The ordinances of the city and the rules and
regulations of all officers and boards thereof in force at the time
this act takes effect [May 6, 1918] shall continue in full force and
virtue until changed, rescinded, or altered by the proper authorities.
The place of trial of all actions or proceedings
against the city or any of its officers, boards or departments shall
be in the County of Albany.
Every process commencing an action against the
city shall be served on the mayor, and not otherwise.
Any person who may be required to take any oaths
or affirmations, or to make any affidavit or statement under oath
or affirmation, in any matter pending before the council, or any hearing,
trial or matter pending before any city officer empowered to hear
or determine any such trial or matter, who shall under such oath or
affirmation, or in any such statement under oath or affidavit, willfully
swear falsely to any material fact or matter, shall be guilty of perjury.
All employees of the City of Watervliet, who
are employed on a five day work week basis, and who have been regularly
employed for at least twelve (12) consecutive months shall be granted
fifteen (15) working days vacation per year with pay. After January
1, 1957, such employees shall earn their respective vacations at the
rate of one and one-quarter (1 1/4) days per month for the following
year
For the purpose of this local law members of
the police and fire departments shall be deemed to be employed on
a five day work week basis.
In addition to vacation time granted as aforesaid,
each employee shall be granted fifteen (15) working days for sick
leave with pay. Sick leave shall not be allowed by the general manager
for more than three working days in succession without submission
of a doctor's certificate. At the discretion of the general manager
an employee shall be allowed to use, as sick leave, vacation period
granted yearly. Employees shall earn their sick leave at the rate
of one and one-quarter (1 1/4) days per month, and an accumulation
of one hundred and fifty (150) days over a ten-year period will be
allowed and so limited.
In no event shall the general manager allow
time off with pay in excess of thirty (30) days per year to an employee
employed on a five day week basis or in excess of thirty-three (33)
days per year to an employee employed on a six day week basis.
However, and not withstanding the foregoing,
and as a regard for faithful service, present employees who have been
in the employ of the city for a period of one or more years prior
to the date of the adoption of this local law [January 27, 1972] shall
be allowed an accumulation of fifteen (15) days sick leave per year
up to a limit of one hundred and eighty (180) days.
In addition those city employees who have been
employed more than ten (10) successive years at the time of the adoption
of Local Law No. 2-1954 [June 1, 1954], shall be allowed an additional
accumulation of two (2) days per year for each year of service exceeding
ten (10) Years for a maximum of thirty (30) days.
The monetary value of accrued but unused sick
leave shall be paid to city employees upon said employee's normal
retirement or disability retirement from city employment the value
thereof to be computed in accordance with the annual pay then being
received by such employee.
Department heads shall keep records of sick
leave.
In the event that an employee of the City of Watervliet dies while in the employment of the city, or in the event said city employment is otherwise terminated, the monetary value of accrued but unused holidays time off and vacation time off, shall be paid to the beneficiary designated by said employee for retirement purposes, or in the event of termination, directly to the employee, the value thereof to be computed in accordance with the annual pay then being received by such deceased employee. No such benefits shall be payable hereunder when an employee is terminated pursuant to disciplinary proceedings as provided in section 75 of the New York State Civil Service Law.
This local law shall not apply to occasional,
seasonal or part-time employees employed by an hourly, daily or weekly
basis.
The head of each department shall file weekly,
with the general manager, on report forms approved by him, a record
of each employee in his department showing the days worked and the
days absent, and for such absence he shall show the reason therefor.
The general manager shall cause such record
to be checked against the payrolls of the various departments and
shall not approve any payroll not in conformity with these rules.
On or about March 15th of each year, the general
manager shall submit to the council a report which shall be made a
part of the minutes of this council, showing the names of each employee
of the city, the number of days vacation taken and the number of days
sick leave taken by such employee.
A working day shall consist of eight hours. (L.L. No. 2-1954; L.L. No. 1-1957; L.L. No. 1-1968; L.L. No. 4-1969; L.L. No. 1-1972, § 1, 1-27-1972)
[1]
Editor's Note: This section was originally
derived from L.L. No. 2-1954, adopted 6-1-1954, as amended, which
local law purported to amend and supplement the Charter of the city
but which did not assign a section number to the amendment. Therefore,
the amendment has been given a section number and inserted.
All acts and parts of acts inconsistent herewith
are repealed so far as they affect the City of Watervliet, and chapter
one hundred and eighty-four of the laws of nineteen hundred and eleven,
chapter six hundred and seventy-five of the laws of nineteen hundred
and fifteen, and chapter two hundred and eighty-six of the laws of
nineteen hundred and sixteen and chapter four hundred and forty-four
of the laws of nineteen hundred and seventeen are hereby repealed.
This act shall take effect immediately. (L.
1918, c. 462, became effective May 6, 1918)
