[Adopted 7-27-1964 as part of Ch. 7 of the 1964
Code of Ordinances (Ch. 32, Art. I of the 1981 Code)]
[1]
Editor's Note: Many City employees are now subject to the policies
and regulations of the civil service administration of the City. This chapter
applies to the extent that its provisions are not covered by negotiated collective
bargaining agreement.
As used in this chapter, the following terms shall have the meaning
indicated:
One who works a normal forty-hour work week for the City each workweek
of the year, whether such person is paid an hourly wage or is salaried.
The following City officers and employees are required to be bonded
and shall be bonded in amounts as set from time to time by the Common Council:
A.
City Clerk-Treasurer.
B.
City Clerk-Treasurer as Tax Collector.
C.
Deputy Clerk-Treasurer.
D.
Account Clerk-Stenographer.
E.
Constables.
F.
Corporation Counsel.
H.
City Service Officer, Welfare.
I.
Public Health Officer.
J.
Director of Public Works.
K.
Assessor.
L.
Sealer of Weights and Measures.
M.
Parking Meter Collector.
N.
Fire Department Treasurer.
A.
When required by the appropriate head of a department, physical
examinations of employees within such department shall be conducted in order
to determine their respective physical capacity to perform the work assigned
to them.
B.
Each person hired by the City shall submit to a physical examination
by a physician to determine his physical fitness for the position desired.[1]
C.
Any employee absent from his duties for any reason for more than
30 days shall undergo a physical examination to determine his fitness to resume
his active duties.
A.
Computation of sick leave; use of credits.
(1)
Maximum credits. Each employee of the City, exclusive of the
employees of the Police Department, shall be allowed sick leave credits up
to a maximum amount as specified in negotiated labor contracts and/or policies.
After this maximum is reached, no additional sick leave credits may be earned
by the employee except to the extent of restoring credits subsequently drawn
for sick leave and thereby building up accruals again to the maximum.[1]
(2)
Unit for computation. The unit for computation of sick leave
shall not be less than one hour. Credits cannot be earned for the period an
employee is on leave of absence without pay. For the calculation of sick leave
credits, the time recorded on the payroll at the full rate of pay shall be
considered as time "served" by the employee.[2]
(3)
Exceeding accrued credits. Sick leave with full pay shall not
be granted beyond accrued credits.
(4)
Procedure. In order that absence because of personal illness
may be charged to accumulated sick leave, it must be reported by the employee
on the first working day of such absence within such time limit as the department
head may fix.
B.
Obtaining benefits for sick leave. In order to qualify for sick
leave, proof of disability must be provided by the employee satisfactory to
the Common Council. Presentation of a physician's certificate in the prescribed
form may be waived for absences up to one week. Such certificate is mandatory
for absences over one week and, in cases of protracted disability, should
be presented to the Common Council at the end of each month of continued absence.
C.
Sick leave for occupational disease or injury. Any employee who
is necessarily absent from duty because of occupational injury or disease
as defined by the Workers' Compensation Law may use his accumulated sick leave
or accept such compensation as may be awarded by the Workers' Compensation
Board. In the event that accumulated sick leave is used for such absence,
the compensation awarded shall be credited to the City.
Regular compensation shall be rendered any officer or employee of the
City while absent because of death in his or her immediate family or household,
but not because of illness, for a maximum as specified in negotiated labor
contracts and/or policies, upon satisfactory competent evidence of such death.
Regular City employees shall receive a paid vacation as specified in
negotiated labor contracts and/or policies. Vacation rights cannot be accumulated
by employees from one year to another. All vacation requests shall be approved
by the heads of the departments involved before being granted. Employees on
vacation leave shall be subject to immediate recall in the event of an emergency.
The City Clerk-Treasurer shall be authorized to compensate any City
officer or employee who may retire or, upon the death of such full-time individual
while in City service, shall pay to his designated beneficiary all unused
vacation time for that particular year due, but not for prior years, and all
accumulated sick time earned to a maximum as specified in negotiated labor
contracts and/or policies. This benefit is not to be construed as being applicable
to a person voluntarily resigning or being forced to resign for cause. Funds
shall be made available for this benefit from the Emergency Contingency Fund
of the year needed for such purpose, and if not available from such fund,
funds shall be obtained as the Common Council may propose or determine.
The employees of the Street, Sanitation and Water Departments (not receiving)
shall be granted holidays each year as specified in negotiated labor contracts
and/or policies, in addition to those granted to other City employees.
Paydays shall be designated as specified in negotiated labor contracts
and/or policies.
The City shall reimburse any City officer or employee who must appear
in court during his time off from work at his normal rate of salary or wages,
at the discretion of the appropriate head of department. Such reimbursement
shall not exceed 1/2 day's pay or 1/2 day off for a court appearance from
one to four hours, or one day's pay or one day off for a court appearance
from four to eight hours.
A.
Employees of the Street or Water Department who are classified
as laborers shall be paid overtime at the rate of time and 1/2 when it is
necessary for them to work after they have completed their regular week's
work unless otherwise specified in the negotiated labor contracts and/or policies.
B.
Whenever an hourly employee of the Street or Water Department
is called for emergency work, said employee shall receive a minimum of three
hours' pay and shall be compensated at 1 1/2 times his regular rate of
pay after two hours of work on each occasion called, unless otherwise specified
in the negotiated labor contracts and/or policies.
Sufficient funds shall be and are duly appropriated for those authorized
purposes commonly termed "fringe benefits," which are applicable to and restricted
to full-time officers and employees of the City.
The City hereby elects to come under the provisions of Chapter 339,
Laws of 1960, titled "An Act to Amend the Retirement and Social Security Law,
in Relation to the Addition of Pensions Providing for Increased Take-Home
Pay, Death Benefits, and Reopening of a Plan for Retirement at Age 55," as
amended,[2] for the purpose of providing death benefits and pensions and providing
for increased take-home pay.
A.
Social security insurance benefits provided.
(1)
The City, pursuant to § 218 of the Federal Social Security
Act and Article 3 of the Retirement and Social Security Law, shall provide
social security insurance coverage for eligible officers and employees.
(2)
The City Clerk-Treasurer shall be authorized to represent the
City and shall comply with the regulations of the Director of the State Social
Security Agency designed to extend social security insurance coverage to positions
of officers and employees pursuant to § 218 of the Federal Social
Security Act and Article 3 of the Retirement and Social Security Law.
B.
Retirement age for laborers. All employees in the labor class
in the City departments who are not members of the New York State Employees'
Retirement System shall be retired as specified in negotiated labor contracts
and/or policies.
An Employee Grievance Committee, consisting of the Chairman of the Street
Committee of the Council as Chairman, and the Chairmen of the Finance, Police
and Water Committees of the Council as members, is hereby constituted to investigate
and inquire into employee complaints and grievances.
