HomeMy Public PortalAbout19960509CCMeeting1
1
1
1996- 05 -09. City Council Minutes
The Tybee Island City Council held its regular monthly
meeting on Thursday, May 9, 1996 in the City Hall Auditorium with
Mayor Walter W. Parker presiding. The following members of
Council were present: Ed Merves, Jack Youmans, William Remeta,
Michael A. Hosti, Mariann Wildi, and Mallory Pearce. City
Attorney Edward Hughes was present to represent the City on legal
issues. City Manager Bill Farmer was present.
Reverend Lee Bennett gave the invocation. The Pledge of
Allegiance followed.
Mayor Parker proclaimed June 2nd through 8th as National
Management Week on Tybee Island.
Mayor Parker told the audience that we are fortunate tonight
to honor two special residents King Johnny Jarvis and Queen
Corine Owen of the Beach Bum Parade. Mayor Parker stated that
Johnny contributes a lot at City Council meeting and that Corine
is the widow of the former Councilmember Jack Owen. King Jarvis
requested Council to have the water cut on the entire island on
May 17th from 6:30 P.M. until 8:30 P.M. Mr. Jack Boylston stated
that the parade is a symbol of what Tybee is all about. It
provides entertainment and revenue for Tybee. Mr. Boylston said
that Tybee is weak in the area of recreation and entertainment.
The Bud Lite jet ski tournament could bring $500,000. to our
economy. The Sports Council has been a good samaritan, but Tybee
is sticking a knife in their back.
Mr. Bob Whelchel and Mr. Bill Lovett presented Council
information on a water storage tank location study with costs and
recommendation of 2nd Street site. (Copy attached) Councilmember
Youmans stated that there is hardly enough money left in the Bond
Issue to put a tank up. Mr. Lovett said that the tank on 2nd
Street would meet specs from EPD and fire flow requirements but
that it is best to have source of water coming from 2 directions
and that it would be difficult to put a 250,000 gallon tank on
the 2nd Street location.
Mr. Chris Schuberth, co chair of the Environmental Committee
handed out information about their April meeting citing some of
the major concerns: overflow of trash on the beach, foot traffic
in the dunes, lot sizes, marsh setbacks, parks, tree ordinance,
and green space.
Diane Ring requested a special one day parking lot permit in
order to handle the overflow of cars from Savannah Crush on May
18th.
Mr. Mac Armstrong requested Council to grant him a revocable
license for a dune crossover at 11th Place explaining that an
extension is needed because of two more dunes.
Mr. Harry Spirides asked Council to grant some type of
variance on the noise abatement ordinance for the P.A. system
that will be used in the jet ski races from 9 a.m. until 4:30
p.m., and the band that will play from 7 p.m. until 11 p.m.
Councilmember Remeta stated that when we adopted the ordinance
last month that we deleted that part which dealt with special
permits, variances and parades.
1
1
1
Mr. Michael Scarbrough addressed an ordinance that is on the
agenda tonight for first reading concerning the criteria for
establishing public facility use fees. Mr. Scarbrough stated that
no business people had been contacted for input and he is
requesting that Council table for further information.
Councilmember Remeta said that if someone is going to make a
profit then the City should not have to pay out any monies or pay
employees for doing in -kind services. Councilmember Wildi said
that this is only the first reading tonight.
Mayor Parker opened, asked for comments, closed the
following public hearings according to law:
1. FEMA variance - #8 Fifth Avenue - PIN 4- 3 -11 -1. A letter from
Mr. Jeff Dukes, the petitioner, was read into the minutes and is
attached for record. Mrs. Alice Martin said that she understands
that Mr. Dukes has a problem, but back in 1983 31 houses were
cited for violation of FEMA. Ms. Martin said that she had to tear
out the downstairs, that all FEMA variances have been denied by
Council and it is not fair to consider granting this variance.
Councilmember Youmans said that he does not usually see eye to
eye with Ms. Martin, but agrees with her on this matter.
Councilmember Youmans said that of the 31 houses cited that Ms.
Martin is probably the only one in compliance. Pat Locklear said
that this is a catch 22, that he got nowhere with Fema during his
tenure as mayor and as Acting City Manager. Mr. Locklear asked if
City Attorney Hughes could possibly draft a letter to FEMA to
help Mr. Dukes, but there is no way for a variance. Mr. Don
Harris said that he does not want the City to do anything that
might jeopardize his flood insurance coverage.
2. Height variance - #8 Beachwood - Joe Nettles- PIN 4- 2- 24 -36.
Attorney Phillip McCorkle presented the petition stating that the
house is 35 feet high, with a 25 square foot flat roof. Mr.
McCorkle said that the plans were approved by Mr. Gregory
Anderson of the Chatham County Building Inspector Department. Mr.
McCorkle said that he understands that neighbors complained about
the railing on the roof. At this point Zoning Administrator Byers
contacted City Attorney Hughes. Attorney Hughes wrote a letter to
Ms. Byers which was a hard letter to write. There was never a
stop work order issued. Mr. Dale Johnson, the builder, was told
to request a height variance which the Planning Commission heard
and approved. Mr. McCorkle said that a misinterpretation of the
ordinance by the Zoning Administrator was made and that a
variance was not needed in his opinion. Mr. McCorkle said that
neighbors have no objections. He stated that the interpretation
of what is inclusive in the ordinances, that examples are listed
both in the ordinance and in the SBCCI that the City has adopted.
A parapet wall is 4 foot high or less, a low wall or railing to
protect the edge of the roof. Mr. McCorkle said that his client
does not need a variance, but if the City wants to note a
variance it won't matter. Councilmember Merves said that 4
neighbors have called him requesting denial. Councilmember
Youmans asked if these neighbors are located in the subdivision?
Councilmember Merves answered no, in the adjacent subdivision.
City Attorney Hughes said that he doesn't consider it a widow
1
1
1
walk if the floor level is over 35 feet. Zoning Administrator
Byers said that there is roofing material on the roof, no
platform. Mr. Tom Carrigan spoke against habitable space above 35
feet. Mr. Carl Looper read a letter from Mrs. Dottie Kluttz
opposing the variance. Mr. Don Harris stated that he came to City
Hall on February 14, 1996 to find out information on the plans
because the building looked too high. He found no plans, about
two weeks later came back and was told that the City Attorney was
addressing this issue. Mr. McCorkle said that the City Attorney
said there is some vagueness in the ordinance. It is a violation
of due process and the City has responsibility. Mr. Bobby Chu
spoke in favor of the variance. Mr. Mike Griffith said that he
has conformed to the 35 foot height limit and so should everyone
else since this is an ordinance. Councilmember Remeta asked what
type of material is the roofing. Dale Johnson responded a hot tar
roof. Councilmember Wildi questioned what type of rail. Mr.
Johnson said that it is a picket type rail. Mr. Welker asked just
how high is the house. City Attorney Hughes stated that it is 35
feet 2 inches.
3. Variance setback - Mrs. Doris Hoppe - 1403 7th Street - PIN 4-
11-8-6. Mrs. Hoppe thanked the Mayor and Council for stopping by
to see why she requested the variance for the steps. Mrs. Hoppe
stated it was for safety reasons. Councilmember Remeta asked how
far was the nearest neighbor. Mrs. Hoppe replied there are only 2
houses on the block.
4. Minor Subdivision - Ken Crockett - 1204 Butler Avenue - PIN 4-
7-3-8. Mr. Crockett said that he would like to divide into three
lots and that the significant trees are being placed on the plat
by Mr. Helmly. Mr. John Bowmen asked if a lift station was
planned and if so who would pay for it. Mr. Phil O'Dell said that
no variance is being requested and that Council should be asking
these questions, not the neighbors. Attorney Chris Kline
representing about 14 neighbors said that issues were not
addressed, engineering, trees, technical things missing on plat,
3 lots, one of which is big enough to divide into 6 duplex lots.
Mr. Kline said that Council should look at the future growth of
Tybee. Mr. Crockett answered that all would be addressed.
Councilmember Youmans said that there are nine properties on one
side of the land in question and 6 properties on the other side
and that beach access has nothing to do with approving or denying
a subdivision. Councilmember Remeta said that if we go by the
law, how can we deny? Mike Griffith asked if any land was going
to be land locked? Councilmember Youmans said no there will be a
private drive. Ms. Gwen McCove said that she has been speaking
with property owners about conservation easements. City Attorney
Hughes asked if McCall was the property owner and if Mr. Crockett
had a contract to purchase the land. Mr. Crockett answered yes to
both questions. Reed Dulany, Susan Dulany, Rachel Perkins spoke
against the subdivision. A letter from Dorothy Breakstone was
read by Mrs. Dulany.
5. Final Plat Approval (PUD) - Rusty Fleetwood - Oceanview Court.
Mr. Fleetwood presented his request to Council. Councilmember
Merves questioned if a dune crossover had been considered. Mr.
Fleetwood said that D.N.R. said that they thought that there were
1
1
1
enough in that area, but would look into the matter.
6. Variance setback - All Saints Episcopal Church - 807 2nd
Avenue - PIN 4- 5- 23 -11. Mr. Carroll Phillips presented petition
to Council.
7. Zoning Text Amendment - Setback definition - Zoning
Administrator Byers read the change being requested.
8. Lot Reduction - Allen Hendrix - Van Horn. Mr. Hendrix
explained that the lot is 9,200 square feet and that you need
12,000 for R -1, but would like to have a buildable lot instead of
common area. Councilmember Pearce stated that now you want a lot
instead of the common area. Councilmember Wildi asked what was
the Planning Commission recommendation? Ms. Byers said it was to
deny.
Mayor Parker opened the meeting for business legally
presented. Councilmember Wildi moved to accept the minutes from
the April llth and May 2nd meetings. Councilmember Merves
seconded. Vote by Council was unanimous.
Councilmember Youmans moved to put the water storage tank
issue to bed by placing the tank on 19th Street, at the lower
price. Councilmember Remeta seconded. Mayor Parker stated that
maybe the other option is more suitable. Councilmember Youmans
said that $200,000 more is not an option. Councilmember Remeta
stated that he heard the engineers say 19th Street location
better if we get line in place. Councilmember Youmans said that
this is just like the pier, the longer you wait to build the more
it is costing the City. Councilmember Hosti agrees that the
Council voted for 19th Street location, need 12 inch line
connecting going down Butler Avenue. Councilmember Remeta
commended the City Manager for gathering information.
Councilmember Youmans questioned what was the charge.
Councilmember Hosti said that the ideal situation is one tank at
each end of island and to replace old pipes. City Manager Farmer
said that Council could delay decision, there is a new tank
design that needs clarification. Councilmember Youmans stated
that Council has already voted on the pedestal type.
Councilmember voting in favor of the 19th Street location were
Youmans, Remeta, Hosti, Wildi. Those opposed were Pearce and
Merves.
Councilmember Wildi moved to approve one day parking lot
permit for Diane Ring. Councilmember Pearce seconded. Vote by
Council was unanimous.
Councilmember Pearce moved to deny request from Mr. Lee to
purchase portion of unopened street owned by the City.
Councilmember Remeta seconded. Vote by Council was unanimous.
Councilmember Youmans moved to approve a revocable license
for Mr. Mac Armstrong of llth Place. Councilmember Hosti
seconded. Vote by Council was unanimous.
Councilmember Wildi moved to grant a variance for the noise
ordinance to Harry Spirides not to exceed 90 for the P.A. system
used for the races and the ban from 7 P.M. until 11 P.M.
Councilmember Youmans seconded. Vote by Council was 5 in favor
(Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed (Merves).
Councilmember Youmans moved to deny FEMA variance petitioned
by Jeff Dukes. Councilmember Wildi seconded. Mayor Parker asked
1
1
1
if the City could have the City Attorney do a letter to help Mr.
Dukes. Councilmember Youmans stated that the City would be
setting a precedent, there was about 30 in violation but probably
about 100 now. Vote by Council was 5 in favor to deny (Merves,
Youmans, Remeta, Wilds, Pearce); 1 opposed (Hosti).
Councilmember Youmans moved to approve Mr. Nettles petition
for a height variance that he does not need because the railing
would be there to protect him from falling. Councilmember Remeta
seconded stating that the plan were approved by Town Hall and
that it is actually a roof, this is guaranteed by the builder.
Voting in favor were Youmans, Remeta, Wildi; voting against were
Hosti, Pearce, Merves. Mayor Parker broke the tie by voting
against the variance.
Councilmember Pearce moved to grant setback variance to Mrs.
Doris Hoppe for steps. Councilmember Wildi seconded. Vote by
Council was unanimous.
Councilmember Pearce moved to table any decision on the
petition for a minor subdivision by Mr. Ken Crockett until more
information is supplied. Councilmember Hosti seconded.
Councilmember Youmans questioned if all this is required for a
minor subdivision? City Attorney Hughes said that the drainage
and the topography is required on plan. Councilmember Wildi
questioned that we can ask for drainage but not for trees. Vote
by Council was 4 in favor to table (Merves, Hosti, Wildi,
Pearce); 2 opposed (Remeta, Youmans).
Councilmember Remeta moved to approve Final Plat Approval
(PUD) for Mr. Rusty Fleetwood on Fleetwood Court. Councilmember
Wilda seconded. Vote by Council was unanimous.
Councilmember Wilds moved to approve a setback variance for
All Saints Episcopal Church. Councilmember Remeta seconded. Vote
by Council was unanimous.
Councilmember Youmans moved to adopt the zoning text
amendment on the setback definition on its first reading.
Councilmember Wilds seconded. Vote by Council was unanimous.
Councilmember Pearce moved to deny the petition for lot size
reduction by Mr. Allen Hendrix. Councilmember Merves seconded.
Vote by Council was 3 to deny (Merves, Wildi, Pearce); 3 voted
against the denial (Youmans, Remeta, Hosti). Mayor Parker broke
the tie by voting against the denial.
Councilmember Wildi moved to approve Alcohol Beverage
License for a package shop for Monica and Terese Jung at 1603
Inlet Avenue. Councilmember Hosti seconded. Vote by Council was
unanimous.
Councilmember Youmans moved to approve the Alcohol Beverage
License for Bubba Gump's (the name will change because of
franchise) Restaurant for Paul Burns at lA Old Tybee Road.
Councilmember Wilds seconded. Vote by Council was unanimous.
Councilmember Youmans moved to approve the Alcohol Beverage
License for The Strand (formally the Blind Pelican) for Robert
Oswald at 1605 Strand. Councilmember Wildi seconded. Vote by
Council was unanimous.
Councilmember Hosts moved to adopt a per diem similar to
what the federal government does. Councilmember Hosti explained
that there are two different policies on the information sheet he
1
1
1
handed out, and would like to see the city adopt the one
requiring no receipts. Councilmember Remeta seconded. Vote by
Council was 2 in favor ( Hosti, Remeta); 4 opposed (Merves,
Youmans, Wildi, Pearce).
The date of the July agenda prep meeting is changed to
Friday, July 5th at 7:30 P.M.
The Intergovernmental Cooperation Resolution was adopted on
a unanimous vote by Council.
The Resolution on Sanitation Fee Schedule failed before
Council after a lengthy discussion. Councilmember Youmans moved
to pass the $.34 per unit, per month on to the customers.
Councilmember Pearce seconded. Councilmember Wildi said that the
City has just started this practice recently. Mayor Parker said
that citizens pay taxes. Councilmember Merves questioned if the
property owners are paying for Waste Management and if so, then
lower the property taxes. Councilmember Pearce called for the
question. Vote by Council was 3 in favor (Youmans, Merves,
Pearce); 3 opposed (Remeta, Hosti, Wildi). Mayor broke the tie by
voting in favor.
Councilmember Pearce moved to adopt the Water Maintenance
Annual Report Resolution. Councilmember Wildi seconded. Vote by
Council was unanimous.
Councilmember Youmans moved to accept Section 7 -1 -5 Criteria
for Establishing Public Facility Use Fee on its first reading.
Councilmember Pearce seconded. Vote by Council was unanimous.
Councilmember Youmans moved to accept Section 6 -1 -21
Miscellaneous Service Charge on its first reading. Councilmember
Pearce seconded. Vote by Council was unanimous.
Councilmember Wildi moved to accept Section 6 -3 -1 Water
Sewer Charges with an increase of 20% (twenty percent) on its
first reading. Councilmember Pearce seconded. Councilmember
Remeta said that we do not need increase until City is more
accountable, need to see what the 95 audit says, this has been a
great year for merchants. Councilmember Merves said before we
raise water rates that we need to level sanitation rate because
they are out of balance. Councilmember Wildi said that water
department is supposed to break even, but that it is in the hole
to general fund. Councilmember Pearce said that water department
is not in good financial shape and that we are going to have to
bite the bullet. Councilmember Remeta said that the only way is
to limit the spending in that department. Voting in favor of the
rate increase was Hosti, Wildi, Pearce. Voting against was
Remeta, Merves, Youmans. Mayor Parker broke the tie by voting in
favor of the rate increase.
Councilmember Pearce moved to accept Section 10 -1 -40 Go
Carts Prohibited on its first reading. Councilmember Merves
seconded. Councilmember questioned all carts? City Attorney
Hughes said that the State regulates moped separately. Voting in
favor were Pearce, Wildi, Remeta, Merves; voting against were
Youmans, Hosti.
City Manager Farmer said that he told the sponsors of
Savannah Crush that the May meeting was the last chance to get
approval for the event planned May 18, 1996.
Councilmember Remeta moved to approve the special event for
1
1
1
Tybee Arts Association to hold a play on June 30 in the City Hall
auditorium. Councilmember Pearce seconded. Vote by Council was
unanimous.
Councilmember Pearce moved to approve a special event for
the Tybee Arts Association to hold an art show in the City Hall
from July 5th through July 7th. Councilmember Remeta seconded.
Vote by Council was unanimous.
City Manager Farmer said that Council should have the
infrastructure analysis within 30 days. He also stated that he is
working on GIS mapping of all City information.
Councilmember Youmans motioned to have the crossover at 19th
Street moved off Mr. Lawrence's property. Councilmember Pearce
seconded. Vote by Council was unanimous.
Councilmember Pearce moved to approved the bills for the
month of April. Councilmember Remeta seconded. Vote by Council
was unanimous.
Councilmember Pearce asked City Manager when the survey on
the signs would be ready. City Manager Farmer said in a day or
so. Councilmember Merves questioned the enforcement of the noise
ordinance. City Manager Farmer answered that the City has
purchased a meter but it is not the correct one. Councilmember
Hosti asked what is going on across the street from City Hall
with all the piling being driven. Zoning Administrator Byers said
they were told test pilings, the plans are at Chatham Inspection
office. Councilmember Remeta questioned why some City officials
are so hard on some people and so easy on others. Mayor Parker
said enforcement can stop work.
Councilmember Pearce moved to approve the North Beach Grill
contract. Councilmember Youmans seconded. Councilmember Remeta
said that after three years we can negotiate. Councilmember
Merves said he would like to see the City have public
announcements, seal bids from now on. Vote by Council was
unanimous.
Councilmember Pearce moved to approve the contract with the
YMCA. Councilmember Wildi seconded. Councilmember Merves said
that he moves to amend page 2 changing recreation director to
City Manager or his designee. Councilmember Wildi seconded.
Councilmember Youmans questioned where the money for renovations
coming from out of the budget? Councilmember Remeta said is this
just the annex area? City Attorney Hughes asked what and where is
exhibit A? City Manager Farmer said that the Y would be using
part of the annex to get started and the cafeteria when needed.
Councilmember Remeta said that this contract read for 1 year, but
that either party can cancel with 30 days notice. City Attorney
Hughes said that this is public property and that the YMCA is
willing to work with Tybee. Councilmember Youmans said that a lot
of people he has spoken with are against spending taxpayers
money. Vote on the amendment was 5 in favor (Merves, Remeta,
Hosti, Wildi, Pearce); 1 opposed (Youmans). Vote on the main
motion was 5 in favor (Merves, Remeta, Hosti, Wildi, Pearce); 1
opposed (Youmans).
Councilmember Pearce moved to make application to Corp of
Engineers for rocking Inlet Avenue. Councilmember Merves
seconded. Vote by Council was 2 in favor ( Merves, Pearce); 4
1
1
1
opposed (Youmans, Remeta, Hosti, Wildi).
Councilmember Pearce moved to adopt Section 2 -4 Personnel
Chapter on its second reading. Councilmember Hosti seconded. Vote
by Council was unanimous.
Councilmember Pearce moved to go into executive session to
discuss personnel. Councilmember Remeta seconded. Vote by Council
was 5 in favor (Merves, Remeta, Hosti, Wildi, Pearce); 1 opposed
(Youmans).
Mayor Parker reconvened the regular meeting. City Manager
Farmer's recommendation for changes in personnel were approved by
Council as follows: Rowena Fripp - Finance /Budget Director, she
will supervise all accounting personnel; Bob Fripp will have
Recreation Director added to his other positions; Angela Byers
will also be Deputy City Marshal; Chuck Bargeron will be
assistant zoning administrator. City Manager asked Council to add
Personnel Director to the Clerk of Council. City Attorney Hughes
said that the personnel director would answer to City Manager
and that the Clerk of Council will answer to City Council, there
is confusion and it needs clearing up.
Councilmember Pearce moved to appoint Jackie Brown as
Personnel Director. Councilmember Wildi seconded. Vote by Council
was unanimous.
As there was no further business to come before Council the
meeting was adjourned at 11:45 P.M.
yor Walter W. Parker
Mayor Walter W. Parker
1 dity Council
ichael A. Hosti
ward Merves
allory Pearce
William Remeta
Mariann C. Wildi
Jack Youmans
1
1
CITY OF TYBEE ISLAND
PROCLAMATION
City Attorney
Edward M. Hughes
Clerk of Council
Jacquelyn R. Brown
City Administrator
Rowena B. Fripp
City Treasurer
Patricia B. Pagan
WHEREAS, The National Management Association, joining with
co- sponsoring organizations, has established Management Week in
America, a special time to recognize the profession of management
and to appreciate the contribution of the millions of American
managers to the American Competitive Enterprise System; and
WHEREAS, The Gulfstream Management Association, a member of
the National Management Association, with over five hundred local
members, shares the goal of advocating sound leadership and
management practices on behalf of the board spectrum of
businesses, industries and public sector organizations; and
WHEREAS. The Gulfstream Management Association devotes
itself to the success of our American free enterprise system,
using the talents and energies of their membership to ensure the
smooth operation of business, and to maintain high levels of
productivity; and
WHEREAS, The City of Tybee Island, Georgia, is proud to
recognize that the Gulfstream Management Association is the first
local chapter of the National Management Association; making
significant contributions to the improvement of leadership and
management and the promotion of business in our area; and,
WHEREAS, the Gulfstream Management association also
contributes greatly to the opportunities for the youth of our
community by sponsoring many valuable career and educational
incentive projects throughout our school system and community:
NOW, THEREFORE, I, WALTER W. PARKER, MAYOR OF THE CITY OF
TYBEE ISLAND, GEORGIA, IN RECOGNITION AND SUPPORT OF THE VALUABLE
SERVICES PROVIDED TO ALL CITIZENS BY THE NATIONAL MANAGEMENT
ASSOCIATION AND ITS CHAPTERS, DO HEREBY PROCLAIM JUNE 2 -8, 1996
AS NATIONAL MANAGEMENT IN TYBEE ISLAND, GEORGIA, AND URGE ALL
CITIZENS TO JOIN THE GULFSTREAM MANAGEMENT ASSOCIATION IN
PARTICIPATING IN THIS ANNUAL CELEBRATION OF MANAGEMENT WEEK IN
AMERICA.
THIS 9TH DAY OF Y, 1996.
P.O. Box 2749.403 Butler Avenue, Tybee Island, Georgia 31328 -2749
(912) 786 -4573 • FAX (912) 786 -5737
1
1
1
HUSSEY. JAY. 3ELL := . JE`:'C LL iC. NC.
CONSULTING ENGINEERS
May 8, 1996
Mr. Bill Fanner
City Administrator
City of Tybee Island
Post Office Box 2749
Tybee Island, Georgia 31328 -2749
RE: CITY OF TYBEE ISLAND._ GEORGIA
Elevated Storage Tank
Cost Estimate
Dear Mr. Farmer:
We have reviewed the costs for locating the elevated spheroid tank on the 19th Street site and the
site of the existing 2nd Street tank. The tank locations are shown on the attached exhibits. An
example of a leg and sphere elevated tank is included for aesthetic comparison.
Both a 150,000 and 250,000 gallon tank have been evaluated for each location and the pricing
developed is based on new tank prices. Used tank pricing was not available for this presentation.
The estimated cost for locating the tank on the above referenced sites are as follows:
LOCATION
150,000 GALLON
250,000 GALLON
19th Street
$373,700
$488,700
2nd Street
$425,000
$537,200
The existing 2nd Street tank site will require investigative work to establish specific structural
requirements for the foundation. The complexity of this site results from the existing tank foundation.
The cost presented above assumes worst case scenarios for erecting a tank on the 2nd Street site.
329 COMMERCIAL DRIVE•P.O. BOX 14247* SAVANNAH. CEORGIA 3 141 6 -1 247
ice. 71 ]GA A /_7 /_a[AV ,n1 -IN
ROY HU5SEY. f .E.
BENIAMIN E. CAY. P.E.
GUS H. BELL. P.E.
RICHARD B. DEYOUNG. E.
NIUJAM H. LOVETT
1
1
Mr. Bill Farmer
May 8, 1996
Page Two
As always, we appreciate the opportunity to serve the City. If you have any questions, please contact
me.
Sincerely,
co.�.�4�R.Q
Bob Whelchel, P.E.
WRW:kal
c: Mr. Walter Parker - Mayor, City of Tybee Island, Georgia
Ms. Rowena Fripp - City of Tybee Island, Georgia
Mr. George Reese - City of Tybee Island, Georgia Utilities Director
HGBD NO 194199610
601
1
135.02
PROPOSED --
TANK LOCATION
• --17\-- %
\ t \
, •
,
5 I LANSIDT,EGEORGIA
TAENK_._
9
DATE: 05/08/96
IRS-
O
co
LOVELL AVENUE 60' R/W
N 20'30'00" E —•— 80.00' IRF
M
x
d�
t)41
z
X—•
7
BLOCK WELL
HOUSE
12
W
0
I
a,
,0
WATER TANK
11
N
CHAIN LINK FENCE
�r— x-- •x-- x— x —x —�c h
In • �..
'r)I
P/L IS BACK OF SIDEWALK 79.77' 5 20'30'00" W -.1 ICI•
BROKEN CMF 80 d •+-- 'S. 20• 0 W IRS
BUTLER AVENUE 80' R/W
STATE OF GEORGIA
CtiATI-IAM COUNTY
PLAT OF LOT 12, WARD 1, CITY OF TYBEE ISLAND.
FOR: C TY OF TYBEE ISLANDL
IDATE: AUGUST 4, 1994 IN MY OPINION THIS PLAT IS A CORRECT
SCALE: 1 "= 30' REPRESENTATION OF THE LAND PLATTED
E.O.C. FIELD
0' 30'
60'
BARRETT LAND SURVEYING, INC.
F 0. BOX 10092
SAVANNAH. GA. 31412
(912) 897 -5460
ERROR /POINT
ADJ. METHOD
E.O.C. PLAT / /ltif.
100' TAPE
TOTAL STATION f /f_77• rr•748 //
TYBEE I S LAND
GEORG IA
ELEVATED TANK
1
1
REVOCABLE LICENSE FOR DUNE CROSSOVER STRUCTURE
The undersigned applicant hereby requests permission from the City of Tybee Island,
Georgia, to construct a dune crossover structure for the purpose of erosion control
and protection of certain waterfront property located within said city limits since
e portion of the proposed project may encroach upon the sand beaches within the city
limits of said municipality. The undersigned understands that the issuance of such
a permit does not relieve the applicant of the obligation to obtain additional auth-
orization from the State of Georgia.
The undersigned further recognizes and agrees that this license does not confer upon
the undersigned any rights, title, estate or interest in said licensed premises; nor
does this license agreement confer upon the undersigned a license coupled with an
interest or easement. This license merely gives the undersigned a revocable privi-
lege, it being expressly understood and agreed that, regardless of any improvements
or investments made, expense and harm incurred or encountered by the undersigned, thi
agreement shall be subject to revocation, cancellation or termination, this license
shall be null and void.
The undersigned shall further indemnify and save the City of Tybee Island free and
harmless from any and all liability, loss, cost, damage or other expense from acciden
or damage, either to itself or to the persons or property of others which may occur
by reason of the exercise of the rights and privileges herein granted by this license
The undersigned applicant further recognizes that the City of Tybee Island does not
grant permission to proceed with such project unless and until a Shore Assistance
Permit is issued and a copy of same is filed with the Clerk of Council of said city.
Date S - %- %G Applicant's Signature /4- L�
Address 7 f>, _571 G///
1
The CITY OF TYBEE ISLAND hereby grants the above a revocable license for a dune
crossover structure not coupled with an interest as provided in the above request.
11th Place
Approved in Open Council this 9th day of May
, 19%.
ATTEST_ i
Mayor
LC- R
Clerk( f Council
1
1
R E S O L U T I O N 1
INTERGOVERNMENTAL COOPERATION
WHEREAS, Cooperative agreements among city governments, and
between city governments and their county government,
which promote cooperative efforts in providing
governmental services, result in improved efficiency
and greater effectiveness in providing such services,
BE IT THEREFORE RESOLVED that the City of Tybee Island shall seek
cooperative agreements with Chatham County government
and the governments of other municipalities in Chatham
County, to share and exchange the expertise and effort
of employees, plus equipment and facilities, to serve
the public welfare and to promote the public health and
well being. Such cooperative agreements will include,
but not be limited to, such endeavors as follows:
1. Exchange responsibilities for specific tasks.
2. Lend equipment and personnel for specific projects.
3. Advise others on the most efficient and effective .
methods to accomplish projects.
4. Permit use of governmental facilities.
5. Other
Further, it is agreed that any cooperative agreement shall fully
comply with the laws, ordinances, policies, rules and regulations
of all affected governmental entities, and shall be guided by the
criteria of providing value for equal value received.
Further, it is agreed that all cooperative agreements shall
contain provisions that supervision of employees will remain with
the lending government, and that any equipment utilization will
include operators and operating supplies for such equipment by
the lending government, and that all governments shall hold
harmless the other governments from any liability associated with
the exchange agreements.
RESOLVED, this 9th day of May, 1996 by the City Council of
Tybee Island, Georgia.
//////';
ayor Walter W. Parker
COMPLIANCE MAINTENANCE RESOLUTION
RESOLVED that the Tybee Island City Council informs
the Georgia Department of Natural Resources, Environmental Protection
Division, that the following actions were taken on May 9 , 1996
1. We have reviewed the Compliance Maintenance Annual Report
which is attached to this resolution; and
2. We have set forth the following actions necessary to maintain
effluent requirements contained in the NPDES Permit:
(a) Established adequate budget and staff for proper
operation of the system.
(b) Established long range plan, with periodic updates,
for enhancement of the system.
(c)
(d)
Signature of Chair of Governing Body:
Signature of Cler
SEAL
1
1
1
STATE OF GEORGIA
COUNTY OF CHATHAM
This Agreement made and entered into on the day of
TOOL cA , 1996, by and between the City of
Tybee Island, hereinafter called "Landlord" and Beach Creams, Inc.,
George Jackson and George Spriggs, hereinafter collectively called
"Tenant ",
W I T N E S E T H
WHEREAS, the City of Tybee Island, Georgia owns a building
known as the "North Beach Grill" located at the North Beach parking
lot, Tybee Island, Georgia; and
WHEREAS, the Tenant has operated the "North Beach Grill" for
several years and wishes to continue to occupy the City's premises
as a Tenant.
NOW THEREFORE, in consideration of the mutual promises and
covenants contained herein, it is hereby agreed as follows:
1. DESCRIPTION OF PREMISES: The premises referred to herein
consist of a frame structure of the City of Tybee Island, located
at 41 -A North Meddin Drive, at or near the North Beach Parking Lot.
2. TERM OF LEASE: This lease shall be for a term of 36 months
beginning on the 1st day of May, 1996, and terminating at midnight
on the 30th day of April, 1999, unless sooner renewed or terminated
as hereinafter provided.
3. USE OF DEMISED PREMISES: Tenant shall use the leased
premises for the purposes of conducting a restaurant business and
Tenants shall not use said premises for any other purpose without
1
1
1
the written consent of the Landlord. Further, the Tenant will not
permit its customers or employees to use, operate or permit to be
played, any radio, phonograph, jukebox, musical instrument,
amplifier or any other device that produces or reproduces'sound in
such manner as to disturb the peace, quiet and comfort of the
residential neighborhood. The premises will open no earlier than
7:00 a.m. each day and are to close no later than midnight.
4. RENT: During the term hereof, the monthly rental shall be
paid on the first day of each month, For the first 12 month period
commencing on May 1, 1996 and ending on April 30, 1997 the monthly
rental shall be $600.00 per month. For the second 12 month term
commencing on May 1, 1997 and ending on April 30, 1998 the monthly
rental shall be $700.00 per month. For the third twelve month term
commencing on May 1, 1998 and terminating on May 1, 1999, the
monthly rental shall be $800.00. In the event any installment is
not paid when due or within five (5) days thereafter, Tenant shall
be in default hereunder.
5. CONDITION OF PREMISES AND REPAIRS: The Tenant accepts the
premises in their "as is " condition. Tenant agrees to maintain
the premises throughout the term of this lease and to keep the same
in good repair. Tenant agrees to return said premises to Landlord
at the expiration, or prior termination, of this lease in as good
a condition and repair as when first received, natural wear and
tear, damage by storm, fire, lightening or other natural casualties
excepted. Any expansion of the premises, renovations, additions
and /or improvements must be approved by Landlord and permitted
1
1
1
through the Landlord's Building and Inspections Department. With
the exception of trade fixtures, all improvements to the premises
shall remain the property of Landlord at the conclusion of the
tenancy.
6. ASSIGNMENT OR SUB- LEASE: The Tenant shall not assign or in
any manner transfer this lease or any interest herein or sublet the
demised premises or any part thereof to any other person or legal
entity without the prior written consent of Landlord. Consent by
Landlord to one or more assignments or subletting shall not operate
as a waiver of rights to any subsequent assignment or subletting.
7. INDEMNIFICATION: Tenant, its successors in title and assigns,
shall indemnify, protect, save and hold harmless Landlord, its
officers, council persons, employees and agents, from and against
any and all claims, demands, judgments, set -offs, losses, damages,
liabilities, awards, fines and expenses, including without
limitation, the concurrent negligence of one or more of the parties
herein indemnified and Tenant, its successors in title, and
assigns, the contributory negligence of any party indemnified
herein and any third party, and any attorney's fees, expenses or
other costs associated with or incurred, based on or in any manner
relating to the subject matter of this lease or the use of the
premises hereunder, including, but no limited to, injury to persons
or property, actual damages, consequential damages, punitive
damages, losses, set -offs, warranty claims, products liability
claims, conversion claims, nuisance claims; provided however, that
nothing contained in this provision shall be interpreted to
1
1
1
indemnify or hold harmless any indemnified party against liability
for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence or willful
misconduct of such indemnified party. Without limiting the
foregoing indemnity, Tenant, its successors and assigns, shall
indemnify the Landlord for all defense costs, including reasonable
attorney's fees, judgments and amounts paid in settlement.
8. INSURANCE: The Tenant shall throughout the term of this lease
at its own cost and without any expense to Landlord, obtain and
maintain liability insurance in the amount of $1,000,000.00
covering the premises and appurtenances thereto for injury to or
death to any number of persons in any one occurrence and property
damage liability insurance in an amount of $300,000.00 and such
insurance shall specifically insure the Landlord against all
liability assumed by it hereunder, as well as any liability imposed
by law, and shall insure both the Landlord and the Tenant and shall
be so endorsed as to create the same liability on the part of the
insurer as though separate policies had been written for the
Landlord and the Tenant.
9. UTILITIES: The Tenant shall be responsible for all utility
costs associated with the Tenant's use of the premises.
10. CANCELLATION BY LANDLORD: It is mutually agreed that in the
event the Tenant shall default in the payment of rent herein
reserved, when due, and fails to cure said default within 5 days;
or if Tenant shall be in default in performing any of the terms or
provisions of this lease other than the provision requiring the
4
payment of rent, and fails to cure such default within 30 days
after date of written notice of default from Landlord; or if Tenant
is adjudged bankrupt; or if, whether voluntarily or involuntarily,
Tenant takes advantage of any debtor relief proceedings under any
present or future law, whereby the rent or any part thereof is, or
is proposed to be reduced or payment thereof deferred; or if Tenant
makes an assignment for the benefit of creditors; then Landlord may
terminate this lease and exercise all rights allowable by law.
Upon termination by Landlord, Tenant will at once surrender
possession of the premises to Landlord and remove all of Tenant's
effects therefrom; and Landlord may reenter the premises and
repossess itself thereof, and remove all persons and effects
therefrom without being guilty of trespass, forcible entry,
detainer or other tort. Any notice to be provided by Landlord to
Tenant hereunder shall be provided to Tenant at Post Office Box
5081, Hilton Head Island, South Carolina 29938.
11. LIENS: Tenant shall keep all of the premises and every part
thereof and all buildings and other improvements at anytime located
thereon free and clear of any and all mechanic's, materialman's,
and other liens or encumbrances arising out of or in connection
with any work or labor done, services performed, or materials or
appliances used or furnished for or in connection with any
operations of Tenant, any alteration, improvement or repairs or
additions which Tenant may make or permit or cause to be made, or
any work or construction, by, for, or permitted by Tenant on or
about the premises, or any obligations of any kind incurred by
Tenant, and at all times promptly and fully to pay and discharge
any and all claims on which such lien may or could be based, and to
indemnify Landlord and all of the premises and all improvements
thereon against all such liens and claims of liens and suits or
other proceedings pertaining thereto.
5
1
1
1
12. LICENSES AND HOURS OF OPERATION: The Tenant may apply for an
alcohol beverage license in the manner established by Landlord
throughout the City, which application will be considered by the
City in the ordinary course of affairs as any other application and
without regard to the lease of this property. Tenants are subject
to the City ordinances and all state laws regulating the serving of
alcoholic beverages.
13. MISCELLANEOUS: In return for the use of the City restroom
facilities and the City parking lot by its clientele, the Tenant
will provide storage for restroom supplies and will periodically
check the condition of the facilities. The City will provide
cleaning no less than once per day. The Tenant will be furnished
with a key to the parking lot entrance and will be responsible for
securing the gate at closing of Tenant's premises.
14. ENTIRE AGREEMENT: This agreement contained herein shall
represent the entire agreement made between the parties and it is
understood and agreed that no subsequent alteration, amendment,
change, addition or modification to this lease shall be binding
upon Landlord or Tenant unless reduced to writing by them and by
direct reference made thereby and made a part hereof.
6
1
1
IN WITNESS WHEREOF the Landlord has hereunto set its hand and
seal and Tenant has caused this lease to be executed all on the day
and year first above written.
CITY' OF TYBEE ISLAND, GEORG ±A
MAYOR WALTER W. PARKER
ATTEST-
BROWN, CLERK OF COUNCIL
WITNESS
BY:
BEACH CREAMS, INC.
1
1
1
STATE OF GEORGIA )
)
COUNTY OF CHATHAM )
AGREEMENT
This Agreement, made and entered into this 'I`' day of
Ma. , 1996 by the City of Tybee Island, Georgia,
hereinafter ( "the City ") and YMCA of Coastal Georgia, Inc.,
hereinafter ( "YMCA ").
W I T N E S S E T H
WHEREAS, the City is a municipal corporation under Georgia law
authorized to provide recreational services, activities and
facilities to citizens and is desirous of improving its ability to
do so; and
WHEREAS, the YMCA is a non - profit corporation engaged in
providing programs, facilities and equipment for sporting and
recreational activities and programmings; and
WHEREAS, the Recreation Department of the City is desirous of
entering into an agreement with YMCA in order to better to provide
recreational activities, equipment and facilities to the citizens
of Tybee Island; and
WHEREAS, the parties wish to enter into an agreement to
jointly provide recreational facilities, services and programs to
all citizens of Tybee Island; and
WHEREAS, it is the intent of the City and YMCA to continue to
work together in good faith under this agreement, the policies of
the City and applicable laws of the.City and the State of Georgia,
to assure the success of the program.
1
1
1
NOW THEREFORE in consideration of the mutual covenants and
conditions herein contained, the City and YMCA, intending to be
legally bound, hereby covenant and agree as follows:
1. PROGRAMS: The City, through the City Manager or his
designee, will coordinate and control the recreational programs to
be conducted within the City. It is anticipated that such programs
would include youth sports, gymnastics, fitness programs, aquatics,
in -line hockey and such other programs as might be appropriate.
The YMCA agrees to provide personnel, appropriate equipment and
staff to conduct the programs and to allow residents of the City to
participate in all programs sponsored by the YMCA in accordance
with its usual practices.
2. USE OF CITY PROPERTY: The City agrees to make its property
available pursuant to this and such separate agreements as may be
appropriate, for the use of the YMCA in conducting programs
authorized hereunder and to provide certain equipment for use in
the programs. The City will perform its ordinary and normal ground
maintenance, however, if the requirements of the YMCA programs
necessitate additional grounds maintenance, the YMCA will assist
the City in preparing the property for use in the programs and the
parties will cooperate in good faith in order to facilitate the
programs. With respect to property used by the YMCA in its
programs, which property is not subject to the leasehold granted in
Paragraph No. 6 hereof, the YMCA agrees to help maintain and
operate such property.
3. YMCA EMPLOYEES OR STAFF: All employees and staff of the YMCA
will be paid through the YMCA's payroll system at all times and the
1
1
1
City shall at all times pay its employees who perform services in
connection with the activities and programs authorized hereunder.
Further, the City and YMCA shall be solely responsible for
providing to their own employees and staff any and all benefits
associated with any such employee's or staff's employment.
4. INDEPENDENT CONTRACTOR: The relationship between the City and
the YMCA shall be that of an independent contractor, and neither
the YMCA nor its employees shall be deemed an employee,
representative or agent the City for any reason whatsoever.
Neither the YMCA nor its employees is entitled to receive from the
City any insurance coverage, workers' compensation benefits,
pensions, profit sharing, paid vacation, sick leave, disability or
other benefits which might normally be provided by the City to its
officers or employees.
5. COOPERATION BETWEEN THE PARTIES: The City and the YMCA shall
fully cooperate with each other in the programming, equipment
handling , equipment maintaining, transportation, and facility
readiness.
6. GRANT OF LEASEHOLD: The City does hereby rent and lease unto
the YMCA the premises described on Exhibit "A" hereto and
incorporated herein by reference (hereinafter sometimes referred to
as "premises ") for an annual rental fee payable on the first day of
this lease in the sum of $1.00, and for and in consideration of
such sum and the mutual covenants and agreements contained herein,
and other good and valuable considerations delivered by each of the
parties hereto to the other at and before the sealing and delivery
of these presence, the receipt and sufficiency whereof are hereby
1
1
1
acknowledged, the City as the owner of the premises hereby
covenants and agrees to grant, demise and lease to YMCA and YMCA
agrees to hire, take and lease from the City, for a term of one (1)
year, the premises and all improvements thereon, subject to the
terms and provisions of this agreement.
7. USE OF PREMISES: YMCA in coordination with the City shall
use the premises for purposes of programs authorized under this
agreement. YMCA shall not use the premises for any other purpose
without the written consent of the City. During the term hereof,
the YMCA agrees that the nature of its occupancy shall be flexible
and that it will cooperate in good faith when appropriate to allow
other uses of the premises.
8. CONDITION OF PREMISES AND REPAIR: The City has agreed to
renovate the premises to render them appropriate for the programs
described herein. In addition, the City shall keep the roof,
exterior walls, abutting sidewalks and heating, water, sewer,
electrical and sprinkler systems in good order. The YMCA agrees to
maintain the interior of the premises and the grounds surrounding
the premises throughout the term of this agreement and to keep the
same in good repair and to return the premises to the City at the
expiration of this agreement in as good a condition and repair as
when received after renovations, natural wear and tear, damage by
storm, fire, lightening or other natural casualties excepted.
9. IMPROVEMENTS TO PREMISES: The City does hereby authorize
the YMCA from time to time to make, or cause to be made, such
improvements to the premises as the YMCA deems necessary, useful or
appropriate to the use which it intends to make of the premises
1
1
1
provided such improvements are approved by the City, and the City
shall not unreasonably withhold such approval.
10. ASSIGNMENT AND SUB LEASING: The YMCA may not without the
consent of the City, sublease any premises described herein nor
assign any of its rights or interests in any premises or this
agreement without the written consent of the City.
11. UTILITIES: The YMCA shall pay for all utility costs
associated with conducting its programs.
12. SIGN: The City consents to the erection of a YMCA sign on
the annex building and one directional sign to be located on Butler
Avenue and another directional sign to be located near Jones Avenue
in Memorial Park.
13. INDEMNIFICATION: YMCA, its successors in title and assigns,
shall indemnify, protect, save and hold harmless the City, its
officers, council persons, employees and agents, from and against
any and all claims, demands, judgments, set -offs, losses, damages,
liabilities, awards, fines and 'expenses, including without
limitation, the concurrent negligence of one or more of the parties
herein indemnified and YMCA, its successors in title, and assigns,
the contributory negligence of any party indemnified herein and any
third party, and any attorney's fees, expenses or other costs
associated with or incurred, based on or in any manner relating to
the subject matter of this agreement or the use of any premises
hereunder, including, but not limited to, injury to persons or
property, actual damages, consequential damages, punitive damages,
losses, set -offs, warranty claims, products liability claims,
conversion claims, nuisance claims; provided however, that nothing
1
1
1
contained in this provision shall be interpreted to indemnify or
hold harmless any indemnified party against liability for damages
arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence or willful
misconduct of such indemnified party. Without limiting the
foregoing indemnity, YMCA, its successors and assigns, shall
indemnify the City for all defense costs, including reasonable
attorney's fees, judgments and amounts paid in settlement.
14. INSURANCE: The YMCA agrees that it shall at all times
during the term hereof, at its own expense, and in the name of and
for the protection of itself, the City, and such other persons as
the City may designate, keep policies of insurance with an
insurance company approved by the City as follows:
a) All equipment and improvements located on the premises
shall be fully insured against loss by fire, lightning, windstorm
and other casualties;
b) Public liability insurance in the usual form indemnifying
the parties described above against loss or damage occasioned by
any incident or casualty occurring in, upon or about the premises
or the sidewalks, alleys or other property adjacent thereto or for
any incident or casualty occurring or arising from or by reason of
or in connection with activities conducted by YMCA and /or the City
under this agreement. Such policy or policies shall provide at
least the following limits of coverage: $1,000,000.00 with respect
to any injury to any one person; $3,000,000.00 with respect to
injury resulting from any one occurrence giving rise to liability;
$1,000,000.00 with respect to any injury or damage to property.
1
1
c) All insurance policies required pursuant to this
agreement shall contain an express waiver of any rights of
subrogation by the insurer against the City.
15. RIGHT TO TERMINATE: The City and the YMCA agree that either
party may terminate this agreement for any reason, or for no
reason, upon giving the other party 30 days written notice of the
termination.
16. ENTIRE AGREEMENT: This agreement contained herein shall
represent the entire agreement made between the parties and it is
understood and agreed that no subsequent alteration, amendment,
change, addition or modification to this lease shall be binding
upon the City or YMCA unless reduced to writing by them and by
direct reference made thereby and made a part hereof.
IN WITNESS WHEREOF the City has hereunto set its hand and seal
and YMCA has caused this lease to be executed all on the day and
year first above written.
BY:
Signed, sealed and delivered
in the presence of:
CITY 0
TYBEE ISLAND, GEORGIA
MAYOR WALTER W. PARKER
ATTEST:
(SEAL)
YMCA OF COASTAL GEORGIA, INC.
BY: 'v /Vv
PRESIDENT
Signed, sealed and delivered
- •resence •
1
OTARYI
TERRY W. McCOY
Notary Public, Chatham County, Ga.
My Commission Expires June 1. 1997
1
1
1
Ordinance #
It is hereby ordained, by the governing authority of the City of
Tybee Island in open meeting assembled, that the Tybee Island
Code of Ordinances, Title 2 Chapter 4 Section (all) Personnel be
amended because Articles 100 -2 -27 and 100 -2 -30 of the City
Charter, establish the position of City Manager as being the
Chief Executive and Administrative Officer of the City, and the
Code of Ordinances require revisions to be consistent with the
new Charter provisions, to read as follows:
CHAPTER 2 -4. PERSONNEL
2- 4 -1ART. ARTICLE A. PERSONNEL SYSTEM
2- 4 -1SEC. Introduction.
2 -4 -2. Allocation of offices and positions to classified or
exempt service.
2 -4 -3. Classification plan.
2 -4 -4. Pay for employees.
2 -4 -5. RECRUITMENT AND SELECTION
2 -4 -6. APPOINTMENTS
2 -4 -7. TYPES OF EMPLOYMENT
2 -4 -8. RECORDS
2 -4 -9. SEPARATION OF EMPLOYEES
2 -4 -10. DISCIPLINARY ACTION
2 -4 -10.1 DRUG FREE WORKPLACE
2 -4 -11. APPEALS (DISCIPLINARY)
2 -4 -12. GRIEVANCES
2 -4 -13. LEAVE POLICIES
2 -4 -14. OVERTIME /COMPENSATORY TIME OFF; APPROVAL AND DESIGNATION.
2 -4 -15. AUTHORIZATION AND CONDITIONS REQUIRED TO ACCEPT OUTSIDE
EMPLOYMENT
2 -4 -16. POLITICAL ACTIVITY
2 -4 -17. EMPLOYEE DEVELOPMENT.
2 -4 -18. EMPLOYEE FRINGE BENEFITS
2 -4 -19. TRAVEL, TRAVEL EXPENSE AND OTHER REIMBURSEMENTS
2 -4 -20. ACCEPTANCE OF GIFTS AND GRATUITIES
2 -4 -21. USE OF CITY VEHICLES
2 -4 -22. AGREEMENTS AUTHORIZED: RECIPROCAL AGREEMENTS
2 -4 -23. PENALTIES
2- 4- 30ART. ARTICLE B SOCIAL SECURITY
2 -4 -31. DECLARATION OF PURPOSE
2 -4 -32. EXECUTION OF AGREEMENTS
2 -4 -33. WITHHOLDINGS FROM WAGES
2 -4 -34. CITY CONTRIBUTIONS, ETC.
2 -4 -35. RECORDS AND REPORTS
2 -4 -36. EXCLUDED EMPLOYEES
2 -4 -37. through 2 -4 -50. RESERVED
2- 4- 50ART. ARTICLE C. RETIREMENT
2 -4 -51. RETIREMENT PLAN
2- 4 -1ART. ARTICLE A. PERSONNEL SYSTEM
2- 4 -1SEC. Introduction.
1
1
1
(a) 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.
(b) 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:
(1) Recruiting, selecting and advancing employees
on the basis of their relative ability,
knowledge and skill, including open
competition of qualified applicants for
initial appointment;
(2) Establishing pay rates consistent with the
principles of providing comparable pay for
comparable work;
(3) Training employees, as needed, to assure
high - quality performance;
(4) Retaining employees on the basis of the
adequacy of their performance, correcting
inadequate performance and separating
employees whose inadequate performance cannot
be corrected;
(5)
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;
(6) Establishing a procedure for the presentation
and adjustment of employee grievances based
on alleged inequitable treatment because of
some conditions of their employment; or based
on alleged discrimination because of race,
color, national origin, sex, age, religion or
handicapped status;
(7) 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.
(c) Administration. The responsibility for the
administration and interpretation of the personnel
1
rules and regulations are vested in the Mayor -and
eenne± C1ty Manager in accordance with policy
guidelines established by the mayor and council.
(d) Applicability of policy. The provision of the
personnel policy of Tybee Island shall not be
applicable to part -time, seasonal, temporary, or
volunteer employees except where specified.
(Ord. of 8- 12 -81, Sec. 1)
2 -4 -2. Allocation of offices and positions to classified or
exempt service.
General allocation. All offices and positions of
the city shall be allocated to the classified or
exempt service.
Exempt service. The exempt
the following.
(1) All elected officials,
recorder;
(2)
(3)
(4) Consultants and council rendering
professional service.
(c) Classified service. The classified service
shall include all other positions in the city
service which are not placed in the exempt
service.(Ord. of 8- 12 -81, Sec. 2)
service shall include
city attorney and city
Positions involving seasonal or part -time
employment;
Volunteer personnel and personnel
to serve without compensation;
appointed
temporary
2 -4 -3. Classification plan.
(a) Definition. The classification plan is the
systematic grouping of positions into appropriate
classes.
(1) A position is a group of currently assigned
duties and responsibilities requiring the
full or part -time employment of one or more
persons.
(2) A class is a group of positions that:
a. Has similar duties and responsibilities.
1
1
1
b. Requires like qualifications and;
c. Can be equitably compensated by the same
salary range..
(3) 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
personnel actions.
(b) Scope. The provisions of this section hereinafter
set forth shall apply only to the classified
service unless otherwise provided herein.
(c) Establishment. A classification plan has been
established and is maintained and filed at city
hall. The plan is available for review to city
employees.
(d) Basis for position classification. 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 classification
shall be sufficiently alike to permit the use of a
single descriptive 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 t?
r 1?#`and a report thereof shall be made to the
mayor and council.
(e) Changes in classification plan.
(1) The classification plan may be amended from
time to time by the mayor-and-council
a Such changes may result from the
need of creating new positions, changes in
organization or changes in assigned duties
and responsibilities.
(2) The mayor - and- council-or- designate
ia' 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
1
1
1
correct classification and allocation of the
position will be taken.
(3) Each department head shall report to the mayor -and
council -er- designate - `r 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.
2 -4 -4. Pay for employees.
(a) 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.
(b) 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.
(c) Notice to employee of pay and salary range; basis for
further increase. 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:
(1) The position is reclassified;
(2) The employee is promoted to another position
having a higher salary grade;
(3) A general increase is granted to all employees; or
(4) Longevity pay is approved.
1
1
1
(d) 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.
(e) Promotions. When an employee is promoted to a position
in a higher class, the employee'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.
(f) 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.
(g) Rehired employees. Employees who voluntarily leave the
city service and are subsequently rehired at a later
date shall be paid at a 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.
(h) Transfer. The pay of an employee transferred to
another position of the same pay range shall remain
unchanged.
(i) Demotions. The pay of an employee demoted to a
position of lower range shall be reduced to a step
within the range to which the employee was demoted.
(j) Administrative salary adjustments. 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 employee's evaluation, the department head
will make appropriate recommendations to the mayor -and
eouneil- er- designate-
(Ord. of 8- 12 -81, Sec. 4)
1
1
1
2 -4 -5. RECRUITMENT AND SELECTION
(a) 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 requirements, 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 persons 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
nalpat and the hiring authority based on current
organizational needs.
(b) Application process. Applications shall be made
on forms provided by the mailer- and- eouneil t
. such forms shall require information
covering training, experience, and other job
related information. Applications shall be signed
by the persons applying. All persons must be
informed that the application will be placed in an
active file for a period of six (6) months.
(c) Disqualification of applicants. The -mayor -and
couneil-or-designateThe City Manager may
disqualify an applicant who does not meet the
requirements for the position. An applicant may
be disqualified 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.
(Ord. of 8- 12 -81, Sec. 5)
2 -4 -6. APPOINTMENTS
(a) Recommendations and appointments. Department
heads shall examine applications and applicants
for employment and recommend applicants for
appointment to vacancies existing with their
departments. Appointments shall be made on the
1
1
basis of ability, training, and experience without
regard to age, race, creed, national origin or
sex.
(b) Types of appointments.
(1) 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.
(2) 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 nd
any temporary appointment may be terminated
at any time.
(3) 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 C ' y
..........................
(c) 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.
(d) Probationary period. Each employee receiving an
appointment with the city shall complete a
probationary period of (1) year. For law
enforcement personnel, in appropriate positions,
the probationary period shall not be considered
complete until the employee has successfully
completed the required basic training course, even
if the time to complete the said training exceeds
(1) year. However, under no circumstances will
the probationary period be less than (1) year. At
the conclusion of the probationary period, the
department head shall recommend whether to:
(1) Retain the employee in the present position
and classification;
(2) Assign the employee to an alternative
1
1
position usually at a lower classification;
or
(3) Separate the employee from city service.
(Ord. of 8- 12 -81, Sec. 6)
(e) Statement of Purpose It is the policy of the City that
the abuse of alcohol and drugs by public employees is
detrimental to the health, safety and morals of the
public. The purpose of this article is to establish
reasonable standards and procedures for drug and
alcohol testing of city employees and applicants for
city employment. The City Council also recognizes that
individuals have certain rights to privacy and dignity.
In adopting this article, the Council has attempted to
balance the City's interest in protecting the health
and safety of its employees and the public, with the
employees' legitimate expectations of privacy.
Accordingly, certain procedural safeguards, limitations
and due process guarantees are set forth in correction
with the testing required by this article.
(f) Drugs included in tests When drug and alcohol screening
is required under the provisions of this article, a
urinalysis test will be given to detect the presence of
the following drug groups:
(1) Alcohol (ethyl);
(2) Amphetamines (e.g. speed);
(3) Barbiturates (e.g. Amobarbital, Butabarbital,
Phenobarbital, Secobarbital);
(4) Cocaine;
(5) Methaqualone (e.g. Quaalude);
(6) Opiates (e.g. Codeine, Heroin, Morphine,
Hydromorphone, and Hydrocodone);
(7) Phencyclidine (PCP);
(8) THC (Marijuana).
(g) Job applicant testing, general standard
Applicants for all job classifications will be required
to undergo a drug and alcohol test upon an offer of
employment and prior to their final appointment.
(h) Current employees testing; general standard
(a) The City may require a current city employee to
undergo drug and alcohol testing if there is reasonable
suspicion that the employee is under the influence of
drugs or alcohol during work hours. "Reasonable
suspicion" means an articulable belief based on
specific facts and reasonable inferences drawn from
those facts that an employee is under the influence of
drugs or alcohol. Circumstances which constitute a
basis for determining "reasonable suspicion" may
include, but are not limited to:
1
1
(1) A pattern of abnormal or erratic behavior;
(2) Information provided by a reliable and
credible source;
(3) A work - related accident;
(4) Direct observation of drug or alcohol use; or
(5) Presence of the physical symptoms of drug or
alcohol use (i /e /, glassy or bloodshot eyes,
alcohol odor on breath, slurred speech, poor
coordination and /or reflexes).
(b) Supervisors are required to detail in writing the
specific facts, symptoms, or observations which
formed the basis for their determination that
reasonable suspicion existed to warrant the
testing of an employee. This documentation shall
be forwarded to the appropriate department head or
designee.
(c) All employees holding the position of detective or
evidence custodian must submit to random drug and
alcohol testing. The city administrator and chief
of police are hereby directed to develop
procedures for uniform random drug and alcohol
testing of all employees in these positions. The
procedures shall be subject to the approval of the
city council. Any transfer to the position of
detective or evidence custodian is contingent upon
the successful completion of a drug and alcohol
test. Any employee tentatively selected for such
transfer shall be advised in writing of the drug
and alcohol testing requirement.
(i) Supervisor training The city shall develop a program of
training to assist supervisory personnel in identifying
drug and alcohol use among employees. Such training
will be directed toward helping supervisors recognize
the conduct and behavior that give rise to a reasonable
suspicion of drug and alcohol use.
(j) Prior notice of testing policy
The city shall provide written notice of its drug and
alcohol testing policy to all employees and job
applicants. The notice shall contain the following
information:
(1) The need for drug and alcohol testing;
(2) The circumstances under which testing may be
required;
(3) The procedure for confirming an initial positive
test result;
(4) The consequences of refusing to undergo a drug and
alcohol test;
(5) The right to explain a positive test result and the
appeal procedures available; and
(6) The availability of drug and alcohol abuse
counseling and referral services.
(k) Consent Before a drug and alcohol test is administered,
employees and job applicants will be asked to sign a
1
1
1
consent form authorizing the test and permitting
release of test results to those city officials with a
need to know. The consent form shall provide space for
employees and applicants to acknowledge that they have
been notified of the city's drug testing policy and to
indicate current or recent use of prescription or
over - the - counter medication. The consent form shall
also set forth the following information:
(1) The procedure for confirming an initial positive
test result;
(2) The consequences of a confirmed positive test
result;
(3) The right to explain a confirmed positive test
result and the appeal procedures available; and
(4) The consequences of refusing to undergo a drug and
alcohol test.
(1) Refusal to consent; applicants A job applicant who
refuses to consent to a drug and alcohol test will be
denied employment with the City.
(m) Refusal to consent; employees
(a) An employee who refuses to consent to (i) random
drug testing as prescribed by section 2 -4 -6 (h)(c), or
(ii) drug and alcohol testing when reasonable suspicion
of drug or alcohol use has been identified, is subject
to disciplinary action up to and including termination.
The reasons for the refusal shall be considered in
determining the appropriate disciplinary action.
(b) An employee tentatively selected for transfer to
the position of detective or evidence custodian who
refuses to consent to the pre- transfer drug and alcohol
test will be denied the transfer of such position.
(n) Confirmation of test results
(a) An employee or job applicant whose test yields a
positive result shall be given a second test using a
gas chromatography /mass spectrometry (G.C. /M.S.) test.
The second shall use a portion of the same test sample
withdrawn from the employee or applicant for use in the
first test.
(b) If the second test confirms the positive test
result, the employee or applicant shall be notified of
the results in writing by the appropriate department
head or designee. The letter of notification shall
identify the particular substance found and its
concentration level.
(c) An employee or applicant whose second test confirms
the original positive test result may, at the
employee's or applicant's own expense, have a third
test conducted on the same sample at a laboratory
selected by the City.
(o) Consequences of a confirmed positive test result
(a) Applicants: Job applicants will be denied
employment by the City if their initial positive test
results have been confirmed. Applicants shall be
informed in writing if they are rejected on the basis
of a confirmed positive test result.
(b) Employees: In an employee's positive test result
has been confirmed, the employee is subject to
disciplinary action up to and including termination.
Factors to be considered in determining the appropriate
disciplinary response include the employee's work
history, length of employment, current job performance,
and the existence of past disciplinary actions.
(p) Right to a hearing
(a) if an employee's positive test result has been
confirmed, the employee is entitled to a hearing before
denial of a transfer to detective or evidence custodian
or any disciplinary action may be taken by the City.
The employee must make a written request for a hearing
to the appropriate department head or designee within
three (3) days of receipt by the employee of the
confirmation test results. Employees may be represented
by legal counsel, present evidence and witnesses on
their own behalf, and confront and cross - examine the
evidence and witnesses used against them.
(b) No employee otherwise entitled to a transfer to the
position of detective or evidence custodian may be
denied such transfer based on a confirmed positive drug
test result unless the hearing officer finds by a
preponderance of the evidence that the employee's
pre- transfer drug and alcohol test results are
accurate. No adverse personnel action may be taken
against an employee subjected to a random drug and
alcohol test prescribed by section 2 -4 -6 (h)(c) based
on a confirmed positive drug and alcohol test result
unless the hearing officer finds by a preponderance of
the evidence that the employee's drug and alcohol test
are accurate. With respect to drug and alcohol tests
based upon reasonable suspicion, no adverse personnel
action may be taken against an employee based on a
confirmed positive drug and alcohol test result unless
the hearing officer finds by a preponderance of the
evidence that the employee's supervisor had reasonable
suspicion to believe that the employee was under the
influence of drugs or alcohol while on the job and the
employee's drug and alcohol test results are accurate.
(c) Within five (5) days following the close of the
hearing, the hearing officer shall issue a written
decision and a brief summary of the facts and evidence
supporting the decision.
(q) Confidentiality of test results
All information from an employee's or applicant's drug
and alcohol test is confidential and only those with a
need to know are to be informed of test results.
Disclosure of test results to any person, agency, or
organization is prohibited unless written authorization
is obtained from the employee or applicant. The results
of a positive drug test shall not be released until the
results are confirmed. The records of confirmed
1
1
positive test results and negative test results shall
be destroyed by the testing laboratory.
(r) Privacy in drug testing
Urine samples shall be provided in a private restroom
stall or similar enclosure so that employees and
applicants may not be viewed while providing the
sample. Employees and applicants will be given hospital
gowns to wear while they are providing test samples in
order to insured that there is no tampering. Street
clothes, bags, briefcases, purses and other containers
may not be carried into the test area. The water in the
commode shall be colored with blue dye to protect
against dilution of test samples.
(s) Laboratory testing requirements
All drug and alcohol testing of employees and
applicants shall be conducted at medical facilities or
laboratories selected by the City. To be considered as
a testing site, a medical facility or laboratory must
submit in writing a description of the procedures that
will be used to maintain test samples. Factors to be
considered by the City in selecting a testing facility
include:
(1) Testing procedures which ensure privacy to
employees and applicants consistent with the
prevention of tampering;
(2) Methods of analysis which ensure reliable test
results, including the use of gas
chromatography /mass spectrometry to confirm
positive test results;
(3) Chain of custody procedures which ensure proper
identification, labeling and handling of test
samples; and
(4) Retention and storage procedures which ensure
reliable results on confirmation of tests of
original samples(Ord. 1995 - 14;12/7/95)
2 -4 -7. TYPES OF EMPLOYMENT
(a) Full -time employees. Full -time employees shall be
defined as personnel who regularly work thirty -
five (35) hours or more per week. Vacation, sick
leave and holidays shall count as time worked for
this purpose.
(b) Part -time employees. Part -time employees are
those employed to work less than thirty -five (35)
hours per week.
(c) 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.
1
1
1
(Ord. of 8- 12 -81, Sec. 7)
2 -4 -8. RECORDS
(a) Personal 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
original copy of all pertinent documents.
(b) Public inspection. All personnel records of
employees covered under these policies and all
other records and materials relating to the
administration of the personnel 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- eouneiiiC
may prescribe:
Name, class title and salary, selection
records and performance rating report are
accessible only to the department head
concerned, the ma *or-and-council-or
designate na e , and the employee
involved.
Other personnel information may be made available
for official purposes at the discretion of the
mayor-and-council
(c) 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
information 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
1
1
1
dates required for the proper administration
of the personnel program.
(d) 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.
(Ord. of 8 -12 -81 Sec. 8)
2 -4 -9. SEPARATION OF EMPLOYEES
(a) Types of separation.
(1) Dismissal: An involuntary separation, except
by expiration of term specified by law,
suspension, layoff or retirement.
(2) Suspension: Involuntary separation during a
limited period for disciplinary purposes.
(3) Resignation: Voluntary separation.
(4) 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
ad without adverse effect on the employee's
eligibility for further employment.
(5) Retirement.
(b) Resignation procedures. Unless otherwise
specified by contract, department heads are
required to submit notices in writing to the mayor
and- eouneieity Xanager 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 department
heads in writing two (2) weeks in advance of their
intent to resign in order to leave city service in
good standing. (Ord. of 8 -12 -81 Sec. 9)
2 -4 -10. DISCIPLINARY ACTION
(a) 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
1
1
1
disciplinary 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).
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 regular full -time employee within
said department head's jurisdiction with
approval from the appropriate - elected
o f f i e i a 1 f s tcitY manager •
Disciplinary action against department heads
shall be administered by the mayor -and
council
(b) Causes for reprimand, suspension, demotion or
dismissal. An employee may be reprimanded,
suspended, demoted or dismissed for the following
reasons:
( 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 valuable 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
(3)
1
1
1
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 unlawful use on
city property or in city equipment of
controlled substances as defined by GA Code
Annotated, Sections 16 -13 -25 through 16 -13-
19.
(10) Employee subsequently becomes physically 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 violation
of these rules.
(c) 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 department head. At
least twelve (12) 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 advise 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
therefor, will be filed in the office of the
personnel administrator prior to closing of the
succeeding business day.
(d) 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
1
1
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
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 subsections (c) and
(d) shall not apply to probationary employees.
(Ord. of 8- 12 -81, Sec. 10)
(e) Disciplinary action, Policy for a Drug -free Workplace.
It is the policy of the City of Tybee island That its
workplace shall be drug -free in compliance with the
Drug -free workplace act of 1988 (PL 100 -690, Title V,
Subtitle D). It is also the policy of the City of
Tybee Island that no employee shall engage in the
unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance as defined
by GA Code 16 -13 -25 through 16 -13 -29 in any of the
city's workplaces. The purpose of this policy is to
avoid the dangers of drugs in the workplace, and to
advise employees of available sources of counseling,
rehabilitation, and employee assistance. It shall be
the duty of each employee to notify the personnel
office within five (5) days of any criminal drug
statute conviction, and the duty of the city to take
appropriate action within 30 days. It is the official
position and policy of the City that drug abuse affects
productivity, health and accident claims, absenteeism,
employee turnover and the morale of the other workers.
Behind these statistics is a great deal of human
suffering - -lost time, money and productivity, financial
and legal troubles, loss of interest in things and
people once loved and enjoyed. It is therefore the
city's position that its employees must abide by this
policy as a prerequisite to continued employment, and
any employee found in violation of this policy will be
subject to the disciplinary actions described herein,
up to and including termination, and /or mandatory
attendance and successful completion of a drug abuse
assistance or similar program as a condition of
continued employment.
(2 -4 -10 (E) WAS DELETED MAY 11, 1995 BY CITY COUNCIL
AND REPLACED WITH SECTION 2 -4 -10.1 DRUG FREE WORKPLACE)
2 -4 -10.1 DRUG FREE WORKPLACE
(a) It is the official position and policy of the City of
Tybee Island that drug abuse effects productivity,
1
1
health, and accident claims, absenteeism, employee
turnover and the moral of other workers. Behind these
statistics is a great deal of human suffering, lost
time, money and productivity, financial and legal
troubles, loss of interest in things and people once
loved and enjoyed. It is therefore the City's position
that its employees must abide by the policy hereinafter
set forth as a prerequisite to employment and to
continued employment, and any employee found in
violation of this policy will be subject to
disciplinary action up to and including termination
and /or mandatory attendance and successful completion
of a drug abuse assistance or similar program as a
condition of continued employment.
(b) It is the policy of the City of Tybee Island that its
work place shall be a drug free workplace in compliance
with the Drug Free Work Place Act, 41 U.S.C.S.
701et.seq.
(c) It is the policy of the City of Tybee Island that no
employee shall engage in the unlawful manufacture,
distribution, dispensation, possession or use of a
controlled substance as defined by O.C.G.A. 16 -13 -25
through 16 -13 -29 in the City's workplace and any
violations thereof shall result in discipline.
(d) The City shall publish a statement notifying employees
that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled
substance is prohibited in the City's workplace and
specifying that disciplinary action including
reprimand, suspension without pay, administrative
leave, probation, demotion and all possible forms of
discipline, up to and including termination, may be
imposed for any violation, and /or mandatory attendance
and successful completion of a drug abuse assistance or
similar program may be imposed as a condition of
continued employment.
(e) The City of Tybee Island hereby established a drug free
awareness program to inform employees about:
i) The dangers of drug abuse in the workplace;
ii) The City's policy of maintaining a drug -free
workplace;
iii) Any available drug counseling, rehabilitation, and
employee assistance program; and
iv) The penalties that may be imposed upon employees
for drug abuse violation.
(f) The City of Tybee Island is required to provide each
employee with a copy of the statement described above
and with notice that as a condition of employment, the
1
employee will abide by the terms of such statement and
will notify the City of any criminal drug statute
conviction for violation occurring in the workplace no
later than five (5) days after such conviction.
(g) The City of Tybee Island will notify any granting
agency as defined in the Drug Fee Workplace Act, within
ten (10) days after receiving notice of a conviction
from an employee or otherwise receiving actual notice
of such conviction and will impose a sanction on or
require the satisfactory participation in a drug abuse
assistance rehabilitation program by any such convicted
employee as required by 41 U.S.C. 703 within thirty
(30) days of notice of such conviction.
(h) The City of Tybee Island will make good faith efforts
to maintain a drug free workplace through
implementation of the provisions hereof and the Drug
Free Workplace Act, 41 U.S.C. 701 et.seq. (Ord. 1995 -7;
May 11, 1995)
2 -4 -10.1 DRUG FREE WORKPLACE
(a) It is the official position and policy of the City of
Tybee Island that drug abuse effects productivity,
health, and accident claims, absenteeism, employee
turnover and the moral of other workers. Behind these
statistics is a great deal of human suffering, lost
time, money and productivity, financial and legal
troubles, loss of interest in things and people once
loved and enjoyed. It is therefore the City's position
that its employees must abide by the policy hereinafter
set forth as a prerequisite to employment and to
continued employment, and any employee found in
violation of this policy will be subject to
disciplinary action up to and including termination
and /or mandatory attendance and successful completion
of a drug abuse assistance or similar program as a
condition of continued employment.
(b) It is the policy of the City of Tybee Island that its
work place shall be a drug free workplace in compliance
with the Drug Free Work Place Act, 41 U.S.C.S.
701et.seq.
(c) It is the policy of the City of Tybee Island that no
employee shall engage in the unlawful manufacture,
distribution, dispensation, possession or use of a
controlled substance as defined by O.C.G.A. 16 -13 -25
through 16 -13 -29 in the City's workplace and any
violations thereof shall result in discipline.
1
1
1
(d) The City shall publish a statement notifying employees
that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled
substance is prohibited in the City's workplace and
specifying that disciplinary action including
reprimand, suspension without pay, administrative
leave, probation, demotion and all possible forms of
discipline, up to and including termination, may be
imposed for any violation, and /or mandatory attendance
and successful completion of a drug abuse assistance or
similar program may be imposed as a condition of
continued employment.
(e) The City of Tybee Island hereby established a drug free
awareness program to inform employees about:
i) The dangers of drug abuse in the workplace;
ii) The City's policy of maintaining a drug -free
workplace;
iii) Any available drug counseling, rehabilitation, and
employee assistance program; and
iv) The penalties that may be imposed upon employees
for drug abuse violation.
(f) The City of Tybee Island is required to provide each
employee with a copy of the statement described above
and with notice that as a condition of employment, the
employee will abide by the terms of such statement and
will notify the City of any criminal drug statute
conviction for violation occurring in the workplace no
later than five (5) days after such conviction.
(g) The City of Tybee Island will notify any granting
agency as defined in the Drug Fee Workplace Act, within
ten (10) days after receiving notice of a conviction
from an employee or otherwise receiving actual notice
of such conviction and will impose a sanction on or
require the satisfactory participation in a drug abuse
assistance rehabilitation program by any such convicted
employee as required by 41 U.S.C. 703 within thirty
(30) days of notice of such conviction.
(h) The City of Tybee Island will make good faith efforts
to maintain a drug free workplace through
implementation of the provisions hereof and the Drug
Free Workplace Act, 41 U.S.C. 701 et.seq. (Ord. 1995 -7;
May 11, 1995)
2 -4 -11. APPEALS (DISCIPLINARY)
After any suspension without pay, demotion, or
dismissal from city employment, the affected employee
1
1
1
shall have the right to appeal within five (5) days
after the effective date of the disciplinary action.
The employee should notify the City eouncilMeneger in
writing of his desire to have a hearing. Upon
receiving a written appeal from an employee pursuant to
the foregoing provision, the City couneilMenager will
schedule an evidentiary 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.
(Ord. of 8- 12 -81, Sec. 11)
2 -4 -12. GRIEVANCES
The effective accomplishment of the work of the city
requires prompt consideration 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 employee 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 eouneil i g r or -to -the
appropriate- eommittee- within - tie- eity- eouneil.
Grievance problems carried to the City council i e
or- to- a- council- committee must be submitted in writing.
The City eouneil- or- committee r e 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 eouneil -or
committee anag r shall take appropriate action which
may include a recommendation to change the personnel
rules and regulations, a finding that the grievance is
unjustified or any other appropriate recommendation.
No employee shall be disciplined or discriminated
against in any way for proper use of the grievance
procedure.
(Ord. of 8- 12 -81, Sec. 12)
1
2 -4 -13. LEAVE POLICIES
(a) Annual leave. Annual leave is based on years of
service to the city and is computed as follows:
(1) Full -time employees. Employees in their
first year of service earn one -half of a day
per month, or six (6) workdays in the first
year. Accumulation begins as soon as
employment begins, but annual leave may not
be taken until after three (3) months of
continuous employment with the city.
Employees with one or more years of
continuous service earn leave at the rate of
one day per month, or twelve (12) workdays
per year. Employees with ten (10) or more
years of continuous service earn leave at the
rate of one and one -half (1 1/2) days per
month, or eighteen (18) workdays per year.
(2) Permanent part -time employees. Deleted (Ord.
1994 -27: 10/13/94)
(3) Vacation leave schedule.
(I) Vacation leave shall be scheduled with
particular attention to seniority of employees,
departmental operating requirements, and insofar
as possible, the requests of the employees.
(II) Employees shall submit in writing a request
for vacation leave to their department head at
least two (2) weeks prior to the desired vacation
date.
(III) Vacation leave may not be taken in
increments of less than one -half day.
(IV) Vacation leave may be accrued to a maximum of
30 -days.
(V) Pay in lieu of vacation leave may be granted
if approved by the department head and the
eounei1 /- eommittee c .
( 4) Pay in lieu of second week of vacation leave.
Any employee eligible for two (2) 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 department head an the appropriate
elected- offieialfst-r€;;
( 5) An employee may elect to donate some portion of
his /her accrued vacation leave to another employee
in need under the following conditions:
a. Such vacation leave must be transferred at
the same or at a lesser cost (e.g. must be
transferred to an employee at the same or lower
pay rate as the donor).
b. The recipient must be in need of additional
leave time for personal illness or illness of a
family member and must be at the point of taking
leave without pay.
c. Vacation leave, once donated, shall not be
given back to the donor except where the
conditions of paragraph (b) above are met.
d. In no case shall the donor transfer vacation
leave to another employee for the single purpose
of avoiding losing vacation leave.
e. The sale or trade of vacation leave for
purposes which would circumvent the spirit of this
procedure is prohibited.
f. Requests to donate vacation leave should be
made in writing to the Department Head and the
..........................
City Administrator- or- Persennei- eierkt.
(1992 -19 9/10/92)
(Ord. of 8- 12 -81, Sec. 13)
(b) 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 department head has the authority to approve
or disapprove sick leave applications.
( 1) Eligibility. An employee may be eligible for
sick leave for the following reasons:
a. Personal illness;
b. Quarantine of an employee by physician;
c. Illness in the immediate family
requiring the employee to remain at
home;
d. Death of a member of employee's
immediate 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 (2) below. Temporary,
seasonal, and other nonpermanent part -time or
substitute employees are not eligible for
sick leave.
( 2) 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
1
1
1
the forms provided. The appropriate
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.
( 3) Accrual of sick leave. Full -time eligible
employees shall 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 forty -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.
( 4) 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
twenty -four (24) hours' sustained
service, the employee, if possible,
should report his absence two (2) hours
before the designated reporting time.
In the event of failure of compliance
with this provision, 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.
( 5) 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
1
1
1
abused. Department heads who feel an
employee is abusing the sick leave privilege
may require the employee to furnish a
doctor's certificate for each period of
absence regardless of the provision of ( 4)
above.
( 6) Accumulated sick leave. An employee, upon
separation from the city service, shall not
receive payment for accumulate sick leave.
( 7) Extended Sick Leave
In addition to sick leave earned, additional sick
leave may be advanced up to a maximum of twelve
(12) days with the approval of the Mayer -and
eouneilcity wantger. Extended sick leave will be
granted, due to extraordinary circumstances. Sick
leave may not be advanced during a leave without
pay status. leave records will show a negative
balance until normal accruals reduce the balance
to zero.
(c) Civil leave. An employee will be granted
civil leave when it is necessary for the
employee 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.
(d) Military leave. Employees may receive a
leave of absence not to exceed fifteen (15)
days for participation in the National Guard,
Reserved 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 official orders
requiring training or duty.
(e) 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.
(f) Leave without pay.
( 1) Generally. When it is deemed in the best
1
(
(
1
(
1
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- eouneil -er
designateCIty maramet. Noncareer
employees are not eligible for grants of
leave without pay. Leave without pay
shall not exceed one year.
2) Valid reasons. Valid reasons shall
include, but not be confined to, the
following:
Prolonged illness or disability of the
employee or a member of the employee's
household, educational or training
enrichment, pregnancy and childbirth,
and military service.
3) Procedure for requesting leave without
pay. Application for leave without 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
recommendations in the absence of the
department head.
4) 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 expiration of leave
without pay, the employee (subject to
(5) below) shall be reinstated in his
former position, and the substitute
employee returned to his former position
without loss of status or benefits.
1
(g)
1
1
( 5) Rights of employee on leave without pay;
reinstatement in former position.
Employees granted leave without pay not
exceeding two (2) calendar months shall
be entitled to reinstatement in their
former position. For employees granted
leave without pay exceeding two (2)
calendar months, every effort will be
made to return the employee to his
former position or a comparable one. He
shall be listed on reemployment lists in
the same manner as employees who are
laid off in good standing.
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) Thanksgiving Day
( 8) Friday after 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 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
1
1
follows:
Employees who work 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.
(Ord. of 8- 12 -81, Sec. 13)
2 -4 -14. OVERTIME /COMPENSATORY TIME OFF; APPROVAL AND DESIGNATION.
Overtime and compensatory time off shall be administered in
full compliance with the Fair Labor Standards Act, and shall be
set forth in a written policy approved by the Mayer -and
.............. ...............................
eeune i if tag
2 -4 -15. AUTHORIZATION AND CONDITIONS REQUIRED TO ACCEPT OUTSIDE
EMPLOYMENT
Employees are expected to devote primary attention to
the requirements of their city jobs. It is permissible
to obtain outside employment if the employee first
gains written approval from the appropriate department
head and if:
( 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.
(Ord. of 8- 12 -81, Sec. 15)
2 -4 -16. POLITICAL ACTIVITY
No city employee shall actively seek city elective
office(s) or actively advocate or oppose the
candidacy of any individual for nomination or
election to any city office. An employee may
participate in political activities 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
1
1
1
prevent employees from becoming or continuing to
be members of any political party, club or
organization; 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. (Ord. of 8- 12 -81, 16)
2 -4 -17. EMPLOYEE DEVELOPMENT.
(a) In- service training. The mayor-and-council-or
designateCty Manager 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.
(b) Educational enrichment. Upon the recommendation of the
department head and the prior approval of the mayor- and- eenneil
ar-designateCity Manager, an employee may receive payment for the
cost of tuition and books for any job - related course successfully
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 eeuneil -er
designateManager may also approve compensation based on regular
city travel policies. (ORD. 1991 -23)
2 -4 -18. EMPLOYEE FRINGE BENEFITS
(a) 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.
(b) Insurance benefits. Provisions for group
insurance and group medical coverage for
employees shall be as outlined in existing
group contracts and plans, or as they may be
amended.
(c) Uniforms and equipment. Uniforms for police
and fire department employees and such other
employees as the mayor-and-counefiCity 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 i !IaA .
(Ord. of 8- 12 -81, Sec.18)
2 -4 -19. TRAVEL, TRAVEL EXPENSE AND OTHER REIMBURSEMENTS
1
(a) 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- eeuneil- or- designat
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.
(b) Lodging and modes of travel. Lodging and
modes of travel other than automobiles that
are required for out of area travel are
reimbursable 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.
(c) Subsistence. Subsistence 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.
(Ord. of 8- 12 -81, Sec. 19)
2 -4 -20. ACCEPTANCE OF GIFTS AND GRATUITIES
An employee shall not accept gifts, gratuities or
loans from organizations, business concerns, or
individuals with whom he 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.
(Ord. of 8- 12 -81, Sec. 21)
1
1
1
2 -4 -21. USE OF CITY VEHICLES
(a) 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
employee 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.
(b)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.
(Ord. of 8- 12 -81, Sec. 21)
(c) Use of City vehicles by employees. City
employees whose jobs include the use of a City
vehicle are authorized to drive City vehicle only
within the City limits of Tybee Island and outside
the city limits of Tybee Island in the course of
their employment and while on City business. With
the exception of City employees who reside within
five (5) miles of City Hall, no City employee is
allowed to drive a City owned and maintained
vehicle to and from work and such employees' home
or residence.
2 -4 -22. AGREEMENTS AUTHORIZED: 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 equipment,
materials, facilities, and services with any
public agency or body for purposes deemed of
benefit to the public personnel system.
(Ord. of 8- 12 -81, Sec. 22)
2 -4 -23. PENALTIES
Any person who willfully violates any provision of
1
1
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 following judgments rendered:
( 1) Dismissal from Tybee Island city service;
( 2) Demotion in rank or grade;
( 3) Suspension for a period of time not
exceeding thirty (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.
(Ord. of 8- 12 -81, Sec. 23)
2- 4- 30ART. ARTICLE B SOCIAL SECURITY'
2 -4 -31. DECLARATION OF PURPOSE
It is declared to be the policy and purpose of the
city to extend under the agreement entered into by
the state and Federal Security Administration, to
the employees and officials thereof, and its
instrumentalities, not excluded by law or by this
code, the benefits of the system of old age and
survivors' insurance as authorized by the Federal
Social Security Act, the state enabling act and
amendments thereto. In the pursuance of this
policy, and for that purpose, the city shall take
any action as may be required by applicable state
or federal laws or regulations.
(Code 1970, Sec. 14 -5)
2 -4 -32. EXECUTION OF AGREEMENTS
The mayor, or other chief executive officer, of
the city is authorized and directed to execute all
necessary agreements and amendments thereto with
the employees' retirement system of the state for
coverage of those employees and officials as
provided for in section 2 -4 -31 hereof, to include
any employee (namely firemen) that are in
1 State law reference-
Social Security, Ga. Code Ann.,
$69 -1019.
1
1
1
positions covered by a public retirement system,
in the manner by that law provided.
(Code 1970, Sec. 14 -6)
2 -4 -33. WITHHOLDINGS FROM WAGES
Withholdings from salaries or wages of employees
and officials for the purpose provided for in
section 2 -4 -31 hereof are authorized to be made in
the amounts and at those times as may be required
by applicable state or federal laws or regulations
and shall be paid over to the state agency. (Code
1970, Sec. 14 -7)
2 -4 -34. CITY CONTRIBUTIONS, ETC.
There shall be appropriated from general funds
those amounts at those times as may be required by
applicable state or federal law or regulations for
employer's contributions and administrative
expenses. These funds shall be paid over to the
state employees' retirement system in accordance
with regulations established by that agency.
(Code 1970, Sec. 14 -8)
2 -4 -35. RECORDS AND REPORTS
The city shall keep any records and make any
reports as may be required by applicable state or
federal laws or regulations.
(Code 1970, Sec. 14 -9)
2 -4 -36. EXCLUDED EMPLOYEES
There is hereby excluded from sections 2 -4 -31
through 2 -4 -35 any authority to make any agreement
with respect to any position, or any employee or
official not authorized to be covered by
applicable state or federal laws or regulations.
2 -4 -37. through 2 -4 -50. RESERVED
2- 4- 50ART. ARTICLE C. RETIREMENT
2 -4 -51. RETIREMENT PLAN
1
1
1
An Ordinance to amend an Ordinance approved May 1, 1987, as
amended, establishing a retirement plan for the employees of the
City of Tybee Island, Georgia, and setting forth the joint trusts
agreement and the contract for the administration of said plan by
the City and the Georgia Municipal Employees Benefit System as
provided by O.C.G.A. Section 47 -5 -1 et seq., so as to change and
clarify the definition of Credited Past Service; to change and
clarify the definition of Credited future Service; to change and
clarify the definition Earnings; to clarify the definition of
Annual Earnings; to clarify the definition of Vesting, Vested
Right, Vested Benefit, to clarify the definition of Disability;
to change and clarify the definition of Disability Retirement
Date; to change and clarify ineligible employees; to allow credit
for military service for reemployed employees; to cap the amount
of earnings to be taken into account for benefit computation in
accordance with Internal Revenue Code Section 401 [a] [17]; to
require limitations on annual benefits a participant can receive
in accordance with Internal Revenue code Section 415[b]; to
change certain provisions pertaining to optional forms of
retirement income; to provide lump sum distributions for small
annuities in accordance with Internal Revenue code Section
417[e]; to change and clarify interest in event of plan
termination of lump sum distribution; to change and clarify the
provisions pertaining to portability; to remove time constraints
from application for benefits; to change and clarify the
provisions pertaining to errors in computation; to change "Joint
Municipal Employees Benefit System; and "JMEBS" to "Georgia
Municipal Employees Benefit System" and "GMEBS "; to provide an
effective date; to repeal conflicting ordinances; and for other
purposes.
Be it ordained by the Mayor and Council of the City of Tybee
Island, Georgia, and it is hereby ordained by the authority
thereof:
An Ordinance establishing a retirement plan for the
employees of the City of Tybee island, Georgia, and setting forth
the joint trust agreement and the contract for the administration
of said Plan between the City and the Georgia Municipal Employees
Benefit system as provided by O.C.G.A. Section 47 -5 -1 et seq., is
hereby amended by striking Section 25, Section 27, Section 30,
Section 31, Section 44, Section 46, and Section 48 from Article
II and substituting in lieu thereof, the following:
"Section 25. Credited Past Service shall mean the number of
years and complete months of Past Service:
a. Of an Eligible Employee employed on the Effective Date
of the Plan.
b. Of an Eligible Employee not employed on the Effective
Date of the Plan who had Service Prior to such Effective Date,
provided that subsequent to such Effective Date, the employee
performs the lesser of: Service and leave of absence equal to
the break in Service, or Service and leave of absence equal to
five [5] years.
1
c. Of an Eligible Employee whose initial employment date
is subsequent to the effective Date of the Plan, however,
ADOPTED THIS
AY OF ,
M yor Walter W. Parker
Cler
1st ead
ou
2n• Reading:
Enacted:
[2 -4.CM]
1