[HISTORY: Adopted by the Board of Trustees
of the Village of Potsdam 5-15-2000 by L.L. No. 7-2000.[1] Amendments noted where applicable.]
[Amended 2-19-2001 by L.L. No. 1-2001; 9-16-2002 by L.L. No.
16-2002; 3-2-2009 by L.L. No. 2-2009; 8-23-2016 by L.L. No. 7-2016]
Under this article, the Village of Potsdam shall provide benefits
as enumerated elsewhere in this article to all permanent full-time
and part-time nonunion employees who regularly work more than one-half
the standard workweek hours. Employees shall include the Administrative
Assistant/Senior Account Clerk, Chief of Police, Chief Water/Wastewater/Hydro
Plant Operator, Code Enforcement Officer, Code Enforcement Technician,
Community Development Director, Economic Developer, Museum Curator,
Planning and Development Director, Recreation Director, Recreation
Maintenance Worker, Superintendent of Public Works, Village Administrator,
Village Clerk and Village Treasurer.
[Amended 3-2-2009 by L.L. No. 2-2009; 8-23-2016 by L.L. No. 7-2016]
All provisions of the New York State Noncontributory Improved
Career Retirement Plan, §§ 75-i and 41, Subdivision
j, of the New York State Retirement and Social Security Law, shall
be in force for all employees except the Chief of Police, who shall
have the option of the New York State Noncontributory 1/60 Retirement
Plan, § 75-g, or the New York State Noncontributory Twenty-Year
Plan, § 384-d (special twenty-year plan) and § 41,
Subdivision j, of the New York State Retirement and Social Security
Law.
[Amended 1-7-2002 by L.L.
No. 1-2002; 9-16-2002 by L.L. No. 16-2002; 3-2-2009 by L.L. No. 2-2009; 7-18-2011 by L.L. No. 2-2011; 6-18-2012 by L.L. No. 4-2012; 8-23-2016 by L.L. No.
7-2016]
A.
Employees
shall receive medical, dental, pharmaceutical for the employee and
dependents. The insurance plan and coverages shall be generally equivalent
to one of the plans offered to unionized employees as determined at
the sole and absolute discretion of the Village Board by resolution.
Deductibles and co-pays shall not exceed the highest rate paid by
any unionized Village employees. Employee contributions towards insurance
premiums shall not exceed the highest contribution paid by any unionized
Village employees.
B.
Upon
retirement, coverages shall continue for each retiree on the same
contribution basis as was in effect at the time of retirement. Dependent
coverage for dependents of all employees except the Police Chief shall
be available at the option of the retiree upon the condition that
the retiree make timely payment of the full cost of such dependent
coverage, unless specifically directed otherwise by and at the sole
and absolute discretion of the Village Board by its resolution. The
surviving spouse of a retiree shall have the option of continuation
of coverage, provided that such spouse pays the full cost of such
coverage and that the retiree had elected to obtain dependent coverage
during his or her lifetime.
C.
Upon
retirement, the Chief of Police hired before June 1, 2016, shall have
the option to obtain dependent coverage on a noncontributory basis
if he has a sick leave balance of at least 135 days, or if granted
by the Village Board if the sick leave balance is below that figure.
Chiefs of Police hired after June 1, 2016, shall have the option to
purchase dependent coverage at full cost, unless specifically directed
otherwise by and at the sole and absolute discretion of the Village
Board by its resolution.
D.
All
employees hired after January 2, 2002, shall be required to pay 5%
of the cost for medical, dental, pharmaceutical insurance. All employees
hired after June 1, 2011, shall be required to pay 10% of the cost
for medical, dental, pharmaceutical insurance. All employees hired
after June 1, 2016, shall be required to pay 12% of the cost for medical,
dental, pharmaceutical insurance.
E.
An employee must 1) have 10 years of continuous full-time service with the Village of Potsdam immediately prior to retirement; and 2) have retired directly from the Village; and 3) be at least 55 years of age; and 4) have been granted a retirement benefit from the New York State and Local Retirement System to be eligible for health insurance coverage at full or partial Village expense under Subsection B of this section, unless specifically directed otherwise by and at the sole, absolute discretion of the Village Board by its resolution. However, the Village Board may only decrease and not increase the foregoing requirements by resolution of the Board.
The Village shall provide New York State disability
insurance at a maximum cost of $1.20 per pay period for employees.
A.
The Village shall provide a term life insurance program
for employees. Coverage shall be not less than that of unionized employees,
and the cost to employees shall be not more than that to unionized
employees.
B.
The Village has the option of changing carriers but
must maintain the benefits at equal or greater levels than as they
exist at the time of adoption of this chapter.
C.
In the case of death during employment, earned vacation,
compensatory time and longevity will be paid to the employee's spouse
or estate.
A.
All employees will earn vacation time upon their date
of appointment with credit given for the first month at the following
rate:
|
Years of Service
|
Rate
(days per month per year)
|
Total Annual Days
(working days)
|
|---|---|---|
|
1 - 5
|
1 1/4
|
15
|
|
6 - 10
|
1 1/2
|
18
|
|
11 - 15
|
1 3/4
|
21
|
|
16 - 20
|
2
|
24
|
|
21 and up
|
2 1/4
|
27
|
B.
Vacation earned by an employee may be carried up to
a maximum of 1 1/2 times that employee's annually earned vacation.
(Example: A person with three year's service could accumulate a maximum
of 1 1/2 times 15, or 22 1/2 working days.) Unused vacation
after said maximum accumulation shall be forfeited.[1]
[1]
Editor's Note: Former Subsection B, requiring
employees to be on the Village payroll for one year prior to taking
any vacation, was repealed 6-23-2005 by L.L. No. 3-2005. This local
law also redesignated former Subsections C through E as B through
D, respectively.
C.
Upon termination of employment, any employee shall
be compensated for all earned accumulated vacation, up to the date
of termination, at his/her hourly rate, provided that a two-week written
notice of termination or resignation is given and that separation
is for reasons other than a criminal or disciplinary nature.
D.
The
Village Administrator, Code Enforcement Officer, Recreation Director,
Village Treasurer, Village Clerk, Chief of Police, Planning and Development
Director, Superintendent of Public Works and Museum Director/Curator
shall have an additional five days of vacation added for meetings
they must attend outside of normal working hours.
[Amended 2-19-2001 by L.L. No. 1-2001; 6-23-2005 by L.L. No.
3-2005; 8-19-2019 by L.L. No. 6-2019]
A.
All employees shall receive sick leave credits at
the rate of 10 hours per month for forty-hour employees and 8.75 hours
per month for thirty-five-hour employees. Sick leave not used within
a specific year may be accumulated from year to year with no maximum
limitation.
B.
Sick leave credits shall not be earned for the period
an employee is on leave of absence without pay, or for any reason
taken off the Village payroll. Sick leave shall be taken in hours.
C.
The Village Treasurer's office shall maintain individual
leave records for each eligible employee and provide a quarterly report
of leave credits to all employees.
D.
An employee who is injured on the job and is eligible
to draw workmen's compensation benefits is specifically excluded from
the benefits, except that s/he may use all accumulated leave during
the waiting period before compensation payments begin. If workmen's
compensation benefits are subsequently paid for periods of time that
the employee has received regular wages, said wages shall be reimbursed
to the Village.
E.
The Village shall, upon the request of the injured
employee, supplement said employee's compensation payment to provide
an amount equivalent to his/her normal pay rate by drawing on unused
accumulated leave of that employee. In no case shall an employee on
compensation receive more than his/her normal pay from the combined
sources, Village and compensation benefits, nor shall the Village
make any supplemental payments to the employee after all accumulated
leave has been used, without a resolution from the Village Board.
F.
An employee receiving compensation payments while
off the job shall be considered as being on a leave of absence, and
said absence shall not constitute a break in service.
G.
All employees, except the Chief of Police, shall be
entitled to five days' personal leave, with pay, per year. Unused
leave is not accruable from year to year; however, unused leave may
be converted to sick leave credit. The Chief of Police shall be entitled
to four days' personal leave, with pay, per year. Said leave is not
accruable from year to year.
[Amended 8-21-2000 by L.L. No. 10-2000; 6-23-2005 by L.L. No. 3-2005]
H.
All employees, except the Chief of Police, shall be
entitled to four days' bereavement leave, with pay, per year for death
of employee's or spouse's parent, grandparent, child, brother or sister.
Unused bereavement leave is not accruable from year to year. The Chief
of Police shall be entitled to eight bereavement days with pay, per
year, but a maximum of four days per death. Said leave may be used
upon the death of the employee's parent, spouse, child, brother or
sister, grandparent or spouse's parent, brother or sister. Said leave
is not accruable from year to year.
[Amended 8-21-2000 by L.L. No. 10-2000]
I.
Sick-day payments up to a maximum of 85 days and payable
at a rate of $25 per sick day shall be made to employees upon retirement
for days accumulated over 165 days.
[Added 1-7-2002 by L.L. No. 1-2002]
J.
Employees who have no absences for sick leave, disability
leave, or worker's compensation shall receive $75 per quarter, payable
in the first pay period of the next quarter.
[Added 9-16-2002 by L.L. No. 16-2002]
All employees shall be entitled to the holidays
provided in the contract or normal practice that governs the departments
in which they work.
A.
Schedules.
[Amended 8-21-2000 by L.L. No. 10-2000]
(1)
All employees, except the Chief of Police, shall receive
a longevity payment according to the following schedule:
|
Years of Service
|
Payment
|
|---|---|
|
After 3
|
$300 annually
|
|
After 5
|
$500 annually
|
|
After 10
|
$700 annually
|
|
After 15
|
$900 annually
|
|
After 20
|
$1,100 annually
|
|
After 25
|
$1,300 annually
|
|
Each five-year increment thereafter
|
Additional $200 per year
|
(2)
The Chief of Police shall receive a longevity increase
in salary according to the following schedule:
|
Step
|
Years of Service
|
Annual Payment
|
|---|---|---|
|
1
|
After 3
|
$100
|
|
2
|
After 5
|
$300
|
|
3
|
After 10
|
$600
|
|
4
|
After 15
|
$900
|
|
5
|
After 20
|
$1,200
|
B.
Longevity payments shall be made to each eligible
employee on the payday closest to the first of December of each year.
C.
If an eligible employee is terminated prior to such
payday, s/he will be compensated for the annual longevity increment
for the fiscal year if s/he has reached the anniversary date of his/her
employment with the Village at the time of termination.
D.
If an employee is terminated prior to the anniversary
date of his/her employment, the employee will be compensated for the
annual longevity increment on a pro-rata basis, except in cases of
discharge for cause.
Leave of absence without pay for up to six months
may be granted by the Village Administrator. Such leave shall not
be used for the purpose of seeking other employment. Longer periods
of leave must have the approval of the Village Board.
All employees shall be eligible for maternity
or paternity benefits as set forth in the federal Family Medical Leave
Act, as amended.
[Amended 2-19-2001 by L.L. No. 1-2001; 1-7-2002 by L.L. No. 1-2002; 8-23-2016 by L.L. No. 7-2016]
A.
The following employees are determined to be salaried employees:
Village Administrator, Village Clerk, Village Treasurer, Chief of
Police, Chief Water/Wastewater/Hydro Plant Operator, Code Enforcement
Officer, Community Development Director, Museum Curator, Planning
and Development Director, Recreation Director, and Superintendent
of Public Works.
B.
All other employees covered under this article shall be classified
as hourly employees.
C.
Hours of work. The Village Administrator, Village Treasurer, Chief
of Police, Planning and Development Director, Code Enforcement Officer,
Village Clerk, Chief Water/Wastewater/Hydro Plant Operator and other
nonhourly positions filled after the effective date of this chapter
shall have an average workweek of 40 hours. All other employees covered
under this article shall have an average workweek of 35 hours.
A.
The annual salaries for all employees shall be set
by the Village Board at the annual Village budget adoption meeting.
B.
Hourly employees shall be compensated at 1 1/2
times their hourly rate for overtime worked in excess of 35 hours
per week. Overtime may be earned in the form of cash or in compensatory
time. Compensatory time may be taken with approval of the employee's
department head or may be converted to a cash payment in the first
full payroll period in May of each year.
Pursuant to the laws of the State of New York,
the Village Board determines that the public need is sufficient to
require certain employees hired after the effective date of this article
to reside within the Village of Potsdam corporation limits.
As used in this article, the following terms
shall have the meanings indicated:
The Village Administrator, Chief of Police, Village Clerk,
Village Treasurer and Planning and Development Director.
The actual principal domicile of an individual, where he
or she normally eats or sleeps and maintains usual personal and household
effects.
The boundary which legally defines the corporation limits
of the Village of Potsdam, as it may be amended from time to time.
The Village Board hereby establishes a residency
requirement for specific employees of the Village of Potsdam.
A.
Every employee shall reside within the Village limits
within six months of the date of initial service for the Village.
B.
The Village Board of Trustees may review this requirement
and permit an extension for one six-month period, upon the written
request of the employee and formal resolution of the Board.
C.
While employed by the Village, no employee shall cease
to reside within the Village limits.
D.
This article shall be applicable to all employees
hired after the date of filing of this chapter, and a copy of this
article shall be provided to them. However, the failure of the employer
to provide copies shall not affect the applicability of this Article
to any employee hired after its effective date.
A.
Should it be alleged that an employee subject to the provisions of § 35-17 of this article has not become a resident in or no longer resides within the Village limits, the employee's supervisor or other appropriate municipal official, upon becoming aware of the allegation, shall give the employee written notice of his or her alleged violation and shall allow the employee seven days in which to respond. Notice may be given personally or by certified or registered mail.
B.
Regardless of whether or not a response is received,
a hearing date shall be set to examine the charge of nonresidency.
The employee shall be given notice of the hearing date in person or
by certified or registered mail. The hearing may be conducted by the
entire Village Board or by a designated member of it or by a hearing
officer who is not a member of the Village Board.
C.
Upon a determination by a hearing officer or by a
board conducting the hearing that the employee is a nonresident in
violation of this article, the employee will be deemed to have voluntarily
resigned.
A.
In the event that the Village Board determines that it is in the best interests of the public employer to do so, the provisions of § 35-17 may be waived with respect to a particular person or a particular position in accordance with these standards:
(1)
Lack of applicants. The requirement for residency
may be waived in those instances where the employer has difficulty
hiring persons because of the residency requirement.
(2)
Necessity for nonresidency. The requirements of residency
may be waived, in the Village's sole discretion, in those instances
where it is determined that requiring residency is not in the best
interest of the employer.
B.
The Village shall be required to pass a resolution
which grants such a waiver. Said resolution shall state the person's
name for whom the waiver is being considered, the position being filled,
cite the standard for the residency waiver and shall provide evidence
to back up the standard cited.
C.
In accordance with Village Law § 3-300,
Subdivision 2(a), the Deputy Village Clerk and Deputy Village Treasurer
must reside in the County of St. Lawrence and may be exempted from
the Village of Potsdam's residency requirement.
[Added 7-16-2001 by L.L. No. 7-2001;
amended 1-7-2002 by L.L. No. 1-2002; 8-23-2016 by L.L. No. 7-2016]
Any waiver of the residency requirements which may be granted by a prompt written or oral application of the employee shall be granted at the time of initial employment only, except for the extension provision of § 35-17, which may be granted by the Board. The provisions of § 35-19 of this article shall not be a defense to any action to terminate an employee's employment pursuant to § 35-18.[1]
