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19810812CCMeeting1 1 1 43 Tybee Island, Georgia August 12, 1981 The regular monthly meeting of the Tybee Island City Council was held at 3:30 p.m. on Wednesday, August 12, 1981 at City Hall with Mayor Michael J. Counihan presiding. The following were present: Council members W. C. Fleetwood, John J. Owen, Jr., Jim Fabrikant, Jr., Julianne J. Meyers and Jerome W. Bettencourt. Councilman Nick C. Alexander was absent. City Attorney James E. McAleer was present. Mayor Counihan invited those present to speak to the Council if they so desired. Only one visitor came forward. Mr. Earl Anderson, former Zoning Administrator, read a statement objecting to the possible implication that his resignation may have been connected with flood control; he asked that any alleged statement be retracted and warned that such statements may be libelous. His statement was accepted without remark. There being no further visitors, the meeting was opened for business legally presented. Councilman Fleetwood moved, and Councilman Owen seconded, adoption of the minutes of the previous meeting. The motion passed unanimously. Bills for the month of July were approved as follows: Capital Outlay - $3,130.45, General Government - $2,558.83, Parking Meter Department - $232.32, Police Department - $3,912.90, Sanitation Department - $5,099.41, Department of Public Works - $5,092.73, Fire Department - $774.62, Recreation - $687.81, Ceramics - $489.88, Sewer Department - $4,092.29, and Water Department - $1,692.56. In addition Other Expenses in the amount of $1,735.09 were also approved. Under Communications the following letters were read: 44 (1) A letter from John Hutton of Thomas & Hutton Engineering Company dated August 8, 1981 and discussing certain requirements that should be considered in forthcoming bids for hauling of solid waste from our transfer station to the City of Savannah landfill. (2) A letter dated August 7, 1981 from Mr. Erwin Friedman to Chief John Price, commending certain actions of local police officers on Sunday, August 2, 1981. (3) A monthly report for July, 1981 prepared by Mrs. Martha Walsh, Tybee Branch Librarian, and containing information concerning circulation and activities. After the reading of the report Mr. Fleetwood congratulated the chairman, Mr. Bettencourt, stating that the services received are excellent for monies expended and that, next to Tybee Museum, is the best run facility for cost - effectiveness. As a committee report, Mrs. Meyers reported on the upcoming meeting of a committee to study the fire code and recommend changes. She also reported on a recent meeting of the Board of Adjustments and Appeals at which time the Board unanimously recommended that certain changes in the local code be effected as soon as possible. Two Deputy Registrars for the City of Tybee Island were then sworn in by the City Attorney, Mr. James E. McAleer. The two new Deputy Registrars are Bernadette B. Taylor and Patricia B. Pagan. They will serve at the pleasure of the Mayor and Council for an indeterminate term. The first item on the agenda was a request by Lighthouse Point, Inc. for two separate actions. The first is approval of the final development plan for the project called Lighthouse Point. The other is a request for a quit claim deed to two portions of unopened streets within the project boundaries. Mr. Bettencourt asked if access to the beach is available to the public and Mr. Friedman answered that public rights -of -way exist on either side of the 1 1 1 45 project: Hollywood Avenue on the east and an unopened extension of Van Horne on the west. Councilman Fabrikant asked if public access through the project is allowed and the answer was negative. Mr. Friedman then explained to council that the city never Lwea-o —out the streets within the area, nor did the city prepare the map on which the streets are shown. He stated that it is a technical housekeeping chore and does not in any way deprive any person of access to the beach. Councilman Owen then asked the City Attorney if he would make a statement concerning the accuracy of Mr. Friedman's interpretation. Mr. McAleer responded that he had not personally re- searched the street; however if it has never been dedicated it does not belong to the city. Councilman Bettencourt moved that the final development plans be accepted as presented and this motion carried unanimously. Councilman Bettencourt then further queried the city attorney concerning the requested streets. Mr. McAleer stated that no responsible attorney will certify something he has not personally checked, but that in essense Mr. Friedman's statements are correct. Mr. Fleetwood then explained that normally a subdivision plat expires after twenty years. The plat from which these streets were taken expired fifteen years ago, but final plans for the project depend on the legal question being answered favorably. Mayor Counihan also spoke favorably of the project. Councilman Jim Fabrikant moved that the quit claim be granted; Council- woman Meyers seconded and the motion passed with four in favor and one (Councilman Bettencourt) abstaining. There were no negative votes. Mr. Bill Meehan of Meehan and Associates then presented the audit report for the fiscal year beginning May 1, 1980 and ending April 30, 1981. Mr. Meehan told the City Council that the report shows that the previous deficits have been 1 1 46 eliminated, and that capital improvements have been extensive. Mr. Meehan also suggested that Council carefully review the letter accompanying the audit as it shows that water /sewer was in questionable condition three years ago, but these issues have been resolved and the water /sewer department is now operating in an acceptable financial condition. Councilman Fleetwood moved that the audit be accepted as information and placed on file for public examination in the City Hall offices. Councilman Fabrikant seconded and the motion carried unanimously. Mayor Counihan then informed the public that in future county residents will pay additional charges for services supported by the city's general funds. The first such service to be discussed was fire protection. Council- woman Meyers moved that a charge of $5.00 per month ($60.00 annually) payable yearly in advance be charged for fire protection. She further stated that either public advertisement or notices will be sent to inform those eligible for this service of its availability., Councilman Fleetwood seconded the motion, amending it so that ISO is notified for insurance purposes. The amendment, and the motion, passed unanimously. Councilman Fabrikant then moved that garbage collection fees be in- creased from $10.00 monthly to $20.00 monthly for residential customers outside city limits, with a fifty dollar increase to each commercial customer; all bills to be paid quarterly in advance. Councilman Bettencourt seconded, and the motion passed unanimously. City Attorney McAleer noted that some notice to customers should be given and it was determined that the new rates would become effective on September 1st, and that advertisement in advance would be made. Councilman Owen, Police Commissioner, explained that the city and the county police have a reciprocal agreement in which each comes to the others aid in emergencies. He stated that city police patrol Highway 80 only within the city limits, and that we will respond outside city limits only if needed to assist 1 1 47 county forces. Councilman Bettencourt, after some discussion, moved that fees for Ceramics classes be set at $1.50 per visit for non - residents; also that regis- tration fees for sports programs include an additional fee of at least $2.50 per person for county residents. The motion was seconded by Councilman Fleetwood and unanimously carried. The Second Reading of the Personnel Ordinance was read in its entirety, and several amendments were suggested. After an hour -long discussion and reading, Councilman Fabrikant moved the ordinance, as amended, be accepted on second reading, and adopted. The motion carried unanimously. There being no further business, the meeting was adjourned. Ag4.0-4--Kx6 g- CLERK OF COUNC 4-41? 1 (SEAL) 1 47 -A -1 OATH OF REGISTRATION OFFICERS I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as Deputy Registrar of the City of Tybee Island, Chatham County, Georgia. Patricia B. Pagan, Deputy Registrar Sworn to an scrib before me this /2- day of , 1981. James E. McAleer, City Attorney ATTEST: L R.wena B. Fripp, Clerk of 'off cil 1 1 (SEAL) 1 OATH OF REGISTRATION OFFICERS I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as Deputy Registrar of the City of Tybee Island, Chatham County, Georgia. j/f,via d.,t&-81 Bernadette B. Taylor, Sworn to and subscribed befo e` me this /2 day 1981. James E. McAle , City Attorney ATTEST: o, ena B. Fripp, C e 'k of ' "o ► cil 1 1 TYBEE ISLAND PERSONNEL POLICY I. INTRODUCTION 47 -B -1 1.1 Authority The Mayor and Council of Tybee Island, Georgia read and duly adopted in open meeting;in accordance with the Personnel Ordinance the following policies are established. 1.2 Purposes These policies are adopted to provide for the recruitment and development of the best available employee for each position in the personnel system of Tybee Island and to establish orderly procedures for administering that personnel system so as to be consistent with the following merit principles: A. Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skill, including open competition of qualified applicants for initial appointment; B. Establishing pay rates consistent with the principles of providing comparable pay for comparable work; C. Training employees, as needed, to assure high - quality performance; D. Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance and separating employees whose inade- quate performance cannot be corrected; E. Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, age, religion, or handicapped status. F. Establishing a procedure for the presentation and adjustment of employee grievances based on alleged inequitable treatment because of some con- ditions of their employment; or based on alleged discrimination because of race, color, national origin, sex, age, religion, or handicapped status. G. Assuring employees protection against partisan political coercion and prohibiting their use of official authority for interfering with or affecting the results of an election or the nomination for an office. 1.3 Administration The responsibility for the administration and interpretation of the per- sonnel rules and regulations are vested in the Mayor and Council in accor- dance with policy guidelines established by the Mayor and Council. 1.4 A plicability of Policy The provisions of the Personnel Policy of Tybee Island shall not be appli- cable to part -time, seasonal, temporary, or volunteer employees except where specified. 1 47 -B -2 II. Allocation Of Offices And Positions To Classified Or Exempt Service 2.1 General Allocation All offices and positions of the city shall be allocated to the classified or exempt service. 2.2 Exempt Service The exempt service shall include the following: A. All elected officials, City Attorney and City Recorder B. Positions involving seasonal or part -time employment C. Volunteer personnel and personnel appointed to serve without compensation D. Consultants and Council rendering temporary professional service. 2.3 Classified Service The classified service shall include all other positions in the city service which are not placed in the exempt service. III. Classification Plan 3.1 Definition The classification plan is the systematic grouping of position s into appropriate classes. A. A position is a group of currently assigned duties and responsi- bilities requiring the full or part -time employment of one or more persons. B. A class is a group of positions that: (1) has similar duties and responsibilities; (2) requires like qualifications and; (3) can be equitably compensated by the same salary range. C. The class title is the official designation or name of the class to which a position has been assigned. It shall be used on all per- sonnel actions. 3.2 Scope The provisions of this section hereinafter set forth shall apply only to the classified service unless otherwise provided herein. 3.3 Establishment A classification plan has been established and is maintained and filed at City Hall. The plan is available for review to city employees. 3.4 Basis for Position Classification 1 1 1 47 —B -3 Each position shall be assigned or allocated to an appropriate job classification on the basis of the kind and level of its duties and responsibilities to the end that all positions in the same classifi- cation shall be sufficiently alike to permit the use of a single des- criptive title, the same tests of competence and the same salary range thus carrying out the basic principle of classification, which is equal pay for equal work. A job classification may contain one position or a number of positions. From time to time a review of the job classifications shall be undertaken and a report thereof shall be made to the Mayor and Council. 3.5 Changes in Classification Plan A. The classification plan may be amended from time to time by the Mayor and Council. Such changes may result from the need of creating new positions, changes in organization or changes in assigned duties and responsibilities. B. The Mayor and Council or designate shall review all requests for creation of new positions, the abolition or consolidation of present positions, reclassification of positions to different job classes, or the reallocation of positions to new salary ranges. In such review the current duties and responsibilities of the position concerned will be studied and the appropriate action necessary to ensure the correct classification and allocation of the position will be taken. C. Each department head shall report to the Mayor and Council or designate any changes in the organization or assignment of duties and responsibilities to a given employee which result in changes in the position - classification plan or in the classification of any of the positions within the department. IV. Pay For Employees 4.1 Pay Plan The pay of all employees is established by the pay plan for the class of position in which they are employed. In arriving at salary ranges, consideration shall be given to prevailing rates for comparable work in other public employment and private business, the current cost of living, responsibilities of the position, and the City's financial condition and policy. 4.2 Pay Steps For each class of positions, a pay range is assigned, and for each class of positions within that range six (6) pay steps are provided. Initial employment is normally at the first pay step for that position but in exceptional circumstances based upon experience or unusual qualifications of an applicant, an employee may be hired in a higher pay step. 4.3 Notice to Employee of Pay & Salary Range: Basis for Further Increase 1 1 47 -B -4 After each class or position has been assigned to a salary grade and the pay plan and rules for its administration have been adopted by the Mayor and Council, each employee shall be advised of the applicable pay step and the salary grade to which the position title has been assigned. When an employee attains the maximum step in the salary grade for his position, said employee shall not receive further salary increases unless: A. The position is reclassified B. The employee is promoted to another position having a higher salary grade; or C. A general increase is granted to all employees; or D. Longevity pay is approved. 4.4 New Appointments Generally, a new employee will be paid at the minimum of the approved salary range for the position to which the new employee is appointed. In exceptional cases a new employee may be appointed at the second or higher pay step. 4.5 Promotions When an employee is promoted to a position in a higher class, the em- ployee's salary shall be increased to the minimum rate for the higher class. In the case of overlapping ranges, the promoted employee shall be increased to the step immediately above the employee's present salary. 4.6 Reinstated Employees A reinstated employee shall be paid at a salary rate within the approved salary range for the position in which the employee is reinstated. 4.7 Rehired Employees Employees who voluntarily leave the city service and are subsequently rehired at a later date shall be paid at step A of the approved pay range and shall be considered a new employee. This means all benefits accrued during the previous period of employment are forfeited and length of service will be calculated from the most recent employment date. 4.8 Transfer The pay of an employee transferred to another position of the same pay range shall remain unchanged. 4.9 Demotions The pay of an employee demoted' to a position of lower range shall be re- duced to a step within the range to which the employee was demoted. 4.1.0 Administrative Salary Adjustments 1 47 -B -5 The salary of each employee shall be reviewed annually, from the date of the probationary review, by the department head for the purpose of determining which employees shall receive step increases in pay range. Personnel records, performance and length of service will be considered in making recommendations, with major emphasis on evaluation of services rendered by the employee. Based upon the em- ployee's evaluation, the department head will make appropriate re- commendations to the Mayor and Council or designate. V. Recruitment and Selection 5.1 Recruitment for Vacant Positions All full -time vacancies shall be publicized by posting announcements and by other such means as necessary to assure obtaining well qualified candidates for the positions. The announcement shall specify the title and salary range of the vacant position, minimum qualification require- ments, manner of making application, final date on which applications shall be received, and other pertinent information. Every reasonable effort shall be made to publicize vacancies so that all interested per- sons are informed and qualified persons are attracted to compete. When a vacancy occurs, a recruitment plan will be developed by the Mayor and Council or designate and the hiring authority based on current or- ganizational needs. 5.2 Application Process Applications shall be made on forms provided by the Mayor and Council. Such forms shall require information covering training, experience, and other job related information. Applications shall be signed by the person applying. All persons must be informed that the application will be placed in an active file for a period of six months. 5.3 Disqualification of Applicants The Mayor and Council or designate may disqualify an applicant who does not meet the requirements for the position. An applicant may be disqual- ified for the practice or attempted practice of fraud or deception in the completion of his application. The applicant may be required to submit proof of his education, military service or any other such documentation as deemed necessary. VI. APPOINTMENTS 6.1 Recommendations and Appointments Department heads shall examine applications and applicants for employ- ment and recommend applicants for appointment to vacancies existing with their departments. Appointments shall be made on the basis of ability, training, and experience without regard to age, race, creed, national origin, or sex. 6.2 Types of Appointments 1 1 47 —B -6 A. Permanent Appointment - Appointment to permanent positions shall only be made when a vacancy in a permanent classification exists and such appointments shall be subject to a probationary period. B. Temporary appointment - In the absence of an appropriate list for filling vacancies, temporary appointments may be made for a period not to exceed twelve (12) months. No temporary appointments shall be construed to confer tenure of office by the employee and any temporary appointment may be terminated at any time. C. Emergency Appointment - When an emergency exists and in order to prevent stoppage of public service or loss or convenience to the public, appointments may be made for periods not to exceed thirty (30) days. Emergency appointments shall be reported immediately to the Mayor and Council or designate. 6.3 Pre- Employment Medical Examination Prospective employees may be required to complete a pre - employment medical examination as a condition for employment. The physician to conduct the examination shall be selected by the city and expenses for the examination assumed by the same. 6.4 Probationary Period Each employee receiving an appointment with the city shall complete a probationary period of three (3) months. For Law Enforcement personnel, in appropriate positions, the probationary period shall not be considered complete until the employee has successfully com- pleted the required basic training course, even if the time to com- plete the said training exceeds six months. However, under no cir- cumstances will the probationary period be less than three months. At the conclusion of the probationary period, the department head shall recommend whether to: A. Retain the employee in the present position and classification; B. Assign the employee to an alternative position usually at a lower classification; or C. Separate the employee from city service. VII. Types of Employment 7.1 Full -Time Employees Full -time employees shall be defined as personnel who regularly work 35 hours or more per week. Vacation, sick leave and holidays shall count as time worked for this purpose. 7.2 Part -Time Employees Part -time employees are those employed to work less than 35 hours per week. 1 1 1 7.3 Seasonal and Temporary Seasonal and temporary employees are those employees who work either full or part -time, but are employed for a specified time period at the end of which they are separated from the city service. VIII. Records 8.1 Personnel Transactions All appointments, separations and other personnel transactions shall be made on forms designated by the City. A separate file folder shall be prepared and maintained for each employee and shall contain the origi- nal copy of all pertinent documents. 8.2 Public Inspection All personnel records of employees covered under these policies and all other records and materials relating to the administration of the per- sonnel system shall be considered confidential and the property of the city. Information which is obtained in the course of official duties shall not be released by any employee other than by those charged with this responsibility as part of official duties. The following information relative to employees and former employees is available for public inspection at reasonable times and in accordance with such procedures as the Mayor and Council may prescribe: Name, class title and salary, selection records and performance rating reports are accessible only to the department head concerned, the Mayor and Council or designate, and the employee involved. Other personnel in- formation may be made available for official purposes at the discretion of the Mayor and Council. 8.3 Central Personnel File A central file of records on all personnel will be maintained. The file will contain for all employees: (1) Job application (for those employees on the payroll at the time of adoption of these rules, a similar form will be completed for in- formational purposes); (2) Copies of all position or pay rate changes; (3) Attendance records, including vacations, sick leave, and other leave; and, (4) Other personnel action notices and personnel dates required for the proper administration ofrthe personnel program. 8.4 Personnel Record Changes If, at any time, an employee's address, name, phone number, or other pertinent information changes, the change should be immediately reported. IX. Separation of Employees 9.1 Types of Separation 1 1 1 Dismissal specified Suspension ciplinary 47 -B -8 - an involuntary separation, except by expiration of term by law, suspension, layoff, or retirement. - involuntary separation during a limited period for dis- purposes. Resignation - Voluntary separation. Layoff - involuntary separation through no fault of the employee -as by reason of lack of funds, changes in organization, completion of temporary or restricted employment, or similar and without adverse effect on the employee's eligibility for further employment. (5) Retirement. 9.2 Resignation Procedures Unless otherwise specified by contract, department heads are required to submit notices in writing to the Mayor and Council at least thirty (30) days in advance of their intent to resign in order to leave city service in good standing. All other employees are required to notify their de- partment heads in writing two weeks in advance of their intent to resign in order to leave city service in good standing. X. Disciplinary Action 10.1 Types of Discipline (1) Reprimand - An oral or written advisement to the employee that some phase of the employee's work performance is not satisfactory and must be corrected to prevent the employee from exposure to more severe dis- ciplinary action. Reprimands may be given by the department heads. (2) Suspensions - Temporary separation from the service for disciplinary purposes where the case is not sufficiently grave to merit dismissal. An employee may be suspended by the appropriate department head with approval from the appropriate elected official(s). (3) Demotions - Demotions are necessary in order that employees whose work has not been satisfactory, but who do not deserve dismissal, may be retained and assigned less difficult work. An employee may be demoted by the appropriate department head with approval from the appropriate elected official(s). (4) Dismissals - Dismissals may be made for inefficiency, insubordination, misconduct or other just causes. A department head may dismiss a reg- ular full -time employee within said department head's jurisdiction with approval from the appropriate elected official(s). Disciplinary action against department heads shall be administered solely by the Mayor and Council. 10.2 Causes for Reprimand, Suspension, Demotion, or Dismissal An employee may be reprimanded, suspended, demoted or dismissed for the following reasons: 1 47 -B -9 (1) Incompetence or inefficiency in the performance of the duties of the position; (2) Violation of any lawful official regulation or order, or failure to obey any proper direction made and given by a superior; (3) Misappropriation, destruction, theft or conversion of city property; (4) Falsification of any information required by the city; (5) Negligence or carelessness resulting in damage to city property or equipment; (6) Offensive conduct or language in public or toward the public, city officials, or fellow employees, either on or off duty; (7) Habitual tardiness and /or absenteeism; (8) Takes for personal use from any person, any fee, gift or other valu- able things given in the hope or expectation of receiving a favor or better treatment than that accorded other persons nor shall the employee accept any bribe, gift, token, monies or other things of value intended as an inducement to perform or refrain from performing any official act; (9) Introduction, possession or use on city property or in city equipment of intoxicating liquor or narcotics; (10) Employee subsequently becomes physcially or mentally unfit for the performance of duties; (11) Absences without leave or failure to give proper notice of absences; (12) Conviction of a felony or other crime involving moral turpitude; (13) Willful violation of any provision of this policy. Disciplinary action against an employee based on age, creed, national origin, race or sex, or for partisan reasons shall be considered a viola- tion of these rules. 10.3 Informal Disciplinary Hearing Before an employee is suspended without pay, demoted, or dismissed from employment, he shall be entitled to an informal hearing before the depart- ment head. At least twelve hours prior to such a hearing, the employee will be furnished with a written notice stating the disciplinary action contemplated, and the reasons for such actions. This notice should ad- vise the employee that he will have an opportunity to respond in writing and /or orally before the department head at the time of the hearing so as to effectively rebut the reasons for disciplinary action contemplated. Following the hearing the department head may orally advise the employee of his decision and in the event that disciplinary action is taken against the employee the department head shall orally advise the employee of the reasons for such action. If disciplinary action is taken, it shall become effective immediately. A notice of the action taken, with a statement of the reasons therefore, will be filed in the office of the personnel admin- istrator prior to closing of the succeeding business day. 10.4 Extraordinary Circumstances In any extraordinary situation where an employee is unfit to perform his work under circumstances where retention of the employee pending a hearing might result in damage to the property or injury to the employee or other persons or the employee is physically unable to perform his duties, or retention would be detrimental to the interest of the city government, an employee may be suspended temporarily prior to a hearing. A hearing will 1 1 1 47 -B -10 then be scheduled as soon as practicable to determine whether the temporary suspension was without pay, if the employee desires such a hearing. The provisions of 10.3 and 10.4 shall not apply to probationary employees. XI. Appeals (Disciplinary) 11.1 After any suspension without pay, demotion, or dismissal from city employ- ment, the affected employee shall have the right to appeal within five days after the effective date of the disciplinary action. The employee should notify the city council in writing of his desire to have a hearing before the city council. Upon receiving a written appeal from an employee pursuant to the foregoing provision, the City Council will schedule an evidentuary hearing within twenty (20) days from the effective date of the disciplinary action and shall promptly notify the employee of the time of the hearing in writing, the reasons for the disciplinary action taken, the names and the nature of the testimony of the witnesses against him, and that the employee will have an opportunity to present evidence on the issues. XII. Grievances 12.1 Grievance Procedure The effective accomplishment of the work of the city requires prompt con- sideration and equitable adjustment of employee grievances. It is the desire of the city to adjust the causes of grievances informally, and council committee chairpersons, department heads and employees are expected to make every effort to resolve problems as they arise. In the city procedures follow the established lines of authority. An em- ployee first discusses the problem with the appropriate department head. If satisfaction is not achieved by the above procedure within ten (10) working days, the grievance may then be presented to the City Council or to the appropriate committee within the City Council. Grievance problems carried to the council or to a council committee must be submitted in writing. The City Council or committee shall convene a meeting within ten (10) days to consider the grievance. The employee and the department head shall have the right to appear and be heard. The City Council or committee shall take appropriate action which may include a recommendation to change the personnel rules and regulations, a finding that the grievance is unjust- ified or any other appropriate recommendation. No employee shall be disciplined or discriminated against in any way for proper use of the grievance procedure. XIII. Leave Policies 13.1 Annual Leave Annual Leave is based on years of service to the city and is computed as follows: 1 1 Full -Time Employees - Employees in their first year of service earn 1/2 of a day per month, or six (6) workdays the first year. Accumulation be- gins as soon as employment begins, but annual leave may not be taken un- til after three months of continuous employment with the city. Employees with one or more years of continuous service earn leave at the rate of one (1) day per month, or twelve (12) workdays per year. Employees with ten or more years of continuous service earn leave at the rate of one and 2 days per month, or eighteen (18) workdays per year. Permanent Part -Time Employees - Permanent part -time employees earn annual leave at the rate of 1/4 of a day per month, or three (3) days per year in their first year of service. After their first year of employment, they may earn annual leave at the rate of 1/2 day per month, six (6) days per year. Vacation Leave Schedule Vacation leave shall be scheduled with particular regard to seniority of employees, departmental operating requirements, and insofar as possible, the requests of the employees. Employees shall submit in writing a re- quest for vacation leave to their department head at least two weeks prior to the desired vacation date. Vacation leave may not be taken in incre- ments of less than one -half day. In no case shall a city employee have his /her annual leave extended more than one year beyond the year it was earned, unless due to work schedules or unforeseen events, and then only at the discretion of the employee's department head and with the consent of the Mayor and Council, an exten- sion of six months may be granted for use of said leave. Seasonal and temporary employees are not eligible for vacation leave. Employees may not take more than ten (10) consecutive working days of va- cation without obtaining special approval of the appropriate department head and elected official(s). Pay In Lieu of Second Week of Vacation Leave Any employee eligible for two weeks vacation time may elect to be paid for one week by notifying the appropriate department head on the form provided for this purpose, provided this permission is approved by both the depart- ment head and the appropriate elected official(s). * 13.2 Sick Leave Sick leave is given to employees only for sound and valid reasons. It is so designed to meet necessary, emergency conditions of illness. Each de- partment head has the authority to approve or disapprove sick leave appli- cations. A. An employee may be eligible for sick leave for the following reasons: (1) Personal Illness (2) Quarantine of an employee by a physician (3) Illness in the immediate family requiring the employee to remain at home * Committee Chairman 1 (4) Death of a member of employee's imediate family. All permanent employees, working full or part time, and career employees serving temporarily in substitute or acting capacities, are eligible to accrue sick leave as described in "C" below. Temporary, seasonal, and other non - permanent part time or substitute employees are not eli- gible for sick leave. B. Sick leave for on- the -job injury. An employee who sustains an injury on the job must, at the time of the injury or as soon as possible thereafter, notify the supervisor on the forms provided. The appro- priate department head shall review the case and make recommendations to the City Council or designate for appropriate compensation. If the injury necessitates the employee's absence from work, the employee shall receive only that compensation provided under Workman's Compensation. C. Accrual of Sick Leave. Full -time eligible employees sha }1 earn sick leave at the rate of one (1) day per month, or twelve (12) days per year, and may accumulate unused sick leave indefinitely. Permanent employees working less than full -time shall have their sick leave reduced proportionately as their normal hours of work are to the 40 -hour work week. Sick leave shall accrue from the date of employment, but no employee shall be entitled to sick leave until completion of the ninety day probationary period. An employee who has taken sixteen (16) or more days sick leave with or without pay in one month shall not earn sick leave credit for that month. D. Reporting of Sick Leave. An employee who is absent from work because of illness is responsible for reporting to the appropriate supervisor or department head at the designated reporting time on the day of absence, and will be expected to keep his supervisor or department head informed of his progress on a regular basis; such leave will be charged against sick leave. Where a relief employee is required in a department which must provide 24 hours sustained service, the employee, if possible, should report his absence two hours before the designated reporting time. In the event of failure of compliance with this pro- vision, the employee will be charged on the payroll with leave without pay A physician's certificate may be required for sick leave absences of three (3) or more days. E. Use of Sick Leave. Sick leave is not to be considered a right which an employee may use at his discretion, but a privilege not to be abused. Department heads who feel an employee is abusing the sick leave privi- lege may require the employee to furnish a doctor's certificate for each period of absence regardless of the provisions of "D" above. 47-B-13 F. An employee, upon separation from the city service, shall not receive payment for accumulated sick leave. 13.3 Civil Leave An employee will be granted civil leave when it is necessary for the em- ployee to answer a subpoena, perform emergency civilian duty for national defense, or serve on a jury. The employee will be paid at his or her regular salary while on civil leave and such leave shall not count against vacation or sick leave. 13.4 Military Leave Employees may receive a leave of absence not to exceed fifteen (15) days for participation in the National Guard, Reserve Armed Forces or other military duty. The employee will be paid his or her regular salary during this period in accordance with section 86.1109 of the Georgia Code Annotated. Request for leave shall be accompanied by a copy of the offi- cial orders requiring training or duty. 13.5 Maternity Leave Maternity leave may be charged to accumulated sick leave, vacation leave to the extent available, or may, at the option of the employee, be taken without pay. The same procedures for sick leave, vacation leave, and leave without pay shall apply where. appropriate. 13.6 Leave Without Pay A. When it is deemed in the best interest of the employee and the city, a permanent status career employee may be granted leave without pay for personal or other reasons, provided such leave is recommended by the department head and approved by the Mayor and Council or designate. Non - career employees are not eligible for grants of leave without pay. Leave without pay shall not exceed one (1) year. B. Valid reasons shall include, but not be confined to, the following: prolonged illness or disability of the employee or a member of the em- ployee's household, educational or training enrichment, pregnancy and childbirth, and military service. C. Procedure for Requesting Leave Without Pay. Application for leave with- out pay shall be submitted in writing in advance, showing the employee's reason for requesting such leave and shall contain a statement that he intends to return to the city service upon expiration of such leave, and that he agrees to the terms and conditions as outlined in these policies. In emergency situations, when an employee does not have accrued leave and is unable to return to work as scheduled as a result of illness or emergency reasons, his department may recommend approval of the granting of leave without pay without prior application by the employee, or the Personnel Officer may investigate and make such re- commendations in the absence of the department head. 47 -B -14 D Temporary Filling of Position of Employee on Leave Without Pay During the employee's approved leave of absence, his position may be filled by the temporary appointment of a substitute. At the expira- tion of leave without pay, the employee (subject to "E" below) shall be reinstated in his former position, and the substitute employee returned to his former position without loss of status or benefits. E Rights of Employee on Leave Without Pay. Reinstatement in Former Position. Employees granted leave without pay not exceeding two calen- dar months shall be entitled to reinstatement in thier former positions - For employees granted leave without pay exceeding two calendar months, every effort will be made to return the employee to his former position or a comparable one. He shall be listed on re- employment lists in the same manner as employees who are laid off in good standing. 13.7 Holiday Leave The City observes the following paid holidays each year: (1) New Year's Day (2) Presidents Day (3) Mayor's Employee Appreciation Day (March 17) (4) Memorial Day (5) Independence Day (6) Labor Day (7) Veteran's Day (8) Thanksgiving Day (9) Christmas Day In addition to the above, each employee has the option of observing Dr. Martin Luther King's Birthday or receiving a paid holiday for their own birthday. If an employee elects to take his own birthday, the day off must be taken within three (3) days of the actual birthday date. When a holiday falls on a Saturday, it is observed on the Friday before. If it falls on a Sunday, it is observed on the following Monday. Uninterrupted continuation of service is required of some city departments. Consequently, the work schedule of employees in those departments sometimes necessitates work on authorized holidays. Holiday leave for these employees shall be administered as follows: Employees who work on authorized holiday, shall be granted a workday of leave with pay at a later date, to be deter- mined by the appropriate department head. Employees whose scheduled day off falls on an authorized holiday shall be granted a workday of leave with pay at a later date to be determined by the appropriate department head. XIV. Overtime /Compensatory Time Off 14.1 Approval and Designation - Due to the various job requirements of different departments, the overtime /compensatory time off policy shall be prepared and excuted on a departmental basis. The individual department policies shall be approved by the Mayor and Council before going into effect. XV. Outside Employmnet 15..1 Authorization and Conditions Required to Accept Outside Employment Employees are expected to devote primary attention to the requirements of their city jobs. It is permissable to obtain outside employment if the employee first gains written approval from the appropriate department head and if: 47 -B -15 (1) There is no conflict in working hours (2) The employee's job efficiency is not reduced (3) There is no conflict of interest that could cause embarrassment to the city or to the employee. XVI. Political Activity 16.1 Policy No City employee shall actively seek city elective office(s) or actively advocate or oppose the candidacy of any individual for nomination or elec- tion to any city office. An employee may participate in political activi- ties at other levels of government, provided that such participation is not engaged in during working hours, and provided such participation does not adversely affect performance as a city employee. An employee who qualified for elective office at the city level shall resign in writing from city service effective the date of qualification. Nothing in this section shall be construed to prevent employees from be- coming or continuing to be members of any political party, club or organi- zation; attending political meetings; expressing their views in private on political matters outside working hours and off city premises; or voting with complete freedom in any election. XVII. Employee Development 17.1 In- Service Training- The Mayor and Council or designate shall be responsible for fostering and promoting in- service training of employees for the purpose of improving the quality of service and to assist employees in preparing themselves for advancement. 17.2 Educational Enrichment. Upon the recommendation of the department head and the approval of the Mayor and Council or designate, an employee may receive payment for the cost of tuition and books for any job- related course suc- cessfully completed. Such courses shall be taken during employee off -duty hours unless it is necessary training for the job which is specifically approved by the department. The City Council or designate may also approve compensation based on regular city travel policies. XVIII. Employee Fringe Benefits 18.1 Retirement System. Provisions for retirement systems for city employees shall be as outlined in any retirement ordinance passed or amended by the Mayor and Council. 18.2 Insurance Benefits. Provisions for group insurance and group medical cover- age for employees shall be as outlined in existing group contracts and plans, or as they may be amended. 18.3 Uniforms and Equipment. Uniforms for police and fire department employees and such other employees as the Mayor and Council may authorize and may be furnished by the city. Equipment deemed necessary and essential to job performance may also be furnished if authorized by the Mayor and Council. 1 1 1 47 -B -16 XIX. Travel, Travel Expense and Other Reimbursements 19.1 Travel Outside of Area Occasionally employees may be required to travel outside the city to attend meetings, conferences, and job related workshops and seminars, however, no official travel outside the city and immediate area shall be authorized without prior approval of the appropriate department head. In case of department heads themselves, this approval must be obtained from the Mayor and Council or designate. If city employees use personal vehicles for out of area city related travel, employees will be reimbursed at a rate determined by the Mayor and Council. 19.2 Lodging and Modes of Travel Lodging and modes of travel other than automobiles that are required for out of area travel are reimbursible with the proper receipts for expenses incurred. Any meal required out of town for day or night meetings will be reimbursed if the employee is required to pay for said meals personally. 19.3 Subsistance Subsistance expenses for travel will be on an actual meal and lodging charge basis. Only the actual paid lodging and meal expenses are allowed. Receipts for lodging expense are required. XX. Acceptance of Gifts and Gratuities 20.1 An employee shall not accept gifts, gratuities or loans from organizations, business concerns, or individuals with tho a has official relationships on business of the city government. These limitations do not apply to articles of negligible value nor loans from regular lending institutions, nor shall they prohibit employees from accepting social courtesies which promote good public relations. It is particularly important, however, that inspectors, contracting or procurement officers, and enforcement officers guard against relationships which might be construed as evidence of favoritism, coercion, unfair advantage or collusion. XXI. Use of City Vehicles 21.1 License Requirements Employees driving city vehicles are required to have such driver's licenses for the vehicles being driven as is required by the Georgia state law, irrespective of whether the employee drives the vehicle on a regular, occasional, or other basis, and whether or not this requirement is included or omitted in the description of the class to which the em- ployee was appointed. Violation citations, fines or other actions taken by any police jurisdiction against any employee while driving a city vehicle in violation of this rule shall be the responsibility of the employee and may be cause for disciplinary action. 1 47 -B -17 21.2 Abuse of Vehicles Anyone misusing or abusing city vehicles, using a city vehicle for other than approved purposes, or taking a vehicle home when not approved, shall be subject to appropriate disciplinary action, including dismissal if deemed appropriate. XXII. Agreements Authorized 22.1 Reciprocal Agreements The government is authorized and empowered to enter into reciprocal agreements upon such terms as may be agreed upon, for the use of equip- ment, materials, facilities, and services with any public agency or body for purposes deemed of benefit to the public personnel system. XXIII. Penalties 23.1 Any person who willfully violates any provision of this law or of the personnel policies established thereunder may, upon action of the proper authority as outlined in the Personnel Policies, have one of the follow- ing judgements rendered: (1) Dismissal from Tybee Island City Service (2) Demotion in rank or grade (3) Suspension for a period of time not exceeding 30 days (4) Ineligibility for appointment to or employment in a position in the Tybee Island City Service for a period of time, or indefinitely. XXIV. Separability If any provision of this law, or if any policy or order thereunder, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this law, and the application of such provision of this law or of such policy, or order to persons or circumstances other than those in which it is held invalid, shall not be affected thereby. XXV. Repealer Any ordinances or rules and regulations previously adopted by Tybee Island City Council which may be in conflict with this act are hereby repealed. XXVI. Official Copy The official copy of this law and of the Personnel Policies shall be attested by, and placed upon file with the City Clerk. XXVII. Effective Date - This ordinance becomes effective upon adoption by the City Council of Tybee Island, Georgia. Adopted in open Council Meeting this ,� day of (Lc 1981. MAYO ot4f P 1 1 1 1, 47 -C -1 FRIEDMAN, HASLAM, WEINER, GINSBERG. SHEAROUSE & WEITZ ATTORNEYS AT LAW 14 EAST STATE STREET SAVANNAH. GEORGIA 31412 ERWIN A. FRIEDMAN NELSON HASLAM (1926.19747 ARON G. WEINER RONALD E. GINSBERG WILLIAM W. SHEAROUSE. JR. HARVEY WEITZ MARK T. SHAWE August 7, 1981 BY HAND Mr. James E. McAleer Attorney at Law Downing, McAleer & Gaskin 24 East Oglethorpe Avenue Savannah, Georgia PLEASE REPLY TO POST OFFICE BOX 10109 AREA CODE 912 TELEPHONE 233.2251 Re: Quit Claim by City of Tybee Island of Unopened Streets Dear Jim: I have made a few minor corrections to the property description with respect to the above - captioned Quit Claim Deed and Resolution. Therefore, I am enclosing the original and one copy of each for your review prior to next Wednesday's meeting. With best regards, EAF/gr Enclosures Sincerely yours, ERWIN A. FRIEDMAN For the Firm 1 1 1 STATE OF GEORGIA CHATHAM COUNTY QUIT CLAIM DEED This Indenture, made this day of 19 81, between CITY OF TYBEE ISLAND, a Municipal Corporation, of the first part, and LIGHTHOUSE POINT ASSOCIATES, a Georgia Limited Partnership, of the second part, WITNESSETH: First party , for and in consideration of the sum of One and No /100 ($1.00 ) DOLLARS and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bar- gain, convey, release and forever quit claim unto second parties , theiTeirs, successors and assigns, the following described property, to -wit: ALL that certain lot, tract or parcel of land situate, lying and being the undeeded, undedicated and unopened rights -of -way of a portion of Grapewood Street and a portion of Beechwood Drive, Tybee Island, Chatham County, Georgia, being more particularly described as follows: As to Grapewood Street, a 60' strip being bounded on . the north by Lots 1 through 10, inclusive, Block 38, Fort Screven Ward; on the east by the Atlantic Ocean; on the south by the unopened right -of -way of Grapewood Street and Lots 1 through 10, inclusive, Block 37, Fort Screven Ward; and on the west by Van Horn Street, Fort Screven Ward. As to- Beechwood Drive, a strip of irregular shape bounded on the north by the unopened right -of -way of.Grapewood Street and by the Atlantic Ocean; on the east by the Atlantic Ocean; on the south by the remaining unopened portion of Beechwood Drive at its intersection with the unopened northern right - of -way of Hollywood Avenue; and on the west by Lot 1, Block 37, Fort Screven Ward. For a more particular description of the properties herein described, reference is made to that certain map designated as Detail Sheet No. 4, Blocks 33 through 42, inclusive, of Fort Screven Ward, Savannah Beach (now Tybee Island), Georgia, prepared by Fort Screven Development Company in March, 1946, and recorded in the office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book A, Page 94. TO HAVE AND TO HOLD said property, together with all and singular the rights, members, hereditaments, improvements, easements, and appurtenances thereunto belonging or in any wise ap- pertaining unto second parties ,thei r heirs successors and assigns, so that neither first party nor its heirs, successors and assigns, nor any person or persons claiming under it shall have, claim or demand any right to the above described property, or its appurtenances. _�. 1 1 47 -C -3 IN WITNESS WHEREOF, first party of the first part has hereunto set its hand and affixed its seal, the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: 2 CITY OF TYBEE ISLAND, a Municipal Corporation Notary Pub li , Chatham County, Giorgi Y. .a.1 1 1 For a more particu ar description of the properties herein described, reference is made to that certain map designated as Detail Sheet No. 4, Blocks 33 through 42, inclusive, of Fort Screven Ward, Savannah Beach (now Tybee Island), Georgia, prepared by Fort Screven Development Company in March, 1946, and recorded in the office of the Clerk of Superior Court of Chatham County, Georgia, in Subdivision Map Book A, Page 94. The Mayor and the Clerk of Council are hereby authorized and directed to execute said Quit Claim Deed to LIGHTHOUSE POINT ASSOCIATES, a Georgia Limited Partnership, to carry out the purpose of this Resolution, this /Z ' day of 1981. CITY OF TYBEE ISLAND Mayor: Attest: Clerk of Council