HomeMy WebLinkAboutOrdinance #2038 ORDINANCE NO. 2038
AN ORDINANCE AMENDING THE PERSONNEL POLICY FOR THE CITY OF
CANTON, FULTON COUNTY, ILLINOIS
WHEREAS, on July 20, 2004 via Resolution No. 3701 the Canton City Council adopted
a personnel policy for the City's employees; and
WHEREAS, on April 19, 2005 via Resolution No. 3725 the Canton City Council
amended said Personnel Policy for the City's employees; and
WHEREAS, on March 3, 2009 via Ordinance No. 1965 the Canton City Council
amended said Personnel Policy for the City's employees; and
WHEREAS, on June 29, 2010 via Ordinance No. 2005 the Canton City Council
amended said Personnel Policy for the City's employees; and
WHEREAS, on June 23, 2011, the Mayor issued a Memarandum to all City Employees
informing them of the new policy on Personal Use of City Equipment; and
WHEREAS, the policy as directed by the Mayor is in full force and effect and will be
codified into the City's Personnel Policy; and
WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and
in the best interests of the City of Canton to again amend the City's present personnel policy as
hereinafter set forth to explicitly state that personal use of City tools, supplies and equipment is
prohibited; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
1. That the foregoing recitals are hereby found to be fact.
2. That Sections 13.9 (Personal Use of City Equipment) shall be created to read
as follows:
13.9 Personal Use of City Equipment. Computers, phones, cameras,
pagers, PDA's, voicemail, email and internet are all governed by the City of
Canton Technology Policy. Employee use of any other City tools, supplies or
equipment for personal purposes or personal financial gain is strictly
prohibited.
3. That the amendment to the personnel policy shall supersede any previous
personnel policy and shall become effective as of the effective time and date of
this Ordinance.
4. That this Ordinance shall be in full force and effect immediately upon its
passage by the City Council of the City of Canton, Fulton County, Illinois and
approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 2nd day of August 2011 upon a roll call vote as follows:
AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
APPROV
evin R. Mea e, Mayor
ATT .
Dian cker, rty Clerk
PERSONNEL POLICY
CITY OF CANTON, ILLINOIS
ADOPTED 2004
Originally adopted July 20, 2004 via Resolution#3701
Amended March 3, 2009 via Ordinance#1965
Amended June 29, 2010 via Ordinance#2005 (effective 1/1/2011)
Amended August 3, 2011 via Ordinance# 2038
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CONTENTS
PURPOSE AND INTENT 2
DEFINITIONS 2
DIVISION l: HOURS OF WORK 3
DIVISION 2: WAGES 3
DIVISION 3: OVERTIME 4
DIVISION 4: COMPENSATORY TIME OFF 4
DIVISION 5: VACATION 4
DIVISION 6: HOLIDAYS 5
DIVISION 7: EMPLOYMENT REQUIREMENTS 6
DIVISION 8: PERSONAL DAYS 6
DIVISION 9: SICK DAYS 7
DIVISION 10: LEAVE 7
DIVISION 11: EMPLOYEE INSURANCE 9
DIVISION 12: RETIREMENT INSURANCE 10
DIVISION 13: MISCELLANEOUS REGULATIONS 12
DIVISION 14: NON-FULL TIME EMPLOYEES 13
DIVISION 15: GRIEVANCE 13
DIVISION 16: RESIGNATION 14
DIVISION 17: LAYOFFS 14
DIVISION 18: DISCIPLINE AND DISCHARGE 15
DIVISION 19: ADMINISTRATIVE RETREAT 16
DIVISION 20: ADMINISTRATION OF PERSONNEL 16
DIVISION 21: CONFLICT OF LAW OR PROVISIONS 16
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PURPOSE AND INTENT
The purpose of this policy statement is to establish a uniform, comprehensive and
efficient personnel policy that is applicable to all employees of the City. It is the
intent to define guidelines in order to provide a high degree of understanding and
cooperation to insure fair and consistent application of these standards.
DEFINITIONS
Anniversary Date: The date upon which an employee receives his/her full time
appointment with the City.
Appointment: The employment of personnel not covered by a collective
bargaining agreement hired by the Mayor with the consent of the City Council.
Assistant Superintendent: The non-union personnel under the immediate
supervision of a specific Superintendent. Unless otherwise noted, Assistant
Superintendents will be employed in the following departments: Wastewater
Treatment, System Maintenance, Water, and Streets & Garbage.
Contractual Employees/ Independent Contractors: Those persons providing a
service for the City that perform duties based upon a mutually agreed upon
written document. Contractual employees will not fall under the auspices of
either a collective bargaining agreement nor the City's personnel policy.
Demotions: The moving of an employee from one position to that of another
with an appropriate reduction in salary. A demotion may be implemented for the
purpose of disciplinary action, or, to meet the City's needs.
Department: A major functional unit of the City Government.
Department Head: A person appointed by the Mayor with the advice and
consent of the City Council who is responsible for the administration of a specific
department.
Economic Development Director: An appointed official by the Mayor with
consent of the City Council. The Director shall primarily report to the Canton
Community Revitalization Board for direction and operating decisions with
ultimate responsibility to the Mayor and City Council.
Employee: A person who has been hired or elected to work for the City of
Canton.
Employer: The City of Canton, Illinois.
Full-time Employee: A person hired by the City to work at least 2,080 hours per
year. This definition excludes fire and police personnel who are covered under
the Fire and Police Commission.
Grievance: A grievance is defined as a difference, complaint, or dispute between
the employer and employee regarding the application or interpretation of policy
and/or procedures.
Immediate Family: Includes: spouse, brother, sister, parents, mother in-law,
father in-law, children, grandparents, brother in-law, sister in-law, grand children
and stepchild, step father and mother and legal guardians.
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Overtime: Authorized time worked in excess of the regular scheduled work week
(i.e. 40 hours). This provision is not applicable for emergency personnel
(firefighters and police officers) who are covered under the respective current
collective bargaining agreements. Public Works Director, Economic
Development Director, Superintendents, Department Heads and Asst.
Superintendents are not eligible for overtime.
Part-time Employee: An employee with the City of Canton whose wages are
computed on a per hour basis who works less than an average of thirty-five (35)
hours per week. The Mayor will appoint all part-time employees. This definition
is not applicable to firefighters and police officers, which are covered by current
standards set forth by the Fire and Police Commission Act.
Public Works Director: Serves as Chief Administrator of Public Works
Departments. Advises the Mayor and City Council on the day-to-day operations
of the Public Works Department.
Probationary Employee: An employee who has not completed his/her one-year
trial period.
Promotion: An upgrading of an employee from one position within the city,
which results in either greater responsibilities and/or higher salary.
Seniority: Priority based on the length of service with the City and applies only to
full-time employees.
Transfer: The moving of an employee from one position within the City to
another. A transfer can result in the increase or decrease of pay and / or
responsibilities. A transfer is neither a demotion nor a promotion. Transfers may
be made based upon the needs of the City.
Superintendent: The non-union supervisor in charge of a specific section under
the direct guidance of the Public Works Director. Unless otherwise noted,
superintendents will oversee the following departments: Wastewater Treatment,
System Maintenance, Streets, Garbage and Water Department.
DIVISION 1 HOURS OF WORK
1.1 Workweek. The workweek shall consist of eight (8) consecutive hours in a five
(5) day period. Employee will receive a one-hour un-paid lunch period.
Employee will receive a morning and afternoon break not to exceed 15 minutes
each. This section is not applicable to the Public Works Director, City
Administrator, City Attorney, Fire Chief, Police Chief, Deputy Police Chief,
Superintendents, Asst. Superintendents and any other Department Heads. (Eff.
1/l/11)
DIVISION 2 WAGES
2.1 Wages. The official pay plan for the city consists of a resolution establishing
annual salaries and title of job classifications or positions, which are to be
compensated. The Mayor with approval of the City Council determines specified
wages in the beginning of the city's fiscal year.
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2.2 Salary. The salaries and wages of employees shall be paid on the 15' of the
month and on the last day of the month, payroll to include hours worked through
the preceding pay period. (Eff. 1/l/11)
DIVISION 3 OVERTIME
3.1 Overtime. Employees required to work in excess of forty (40) hours per week
shall be paid at the rate of one and one-half (1 /z) times their regular rate of pay
for all hours worked excess of the employee's regularly scheduled forty (40) hour
workweek. Overtime pay is not granted to the Public Works Director, Economic
Development Director, Superintendents/Department Heads. It is the policy of the
City to keep work in excess of established schedules at a minimum and permit
such work only when it is deemed necessary to meet City operating requirements.
Overtime designation shall be at the sole discretion of the Department
Head/Superintendent and that person will make every effort to allow
compensatory time off in order to avoid paying overtime in dollars. If an
employee is covered under a collective bargaining agreement, then overtime shall
be computed as provided in the agreement; otherwise, overtime shall be computed
and paid in conformity with the Fair Labor Standards Act.
DIVISION 4 COMPENSATORY TIME OFF
4.1 Compensatory Time. May be given when the employee is required to work in
excess of the employee's regular shift. Compensatory time off shall be calculated
at the rate of one and one-half (1-�/z) times the hours actually worked. When an
employee is required to work on an authorized city holiday, compensatory time
off shall be granted at the double time rate of two (2) hours off for every one (1)
hour worked. The City shall award, at its own discretion, additional compensatory
time to certain full-time employees for work outside the normal activities of their
job description. Such work may include, but is not limited to: secretarial duties
for committees concerning city matters, and mandatory attendance of meetings
after the regularly scheduled hours of employment. The decision to grant special
compensation is solely the discretion of the City Council or Mayor.
Compensatory time cannot be carried over into the next fiscal year. The
employee shall be paid in lieu of the unused compensatory time on the first day of
the fiscal year. Comp time will be scheduled in accordance with Federal Statutes.
DIVISION 5 VACATION
5.1 Vacation - The employee shall be entitled to schedule vacation time beginning on
the day following his/her first anniversary date of service with the City as long as
consent has been provided by the Department Head or Public Works Director.
Only full time employees shall be entitled to a paid vacation. Employees
receiving worker's compensation, disability or otherwise on unpaid leave, shall
not be entitled to accrue vacation.
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With respect to those employees and department heads who were hired prior to
May of 2003 the City will continue to honor the following vacation time:
1 year but less than 3 years 2 weeks vacation
3 years but less than 10 years 3 weeks vacation
10 years but less than 15 years 4 weeks vacation
15 years or more 5 weeks vacation
For those employees hired after May 2004 the following vacation time will apply:
1 year but less than 7 years 2 weeks vacation
7 year but less than 15 years 3 weeks vacation
Over 15 years 4 weeks vacation
5.2 Scheduling of Vacation - Vacation will be scheduled to meet the operating
requirements of the City with preference given to employees with the greatest
seniority within each respective job classification whenever possible.
5.3 Accumulation of Vacation - Vacation time shall be used during the anniversary
year of the employee during which an employee becomes entitled thereto, unless
the Department Head makes a written request during such anniversary year for
extension to the office of the Mayor who shall approve or disapprove the same.
When vacations cannot be granted during the anniversary year, pay in lieu thereof
may be given if mutually agreeable.
5.4 Part-time employees. Part-time employees shall be granted the ability to accrue
paid vacation leave based upon a set formula. However, for the purposes of this
document, part-time employees shall not be eligible to accrue sick leave, personal
days, and holiday pay or seniority benefits. Paid vacation leave for part-time
employees shall accrue at the following rate: total hours worked in one year
divided by fifty-two (52) weeks equal total hours vacation time at the prevailing
hourly wage rate, except that employees with more than five (5) years service
shall receive double the hours of vacation time.
DIVISION 6 HOLIDAYS
6.1 Days Observed. The following days shall be observed by the City:
New Year's Day Memorial Day Labor Day
Thanksgiving Day Good Friday Independence Day
Veteran's Day Christmas Day President's Day
Martin Luther King, Jr. Day (eff. 1/l/11)
6.2 Holiday Pay - The above-mentioned holidays shall be granted to all full-time
employees. The City shall pay for eight (8) hours of regular pay applicable to
each person. Those employees working part-time shall receive the day off
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without compensation unless otherwise dictated by job classification. Employees
receiving workman's compensation or disability benefits are not entitled to
holiday pay.
6.3 Holiday Falling on a Weekend - If a holiday falls on a weekend the City shall
designate one day during the normal workweek as a day off. Compensation
procedures shall be the same as in Division 6.2 above. This provision shall apply
only to those employees not covered by any of the collective bargaining
agreements. If said employees are covered by said agreements, then procedures
will be outlined in the appropriate documents with respect to this matter.
DIVISION 7 EMPLOYMENT REQUIREMENTS
7.1 Appointments. It is the policy of the City to fill vacancies on the basis of merit
and fitness with secondary consideration given to seniority, and insofar as
possible in the interests of the City, to promote City Employees within each
department and job classification to higher positions. The Mayor has, among
other duties, the responsibility of recruiting qualified candidates for City
employment in accordance with the City's affirmative action plan. Authority to
make appointments of all Department Heads and other appointive positions is
vested in the Mayor with the advice of the City Council.
7.2 Job Posting. All job openings shall be posted for not less than ten (10)
consecutive calendar days prior to the filling of the position for the purposes of
soliciting applications from employees currently in the service of the City.
However, the Mayor has the authority to appoint a person to a vacated position
that is not currently employed by the City.
7.3 Probationary Period. The employment of any employee of the City shall be
followed by a one (1)year probationary period. Such probationary period shall be
considered a period of test or trial for the employee in relationship to the
employee's work and the employer, during which time, such employee may be
discharged by the employer with or without cause. It shall be the responsibility of
the Department Head to complete the employee performance appraisal report
prior to the completion of the employee's probationary period. If the employee's
performance during the probationary period does not meet the standards of the
City, the Department Head shall terminate the employee with the consent of the
Mayor.
DIVISION 8 PERSONAL DAYS
8.1 Personal Days. Personal days for full-time employees shall be computed with
reference to the fiscal year of the City. After sixty (60) days of service, an
employee shall earn one-half(1/2) day of personal leave to a maximum of five (5)
personal days. Personal days may only be used when requested and approved by
the Department Head/Superintendent or Mayor, as applicable. Should the
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employee not use all or any of the five (5)personal days the employee will not be
paid in lieu of the remaining days. Personal days shall not survive beyond the
fiscal year of accrual. Personal days remaining at the conclusion of the fiscal year
of accrual shall be forfeited without carry over. Department
Heads/Superintendents shall make every effort to approve every employee's
personal day request as long as it does not hinder the operation of the City or
cause overtime. Part-time employees shall not be eligible for personal days.
DIVISION 9 SICK DAYS
9.1 Sick Days. Sick days for full-time employees shall be computed with reference
to the fiscal year of the City. After sixty (60) days of service, an employee shall
earn one-half (1/2) day of sick leave to a maximum of five (5) sick days. Sick
days may only be used when requested and approved by the Department
Head/Superintendent or Mayor, as applicable. Part-time employees shall not be
eligible for sick days. Employees shall not be entitled to accrue sick leave
benefits while on worker's comp, disability or other unpaid leaves.
1. The employee shall report promptly to the Department
Head/Superintendent the reason for their absence in writing.
2. The employee shall keep the Department Head/Superintendent
informed of employee's condition if the absence is more than three (3)
consecutive days.
9.2 Accrual of Sick Days.
Any or all of the five (5) sick days not used by the employee during the fiscal year
may be carried over to the next year. Employees may accrue up to a total of
ninety (90) days. Payment for such accumulation of not more than sixty (60) days
shall be made upon termination of employment, except in cases of discharge for
disciplinary reasons. Each day shall be valued at 1/5 of the then current weekly
salary. Abuse of sick leave use shall be subject to discipline.
Employees shall also be granted the ability to accrue a maximum of two hundred
forty (240) days "running concurrently with the ninety (90) days herein above" to
be used only for pension credit with IMRF of the employee's total amount of
accumulated sick days for pension credit purposes. The City shall notify IMRF of
the total amount of accumulated sick days if the employee wishes to use them for
pension credit purposes.
DIVISION 10 LEAVE
10.1 Bereavement. Each Full-time employee shall be granted up to three (3)
consecutive workdays of bereavement leave when a death occurs in the
employee's immediate family (see definition of immediate family of the
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personnel policy). Additional time may be granted when reasonable justification
is provided to the Department Head. Bereavement leave shall be with pay.
10.2 Disability Leave. If a full-time employee becomes sick or injured off the job and
is temporarily disabled from performing his/her duty, the employee shall be
eligible to receive disability benefits under the City's short-term disability policy.
10.3 Job Related Disability. All full-time employees injured while performing
assigned tasks, shall be eligible for injury leave in compliance with applicable
State Statutes passed by the Illinois General Assembly and approved by the
Governor. The employee shall be responsible for causing weekly written reports
to be submitted by the attending physician to the employee contact person for
each department, on forms prescribed by the latter as may be required. All injuries
must be reported immediately by the employee to the Department Head/
Superintendent in order to be eligible for injury leave and/or workman's
compensation benefits.
10.4 Jury Duty. Any full-time employee who has more than thirty (30) days of
seniority and who either (a) is summoned and reports for jury duty in a court of
record or Grand Jury; or, (b) is required by applicable law to appear for
examination by a jury commission prior to such jury service; or, (c) is subpoenaed
and reports for witness service or Grand Jury on behalf of the City, shall be
reimbursed by the City for each day on which he would have otherwise have been
scheduled to work, with a deduction from his/her pay in an amount equal to the
amount the employee received from the Clerk of the Court.
10.5 Military Leave. Employees shall be granted such leave in accordance with the
provisions of the 65ILCS Section 5/10-2.1- 23 and Section 5/10 2.1-24.
10.6 Miscellaneous Leave Policies. The Mayor and/or Department
Head/Superintendent have the authority to grant other leaves of absence. Such
leaves shall be submitted in writing to the Department Head/Superintendent
and/or the Mayor in writing on forms provided by the employer, approved by the
Department Head/Superintendent and/or the Mayor and reported to the Office of
the Mayor.
It will be the sole authority of the Department Head/Superintendent and/or
the Mayor to determine if said leave is to be granted with or without pay.
Miscellaneous leaves of absence are intended to be used for unexpected,
unusual, unanticipated or emergency situations. Miscellaneous leaves of
absence are not intended to be used for additional or unauthorized
holidays or vacation days.
No employee may be absent without the express permission of the
Department Head/Superintendent and/or the Mayor.
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10.7 Family Medical Leave. The Employer will comply with all the terms and
conditions of the Family Medical Leave Act and adopts the same hereunder by
reference.
10.8 Disability. The City reserves the right to require medical examinations by other
or additional medical authorities. Costs associated with the additional
examinations, including transportation costs, shall be borne entirely by the City.
DIVISION 11 EMPLOYEE INSURANCE
11.1 Premiums/Payment. Full-time employees are eligible for the City's healthcare
insurance. The employee shall pay 3% of their base pay for healthcare coverage for
singe or family for a period ending April 30, 2009.
Effective May 1, 2009, employees will contribute 20% of the premium cost for the
healthcare plan elected by the employee for single or family coverage. The City shall
pay the balance. Payments shall be through pretax payroll deduction. Healthcare
insurance is defined as the City's healthcare coverage including dental insurance for
employees and their dependents.
11.2 Coverage. The amount of the insurance coverage shall be at least as much as the
coverage in force at the time of approval of this policy by the City Council. (Refer to
employee insurance handbook and Exhibit A).
11.3 Insurance Committee. A joint Health Insurance Committee shall be formed and
be comprised of the following persons who accept invitations to participate:
1. A Representative of City Council
2. A Representative of LA.F.F. Local 1897
3. A Representative of A.F.S.C.M.E. Local 1372
4. A Representative of Police Benevolent Labor Committee
5. A Representative of Non-Represented Employees
6. A Representative of Management
7. A Park District Representative
8. A Parlin Ingersoll Representative
This Committee shall be empowered to research and analyze the existing
coverage and benefits, as well as, available plans to recommend possible changes
to and/or additions to the existing plan. The Committee shall only make
recommendations to modify the existing plan with a 2/3-majority vote of the
committee. No recommended change shall substantially change the benefit levels
and coverage of the existing plan. Also this committee will be empowered to hear
complaints on insurance payments. The City shall have the final authority on any
recommended changes or appeals on payments.
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DIVISION 12 RETIREMENT INSURANCE
12.1 Coverage. The insurance coverage for retired employees shall consist of the
overall group plan of hospital, health, dental and life insurance coverage offered
to employees of the City. The insurance coverage may change from time to time
as it changed for the entire group and the City reserves the right to change
coverages or premium co-pays for the entire group without discrimination
between its employee participants and its retiree accordance with the terms and
conditions of the policy provisions as they may exist from time to time for the
termination of the "retirement or disability period" and continued coverage is
conditioned upon the retiree's obligation to pay the monthly premium directly to
the municipality in accordance with the premium payments determined by the
City. Notice of continued coverage and election of continued coverage shall be in
accordance with 215 ILCS 5/367j as it exists or is amended from time to time.
12.2 Officials. The Mayor, City Clerk, City Treasurer, and City Attorney upon
retirement, may choose to remain on the City's insurance plan, provided they pay
all applicable premiums.
12.3 Retired Employee and Elected Officials - Employees and department heads,
including the Mayor and elected officials, (hereinafter retirees), who have attained
the age of 50 and have become entitled to a pension under the provisions of the
Police and Firemen's Pension Fund or have become entitled to benefits under the
IMRF retirement provisions, who have twenty-five (25) years of service, shall be
eligible to have the employer pay the entire amount of the applicable premium for
such insurance until the retiree and his or her spouse have attained the age of 65
years. Premium payment shall be for the retiree, retiree's spouse and dependent
children. Retired employees, elected officials or department heads, who become
re-employed where insurance coverage is provided by the new employer shall be
excluded from this provision. Upon attaining the age of sixty-five (65) years, or
such other age as Congress may subsequently determine for Medicare, this
coverage shall terminate and the retired employee, elected official or department
head shall make application to Medicare or to its successor program. If available,
the retired employee, elected official or department head shall, however, have the
option of purchasing Medicare supplement insurance at his/her expense through
the City's group insurance carrier.
12.4 Retired Employees and Elected Officials - Employees and department heads
including the Mayor and elected officials,-(hereinafter retirees) who have twenty
(20) years of service and who attained the age-of fifty-five (55) years and who
have become entitled to a pension under the provisions of the Police and
Firemen's Pension Fund or has reached fifty-five (55) years of age and who are
entitled to benefits under the IMRF retirement provisions, shall be eligible to have
the employer pay the entire amount of the applicable premium for such insurance
until the retirees and his/her spouse have attained the age of 65 years. Premium
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payment shall be for the retiree, retiree's spouse and dependent children. Retired
employees, elected officials or department heads, who become re-employed
where insurance coverage is provided by the new employer shall be excluded
from this provision. Upon attaining the age of sixty-five (65) years, or such other
age as Congress may subsequently determine for Medicare, this coverage shall
terminate and the retired employee, elected official or department head shall make
application to Medicare or to its successor program. If available, the retired
employee, elected official or department head shall, however, have the option of
purchasing Medicare supplement insurance at his expense through the City's
group insurance carrier.
12.5 Retired Employee or Elected Official - Employees and Department Heads,
including the Mayor and elected officials (hereinafter retiree) with less than
twenty (20) years of service who retire and are eligible to receive a pension under
the provisions of the Police and Fireman's Pension Fund or have become entitled
to benefits under the IMRF retirement provisions, and has reached the age of
fifty-five (55) years will be eligible to have the City pay a proportionate amount
of applicable employee premium based on years of service (x/20). If any
employee, elected official or department head, retires eligible for IMRF benefits
or eligible for a pension under the Police and Firemen's Pension Fund, and with
less than 20 years of service, then the City will not pay the full amount of the
employees' applicable healthcare premium. Retirees who become re-employed
where insurance coverage is provided by the new employer shall be excluded
from this provision. Upon attaining his age of sixty-five (65) years, or such other
age as Congress may subsequently determine for Medicare, this coverage shall
terminate and the retiree shall make application to Medicare or to its successor
program. If available, the retiree shall, however, have the option of purchasing
Medicare supplement insurance at his expense through the city's group insurance
carrier. The employer shall not pay any portion of the applicable premium for
dependents of participating retirees not covered by a collective bargaining
agreement if such retirees have less than twenty (20) years of service with the
City of Canton.
12.6 Salary Continuation - If the Administrative Assistant, Department Head, Zoning
Administrator or Department Head Assistant (hereinafter referred to collectively
as "appointed officials"), shall have their position eliminated or shall be removed
from their position other than for a conviction of a disqualifying crime, then the
appointed official shall receive one (1) week of normal salary for each year
worked with a maximum of twelve (12) weeks at the rate they were receiving
when their appointment was terminated. This salary continuation shall also
include the continuation of insurance coverage and life insurance but shall not
include the continued accrual of vacation, sick leave, personal days or holidays.
The City shall deduct normal tax withholdings and benefit contribution payments
during the salary continuation period.
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12.7 Disabled Employee and Spouse and Dependents of Deceased Employee. A
permanently disabled employee and the surviving spouse and dependent children
of a deceased employee shall participate in the City's insurance plan. Eligibility
shall continue until the surviving spouse attains the age of sixty-five (65) or such
other age as Congress may subsequently determine for Medicare at which time
the coverage shall terminate and the spouse of the deceased shall employee shall
make application to Medicare or its successor program. If available, the surviving
spouse of the deceased employee shall, however, have the option of purchasing
Medicare supplement insurance at his/her expense through the City's group
insurance carrier.
DIVISION 13 MISCELLANEOUS REGULATIONS
13.1 Employee's use of personal vehicle. When an employee is authorized or
required to drive a personal car for purposes related to employment, the employee
shall be compensated therefore at the applicable IRS mileage rate.
13.2 Telephone Requirements. Employees shall be required to have a telephone in
their residence or to provide the Department Head with a telephone number where
the employee may be reached. The employee shall keep the Department Head
advised, in writing, of such phone number and of any changes thereto.
13.3 Residency Requirements. All city employees shall become a resident of the City
of Canton, or reside within a ten (10) mile radius of the City, within thirty (30)
days after expiration of such employee's probationary period, if the employee is
to continue as an employee of the City.
13.4 Physical Examination. After being offered, but before starting a position with
the City, each employee shall undergo a thorough medical examination, including
drug test, by a physician (s) designated by the City, at the cost of the City, and no
one shall be employed unless the employee meets the minimum standards of
physical fitness required for the employee's respective position as determined by
the City.
13.5 Education Expense. The City shall reimburse the employee for tuition and books
required for attending any job related course or for attending any course required
for a job related degree, in the amount not reimbursed by other agencies, provided
the Mayor and the Department Head approve such in advance. The above
requirement would be contingent upon the successful completion of such course.
The City will also pay the cost for continuing education to maintain any required
license.
13.6 Conflicts of Interest. The City will conform to any and all appropriate state
statute regarding conflict of interest.
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13.7 Outside Employment. Full-time City employees are prohibited from secondary
employment, which may 1. cast discredit upon the City, 2. create embarrassment
to the City Government, or 3. interfere with the performance of the employee's
duties with the City.
13.8 Political Activity. All employees shall refrain from performing any political
activity during the period of their working hours. It will be the responsibility of
the employee to ensure that any and all political activity performed will be done
on his/her own time and not interfere with their respective job performance.
Nothing in this section, however, shall be construed to prevent employees from
becoming or continuing to be members of any political organization, from
attending political meetings, from expressing their views on political matters, or
from voting with complete freedom in any election.
13.9 Personal Use of City Equipment. Computers, phones, cameras, pagers, PDA's,
voicemail, email and internet are all governed by the City of Canton Technology
Policy. Employee use of any other City tools, supplies or equipment for personal
purposes or personal financial gain is strictly prohibited.
DIVISION 14 NON- FULL-TIME EMPLOYEES
14.1 Part-time and Seasonal Employees. The Department Heads are hereby
authorized to hire, with approval of the Mayor and advice and consent of the City
Council, such part-time and seasonal employees within the constraints of
appropriations, pay scales and authorized positions. Such employees shall have
all income taxes withheld from their wages and shall in the appropriate retirement
system as dictated by state law. Part-time and seasonal employees shall not be
eligible for paid sick leave, vacation leave, medical insurance or holiday pay; but
may be eligible for overtime and/or expense reimbursement. Any person
employed by the City in a part-time capacity shall not be allowed to work more
than twenty (20) hours per week unless prior approval is given by the Mayor or in
the case of need for an emergency situation.
14.2 Contractual Employees/Independent Contractors. The performance and
conduct of contractual employees will be covered under a specific mutually
agreed upon document between the City and said employee. Such employees
shall not have any deductions taken out of their paychecks. It will be the sole
responsibility of the contractual employee to insure all necessary state and federal
income taxes are paid along with any and all other mandated expenses.
DIVISION 15 GRIEVANCE
15.1 Procedure. Preliminary Oral Discussions. An attempt to resolve a grievance
through oral discussion shall take place with the respective supervisor. All
grievances must be presented no later than ten (10) calendar days from the date
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the grievant knew or should have known of the occurrence giving rise to the
complaint.
15.2 Method. If unable to resole the grievance in 15.1, grievances shall thereafter be
referred to the appropriate Department Head, in writing, within seventeen (17)
calendar days of the date on which the grievance occurred. The Department Head
shall respond in writing to each such grievance within seven (7) calendar days
following receipt of the written grievance. If the grievance thereafter remains
unresolved, it shall be referred in writing to the standing Committee on
Grievance, Negotiations and Personnel within seven (7) calendar days after the
response by the Department Head is made. The Committee shall thereafter meet
with the aggrieved employee and/or his representative, if any, within fourteen
(14) calendar days of submission of the written grievance to the Committee.
Following such meeting, the Committee shall make its written answer within
fourteen (14) calendar days following such meeting. However, by mutual
consent, this latter fourteen (14) day period may be extended by an instrument in
writing signed both by the aggrieved employee or his representative and by the
Chairman of the Committee or by the Chairman pro tem. If the grievance yet
remains, it shall, within seven (7) calendar days of the Committee's written
answer, be submitted to the Mayor in writing. The Mayor shall make written
answer within seven (7) calendar days of receipt of the written grievance. The
Mayor's decision shall be final and binding.
15.3 Limitation. Employees failure to file a grievance within the time limits
prescribed or follow the time limits for each step herein, shall result in an
automatic decision in favor of the employer.
DIVISION 16 RESIGNATION
16.1 Notice Required. In order to resign in good standing, a probationary or regular
employee shall give at least two weeks' notice of his/her intention to resign.
Department Head shall give at least thirty (30) days notice. Failure to give the
prescribed notice shall constitute a waiver of accumulated vacation pay and sick
pay as recorded in the City's personnel records. Employees may have his/her
prescribed notice reduced or waived with the written permission of the Mayor and
proper notification of the immediate supervisor. The Mayor shall report to the
Council that such a request has been granted.
DIVISION 17 LAYOFFS
17.1 Layoff. In the event it becomes necessary to lay off employees for any reason
employees shall be laid off in accordance with the needs of the City. Decisions
concerning layoffs will be based on the operational needs of the City and
budgetary constraints. No layoffs will be made without the approval of the
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Mayor. Wherever possible, employees' seniority with the City will be given
consideration.
17.2 Notice to be given. Any City employee may be laid off without reflection upon
his/her standing for lack of work or funds. At least two weeks' notice of the
effective date of a layoff shall be given each regular employee affected thereby.
At least thirty (30) days' notice of the effective date of a layoff shall be given
each Department Head affected thereby.
17.3 Recall. Employees shall be recalled from layoff according to qualifications. The
recall will be in accordance with the needs of the City. Any employee who has
not worked for the City for more than twelve (12) months shall not eligible for
recall.
DIVISION 18 DISCIPLINE AND DISCHARGE
18.1 Conduct. An employee with the City of Canton is always an at-will employee. It
is recognized that if an employee's conduct falls below a desirable standard, the
employer may wish to discipline the employee up to and including discharge.
Discharge may be with or without cause.
18.2 Grounds for Immediate Discharge. The Following shall, without limitation, be
grounds for the immediate discharge of an employee:
a) Drinking or taking non-prescription drugs on the job or arriving on the
job under the influence of alcohol or non-prescription drugs.
b) Fighting while on duty.
c) Refusal to follow the orders of one's Department Head or immediate
supervisor (direct insubordination).
d) Conviction of a felony or other crime of moral turpitude.
e) Insubordination, direct or indirect.
It is further recognized that the above list is not inclusive, but is indicative of the
type of conduct, which will lead to discharge.
18.3 Grounds for Disciplinary Action. The following shall, without limitation, be
grounds for disciplinary action:
a) Absence from work without permission
b) Habitual tardiness
c) Habitual absenteeism
d) Failure to perform work in an efficient manner
e) Being wasteful of material, property and/or equipment of the City and
of working time.
f) Failure or refusal to cooperate with fellow employees in such a way
that such failure or refusal results in the hindrance or obstruction of
any employee's performance on the job.
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g) Conduct, which reflects upon the reputation of the City of employer in
a slanderous, libelous or abusive manner.
DIVISION 19 ADMINISTRATIVE RETREAT
19.1 Annual Meeting. At the conclusion of the first City Council Meeting in January,
the City Council may, at the request of staff, enter into executive session for
personnel related matters. At this time, Department Heads and other invited staff
may discuss with the Council their objectives and/or goals for the new fiscal year.
The purpose of this meeting is for the development and continuance of open
dialogue between the Council and its management personnel.
DIVISION 20 ADMINISTRATION OF PERSONNEL
20.1 Personnel Administration. The personnel policy and procedures shall be
enforced by, and technical questions on this policy and its corollary procedures
shall be referred to the Mayor who may delegate the responsibilities aimed at
establishing and insuring the maintenance of effective personnel administration
on behalf of the City.
20.2 Functional, Administrative and Operational Assignments and/or Re-
Assignments. The Mayor in the fulfillment of his/her duties as Chief Executive
Officer shall make all functional, administrative, and operational assignments
and/or re-assignments among existing staff of the City.
20.3 City Council's responsibility with Respect to the Policy. In accordance with
Illinois State Statutes, the City Council is a legislative and policy making body
and as such is the entity having the authority to make policy or change policy. It
shall be the City Council's responsibility to review and update this and related
policies from time to time as may be necessary in order to meet the needs of the
City.
DIVISION 21 CONFLICT OF LAW OR PROVISIONS
21.1 Conflict of Provisions. Any conflict between the provisions of this policy and
the specific provisions of any applicable collective bargaining agreement shall, to
the extent of such conflict, be governed or resolved by the specific provision of
the applicable collective bargaining agreement.
21.2 Conflict of Law. Any conflict between the provision of the this policy and the
provisions of any applicable federal or state law, rule or regulation shall, to the
extent of such conflict, be governed or resolved by the provision of the applicable
federal or state law, rule or regulation.
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This Personnel Policy was adopted this day in , 2004.
Approved:
Jerry M. Bohler, Mayor
Attest:
Nancy Whites, City Clerk
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