleveland for all costs of the training in the event that the employee breaches any of terms of the agreement, or if the employee is terminated by the City for cause, or if the employee fails to remain an employee of the City for a period of two years following completion of the training or receiving the certification.
(c) The information technology training that is the subject of an agreement authorized by this section may be provided by any public or private educational institution, company, or entity that is competent to provide such training, and to issue certification in the same, if applicable.
(Ord. No. 797-03. Passed 6-10-03, eff. 6-12-03)
No officer or employee of the City shall violate any of the prohibitions contained in RC Chapter 102, as currently enacted or hereafter amended, relating to ethical conduct and conflict of interest of public officials.
(Ord. No. 566-77. Passed 3-7-77, eff. 3-7-77)
Effective January 1, 2000, if a City employee is killed in the line of duty or dies as a direct and proximate result of the performance of the employee's official work-related duties, the City shall, within 90 days of the employee's death, make one payment of One Hundred Thousand Dollars ($100,000.00) to the surviving spouse or, if there is no surviving spouse, to the estate of the employee. This payment shall be in addition to any other benefits or compensation to which the employee's beneficiaries would be entitled.
(Ord. No. 1305-2000. Passed 8-7-00, eff. 8-17-00)
(a) Authorization
(1) A credit card held by the Clerk of Council may be used to pay the following work-related expenses of the Clerk, member of Council, and Council staff:
A. Transportation expenses while traveling on City business;
B. Lodging expenses while traveling on City business;
C. Food expenses while traveling on City business;
D. Registration, tuition or enrollment expenses for meetings, seminars, conferences, or retreats in connection with the performance of official duties.
(2) A credit card held by the Law Department Docket Clerk or any Law Department attorney may be used to pay the following work-related expenses:
A. Filing fees required by any court, board or tribunal;
B. Any other cost assessed by a court, board or tribunal other than judgments or settlements.
Use of a City credit card for uses other than those listed in division (a) of this section shall be considered an unauthorized use.
Use of a City credit card in a manner inconsistent with any restriction or control placed on the card by the Director of Finance shall be considered an unauthorized use.
(b) No late charges or finance charges shall be allowed as an allowable expense on a City credit card unless authorized by the Director of Finance.
(c) Any debt incurred as a result of the use of a credit card under this section shall be paid from moneys appropriated in the budget to specific appropriation line items of the appointing authority for work-related expenses listed in division (a) of this section.
(d) Use of any credit card under division (a) of this section shall be limited to the amount appropriated in a specific appropriation line item for the permitted use or uses designated in division (a) and not otherwise encumbered.
(e) If the card is issued in the name of a specific officer or employee, that officer or employee is liable in person and upon any official bond of the officer or employee to reimburse the City Treasury for the amount charged to the City beyond the authorized amount or the amount of unauthorized use. If the card is issued to the office of an appointing authority, the appointing authority is liable in person and upon any official bond of the appointing authority for the amount charged to the City beyond the authorized amount or for the amount of unauthorized use.
(f) Any time a City credit card authorized for use under this section is used for more than the amount appropriated and not otherwise unencumbered or is used for an unauthorized use, the City Treasury shall be reimbursed for any amount spent beyond the appropriated, otherwise unencumbered amount, or for the amount of unauthorized use, in the following manner:
(1) If the card is issued in the name of a specific officer or employee, that officer or employee is liable in person and upon any official bond of the officer or employee for reimbursing the City Treasury for any amount charged on the card beyond the appropriated, otherwise unencumbered amount or for the amount of the unauthorized use.
(2) If the card is issued in the name of the office of the appointing authority, the appointing authority is liable in person and upon any official bond of the appointing authority for reimbursement for any amount charged on the card beyond the appropriated, otherwise unencumbered amount or for the amount of the unauthorized use.
(g) Whenever any officer or employee who is authorized to use a City credit card or the office of any other county appointing authority suspects the loss, theft, or possibility of unauthorized use of the card, the officer or employee shall notify the Director of Finance and either the officer's or employee's appointing authority immediately and in writing.
(h) If the Director of Finance determines there has been a credit card expenditure beyond the appropriated, otherwise unencumbered or the authorized amount or if the Director of Finance determines that there has been unauthorized use of a credit card, and if the Director of Finance determines that the City Treasury should be reimbursed for credit card expenditures beyond the appropriated, otherwise unencumbered or the authorized amount, or for the amount of the unauthorized use, the Director of Finance shall give written notice to the officer or employee or appointing authority of liability to the City Treasury in accordance with this section. If, within thirty days after issuance of the written notice, the City Treasury is not reimbursed for the amount shown on the written notice, the Director of Law shall recover that amount from the officer or employee or appointing authority who is liable under this section by civil action in any court of appropriate jurisdiction.
(i) Use of a City credit card for any use other than those permitted under division (a) of this section is a violation of Section 2913.21 of the Revised Code.
(j) The Director of Finance may revoke credit card privileges and reclaim the credit cards as the Director deems necessary.
(Ord. No. 1715-06. Passed 10-30-06, eff. 10-30-06)
Note: Former Section 171.40 was repealed by Ord. No. 2927-76, passed 12-20-76, eff. 1-2-78. See Section 173.071.
Whenever it is necessary for the Mayor or any committee or member of Council to travel outside of the City upon business or affairs of Council or pertaining to the office of Mayor, all necessary expenses for transportation, hotel, living and incidental purposes shall be paid out of appropriations made to Council or the Mayor for the purpose of travel expense out of the City.
(Ord. No. 77214. Passed 1-31-27)
In all cases where the nature or circumstances of the employment make it necessary or expedient that the City furnish lodging, sustenance, clothing or other personal services to any employee, the cost of such lodging, sustenance, clothing and other personal services shall be determined, until otherwise authorized by Council, by the appointing authority noting on each payroll a deduction from the salary of such employee as that salary is otherwise fixed in accordance with the provisions of the Charter and this section.
(Ord. No. 93-41. Passed 4-28-41)
Each officer and employee authorized to drive a City vehicle to and from work shall be charged a commuting fee in an amount to be determined by the Director of Finance but not to exceed twenty-five dollars ($25.00) per week. The Commissioner of Accounts is hereby authorized to deduct such charge from the salary or wages due such officers and employees who have filed a written authorization of such deductions.
(Ord. No. 2268-90. Passed 9-17-90, eff. 9-17-90)
In addition to the salary fixed for the position occupied in the City service, any employee whose duties require the use of a motor vehicle, and any person performing the functions of a public office as described in Section 7701(a)(26) of the Internal Revenue Code and authorized by the appointing authority to be eligible for vehicle mileage allowance, may be compensated for the use of his vehicle in the performance of his duties at the rate of twenty-eight cents ($.28) per mile, subject to the rules and regulations established by the Director of Finance, which shall be published in the City Record for two consecutive weeks. Nothing in this section shall be deemed to apply to Deputy Bailiffs of the Municipal Court.
(Ord. No. 2153-99. Passed 3-6-00, eff. 3-11-00)
Within the maximum limitation imposed by the judges of the Municipal Court, Deputy Bailiffs of the Court who use their own motor vehicle in transacting their public duties, in addition to their salaries, may be allowed an expense item for vehicle use covering gasoline, oil and maintenance, at the rate per mile currently in effect with the union's collective bargaining agreement for each mile which each vehicle may travel in the performance of the official duty of the Bailiff owning the same. This allowance is not part of the salary of the Bailiff, but merely a reimbursement for the expenses incurred for use of the Bailiff's vehicle.
(Ord. No. 756-05. Passed 7-12-06, eff. 7-14-06)
Probation officers of the Municipal Court, when duly authorized by the judges or by the Chief Probation Officer with the authority of the judges, in addition to their salaries, shall be allowed an expense item covering gasoline, oil and maintenance of their private vehicles when the same are used directly in connection with the performance of their duties as probation officers. The allowance shall be the rate per mile currently in effect with the union's collective bargaining agreement for each mile which each vehicle may travel in the performance of the official duty of the probation officer owning the same, as shall be evidenced by an affidavit duly executed by an affidavit duly executed by each probation officer claiming the mileage, which affidavit shall be in the form approved by the Director of Law. The affidavit shall be executed and filed at the end of each calendar month covering the operation of the vehicle during the preceding month. The allowance shall not be construed to be a part of the salary or compensation of the probation officer, but shall be construed as a reimbursement to him for the expense necessarily incurred in the use of his vehicle on official business. The aggregate amount of such reimbursement to a probation officer for any one calendar month shall not exceed one hundred twenty-five dollars ($125,00).
(Ord. No. 756-05. Passed 7-12-06, eff. 7-14-06)
(a) No polygraph, "lie detector" or other mechanical, chemical or electronic "truth" seeking instrument, device or test shall be used nor shall any attempt be made to use any such instrument, device or test as a condition of employment or continued employment or in connection with any examination for employment or promotion with respect to any position with the City, unless any applicant, employee or officer freely consents in writing, to having such instrument device or test used on his person.
(b) An examination given contrary to the provisions of this section shall render the results of such polygraph, "lie detector", or other mechanical, chemical or electronic "truth" seeking results null and void, and the results thereof shall not be used by any person for any purpose whatsoever.
(c) Whoever violates any provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) or imprisoned not more than ten (10) days or both. Any examination administered or the results thereof used contrary to the provisions of this section shall constitute a distinct and separate offense.
(Ord. No. 2928-76. Passed 12-20-76, eff. 12-30-76)
Note: Former Section 171.47 was declared unconstitutional by the Eighth District Court of Appeals in the case of Chylock v Cleveland, 59 O.App.2d 305. See Charter § 74.
Note: Former Section 171.48 was declared unconstitutional by the Eighth District Court of Appeals in the case of Chylock v Cleveland, 59 O.App.2d 305. See Charter § 74.
(a) Every officer and employee, whether in the classified or unclassified service of the City, shall have and enjoy the right of free speech, as guaranteed to them as citizens of the United States and the State, as provided in the United States Constitution and the Constitution of the State, and may freely discuss any matters, including but not limited to matters relating to religion or politics.
(b) No officer or employee of the City, whether in the classified or unclassified service of the City, shall promulgate or enforce or attempt to promulgate or enforce any order, rule, regulation or directive, either written or oral which prohibits or attempts to prohibit any officer or employee from exercising his or their right to free speech, as Constitutionally and legally guaranteed, except that the provisions of this section shall not protect speech or conduct or both, which are clearly disruptive of the work of such officer or employee or his co-workers or which clearly constitutes an act of insubordination to a lawful order or directive of a person in a supervisory capacity, which order or directive is necessary and related to the carrying out of the authorized business of the City, and which is directly related to the assigned duties and tasks of such employee.
(Ord. No. 2160-76. Passed over Mayor's veto 10-4-76, eff. 10-5-76)
(a) Every officer, appointed or elected official or employee in the classified or unclassified service of the City has the right to meet with and discuss any matter, with any other officer, appointed or elected official or employee of the City, where such meetings and discussions are on a voluntary basis and the parties thereto consent to such meeting and discussion; provided such meetings do not unduly interfere with the carrying out of the assigned duties and functions of any of the parties involved.
(b) No person, whether in the classified or unclassified service of the City shall invoke or attempt to invoke any disciplinary or other punitive action or sanctions against any officer, appointed or elected official or employee, whether in the classified or unclassified service of the City, nor shall any person in the classified or unclassified service of the City promulgate or enforce or seek to promulgate or enforce any directive, order, rule or regulation, written or oral, which prevents or seeks to prevent the free exercise of the right provided for in this section.
(Ord. No. 2160-76. Passed over Mayor's veto 10-4-76, eff. 10-5-76)
All existing orders, directives, rules or regulations, whether written or oral, in conflict with and inconsistent with the provisions of Sections 171.49 and 171.50 are hereby declared to be illegal, null and void and unenforceable against any officer, employee or appointed or elected official of the City, whether in the classified or unclassified service of the City.
(Ord. No. 2160-76. Passed over Mayor's veto 10-4-76, eff. 10-5-76)
(a) Notwithstanding any other rule, regulation or ordinance to the contrary, no officer or employee of the City shall, directly or indirectly promote, appoint, assign or transfer, either temporarily or permanently, any officer or employee under his jurisdiction or control, to serve and/or act in a higher capacity, position, classification, grade or rank, other than in his regular and legal classification, when there is in existence an appropriate civil service eligible list for such higher position, classification, grade or rank as the case may be, regardless of whether such employee receives the compensation commensurate with such higher capacity position, classification, grade or rank.
(b) Any such promotion, appointment, assignment or transfer made in violation of this section, shall be considered to be made in violation of the civil service provisions of the City Charter and a fraud upon the impartial execution of the provisions thereof, and shall subject the violator thereof to an immediate forfeiture of office or employment.
(Ord. No. 2501-76. Passed 10-25-76, eff. 11-4-76)
(a) Notwithstanding any other City ordinance, rule or regulation to the contrary, every employee in the service of the City shall have the right at all times to have present and be represented by the counsel of his choice, including legal counsel, at any disciplinary hearing, which includes all the formal or informal preliminary steps, stages or levels of hearings, investigations, or interrogations of any kind, including but not limited to the questioning of any employee, which may result in or lead to any disciplinary and/or criminal charges being brought against any such employee.
(b) Any disciplinary or other proceedings which have been initiated and/or are pending, but not yet consummated or concluded either by way of formal hearing and/or a final order which proceedings were initiated, investigated, or undertaken in violation of the foregoing provisions, shall be forthwith dismissed and the disciplinary proceedings represented thereby shall be forever barred and any affected employee(s) shall be immediately reinstated with full back pay and all other emoluments of office.
(c) Every disciplinary hearing, held in violation of the provisions of this section shall be void ab initio.
(d) Whoever violates or attempts to violate the rights of any employee, as set forth herein, is guilty of a misdemeanor of the first degree.
(Ord. No. 2430-76. Passed 11-15-76, eff. 11-16-76)
(a) There is hereby established a Deferred Compensation Board, consisting of the Mayor, President of Council, Director of Finance and the Director of Law.
(b) The Deferred Compensation Board is hereby authorized to establish and administer a voluntary deferred compensation plan for City officers and employees.
(c) The City, by and through its Director of finance, may contract with any officer or employee to defer any portion of that officer's or employee's income allowed under the plan. The City may, but shall not be obligated to, use the amounts deferred to purchase a fixed or variable life insurance or annuity contract from any life underwriter duly licensed by this State who represents an insurance company licensed to contract business in this State or purchase such other investment as is approved by the United States Internal Revenue Service and the State of Ohio. Such contract or other investment shall be held in the name of and shall be the sole property of the City.
(d) Notwithstanding any other provision of law to the contrary, the Board designated to administer the deferred compensation plan is hereby authorized to invest the moneys held pursuant to the deferred compensation plan in fixed and variable life insurance and annuity contracts or such other investments as are approved by the United States Internal Revenue Service and the State of Ohio.
(e) The deferred compensation plan established pursuant to this section shall exist and serve in addition to any retirement, pension or benefit system established for the benefit of officers and employees of the City and no deferral of income under the deferred compensation plan shall effect a reduction of any retirement, pension or other benefit provided by law.
(f) It is the intention of this section that amounts deferred under the deferred compensation plan by participating officers and employees shall not be considered as income paid to the participants, except for purposes of Municipal income tax. The City shall own and have all rights to any sums deferred pursuant to subsection (c) hereof and any earnings thereon, which sums will not be held in any way as collateral security for the fulfilling of the obligations of the City but shall be held as a general, unpledged, and unrestricted asset of the City until distributed to the participants in accordance with the plan.
(Ord. No. 1896-77. Passed 7-18-77, eff. 7-25-77)
(a) Notwithstanding any agreement, memoranda of understanding, resolutions or ordinances to the contrary, the directors of the several departments of the City may order their respective employees to continue to provide City services as required, regardless of temperature or other weather conditions.
(b) Any agreements, memoranda of understanding, resolutions or ordinances prohibiting City employees from working because of weather conditions, including but not limited to low temperatures, are hereby revoked and of no affect.
(Ord. No. 403-77. Passed 2-14-77, eff. 2-25-77)
On days when schools are closed due to weather conditions, all school crossing guards scheduled to work on such days, shall be compensated at their regular rate of pay and be paid the same as if they had reported to work and had in fact worked the day the school or schools were closed due to weather conditions.
(Ord. No. 2145-79. Passed 11-24-80, eff. 11-28-80)
(a) All officers and employees of the City who are regular active-duty members of any component of the Armed Forces of the United States, or reservists who are called to active-duty to serve in the Ohio National Guard, the Ohio Defense Corps, the Ohio Naval Militia or other reserve components of the Armed Forces of the United States, are entitled to a leave of absence from their respective duties for such time as they are in the military service on field training or active duty. If a City employee's military pay or compensation during such period of leave of absence is less than his or her City pay would have been for such period, he or she shall be paid, by the City, the difference in money between the City pay and his or her military pay for such period.
(b) For purposes of hospitalization, life insurance, vacation leave, sick leave and longevity pay, a person on a military leave of absence shall be deemed to be in the service of the City.
(Ord. No. 1492-05. Passed 8-3-05, eff. 8-9-05)
Each regular full-time employee of the City shall be entitled to receive compensation at his or her regular rate of pay for each normal working day spent in jury service, provided that such compensation shall be paid only upon deposit with the City Treasurer of any remuneration received by any such employee for serving as a juror.
(Ord. No. 1909-81. Passed 2-8-82, eff. 2-10-82)
(a) On September 1, 1984 and on each September 1 of each year thereafter, every City employee who is in one of the classifications listed in Division (b) below and who is required to use privately owned tools in his work for the City shall be entitled to receive a payment of $160.00. On July 1, 1984, and on each July 1 or each year thereafter, each City employee who is in one of the classifications listed in Division (c) below and who is required to use privately owned tools in his work for the City shall be entitled to receive a payment of $240.00. This payment shall be in addition to all other compensation regularly paid to such employee and shall be used for the purchase of insurance covering the privately owned tools required in such employee's service for the City. Each employee shall be responsible for obtaining insurance coverage with and paying the premium to the insurance agent and carrier of his choice, provided that the City shall have the right to ascertain the existence of such insurance coverage.
(b) Employees in the following classifications shall be eligible for the $160.00 benefit provided by this section:
Machinist
Machinist Helper
Machinist Foreman
(c) Employees in the following classifications shall be eligible for the $240.00 benefit provided by this section:
(1) Auto body repairman;
(2) Automobile repairman helper;
(3) Automobile repairman;
(4) Automobile repairman foreman;
(5) Blacksmith;
(6) Garageman;
(7) Tire repairman;
(8) Welder;
(9) Heavy duty mechanic;
(10) Small equipment repairman.
(Ord. No. 1862-84. Passed 10-15-84, eff. 10-18-84)
(a) Effective December 1, 1981, all elected officers, full-time officers and regular full-time employees of the City and its Municipal Court, except members of the building trades paid on the basis of building trades' prevailing wages, are eligible to receive dental insurance benefits. An eligible employee or officer who does not have the same or better coverage provided free by his spouse's or parents' employer shall be provided with employee and dependent dental insurance coverage, subject to such administrative terms and conditions as the Board of Control establishes.
(b) The Director of Finance shall periodically contract for the issuance of a policy of dental insurance on a joint venture basis, which joint venture shall include at least one minority insurance agency, covering all employees and officers who are entitled to dental care benefits pursuant to subsection (a) hereof.
(c) As used in this section, "regular full-time employees" does not include temporary transitory employees or temporary emergency employees.
(Ord. No. 2317-81. Passed 10-5-81, eff. 10-7-81)
Notwithstanding the provisions of Section 171.60 to the contrary, an officer holding the rank of sergeant, lieutenant, captain, deputy inspector or inspector, in the Division of Police, are not entitled to receive dental insurance benefits from the City.
(Ord. No. 2567-81. Passed 11-9-81, eff. 11-13-81)
All city employees, except the Mayor and the Directors of all city departments, and members of Council, shall be entitled to apply for and receive loans and/or grants of federally city-administered funds under existing or future homeowner rehabilitation, repair or home purchasing or building programs, subject to the same laws, ordinances, rules and regulations that apply to non-city employees under any such program.
(Ord. No. 1046-05. Passed 7-13-05, eff. 7-20-05)
(a) All Executive Assistants for Council Members who are chosen by the Council of the City of Cleveland pursuant to Section 31 of the Charter of the City and are employed part-time shall be entitled to the benefits described in Sections 171.32, 171.33 and 171.60 of these Codified Ordinances.
(b) All Executive Assistants for Council Members who are chosen by the Council of the City of Cleveland pursuant to Section 31 of the Charter of the City and are employed part-time shall be entitled to the benefits described in Sections 171.28, 171.30(b) and 171.31 of these Codified Ordinances at the rate of either sixty percent (60%) or eighty percent (80%), depending upon the number of hours worked, of the benefit provided to full-time employees in each of these Sections of the Codified Ordinances.
(c) All Executive Assistants for Council Members who are chosen by the Council of the City of Cleveland pursuant to Section 31 of the Charter of the City and are employed part-time may be entitled to the benefit described in Section 171.30(a).
(d) For purposes of this section, a “part-time employee” is one who works a minimum of twenty-four (24) hours per week and less than forty (40) hours per week.
(Ord. No. 1290-06. Passed 8-9-06, eff. 8-16-06)
(a) All Council Employees who are chosen by the Council of the City pursuant to Section 31 of the Charter of the City and who are employed part-time shall be entitled to the benefits described in Sections 171.32, 171.33 and 171.60 of these Codified Ordinances.
(b) All Council Employees who are chosen by the Council of the City pursuant to Section 31 of the Charter of the City and who are employed part-time shall be entitled to the benefits described in Sections 171.28, 171.30(b) and 171.31 of these Codified Ordinances at the rate of either sixty percent (60%) or eighty percent (80%), depending upon the number of hours worked, of the benefit provided to full-time employees in each of these Sections of the Codified Ordinances.
(c) All Council Employees who are chosen by the Council of the City pursuant to Section 31 of the Charter of the City and who are employed part-time may be entitled to the benefit described in Section 171.30(a).
(d) For purposes of this section, a “part-time employee” is one who works a minimum of twenty-four (24) hours per week and less than forty (40) hours per week.
(Ord. No. 1290-06. Passed 8-9-06, eff. 8-16-06)
(a) Any full-time employee serving in the classification of Airport Safety Chief or Airport Safetyman who is, while so serving, first certified, under the requirements of RC 4731.82 through 4731.99, as having the following additional qualifications shall be entitled to receive incentive pay as follows:
(1) On certification as emergency medical technician-ambulance ("EMT-A") on or after January 1, 1983, a one-time payment of five hundred dollars ($500.00).
(2) On certification as advanced emergency medical technician-ambulance ("ADV EMT-A") on or after January 1, 1983, a one-time payment of two hundred dollars ($200.00).
(3) On certification as emergency medical technician-paramedic ("Paramedic") on or after January 1, 1983, a one-time payment of five hundred dollars ($500.00).
(b) Effective January 1, 1984, any employee serving in a classification listed in division (a) above and certified as EMT-A, ADV EMT-A or Paramedic shall be entitled to receive while so serving and during the continuance of such certification, additional incentive pay for each paid hour worked, as follows:
(1) For certification as EMT-A: Airport Safetyman: Forty cents ($.40) per hour; Airport Safety Chief: Fifty cents ($.50) per hour;
(2) For certification as ADV EMT-A: Fifty cents ($.50) per hour;
(3) For certification as Paramedic: One dollar ($1.00) per hour.
(c) "Paid hour worked" as used in this section includes, in addition to hours actually worked, hours of paid time off such as vacation, sick leave, and holidays.
An employee having two or more of the above mentioned qualifications shall not be entitled to hourly incentive pay for more than one of such qualifications at one time.
An employee may be required to present written evidence proving initial and continuing certification of qualification in the categories used in division (a) of this section.
The incentive pay and additional incentive pay authorized in this section may be paid notwithstanding maximum compensation schedules established by either ordinances relating to compensation.
(Ord. No. 387-03. Passed 3-10-03, eff. 3-11-03)
(a) The Mayor, directors of departments, and such person as a board or commission may designate are hereby authorized to enter into contract with the Industrial Commission of Ohio, Rehabilitation Division for the reimbursement of all or a portion of an officer's or employee's wages, as contemplated by RC Chapter 4121.
(b) Any and all monies received pursuant to contract entered into under subsection (a) hereof as reimbursement for an officer's or employee's wages, shall be credited to the personnel and related expense character of the current appropriation measure of the department, division, office, board or commission employing such officer or employee.
(Ord. No. 2986-84. Passed 1-14-85, eff. 1-18-85)
(a) Whoever violates any provision of Sections 171.38 or 171.39, in addition to any other penalty provided under the Charter, shall be fined not more than one thousand dollars ($1,000), or imprisoned not more than six months, or both.
(b) Whoever violates the provisions of Section 171.46 shall be guilty of a misdemeanor, fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) or imprisoned not more than ten days, or both. Any examination administered or the results thereof used contrary to the provisions of Section 171.46 constitutes a distinct and separate offense.
In addition to the penalties herein prescribed, any officer or employee of the City who violates any of the provisions of Section 171.46 shall be subject to immediate dismissal from City service.
(c) Whoever violates any of the provisions of Sections 171.49 to 171.51 shall be guilty of a misdemeanor of the fourth degree. However, no part of the fine provided for a misdemeanor of the fourth degree shall be waived or otherwise suspended by a judicial officer hearing and deciding the case, and each day a violation occurs constitutes a separate and distinct offense.
In addition to the penalties herein provided, whoever violates any of the provisions of Sections 171.49 to 171.51 shall be subject to disciplinary action, according to the Charter and these Codified Ordinances.
(Ord. No. 2160-76. Passed over Mayor's veto 10-4-76, eff. 10-5-76)
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