City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[Added 6-27-1988 by L.L. No. 2-1988A]
A. 
Purpose. The legislative body recognizes that, in order to protect the health, safety and general welfare of the people when an emergency work situation exists, it shall be required that the employees of the City of Schenectady reside near their place of employment. Additionally, the City Council hereby determines that individuals who are employees of the City of Schenectady take a greater interest, commitment and involvement with the government which employs them by living within that municipality. Thus, the City Council believes that the public need is sufficient to require that employees hired after the effective date of this section be residents of the City of Schenectady.
B. 
Coverage. This section shall affect all City employees initially appointed after July 12, 1988. This section shall not supersede or override any other residency provision existing in state or federal law or existing in the Code of Ordinances of the City of Schenectady found to be contrary to the provisions herein, except to the extent that § 92-1 of the Schenectady Code of Ordinances is hereby repealed by this section. This section shall affect all City employees, including all provisional, permanent and temporary employees.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EMPLOYEE
Includes every person hired after July 12, 1988, by the City of Schenectady.
D. 
Residency for new employees. Except as otherwise provided by Subsection E of this section, the City Council hereby establishes a residency requirement for all prospective employees of the City. Every person initially employed by the City of Schenectady on or after July 12, 1988, shall, as a qualification of employment, be or become a resident of the City of Schenectady within six months of the date of initial appointment for said City. Furthermore, during the time of service of such employees, no employee shall cease to be a resident of the City of Schenectady, and such shall be deemed a voluntary resignation.
E. 
Residency for fire fighters. Every fire fighter initially employed by the City of Schenectady on or after July 12, 1988, shall, as a qualification of employment, be or become a resident in the County of Schenectady within six months of the date of initial appointment for said City, and during the time of said service of such employee, no employee shall cease to be a resident of the County of Schenectady.
F. 
Board of Residency. There is hereby created the Board of Residency. This Board shall consist of five members, one such member to be the Mayor of the City of Schenectady or the Mayor’s appointee, one by the Corporation Counsel of the City of Schenectady and three members appointed by the Council President. All members of this Board shall be residents of the City of Schenectady, and, additionally, the members of the Board appointed by the Council must be either current City Council members or current employees of the City of Schenectady. This Board shall have the following powers and obligations:
[Amended 4-12-1993 by L.L. No. 5-1993; 10-13-2009 by L.L. No. 2-2009]
(1) 
The Board shall, upon written request of the Mayor, make a determination granting an annual waiver of the residency requirement to any City employee and thereby exempt said employee from the provisions of this section. This determination shall be based upon one or more of the following criteria:
(a) 
The degree of specialization and professionalism required in any given field of employment.
(b) 
The existence of hardship such as may be determined by the Board.
(2) 
The Board shall be the tribunal to which a dismissed employee shall initially appeal, and the Board shall have the power to affirm, reverse or in any other way modify the determination made by the Mayor. However, in the case of police officers and firemen, this subsection shall not apply, as it is a mandatory subject for collective bargaining negotiations pursuant to a decision of the administrative law judge of the Public Employment Relations Board dated March 26, 1989.
(3) 
Each member of the Board of Residency shall serve a one-year term of office, which shall expire on December 31 of each year.
(4) 
The Board shall render its decision within 20 days of receipt of an application or after the conclusion of a fact-finding hearing, and a copy of its decision shall be forwarded to the Mayor and employee.
G. 
Notification. A copy of this section shall be provided to all prospective employees at the time of their application for a position and to all current employees by the effective date of this section.
H. 
Breach of residency requirement. If an allegation is made that an employee of the City of Schenectady is in violation of this section, the Mayor, after investigation and upon probable cause shown, shall determine that an employee is in violation of this section and shall terminate said employee upon the expiration of 10 days from the time notice is given to said employee of said finding. Said employee may, within 10 days, apply to the Board of Residency for modification of the Mayor's determination by making a formal application to the Schenectady Corporation Counsel's office, and the Board shall then act pursuant to the powers granted it in Subsection F(1)(b) of this section. If the employee shall not so apply within said ten-day period, he shall be deemed to have voluntarily resigned. However, the second sentence of this subsection, dealing with the employee's application to the Board of Residency for modification of the mayor's determination, shall not apply to police officers and firemen, as the procedure embodied in this sentence is a mandatory subject for collective bargaining negotiations pursuant to a decision of the administrative law judge of the Public Employment Relations Board dated March 26, 1989.
[Amended 4-12-1993 by L.L. No. 5-1993]
I. 
Severability. In the event that this section or any provision of it shall be deemed by a court of law to be in conflict with any provision of New York State statutory law, the New York State Constitution or the United States Constitution or if adherence to or enforcement of any subsection of this section shall be restrained by a court of law, the remaining provisions of this section shall not be affected.
[Amended 8-26-1985 by Ord. No. 85-79]
The provisions of this article shall apply to any person directly employed and compensated by the City on a full-time, regular basis, with the exception of specifically stated exclusions: Policemen, firemen, senior aides, seasonal and/or temporary employees, as well as elected officials, members of citizen boards, commissions and all other personnel appointed to serve without compensation or individuals and/or groups compensated on a fee basis are to be excluded from the general provisions of this article, unless a particular section or subdivision specifically provides to the contrary; in such event, only the terms of the specified section itself are to apply.
A. 
The basic workweek, unless modified by a collective bargaining agreement, shall run Monday through Friday. It shall consist of five working days of eight hours each. Salaried employees located in City Hall or other offices normally open from 9:00 a.m. to 5:00 p.m. work seven hours per day. The workday of an employee not covered by union contract shall commence at 8:00 a.m. and terminate at 4:00 p.m. during the months of July and August.
[Amended 6-2-1986 by L.L. No. 3-1986]
B. 
During emergencies or because of other unusual requirements, employees may be required to work overtime. Per diem and hourly employees shall receive overtime pay, and salaried employees shall receive equivalent time off.
(1) 
Per diem and hourly employees who work more than eight hours during any one day shall be paid at the rate of time and a half for authorized overtime.
(2) 
When salaried employees are required to work more than eight hours in any one day or more than five days in any one workweek, excluding those who routinely answer emergency calls, they shall receive equivalent compensatory time off, subject to the following conditions:
(a) 
Compensatory time off must be authorized by the employee's department head.
(b) 
No employee may accumulate more than 20 days of compensatory time, except by express approval of the Mayor. Accrued overtime up to 20 days shall be payable to the employee in case of resignation or separation from employment through no fault of his own and where there is no disciplinary action pending against the employee.
[Amended 6-2-1986 by L.L. No. 3-1986]
(c) 
All accumulated compensatory time must be used prior to December 1 of the calendar year in which it is earned, with the exceptions that compensatory time earned during the month of November may be taken during December, and any compensatory time earned during the month of December shall be used during the next succeeding year.
(d) 
Exceptions to the foregoing must be approved by the Mayor.
[Amended 6-2-1986 by L.L. No. 3-1986]
(3) 
Employees entitled to time off on holidays who are required to work on a holiday shall receive double pay, if per diem workers, or equivalent time off, if salaried.
[Amended 5-29-1973 by Ord. No. 16070; 4-26-1976 by Ord. No. 17022]
A. 
City's election to provide payment. The Council of the City of Schenectady hereby elects to provide for cash payment of the monetary value of accumulated time standing to the credit of present City employees as authorized in § 92 of the General Municipal Law of the State of New York.
B. 
Compensatory time off. Where practicable, the City employee, who has to his credit accumulated overtime, will be permitted to take compensatory time off for every hour to his credit.
C. 
Records used to determine amount of accumulated time. The records of the Department of Finance will be used in instances as the official record to determine the amount of accumulated time, unless the employee is able to verify by some outside independent source any discrepancy in the hours credited to him. The Director of Finance is to make the determination as to the authenticity of the independent records submitted by the employee.
D. 
Retirement or death in service; payment. Upon retirement, or in case of death while an employee is in the service of the City of Schenectady, the employee shall be entitled to have converted into dollars and cents the amount of overtime hours standing to his credit, but in no event shall the cash payment exceed $1,000.
E. 
Hourly rate. The hourly rate to be used in determining the amount to be paid is that rate of compensation that the employee was receiving at the time the extra hours were worked.
F. 
Applicability to present City employees. The above provisions of this section are applicable only to present City employees.
Each employee, with the exception of department heads, must record their attendance on a time card or attendance sheet. Falsification of this time record is cause for dismissal. The time record shall be submitted to the Department of Finance weekly. Employees are required to report to work on time, both morning and lunch time. Tardiness will result in a payroll deduction. Accumulated tardiness of more than 1/2 hour in any payroll period (one week) shall be deducted from the employee's pay. Habitual tardiness is cause for suspension or dismissal.
[Amended 5-29-1973 by Ord. No. 16070]
The following days are holidays for all regular full-time employees, and they shall be paid at their regular rate for these days or substitution days subject to the conditions below:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veterans' Day
Thanksgiving and the day following Thanksgiving
Christmas
A. 
If any holiday falls on a Saturday, the preceding Friday shall be the vacation day. If holidays fall on a Sunday, the succeeding Monday shall be the vacation day.
[Amended 6-2-1986 by L.L. No. 3-1986]
B. 
To receive pay for a holiday, an employee must not have been absent without leave either on the workday before or the workday following the holiday. Absence due to illness or other reason is permissible only if employee absence is authorized as provided in § 87-13 or by the Mayor.
[Amended 6-2-1986 by L.L. No. 3-1986]
A. 
Employees, not covered by collective bargaining agreements, shall be eligible for two weeks (10 days) annual vacation after completion of one year of continuous employment by the City. Subsequently, two-weeks vacation is credited annually on January 1. All full-time employees shall be granted one additional day of vacation for each successive full calendar year of continuous employment after the first five years of continuous employment up to the completion of the 15th year of service, at which time the maximum annual vacation of four weeks or 20 workdays shall be granted.
B. 
The scheduling of vacations shall be at the discretion of the Mayor or the department head for the proper functioning of the department. Seniority rights will be observed in vacation scheduling if these rights do not conflict with the administration of the departments.
C. 
If any employee has broken service with the City, he shall be given credit for prior service provided that:
(1) 
His severance from City service was through no fault of his own.
(2) 
The period of severance did not exceed three years.
(3) 
The credit for prior service shall become effective only after completion of one year of continuous service upon his return to City employment.
D. 
Seasonal employees shall not be deemed to be full-time employees under this article. However, any seasonal employee who is employed six months or more per year, after two years of such seasonal employment, shall be given one day vacation for each month employed during the previous year.
E. 
Employees may accumulate vacation for two years, but the maximum accumulation of vacation may not exceed six weeks, regardless of service. Accrued vacation up to the maximum of six weeks shall be payable to the employee in case of resignation or separation from employment through no fault of his own and where there is no disciplinary action pending against the employee.
F. 
In the case of an employee's death, accrued vacation up to six weeks shall be paid to the surviving spouse and if there is none, then to the deceased employee's estate.
A. 
"Sick leave" is leave with pay granted to an employee for sickness or related causes after the first year of continuous employment. Each employee earns sick leave credits at a rate of one day per month, provided that an employee is on the payroll for as least 17 calendar days during that month. Sick leave credits may be accumulated up to a maximum of 150 working days. Sick leave for all employees not covered by union contract shall be accumulated at the rate of one day per month, not to exceed 12 days per year, during the first five years of service. After five years of service, employees not covered by union contract shall accumulate 1 1/2 days sick leave per month, not to exceed 18 days per year, with a maximum accumulation of 240 days. Those employees shall accumulate sick leave as long as they are in the service of the employer. An employee not covered by union contract shall be entitled to convert 75% of his unused sick leave up to a maximum accumulation of 240 days to cash, upon termination of his services as an employee with the City.
B. 
Absence because of personal illness may be charged to accumulated sick leave, provided that the employee reports the illness to his supervisor within two hours of the first working day of absence. The employee must keep the supervisor advised of the necessity for continued absence and furnish satisfactory proof of illness upon request. After five consecutive working days absence due to personal illness, the employee must present a written statement by a licensed physician certifying that the employee's condition prevented him from performing the duties of his position.
C. 
Sick leave shall not be granted for maternity leave. Pregnant employees shall be separated or granted a leave of absence without pay.
[Amended 6-2-1986 by L.L. No. 3-1986]
D. 
An employee injured in the course of his employment may use his accrued sick leave as provided below:
(1) 
Charges shall be made against accrued sick leave for the statutory waiting period not covered by the New York State Compensation Law.
(2) 
An employee shall receive compensation benefits after the waiting period has elapsed until such time as the Compensation Board grants an award.
(3) 
If any portion of a subsequently awarded compensation award covers a period for which an employee has used his accrued sick leave, then said proportion of the compensation award shall be credited to restoring a pro rata share to employee's sick leave accrual.
E. 
If an illness in the employee's immediate family requires the employee's personal care and attention, he may make a written application for leave of absence to his department head and if approved, the employee may use his accrued sick leave in such instance.
F. 
An employee shall be granted limited sick leave upon application to his department head, when death in the employee's immediate family occurs. However, leave shall not be allowed in excess of five days and shall be charged against accumulated sick leave. Immediate family includes spouse, child, parents of employee or spouse, brother, sister or grandchildren.
G. 
No sick leave day shall be allowed on contiguous working days either before or after holidays or vacations, except by the express permission of the Mayor.
H. 
No benefits are to be earned by an employee while he is on leave of absence from his job. However, while an employee is receiving paid sick leave or during the first three months of receiving workmen's compensation benefits, he shall continue to accrue employee benefits as if he were actually working.
I. 
Employees seeking relief from the provisions of this section can appeal to the Sick Leave Committee. This Committee is composed of the Mayor, who shall be Chairman, the Director of Finance, the Corporation Counsel and the department head of the appellant. A written appeal is directed to the employee's department head who forwards a copy to the Committee Chairman and requests the matter be placed on the Committee's agenda for its next meeting. The Committee's decision is by majority vote of those Committee members attending. Two members of the Committee constitute a quorum. Leave granted shall be charged against any future sick leave.
[Amended 5-29-1973 by Ord. No. 16070; 6-2-1986 by L.L. No. 3-1986]
[Amended 5-29-1973 by Ord. No. 16070; 6-2-1986 by L.L. No. 3-1986]
A. 
An employee shall be granted a maximum of three days per year, with pay, for personal leave upon approval of his Department Head.
(1) 
Religious observances.
(2) 
Doctor or dental appointments which cannot be arranged outside of working hours.
(3) 
All other legal or personal affairs that must take place during the working hours.
(4) 
An employee with less than one year of service must have approval of the department head and the Mayor to use personal leave. Personal leave may not be used in conjunction with vacation leave.
B. 
An employee who does not use his personal leave during the year shall be entitled to have any unused personal leave for that year credited to his sick leave for the following year.
Every employee shall receive leave in accordance with the applicable section of the New York State Military Law.
On proof of the necessity of jury service or attending court pursuant to subpoena or other order of the court, an employee shall be granted a leave of absence with pay. However, the employee performing jury duty shall be paid only the difference between his regular pay and fees paid to him by the court for jury duty.
Employees shall be retired in accordance with the New York State Civil Service Law.
The City agrees to deduct dues for all recognized employee organizations. Members must authorize the Director of Finance, in writing, to withhold such dues from employee's salary. These written authorizations shall be on file at the Department of Finance and shall be a part of the permanent records of the Department of Finance. Check-off shall continue until the Director of Finance receives written authorization from the member to cease withholding union dues from his salary.
[Amended 6-2-1986 by L.L. No. 3-1986]
Seniority shall consist of the accumulated continuous paid services of the employee with the City. The employee's earned seniority shall not be lost because of absence due to illness, authorized leaves of absence or temporary layoff.
Promotions, assignments and displacements shall be based on seniority, fitness and ability insofar as department administration permits. It shall be the policy of the City to promote to supervisory positions from the ranks of employees where possible. Promotions in the competitive class shall be made from eligibility lists pursuant to provisions of the Civil Service Law.
When it becomes necessary to reduce the work force, such reductions in force shall be in conformance with §§ 80 and 85 of the Civil Service Law and all other pertinent laws and with due consideration given to seniority in all cases.
All parties hold themselves responsible for mutual, cooperative enforcement of safety rules and regulations.[1]
[1]
Editor's Note: Former Sec. 2-211, which immediately followed this section, relating to wage rates, was omitted as being no longer in effect.
[Amended 5-4-1970 by Ord. No. 15327; 10-18-1971 by Ord. No. 15599; 6-2-1986 by L.L. No. 3-1986]
A. 
Authorization required. No officer or employee of the City shall use a privately owned automobile or motor vehicle in City business, unless such use has been duly authorized by the Mayor.
B. 
Mileage. All officers and employees of the City who are duly authorized by the Mayor to actually use their privately owned automobiles or motor vehicles for City business shall be reimbursed for such use at the rate allowed by individual labor contracts.