City of Ogdensburg, NY Personnel Policies and Procedures

Editor's Note: See also Art. XII, Sexual Harassment, of these regulations.

Affirmative action. It is and shall continue to be the goal of the City to establish and maintain an integrated and balanced work force with a sexual and racial composition similar to that of the area's total labor force (see Council resolution dated January 22, 1979, Appendix A[2]).

Editor's Note: The Council resolution dated 1-22-1979 (Appendix A) is on file and available for inspection in the office of the City Manager.

Training and development. The City shall develop training programs and support career education programs that provide academic knowledge and job skills for permanent employees. Employees shall be encouraged to participate in career development programs. Subject to budget limitations and department head approval, employees shall be afforded time off from work to attend job related training and work schedules shall be adjusted to allow regular classroom attendance.

§ AR-6 Employment procedures.

Personnel requisition. The first step to be followed in the process of filling a position is for a department head to complete and submit to the City Manager a personnel requisition form (see Appendix C[1]). The personnel requisition form certifies that the position must be filled, that budgeted funds are available for the position and that the position has been authorized by the City Council in the personal service detail of the City budget. One copy of the approved form will be retained in the City Manager's office and one copy will be returned to requisitioning department. If the position is a classified, budgeted position, then the recruitment process may begin as soon as the requisition form is approved.

Editor's Note: The personnel requisition form (Appendix C) is on file in the office of the City Manager.

Position classification. New positions, informally authorized to be filled by the Manager, but not previously classified by the St. Lawrence County Human Resources Department, must be described on a position classification questionnaire. In addition, the department requesting the new position should prepare a position description for St. Lawrence County Human Resources Department review. The St. Lawrence County Human Resources Department will approve the job specification and title and classify the position. Once the new position has been titled and classified, the City Manager will request the City to amend the department's personnel service detail and budget (if necessary). Only after the position has been appropriately titled, classified and budgeted, will the City Manager sign the personnel requisition form, thereby authorizing commencement of the recruiting process.

Recruiting. In accordance with the City's affirmative action plan, department heads shall aggressively seek qualified minorities and women for all job levels, including professional, supervisory and managerial positions. The City Clerk, who has been designated by the City Manager as Personnel Aide and Affirmative Action Officer shall be responsible for coordinating all recruitment efforts and for ensuring that affirmative action procedures are followed (see Appendix A[2]).

Editor's Note: The Council resolution dated 1-22-1979 (Appendix A) is on file and available for inspection in the office of the City Manager.

Testing and selection.

Department heads have the primary responsibility for the final selection of employees, subject to the approval of the City Manager and subject to applicable rules and regulations of the St. Lawrence County Human Resources Department. Department heads will be appointed by the City Manager, subject to City Council approval. Provisional appointments to competitive positions may be made in the absence of a civil service list, but this practice shall be discouraged when the position requires expensive on-the-job training that could be wasted if the provisional appointment is not made permanent.

All candidates for City positions must complete the standard New York State Civil Service employment application form (see Appendix E[3]).

Editor's Note: The standard New York State Civil Service employment application form (Appendix E) is on file in the office of the City Manager.

All new permanent or probationary appointments shall be made subject to a pre-employment physical examination. In addition, appointments to uniform police and fire positions shall be made subject to agility examinations.

[Amended 1-11-2010 by Ord. No. 1-2010]

In order to reduce the City's exposure to unemployment, compensation claims, summer, seasonal, temporary and part-time appointments shall be restricted to applicants who provide evidence that they will be returning to school or other full-time employment following their period of employment with the City.

Appointments.

Appointments shall be recorded on supplemental payroll certification and report of personnel change forms, MSD 426, (see Appendix F[4]). New appointments, promotions, suspensions, and forced terminations must be recorded on an MSD 426 form, which must be signed by the Department Head and counter signed by the City Manager and St. Lawrence County Human Resources Department. One copy of the approved MSD 426 shall be forwarded to the Payroll Office, a second copy will be forwarded to the Personnel Office, and a third will be returned to the department.

[4]

Editor's Note: The supplemental payroll certification and report of personnel change forms (Appendix F) are on file in the office of the City Manager.

Appointees must report to the Payroll Clerk for employment processing prior to their first day of scheduled City work. A checklist will be given to each new employee to ensure that all enrollment materials have been issued and all benefit options explained (see Appendix G[5]).

[Amended 1-11-2010 by Ord. No. 1-2010]

[5]

Editor's Note: Appendix G is on file in the office of the City Manager.

§ AR-6.1 Seasonal employees.

Hiring preference. The following preference ranking will be assigned for the hiring of seasonal or temporary student employees by departments within the City of Ogdensburg.

[Amended 9-9-2013 by Ord. No. 14-2013]

First hiring preference: City of Ogdensburg residents.

College students first (maximum four years of employment with the City as a college student); then

High school students over 16 years of age (maximum of two years of employment with the City as a high school student).

Second hiring preference: employees with previous satisfactory employment experience with the City of Ogdensburg in the area that they are being considered for.

Third hiring preference: where necessary skills, education or certification (for example, lifesaving) is not available through the first or second preference categories, then department heads are permitted to hire temporary employees residing within the Enlarged Ogdensburg City School District. Should a qualified employee not be found within the school district, department heads are free to hire from within St. Lawrence County.

Internships. Where a college or university student is employed through an internship or co-op program sponsored by that institution in the student's major field of study, the above preference directive shall not pertain. However, an Ogdensburg City resident in such a program should still receive priority over an intern applicant from another area.

Written evaluation. All seasonal and/or temporary employees shall be evaluated at the end of their term of employment by their supervisor and/or department head using the appended evaluation form.[1] Such employees shall be rehired for future temporary terms only with a satisfactory evaluation from a preceding term of employment.

Editor's Note: The evaluation form is on file in the office of the City Manager.

§ AR-7 Employment records.

Central records.

A single personnel file on each employee shall be maintained by the St. Lawrence County Human Resources Department. Each personnel file shall contain the following only:

A copy of the employee's civil service application (if available), and all correspondence relevant to examination.

Copies of all MSD 426 forms.

Annual performance evaluations.

Letters of reprimand and commendation.

(e)

Medical and civil service test results and certified civil service lists.

In addition, the Personnel Aide shall maintain a permanent historical record (roster card) of each employee's appointment, position changes, salary increases, civil service status, etc.

Payroll withholding forms, including W-4's, union deductions, savings bond deductions and deductions for life insurance, disability insurance, sick and accident insurance, supplemental life insurance and insurance enrollment cards shall be maintained by the Payroll Clerk in the Department of Finance. The Payroll Clerk shall also maintain retirement enrollment records.

Record maintenance. All personnel records shall be reviewed by the Personnel Aide at least once every three years. Performance evaluations and letters of reprimand or commendation or related materials that are more than five years old shall be removed from the file and returned to the employee. Unsubstantiated complaints against an employee should not be retained after an adequate investigation of the complaint has been conducted.

Record access.

Employees shall be entitled to review and receive copies (upon request) of all materials within their personnel file. Only the employee's immediate supervisor, department head, City Manager and Personnel Aide may have access to an individual's personnel file.

Employees shall have the right to insert in their personnel file a response or explanation to any item contained in their file.

§ AR-8 Performance evaluations.

Every employee of the City shall receive at least an annual evaluation of their job performance. Every probationary employee shall receive at least a quarterly job performance evaluation.

Performance evaluations shall be used for the following purposes:

For feedback and counseling, specifically for determining areas of employee dissatisfaction, frustration, etc.; for eliciting employee suggestions for improvements to the work environment, work flow, productivity, etc.

For commending the employee for work well done or particularly strong performance and for pointing out areas of job performance that need improvement.

For identification of training needs and career aspirations, for identifying what additional training employees believe they need for their present job and for their next job; and for providing an opportunity for supervisors to discuss with employees areas where they think additional training would be helpful.

For establishing performance goals and objectives so that employees have a clear understanding as to what is expected of them and so that performance can be objectively evaluated.

For future promotions and job transfers where the competition for a promotion or transfer is between two or more qualified individuals.

For disciplinary documentation to record failure to meet established performance objectives or behavioral standards (chronic tardiness, excess absenteeism, etc.).

For merit pay increases, as per the City Executive Compensation Program.

Evaluation procedures.

A standard evaluation form is provided for use by supervisors (Appendix A);[1] however, the actual form used (if any) and the evaluation procedure followed shall be left to the discretion of each department head, since specific performance requirements and skills vary between departments. Evaluation procedures must, however, be applied uniformly and consistently within each department. All forms must conform to the standards as described in the City's executive compensation program.

Editor's Note: The standard evaluation form (Appendix A) is on file in the office of the City Manager.

At a minimum, an annual counseling session with each employee shall be held for the purpose of discussing the employee's job performance and supervisor's evaluation. In lieu of a formal evaluation form, a written summary of the counseling session may be prepared by the supervisor for filing in the employee's personnel file. Where more than one individual supervises an employee, each supervisor should participate in the evaluation process.

§ AR-9 Executive compensation program.

Salary administration policies.

Introduction.

The basic purpose of the administrative salary program is to ensure that the City of Ogdensburg is able to attract, retain and motivate competent non-represented personnel. To this purpose, the following five objectives are established for the executive compensation program:

To establish a salary and benefits structure that is competitive in the external marketplace.

To establish proper internal position relationships based on job content and responsibilities.

To provide a system whereby individual salary increases are related to satisfactory performance and to experience in title.

[4]

To provide a system that allows management to take proper salary action within prescribed limits.

[5]

To provide an annual administrative budget based on objective criteria such as cost-of-living factors, market conditions, negotiated settlement with the CSEA salaried unit and the City's ability to pay increased salaries and benefits.

All administrative positions not represented by a collective bargaining agreement will be covered.

Maintaining a competitive position in the marketplace.

To implement this policy, the administrative salary structure will be reviewed annually by the City Manager and Executive Compensation Committee (appointed by the Mayor and Council). Such review will include consideration of:

Published salary information.

Specialized municipal salary surveys that would provide pertinent and specific information.

Consumer price index changes from the previous year.

This Executive Compensation Committee will also be responsible to maintain proper internal position relationships.

The Executive Compensation Committee consisting of three Council members shall be appointed by the Mayor and City Council, for one-year terms, at each January 1 reorganizational meeting.

[Amended 11-10-2014 by Ord. No. 15-2014]

Each year, the salary ranges for each position will be adjusted for Tier I employees within the CSEA salaried unit. Such an increase for non-represented employees will take place at the same time as it does for said CSEA employees. A percentage adjustment to the range will be reflected also for each step in that range.

(e)

Adjustments will be effective January 1 of the new fiscal year, to the extent that the negotiated CSEA salaried contract is also effective on that date.

(f)

Salary increases will be administered as outlined in Part II of this program.

Starting salaries.

A newly hired or promoted employee with minimal experience is normally assigned a salary at the minimum of the salary range. Starting salaries in excess of the minimum may be warranted because of experience and current market condition. Newly hired or promoted employees may receive a salary below minimum of the established range if such action is felt justified by the immediate supervisor and City Manager. However, the salary level should be increased to at least the minimum of the range within three to six months after hire or promotion, following a successful evaluation.

A starting salary within the middle 50% of the range would be warranted if the following conditions exist:

The scarcity of well-qualified individuals makes it impossible to hire the desired candidate at a lesser salary.

The level of experience and competence exceeds that of other administrative personnel in salary range whose compensation is less than that of the candidate.

The level of experience is equal to that of other administrative personnel in the position or range.

[4]

Indications of professional competence and achievement from an accreditation agency such as a professional engineer's license, a CPA, a CMC, Certified Manager, AICP, etc.

Starting salaries above the midpoint of the range must be approved by the City Manager before a salary offer is extended.

Progression through the salary range.

Employees will progress through the salary range on the basis of satisfactory performance. Personnel will be reviewed annually by the City Manager or their immediate supervisor.

If it is determined that a person's performance does not warrant a salary increase, he or she will be counseled by the immediate supervisor, and a date will be established at which time performance will again be reviewed. If there has been no improvement in performance by the next review date, termination may be considered.

Position descriptions.

A description will be prepared and maintained for each administrative position.

The description will contain a summary of responsibilities and basic goals and objectives of the position.

Descriptions will be reviewed annually by an individual designated by the City Manager to determine if there has been any substantial change in responsibility.

Reclassification of positions.

It is recognized that from time to time changes in responsibility may warrant reclassification of a position into a higher (or lower) grade level.

The following procedures will be followed in requesting reclassification of a position:

A new description will be prepared by the recommending supervisor and submitted to the City Manager or his or her designee;

The Executive Compensation Committee will review the position to determine the proper grade level, and a recommendation on the grade level will be made by the City Manager; and

Reclassification will not be effective without approval of the City Manager and the City Council.

A position will not be reclassified in a higher level grade merely to support a salary increase for an individual. There must be a measurable change of responsibilities that can be compared with other positions in the recommended grade level.

In some instances, new or increased responsibilities may be reflected in an annual flat-rate stipend.

Administration of the executive compensation system. The City Manager will be responsible for administration and maintenance of the executive compensation system.

Step/grade schedule.

Schedule A reflects the 1990 non-represented employees salary schedule with respective schedule steps underlined for each position.[1]

Editor's Note: Schedule A and the annual adjustments are on file in the City Comptroller's office.

Each step on each schedule will be adjusted by the negotiated percentage increase as applied to the Tier I CSEA salaried unit schedule; such adjustments will be made effective with that of the CSEA salaried unit.

Each position covered by these policies will have a job-specific performance evaluation to be filled out annually for each individual on or before December 15. A satisfactory evaluation will be required as a prerequisite for movement from Step A to Step B. All increases covered by this section will be effective with the CSEA salaried unit negotiated contract. Personnel hired or promoted to a new position after July 1 will not be eligible for movement from step to step during the following calendar year. The City Manager will be responsible for the development or amendment of the format used to establish satisfactory or unsatisfactory performance.

Salary approval process.

The Executive Compensation Committee will evaluate and establish the salary level for the City Manager based on performance and external market trends.

The form and content of the City Manager's evaluation conducted by the Executive Committee shall be determined by the Executive Compensation Committee.

The City Manager will approve the evaluation and salary increases for the individuals covered by this policy (all non-agreement personnel) in accordance with established increase guidelines.

It will be the responsibility of the City Manager to review and monitor all salary increase recommendations for consistency and equity.

Promotional increases. Personnel promoted to a higher salary grade will receive an increase at the time of promotion (and will be reviewed annually thereafter). The basic adjustment will be at least the minimum of the new salary grade.

Salaries above the range maximum.

Personnel will not be paid beyond the maximum of the approved salary range except in rare and unusual circumstances and on the approval of the Executive Compensation Committee and the City Council. Salaries paid above the maximum of the salary range will be considered "red circle rates."

Except in rare and unusual circumstances, personnel paid at these rates will not receive additional increases until the salary range for their position exceeds their current base compensation level. Occasionally the market demand may warrant salaries beyond the established range maximum. These will be handled on an exception basis. Before any employment offer or salary increase recommendation is made in such cases, it will be the responsibility of the City Manager to ensure that the recommendation is justified and will not adversely affect established internal salary relationships.

§ AR-10 Distribution of payroll checks.

All undelivered paychecks are to be returned to the City Treasurer's office not later than one working day subsequent to the day on which paychecks are distributed, except in cases where an employee's supervisor has knowledge that an employee will return to work within 48 hours.

Employees who wish to obtain their paychecks prior to the designated payday must satisfy the following criteria:

Employees must have an approval for a vacation, personal or compensation day off on the payday.

Employees obtain prior approval for an early check from the supervisor.

Paychecks will never be dated earlier than their regular day.

Employees are to receive their paychecks from their supervisors only.

The Finance Department can only release paychecks to designated management personnel.

§ AR-11 Overtime administration.

When the work of a department cannot be completed during the regularly scheduled work period or if unusual conditions arise, a supervisor may ask an employee to work extra hours. Compensation for extra hours shall be on the following basis:

Department heads and their designated supervisory personnel are authorized to schedule, authorize and approve overtime.

All overtime worked shall be preapproved by the above, with the exception of emergency situations.

Overtime administration shall follow the guidelines of federal and state laws.

Overtime administration shall be in accord with controlling collective bargaining agreements.

Department heads shall account for overtime expenditures as follows:

Weekly overtime reports are to be completed and submitted as outlined in the attached memo of July 24, 1984.[1] As an addition, the report must contain the name of the authorized person who pre-approved the overtime. This addition will be included under the heading "reason."

Editor's Note: The memo dated 7-24-1984 is on file in the office of the City Manager.

Monthly overtime report. On a monthly basis, the department head is to report to the City Manager the following:

Monthly overtime expenditure.

Year-to-date overtime expenditure.

Year end projection of overtime expenditure.

§ AR-12 Workers' compensation for non-uniformed personnel.

Policy. All non-uniformed part-time, temporary, seasonal and full-time employees are covered by workers' compensation insurance for any injury occurring on the job. Workers' compensation insurance shall be provided through the self-insurance pool administered by Saint Lawrence County.

Compensation procedure.

Department heads must complete and sign a C-2 form (see Appendix A[1]) when informed of an on-duty injury. If there is any doubt as to the validity of the claim, phraseology must be used such as "it is alleged by the employee that . . . . ." or "the employee claims that . . . . ." If the validity of the claim is questioned, a note should be attached to the claim drawing attention to any possible discrepancy. Five copies of the C-2 form must be completed and submitted to the Comptroller's office for distribution as follows: one copy (original) to the New York State Worker's Compensation Board, one copy to the Administrator of the County Plan, one copy to the City Attorney, one copy to the Personnel Office and one copy to the City Manager's office.

Editor's Note: The C-2 form (Appendix A) is on file in the office of the City Manager.

During the first seven days following the incident, the employee's absence shall be charged to accumulated sick leave.

If the absence is greater than seven days, but less than 15 days, workers' compensation will reimburse the City for 66 2/3% of the employee's salary (up to $215 per week) for Days eight to 14 (assuming the injury is found to be compensable). The employee's sick leave accrual should be credited with 66 2/3% of the sick days used between Day 8 and Day 14.

If the absence is 15 days or longer, worker's compensation will reimburse the City for 66 2/3% of the employee's salary from Day 1. The employee's sick leave accrual should, therefore, be credited with 66 2/3% of the sick days used during the entire period of compensable absence.

If or when accumulated sick leave is exhausted, the employee will only receive a maximum allowable workers' compensation allowance. The City will continue to contribute towards the employee's individual and dependent healthcare coverage during a compensable absence.

All medical claims incurred as a result of a compensable injury must be submitted to and will be paid by workers' compensation.

Departmental operating budgets will be reimbursed by any salary payments received from workers' compensation.

§ AR-13 Workers' compensation for uniformed personnel.

Policy. All uniformed personnel are covered by workers' compensation benefits under General Municipal Law § 207-a (fire personnel) and § 207-c (police personnel), which call for full salary payments during the period of compensable absence (until retirement).

Compensation procedure.

Department heads must complete and sign a C-2 form when informed of an on-duty injury. Any injury that might conceivably be permanently disabling must also be reported to the State Retirement System (return receipt requested). If there is any doubt as to the validity of the claim, phraseology must be used such as "it is alleged by the employee that . . . . ." or "the employee claims that . . . . ." If the validity of the claim is questioned, a note should be attached to the claim drawing attention to any possible discrepancy. Five copies of the C-2 form must be completed and submitted to the Comptroller's office for distribution as follows: one copy (original) to the New York State Worker's Compensation Board, one copy to the Administrator of the County Plan, one copy to the City Attorney, one copy to the City Manager's office.

Unless the validity of the claim is questioned, the employee's accumulated sick leave will not be charged during the compensable absence. If the validity of the claim is questioned, the employee's accumulated sick time will be charged until the validity of the claim is established. If the claim is then found to be valid, the employee's accumulated sick leave will be credited for sick time used as a result of the injury.

The employee will remain on the payroll at full pay until he or she is able to return to work.

During a compensable absence, the City will continue to contribute towards the employee's individual and dependent healthcare coverage.

All medical claims incurred as a result of a compensable injury must be submitted to and will be paid by workers' compensation.

Departmental operating budgets will be reimbursed by any salary payments received from workers' compensation.

Immediately upon a determination that a compensable injury will be permanently disabling, the employee or the department head shall make an application to the New York State Retirement System for accidental disability retirement.

§ AR-14 Code of Ethics. [1]

Every officer and employee of the City shall be subject to and shall abide by the Code of Ethics, Chapter 27 of the Code of the City of Ogdensburg.

Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. III.

§ AR-15 Public addresses by City employees.

Department heads and members of the administrative staff are called upon from time to time to address service clubs and groups on various phases of City operations. This activity is extremely helpful in interpreting the City problems to the citizens and is of aid and assistance to the City Council and the City Manager.

In order that the City Manager may be informed of the various subjects that are being discussed by the staff at such meetings, the Manager's office will be notified ahead of the time when this speech or address is to be made and the general subject thereof.

§ AR-16 Attendance at City Council meetings.

Department heads are required to attend City Council meetings that contain agenda items pertaining to their departments. Staff and department heads are not expected to be in attendance at City Council meetings during the entire session, but they should be in attendance for the item pertaining to their area. The following administrative policy has been adopted to guide the department heads regarding attendance:

Department heads shall review the City Council agenda before 9:00 a.m. on the Monday of the meeting.

Department heads shall be present at the Council meeting only as long as items affecting their department are on the agenda.

The City Attorney, City Comptroller and City Clerk will be required to be present throughout the session.

Either the Director of Public Works or the City Engineer, or both, should be present through the meeting due to possible questions affecting that Department.

Either the Police Chief or the Police Lieutenant, or both, should be present through the meeting due to possible questions affecting that Department.

Division heads need not be present unless requested by the department heads.

§ AR-17 Procedures of City Council meetings.

[Amended 9-10-2001 by Ord. No. 12-2001; 8-10-2015 by Ord. No. 14-2015]

Authority.

1.1.

Charter. Section C-16B of the City Charter of the City of Ogdensburg provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules adopted in the manner provided by these rules.

General rules.

2.1.

Meetings to the public. Except as allowed by law, all meetings of the Council shall be open to the public. The minutes of the proceedings shall be open to public inspection.

2.2.

Quorum. A majority of the members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

2.3.

Compelling attendance. The Council may adjourn from day to day to compel the attendance of absent members.

2.4.

The minutes of proceedings. An account of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council.

2.5.

Ordinances: confined to one subject, exceptions. No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code or an ordinance adopting a code of ordinances, shall relate to more than one subject, which shall be clearly stated in its title.

2.6.

Right of floor. Any member desiring to speak shall be recognized by the Chair, and shall confine his or her remarks to the one subject under consideration or to be considered. Each Councilor shall be given an opportunity to speak on an issue. Councilors who have spoken shall reserve further remarks until all other Councilors have been given the opportunity to speak.

2.7.

City Manager. The City Manager or designated agent shall attend all meetings of the Council. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote.

2.8.

City Attorney. The Attorney shall attend all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian.

2.9.

City Clerk. The City Clerk shall attend all meetings of the Council unless excused and shall keep the official journal (minutes) and perform such other duties as may be requested by the Council.

2.10.

Officers and employees. Department heads of the City, when there is pertinent business from their department on the Council agenda, shall attend such Council meetings upon request of the City Manager.

2.11.

Rules of order. Except as provided by law, the Charter of the City of Ogdensburg and these rules, "Roberts Rules of Order Revised" shall govern the proceedings of the Council.

2.12.

(Reserved)

2.13.

Business. The policy-making business, which is everything on the agenda, is to be conducted by the elected officials.

Types of meetings.

3.1.

Regular meeting. The Council shall meet in the City Council Chambers for regular, adjourned and special meetings. The regular Council meetings are to commence at 6:00 p.m., on the second and fourth Monday of each month, except in the month of December when regular Council meetings shall be held on the first and second Monday of the month.

[Amended 12-14-2020 by Ord. No. 17-2020]

3.2.

Special meetings. Special meetings may be called by the Mayor or the call of two or more members of the Council and upon no less than 24 hours' written notice. The call for a special meeting shall be filed with the City Clerk in written form, except an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour and the location of the special meeting and shall list the subject or subjects to be considered. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto.

3.3.

Adjourned meetings. Any meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting.

3.4.

Committee of the Whole Council. The Council may meet informally in Committee of the Whole Sessions (open to the public), at the call of the Mayor or of any four members of the Council, to review forthcoming programs of the City, receive progress reports on current programs or projects or receive other similar information from the City Manager, provided that all discussions and conclusions thereon shall be informal.

3.5.

Executive session. Executive sessions or closed meetings may be held in accordance with the provisions of the Open Meetings Law. Executive sessions may be held during regular, special or committee meetings.

3.6.

Attendance of media at Council meetings. All official meetings of the City Council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meeting.

Chair and duties.

4.1.

Chair. The Mayor, if present, shall preside as Chair at all meetings of the Council. In the absence of the Mayor, the Deputy Mayor shall preside. In the absence of both the Mayor and the Deputy Mayor, the Council shall elect a Chair.

4.2.

Call to order. The meetings of the Council shall be called to order by the Mayor, or in his absence, by the Deputy Mayor. In the absence of both the Mayor and the Deputy Mayor, the meeting shall be called to order by the City Clerk for the election of a temporary Chair.

4.3.

Preservation of order. The Chair shall preserve order and decorum, prevent attacks on personalities or the impugning of members' motives and confine members in debate to the question under discussion.

4.4.

Points of order. The Chair shall determine all points of order, subject to the right of any member to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the Chair be sustained?"

4.5.

Questions to be stated. The Chair shall state all questions submitted for a vote and shall call for the vote. The Clerk shall announce the result. Unless otherwise allowed, a roll call vote shall be taken in the manner provided in Section 6.9 of these rules.

4.6.

Substitution for Chair. The Chair may call may call any other member to temporarily chair the meeting to cover a temporary absence, such substitution not to continue beyond adjournment.

Order of business and agenda.

5.1.

Order of business. The general rule as to the order of business in regular meetings shall be as follows:

Pledge of Allegiance.

Roll call.

Approval of minutes.

Public hearings.

Citizen participation.

Reading of communication.

Consent agenda.

Action items.

Old business.

10.

New business.

11.

Citizen participation.

12.

Executive session.

13.

Adjournment.

5.2.

Agenda. The order of business of each meeting shall be as contained in the agenda prepared by the City Manager. The City Council agenda will be closed the Thursday prior to the Monday meeting at 12:00 noon. Items submitted by department heads to be included on the agenda should be in proper form and in the Manager's office by this time. All items submitted for the agenda shall have a completed agenda bill signed by the department head. The agenda shall be a listing by topic of subjects to be consider by the Council, and shall be delivered to members of the Council at least 24 hours preceding the meeting to which it pertains. Department heads shall be responsible for summarizing materials for the agenda in a form which can be incorporated on the agenda in sufficient detail, with background information which adequately explains the need for the action recommended. Reports being prepared for City Council communications must be in the Manager's office allowing enough time to give the City Manager an opportunity to review and incorporate additional material if necessary.

5.3.

Presentation by members of Council. The agenda shall provide a time when the Mayor or any Councillor may bring before the Council any business that he/she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Council meeting, except that immediate action may be taken upon a vote of two-thirds of all members of the Council.

Local Laws, ordinances, resolutions and motions.

6.1.

Form. Local laws, ordinances and resolutions shall be presented to the Council only in printed or typewritten form.

6.2.

Funding. All local laws, ordinances or resolutions authorizing an expenditure of money shall include the exact source of the funds to be expended.

6.3.

City attorney to approve. The City Attorney shall approve all local laws, ordinances and resolutions as to form and legality.

6.4.

City Manager to review. All local laws, ordinances and resolutions shall be reviewed by the City Manager. The agenda bill that accompanies each piece of legislation shall indicate the recommendation of City staff.

6.5.

Distribution of local laws, ordinances and resolutions. The City Clerk shall prepare copies of all proposed legislation for distribution to all members of the Council at least 24 hours before the Council meeting at which the legislation is to be introduced. If the legislation carries an emergency clause, copies of the legislation must be distributed at least 12 hours prior to the meeting of the Council at which said legislation is to be considered. Said requirements shall not limit the ability of a Council member to propose a resolution under the new and old business portions of the agenda.

6.6.

Local laws and ordinances deferred. Local Laws and ordinances introduced at a Council meeting shall not be finally acted upon until at least the next official meeting, and only after a public hearing has been conducted on the question.

6.7.

Reading by title only. Upon being introduced, each proposed local law, ordinance or resolution shall be read by title only, unless any member of the Council requests a full reading of the legislation.

6.8.

Recording of votes. The ayes and nays shall be taken upon the passage of all local laws, ordinances and resolutions and entered upon the official record of the Council.

6.9.

Majority vote required. Unless otherwise provided by law or the City Charter, an affirmative vote of at least a majority of the members of the Council shall be necessary to pass any issue. When any vote is called, each Councillor shall respond "yes (aye)," "no," "abstain," or "pass." Any Councillor who responds "pass" shall be given an opportunity at the end of the roll call to change his or her vote to "yes (aye)," "no," or "abstain." Any "pass" response not so changed shall be recorded as an abstention.

6.10.

Tie vote. In the event of a tie in vote on any motion, the motion shall be considered lost.

6.11.

Numbering local laws, ordinances and resolutions. In preparation of the agenda, the City Manager shall assign a number to each local law, ordinance or resolution.

6.12.

Local law, ordinance and resolution passage procedure. When passed by the Council, legislation shall be immediately filed and thereafter preserved in the office of the City Clerk.

6.13.

Requests for local laws, ordinances, resolutions or legal opinions. Any member of the City Council may request the City Manager to prepare proposed legislation, with such legislation to be placed on the agenda of the next scheduled Council meeting, provided the legislation can be drafted and distributed to members of the Council in accordance with time schedules set forth in Section 6.4 of these rules. Any member of the City Council may request written legal opinions, related to City business, from the City Manager. Upon receiving requests for the proposed legislation or a written legal opinion, the City Manager shall forthwith request same from the City Attorney; and upon return receipt thereof, the City Manager shall forthwith cause to have distributed the subject legislation or written legal opinion to all members of the Council so that all members of the Council may be fully informed of the status of City affairs. Any member of the Council may, for purposes of inquiry, request verbal opinion or advice on City legal matters from the City Attorney.

Citizen participation.

7.1.

Addressing the Council. Any person desiring to address the Council prior to Council Action Items, by oral communication may notify the City Clerk prior to the Council Meeting of their desire to speak in order that their name may be placed on a list and they will be recognized by the presiding officer without further action. Any person desiring to address the Council under Citizen Participation by oral communication shall first secure the permission of the presiding officer.

[Amended 8-19-2019 by Ord. No. 11-2019]

7.2.

Manner of addressing the Council - time limit. Each person addressing the Council shall stand, approach the microphone, may give his/her name and address in an audible tone of voice for the record. Each person addressing the Council, prior to Council Action Items, shall limit their address to five minutes unless further time is granted by the Chair or requested of the Chair by a member of Council. Each person addressing the Council, under Citizen Participation, shall limit their address to two minutes unless further time is granted by the Chair or requested of the Chair by a member of Council. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked the Councillors, except through the Chair.

[Amended 8-19-2019 by Ord. No. 11-2019]

7.3.

Personal and slanderous remarks. Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the Council may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the Council.

7.4.

Reading of protests. Interested persons, or their authorized representatives, may address the Council for the reading of protests, petitions or communications relating to an matter over which the Council has control when the item is under consideration by the Council, if a majority of the Council present agrees to let them be heard. Such readings shall be governed by the rules set forth within rule 7.2 herein.

7.5.

Written communication. Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Clerk, and copies will be distributed to the Council members.

Public hearings.

8.1.

Addressing the Council. The Chair, without further action, will recognize any person desiring to address the Council on a matter for which a public hearing is scheduled.

8.2.

Manner of addressing the Council - time limit. Each person addressing the Council shall stand, approach the microphone, may give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Chair or requested of the Chair by a member of Council, shall limit their address to five minutes. All remarks shall be addressed to the Council as a body, and not to any member thereof. No questions shall be asked of the Chair or the Councilors. Each person shall be given only one opportunity to speak and will be limited to the topic which is the subject of the public hearing.

[Amended 8-19-2019 by Ord. No. 11-2019]

8.3.

8.4.

Written communication. Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter which is the subject of a public hearing. Said communication shall be read by the Clerk during that portion of the meeting at which public hearings are conducted.

Suspension and amendment of these rules.

9.1.

Suspension of these rules. Any provision of these rules not governed by law, the City Charter or the Municipal Code of the City of Ogdensburg may be temporarily suspended by a vote of a majority of the Council. The vote on any such suspension shall be taken by ayes and noes and entered upon the record.

9.2.

Amendment of these rules. These rules may be amended, or new rules adopted, in the manner provided for amendment to the Administrative Code of the City of Ogdensburg.

§ AR-18 City Council briefing.

In order to bring about a better coordination between the City Manager and department heads in the presentation of matters to the City Council, the Manager shall be available to meet with the City Council every Council meeting Monday afternoon at 3:00 p.m. The City Attorney and other department heads are to be present to explain items affecting their department when notified by the City Manager.

§ AR-19 City Hall mail.

General rules applying to all mail shall apply to mail received in City Hall.

Mail addressed to the Mayor shall be forwarded to the Mayor only. Mail addressed to the Mayor and City Council, regardless of the manner received, shall be forwarded to the City Council at the end of the business week.

§ AR-20 Suggestion award program.

Policy. The purpose of the City's suggestion award programs is to recognize and reward nonsupervisory employees for suggestions that lead to more efficient and effective means of delivering municipal services.

Suggestion procedures.

Suggestion will be recorded on forms that may be obtained from department heads and union officials (see Appendix A[1]). No unsigned suggestions will be considered by the Merit Award Board, consisting of the Mayor, City Manager, City Attorney and two union representatives appointed by the City Manager. Suggestions shall be submitted directly to the City Manager.

Editor's Note: The suggestion form (Appendix A) is on file in the office of the City Manager.

The following criteria shall be considered by the Board when reviewing suggestions:

Is it practical? Does it use existing technology? Can it be accomplished under existing legal and contractual obligations?

Is it cost effective? Do projected savings outweigh projected implementation costs?

Can it be implemented within the present City operating budget?

If these questions can be answered affirmatively, the City Manager will assign implementation responsibilities.

After a three-month trial period, the effectiveness and/or efficiencies projected will be evaluated by the City Manager or his designee. The resulting evaluation report will be reviewed by the Merit Award Board.

Based upon the evaluation report, the Board shall agree on the size and amount of the award, if any, to be presented. Decisions of the Board shall be final.

§ AR-21 Interdepartmental coordination.

This policy is for the purpose of developing closer coordination between the various departments of City government.

Where two or more departments are involved in a project or work program, coordination should be established between department heads at the department level, either through the department head or his/her subordinates. The administrative personnel of the various departments should be instructed that if disagreements develop between departments during the course of the work, the department heads involved should endeavor to resolve the matter, but if that is not possible, the point in controversy should be referred to the City Manager for decision either by memorandum or at a conference.

Where the City Manager has requested recommendations from a department head on certain matters and another department or departments may be affected by his/her decision, the answering department is instructed to send a copy of the memorandum addressed to the City Manager to the other department or departments which may be concerned, or to call the attention of the City Manager to the fact in the memorandum that another department may be concerned with the decision.

Where the department head originates a recommendation to the City Manager on any subject, if another department may be affected by the decision, he/she should send a copy of the memorandum to the department head who may be affected, or call to the attention of the City Manager in the memorandum that a decision in this matter may affect another department or departments.

The department head receiving a copy of a memorandum from another department should promptly advise the City Manager by alerting him to the problem areas affecting various departments and to encourage closer coordination between the various departments. Any conflict between the policies or programs of two or more different departments should be brought to the attention of the City Manager immediately.

§ AR-22 Reporting of street and sidewalk defects.

One source of some major problems is the minor trouble spot that too long has been neglected. The City and its employees usually provide service as quickly as the need is noted. But too often a street defect, an inoperative traffic signal, defective sidewalk or other minor problem goes unreported because no one has taken the time to call the proper City department.

An appropriate form should be distributed to the drivers of every City vehicle by each department. On most occasions it will take only a minute to note the trouble spot, its nature and the address. Drivers should give these to their department or division head for forwarding to the department involved.

Each department and division head is asked to instruct those employees driving City cars and trucks to keep alert for such trouble spots and to report them. Drivers should be instructed to:

Note the date.

State the location: "The following street defect at. . ."

State the nature: "Defect noticed."

Sign the form by name and department.

An effective operating policy of this nature is one of the many ways through which the departments and divisions can create a good public attitude towards the City of Ogdensburg and must be considered as an important part of a public relations program.

§ AR-23 City staff interactions with citizens.

At various times, members of the City staff are called upon to have contact with members of the public. Staff members are to conduct themselves as representatives of the City of Ogdensburg. Staff members are reminded to extend the public all courtesies as defined by the rules of basic human conduct.

However, it is recognized that staff members themselves are entitled to the same courteous treatment expected by the public. No member of the staff is expected to give or receive discourteous treatment. If a member of the staff is found to be the subject of discourteous treatment, he/she is to politely remove himself/herself immediately.

§ AR-24 Right of entry; services on private property.

City employees of the Department of Public Works shall be allowed to enter on property owned privately only for the purposes of rendering services authorized herein or by the Code of the City of Ogdensburg. In the event that any part of these regulations conflict with any ordinance, existing rules or regulations, the existing ordinance, rules and regulations shall be deemed to supersede these regulations.

The Department of Public Works shall be permitted to provide the following services on privately owned property:

[Amended 12-12-2016 by Ord. No. 22-2016]

Water connects and disconnects.

Cellar pump outs.

Dead tree removal.

Stump removal.

Weed mowing (on complaint basis only).

Water pipe thawing.

Sidewalk repair (under existing sidewalk replacement program).

(8)

Solid waste removal (on complaint basis only).

Prior to the entry of any City employee onto private property for the purpose of the performance of any of the above-described services, except weed mowing and solid waste removal, a representative of the Department of Public Works shall obtain from the property owner, his agents or assigns the following:

A written request for services from the property owner.

A description of services to be performed by the City signed by the property owner.

An acknowledgement by the property owner of the estimated cost of services to be rendered.

A release of liability by the property owner to the City of Ogdensburg.

The cost of the services performed shall be charged according to the rates established by the Code of the City of Ogdensburg as the same may be modified from time to time.

§ AR-25 Fringe benefits for non-represented employees.

Purpose. The purpose of this regulation is to define the fringe benefits which shall be granted to department heads and other non-represented employees.

Fringe benefits for all non-represented employees.

Department heads and full-time permanent non-represented employees shall be entitled to the same fringe benefits as CSEA salaried unit.

The following exceptions shall apply to non-represented employees:

Employees shall receive three personal days per year.

An annual physical examination, the cost of which shall be reimbursed by the City up to a maximum cost of $100 per year, shall be required.

Coverage under the City's healthcare plan may begin immediately upon permanent appointment as a City employee.

Employees shall accrue three weeks vacation during the first year of employment, four weeks beginning the fifth year of employment, and five weeks beginning with the 20th year of employment.

(e)

No overtime pay will be paid; compensatory time off in lieu of paid overtime may be granted on an hour-for-hour basis, provided that prior approval is granted by the City Manager.

(f)

Department heads and other non-represented employees shall be granted pay for 1/4 of their accumulated sick leave upon voluntary separation from City employment, or in the event their position is eliminated.

(g)

Longevity steps as follows:

Completed Years of Service	Longevity Payment
10	$500
15	$750
20	$1,000
25	$1,250

(h)

Non-represented employees who have been promoted from other City employee titles that are represented by a union bargaining group prior to their promotion shall be entitled to the option of a proportionate payment of accumulated sick leave as stipulated in the respective union-negotiated contract, at their retirement only, in lieu of Subsection B(2)(f) above. If chosen, such payment shall be at the salary rate of the highest paid respective union-member, not that of the non-represented employee.

[Added 6-24-1996]

(i)

Non-represented employees who have been promoted from other City employee titles that are represented by a union bargaining group prior to their promotion shall be entitled to the option of a retiree healthcare coverage equivalent to that provided to employees of the union bargaining group from which they had been promoted.

[Added 10-27-2003]

Administrative notes:

Longevity payments to be made in the same manner as provided to the CSEA Salaried Unit, prorated and included in the normal biweekly paycheck, effective 1-1-1997.

[Amended 6-24-1996]

Years of service to be calculated from anniversary date of employment.

When date of employment occurs during a longevity year (10th, 15th, etc.) the payment will be prorated; i.e., 750/12 = $62.50 per month of service over 15 years.