HomeMy Public PortalAbout20050714CCMeetingA. •
• 3 -2 -43A
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ORDINANCE NO. 2005-22
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 3, Chapter 2, Section 43A, be
amended to read as follows:
Section 1. Section 3 -2 -43A is hereby amended to read as follows
3 -2 -43A Rate.
The rate of taxation shall be six (6) percent of taxable charges to the public for lodging
accommodations. The tax shall be levied at this rate and the resulting revenues shall be used
pursuant to O.C.G.A. '48- 13- 51(a)(3.2)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted t day of , 2004
Mayor Walter W. Parker
City Clerk
1st Reading: June 11, 2005
2nd Reading: July 14, 2005
Enacted:
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ORDINANCE NO PO
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 6, be
amended to read as follows:
Section 1. Chapter 2 -4 is hereby amended to read as follows
2-4 PERSONNEL
Section 2. Section 2 -4-0A is hereby amended to read as follows
2 -4-0A Article A. Personnel system
Section 3. Section 2 -4-1 is hereby amended to read as follows
2 -4-1 Introduction.
(a) Authority. The Mayor and City Council of Tybee Island, Georgia read and duly
adopted in open meeting, in accordance with the personnel ordinance, these
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 principle 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 for just
cause;
(5) Assuring fair treatment of applicants and employees in all aspects of
personnel administration without regard to political affiliation, race,
color, national origin, sexual orientation, age, religion or handicapped
status;
(6) Establishing a procedure for the presentation and adjustment of employee
grievances based on alleged injustice or in equality of treatment because
of some conditions of their employment; or based on alleged
discrimination because of race, color, national origin, sex, age, religion
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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 rules and regulations are vested in the City 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)
Section 4. Section 2 -4 -2 is hereby amended to read as follows
2-4-2 Allocation of officers and positions to classified or exempt service
(a) General allocation. All offices and positions of the city shall be allocated to the
classified or exempt service.
(b) Exempt service. The exempt service shall include the following.
1. All elected officials, city attorney and city recorder;
2. Positions involving seasonal or part -time employment;
3. Volunteer personnel and personnel appointed to serve
without compensation;
4. Consultants and council rendering temporary 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)
(d) The City Manager and City Clerk shall be "at will" employees, serving at the pleasure of the
City Council, within the classified service of the city.
(e) Emergency Management: Whenever salaried employees work in excess of forty hours per
week in response to hurricane preparation and recovery needs, they shall be temporarily
classified as hourly employees and be eligible for overtime compensation as a result of
their extraordinary duties and assignments during such periods. (Ord. 1997 -113; 10 -23-
97)
Section 5. Section 2 -4 -3 is hereby amended to read as follows
2 -4 -3 Classification plan.
(a) Definition. The classification plan is the systematic grouping of positions into
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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.
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 by the City Manager 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 City
Manager. Such changes may result from the need of creating new
positions, changes in organization or changes in assigned duties and
responsibilities.
(2) The City Manager shall review all requests for creation of new positions, the
abolition or consolidation of present positions, reclassification of
positions to different job classes, or the reallocation of positions to new .
salary ranges. In such review the current duties and responsibilities of
the position concerned will be studied and the appropriate action
necessary to ensure the correct classification and allocation of the
position will be taken.
(3) Each department head shall report to the City Manager any changes in the
organization or assignment of duties and responsibilities to a given
employee which might result in changes in the position - classification
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plan or in the classification of any of the positions within the
department.
Section 6. Section 2 -4-4 is hereby amended to read as follows
2 -4-4 Pay for employees.
(a) Pay plan. The pay of all employees is governed 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 twelve (12) 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.
(5) Administrative salary adjustment - merit raise is approved.
(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
based upon experience or other qualifications.
(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
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rehired at a later date 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 performance of each employee shall be reviewed
annually during November - January, by the department head for the purpose of
determining which employees shall receive merit increases or other changes . 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 City Manager for merit increase, promotions,
demotions, transfers to other positions, training and education programs, and/or other
appropriate personnel changes.
(Ord. of 8- 12 -81, Sec. 4)
Section 7. Section 2 -4 -5 is hereby amended to read as follows
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, fmal 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 City
Manager and the hiring authority based on current organizational needs.
(b) Application process. Applications shall be made on forms provided by the City
Manager. 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 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
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or any other such documentation as deemed necessary.
(Ord. of 8- 12 -81, Sec. 5)
Section 8. Section 2 -4-6 is hereby amended to read as follows
2 -4-6 Appointments
(a) Recommendations and appointments. Department heads shall examine
applications and applicants for employment and recommend to the City Manager
applicants for appointment to vacancies existing with their departments.
Appointments shall be made on the basis of ability, training, and experience
without regard to age, race, creed, national origin, sex, or handicap
(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 and 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 City
Manager.
(c) Pre - employment medical examination. Prospective employees may be required to
supply medical and health data, and 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 fi eiving an appointment with the city shall
complete a probationary period of ; ;= 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. Not
withstanding any other provisions a probationary employee maybe
terminated with or without cause at any time and the provisions of
2-4 -10 are not applicable. At the conclusion of the probationary period, the
department head shall recommend whether to:(ORD.2003 -06; 2/27/03)(2005-
06-09)
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(1) Retain the employee in the present position and classification;
(2) Assign the employee to an alternative position usually at a lower
classification; or
(3) Separate the employee from city service.
(Ord. of 8- 12 -81, Sec. 6)
Section 9. Section 2 -4-6.1 is hereby amended to read as follows
2 -4-6.1 Drug Free Policy
(a) 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 employment for certain public
health, safety and security positions within the City. The City also recognizes that
individuals employed as municipal employees have certain rights to privacy. However,
under applicable state and federal laws, the City's interest in protecting the health and
safety of the public outweigh the individual employee's legitimate expectations of
privacy. Accordingly, certain procedural safeguards, limitations, and due process
guarantees are set forth in connection with the testing required by this Article.
(b) Scope of Policy. Drug and alcohol abuse by City employees is prohibited. This shall
include the illegal manufacture, distribution, possession or use of a controlled
substance, the abuse of prescription medications, and the use of alcohol during or
immediately preceding work hours or on City premises. This prohibition also includes
the unauthorized use of prescription drugs or the abuse of prescribed drugs. If an
employee is directly observed using alcohol, or a controlled or illegal substance while
on duty, the City expressly reserves the right to immediately terminate the employee
without testing as provided in this Policy. The employee may appeal such actions as
per Section 2 -4 -11; Appeals.
(c) Drugs Included in Tests. When drug and /or alcohol testing is required under the
provisions of this Article, a urinalysis test, or other appropriate test, will be given to
detect the presence of the following drugs:
(1) Alcohol (ethyl);
(2) Amphetamines (e.g. speed);
(3) Barbiturates (e.g. Amobarbital, Butabarbital, Phenobarbital, Secobarbital);
(4) Cocaine;
(5) Methaqualene (e.g. Quaalude);
(6) Opiates (e.g. Codeine, Heroin, Morphine, Hydromorphone and Hydrocodone);
(7) Phencyclidine (PCP);
(8) THC (marijuana)
(9) A metabolite of any such substances.
(10)All drugs specified by the State of Georgia as controlled substances.
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(11)All drugs required to be tested under applicable federal laws.
(d) Job Applicant Testing. As a condition of employment, an applicant may be tested
where they are to hold a position involving public health, safety or security, or where
otherwise required by state or federal law. The City Manager, in cooperation with the
Council and Mayor, will determine and provide a list of these positions. These positions
can be changed or otherwise amended from time to time by the City Manager. Such
changes shall be posted and available to all employees.
(e) Current Employee Testing. The City may require a current employee to undergo
drug and/or alcohol testing if there is reasonable suspicion to believe that the employee
is under the influence of drugs and /or alcohol during working hours. "Reasonable
suspicion" means an articulable belief based upon specific facts and reasonable
inferences drawn from those facts. Circumstances, which constitute a basis for
determining "reasonable suspicion ", include, but are not limited to:
(1) A pattern of abnormal or erratic behavior;
(2) Observed use, possession or sale of illegal or prescription drugs or alcohol, or a
report of same from a reliable source;
(3) Employee involvement in or contribution to a work - related accident;
(4) Presence of physical symptoms of drug or alcohol abuse (i.e., glassy or bloodshot
eyes, alcohol odor on breath, slurred speech, poor coordination and /or motor reflexes);
(5) Violations of criminal drug law statutes involving the use of illegal drugs, alcohol, or
prescription drugs and/or violations of other drug/alcohol statutes;
(6) As part of a follow -up program for treatment of drug or alcohol abuse;
(7) When a substance abuse test is conducted as a part of a regularly scheduled
employee
fitness for duty medical examination that is scheduled routinely for members of an
employment classification or group.
A supervisor is required to detail, in writing, on the designated personnel form, 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
as the City Manager finds appropriate. These forms shall be considered confidential.
(t) Random Testing of Employees. Employees may be randomly tested without
reasonable suspicion when they are in a position involving public health, safety or
security. Federal law under the Department of Transportation and the State of Georgia
Department of Transportation regulations require random and post - accident testing of
all employees who possess a commercial drivers license which they utilize in the course
of their job- related duties. The City Manager will determine and provide a list of those
employees who are subject to random drug /alcohol testing.
(g) Employee Reporting Requirements. If an employee is arrested or convicted
(including pleas of nolo contender) of violating any criminal drug statue of any
jurisdiction, regardless if the alleged violation occurred at the workplace or elsewhere,
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the employee must notify the City Manager, in writing, within five (5) calendar days of
each arrest or conviction.
(h) Prior Notice of Testing Policy. The City shall provide written notice of its Drug -Free
Testing Policy to all employees. This shall be accomplished by providing each existing
employee with a copy of the Drug -Free Testing Policy and obtaining each employee's
signature attesting that they have received a copy of the Drug -Free Testing Policy. Job
applicants may be informed verbally or in writing of the existence of the City's Drug -
Free Testing Policy. Furthermore, any job posting which requires a drug /alcohol
screening shall state such in the job posting.
(i) Consent. Before a drug and/or alcohol test is administered, employees and job
applicants will be required to sign a consent form authorizing the test and permitting the
release of test results to the appropriate individual(s) within the City. The consent form
shall provide space for employees and applicants to acknowledge that they have been
notified of the City's Drug -Free 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 need for drug and/or 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/or 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.
(j) Refusal to Consent: Applicants. A job applicant who is subject to a pre - employment
drug /alcohol screening, and who refuses to consent, will be denied employment with
the City.
(k) Refusal to Consent: Employees. An employee who refuses to consent to a drug
and /or alcohol testing when reasonable suspicion has been identified, or where they
are subject to random testing, is subject to disciplinary action, up to and including
termination.
(I) Confirmation of Test Results.
(1) An employee or applicant whose test yields a positive result shall be given a second
confirming test using a gas chromatography /mass spectrometry (G.C./M.S.) tests. The
second test will be performed on the same sample as the first test - the
employee /applicant will not be permitted to submit a second sample.
(2) 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
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concentration level. A copy of the test results shall be included with the notification
letter.
(3) 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. The employee /applicant must
respond to the notifying department head or designee, in writing, within five (5) calendar
days from receipt of notification of a positive test result, explaining and/or contesting the
result, and/or requesting a third test conducted on the original sample.
(m) Consequences of a Confirmed Positive Result.
(1) Applicants: Job applicants will be denied employment with the City if their initial
positive results have been confirmed. Applicants will be notified in writing if they are
rejected on the basis of a confirmed positive result.
(2) Employees: If an employee's positive test result has been confirmed, the employee
is subject to disciplinary action up to and including termination in accordance with
Section 2 -4 -10; Disciplinary Action.
(n) Mandatory Termination. Termination will be mandatory in the following cases:
(a) Selling drugs on or off the job;
(b) A positive drug or alcohol test while either on probation or while participating in a
drug or alcohol treatment program;
(c) A nolo plea, guilty plea or conviction of a second DUI offense;
(d) A DUI offense (nolo plea, guilty plea or conviction) while operating a City vehicle;
(e) A felony violation (nolo, guilty plea or conviction) of any controlled
substance law.
(o) Right to a Hearing. If an employee is tested, and the employee's positive test result
has been confirmed, the employee is entitled to an informal disciplinary hearing as per
Section 2- 4- 10(c), before any disciplinary action may be taken by the City. Should any
of the listed disciplinary actions be taken, the employee may appeal such actions as per
Section 2 -4 -11; Appeals.
(p) Confidentiality of Test Results. All information from an employee's or applicant's
drug and/or alcohol test is confidential under all applicable state and federal laws, and
only those with a need to know are informed of the test results. Disclosures of test
results to any person, agency, or organization, unless otherwise required by law, are
prohibited unless written authorization is obtained from the employee or applicant. The
records of the results of a positive drug test shall not be released until the results are
confirmed. The records of a confirmed positive test result and the testing laboratory
shall unless otherwise required by applicable law, destroy negative test results.
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(q) 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, the medical facility or laboratory must submit, in
writing, a statement that their testing methods and facilities comply with all applicable
federal and state laws, and provide a description of the procedures that will be used to
conduct the test and to maintain the test samples.
Factors to be considered by the City in selecting a test site include:
(1) Testing procedures, which insure privacy to employees and applicants;
(2) Testing procedures consistent with the prevention of tampering with the samples;
(3) Methods of analysis, which ensure reliable test results, including the use of
gas chromatography /mass spectrometry to confirm positive test results;
(4) Chain of custody procedures, which ensure proper identification, labeling and
handling
of test samples; and
(5) Retention and storage procedures which ensure reliable results on confirmation of
tests on original samples.
(r) Employee Assistance Program. The City offers an Employee Assistance Program
(EAP) benefit for employees and their dependants who have personal problems.
These may include, but are not limited to, alcoholism and drug abuse. Voluntary
participation prior to an employee being requested to submit to a test is strongly
encouraged. In these situations, no disciplinary action shall be implemented because
an employee volunteers to participate in such a program. Confidentiality is assured. No
information regarding the nature of the problem will be made available without the
participant's written permission, nor will it be included in the employee's personnel file.
However, participation in the EAP program will not protect an employee from
disciplinary action or even termination after he or she has been requested or required to
submit to a drug /alcohol test. In these cases, the EAP process may be used in
conjunction with discipline, but it not a substitute for discipline. All employees who are
referred to the EAP as a mandatory participant and who refuse to cooperate in
counseling and rehabilitation for drug or alcohol use, or who are found to have used
drugs or alcohol during the course of their treatment and rehabilitation, shall be subject
to immediate termination. All participants in the EAP drug or alcohol programs are
subject to random testing during the course of their treatment and rehabilitation.
Please see the City Manager for further information regarding the City's EAP program
and provider.
Notes and recommendations:
1. Most labs provide a consent form for testing. Depending on the facility selected by
the City, a consent form may have to be drawn up for the City. It would be advisable to
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pick the testing facilities ASAP so that they could go through the approval process, we
could review the consent forms, and also have them readily available upon request
from personnel or the City Manager. If the consent forms are not consistent with what
we want, another form can be drawn up for the City. The lab will still require the
individual to sign their form as well. I think that a liability release for the City needs to
be included if the labs form does not provide for a release for the lab and the employer.
2. If there is agreement to eliminate the supervisor guidelines from the policy, a
standard form for supervisors to fill out regarding reasonable suspicion needs to be
drawn up and explained to those City employees with the authority to recommend
testing.
3. The City Manager needs to review the job classifications and suggest which
employees /classifications he would like to see utilized for purposes of pre - employment
testing and random testing. Once this information is finalized, it can be included in
either the testing policy itself or as part of the employee handbook. It would be best to
include these positions as a part of the testing policy itself. It could also, as an
alternative, be included in just the individual job descriptions or the class job description
(e.g. fire and police).
4. The mandatory circumstances for dismissal, which I have included in the drug
testing policy, can be included in the Disciplinary Policy by reference.
5. Under state and federal guidelines, possession and distribution also needs to be
part of the drug policy - I have added these. These are obviously also disciplinary, but
the Disciplinary Policy can reference the drug policy.
6. New HIPPA regulations reinforce existing laws (and add stiff penalties) that require
employers to keep all medical information in a separate file.- not in the personnel file
regularly kept for each employee.
7. I have included a form for the employee to sign indicating that he /she has received a
copy of the new drug policy.
Section 10. Section 2 -4 -7 is hereby amended to read as follows
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. Part -time employees who regularly work thirty-
five (35) hours per week are eligible to participate in the City's retirement
program.
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(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.
Section 11. Section 2 -4 -8 is hereby amended to read as follows
(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 as provided by State Law.
Information which is obtained in the course of official duties shall not be released by any
employee other than by the City Manager.
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 City Manager may prescribe:
Name, class title and salary, selection records and performance rating report are
accessible only to the department head concerned, the City Manager, and the employee
involved.
Other personnel information may be made available for official purposes at the
discretion of the City Manager.
(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 data 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 shall be immediately reported to the
employee's department head and the City Manager.
(Ord. of 8 -12 -81 Sec. 8)
Section 12. Section 2 -4-9 is hereby amended to read as follows
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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 causes and without
adverse effect on the employee's eligibility for further employment.
(5) Retirement: Voluntary separation after age and length of service eligibility
requirements have been met in a retirement program.
Resignation procedures. Unless otherwise specified by contract, department heads
are required to submit notices in writing to the City Manager 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)
(b)
2-4 -6
Section 13. Section 2 -4-10 is hereby amended to read as follows
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
disciplinary action. Reprimands may be given by the department heads.
(2) Suspensions. Temporary separation without pay 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 City Manager.
(3) Demotions. Demotions are necessary in order that employees whose work
has not been satisfactory, but who do not deserve dismissal, may be
retained and assigned less difficult work. An employee may be demoted
by the appropriate department head with approval from the City
Manager.
(4) Dismissals. Dismissals are necessary as a result of a serious offense(s) or
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due to frequent disciplinary problems. Serious offenses are those which
would lead a reasonable and prudent supervisor to conclude that
continued employment of the individual would be a significant detriment
to the City, the public, other City employees, or that individual. A
department head may dismiss a regular full -time employee within said
department head's jurisdiction with approval from the city manager.
Disciplinary action against department heads shall be administered by
the City Manager.
(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, bribe, gift, token, monies 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 fee,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.
(14) Sexual harassment
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 shall confer with the City Manager
and Personnel Director, obtain the City Manager's approval of appropriate action
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to be taken, and orally and in writing advise the employee of his decision; and in
the event that disciplinary action is taken . against the employee the department
head shall orally and in writing advise the employee of the reasons for such
action and that the employee may appeal the department head's decision. 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 director prior to closing of the succeeding business day.
(d) Suspension with Pay. In any extraordinary situation where an employee is unfit to
perform his work under circumstances where retention of the employee pending
a hearing might result in damage to the property or injury to the employee or
other persons or the employee is physically unable to perform his duties, or
retention might be detrimental to the interest of the city government or pending
an investigation of disciplinary issues, an employee may be suspended
temporarily with pay 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.
(2 -4 -10 (E) WAS DELETED MAY 11, 1995 BY CITY COUNCIL AND
REPLACED WITH SECTION 2- 4-10.1 DRUG FREE WORKPLACE)
Section 14. Section 2 -4 -10.1 is hereby amended to read as follows
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.
(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
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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. Distribution of a copy
of the City's Personnel Ordinances reflecting this information serves as adequate
notification.
(e) The City of Tybee Island hereby establishes 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. Distribution of a copy of the City's Personnel Ordinances reflecting this
information serves as adequate notification.
(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)(Ord. 1997 -01; 01/09/97)
Section 15. Section 2- 4-10.2 is hereby amended to read as follows
2 -4 -10.2 Sexual Harassment
Goal
The City of Tybee Island has a goal of establishing a workplace free from sexual harassment. Every
employee of the City has a duty to protect and safeguard the rights and opportunities of every other
employee to seek, obtain, and hold employment without subjugation to sexual harassment of any kind in
the workplace. Ensuring a workplace environment free of sexual harassment is a goal that all employees
are to share and to work together toward achieving. All employees are responsible for the implementation
of and compliance with this goal.
Definition
Sexual harassment is defined as:
1. making unwelcome sexual advances, requests for sexual favors, and other verbal or physical
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conduct of a sexual nature when submission to, or rejection of such conduct is made, explicitly
or implicitly, and basis for any decision affecting employee status (e.g., pay, promotion,
assignment, termination, etc.); or
2. creating an intimidating, hostile or offensive work environment through:
a. verbal conduct - sexual innuendoes, suggestive comments, jokes of a sexual nature or sexual
propositions; or
b. non- verbal conduct - sexual suggestive objects or pictures, graphic commentaries, leering,
whistling, or obscene gestures; or
c. physical conduct - unwanted physical contact of any nature including touching, pinching or
brushing the body.
Such conduct is prohibited in the workplace.
The term harassment generally suggests a pattern of conduct; however, an isolated instance of conduct as
described above could constitute harassment depending on the circumstances of the particular incident.
Implementation
The City of Tybee Island requests and encourages any employee who believes that he /she has been
subjected to any such prohibited conduct described above by any other employee to report the incident(s)
to his/her immediate supervisor.
If the alleged conduct is that of the immediate supervisor, the employee is encouraged to report such
incident(s) directly to the Department Head.
If the alleged conduct is that of the Department Head the employee is encouraged to report such
incident(s) to the City Manager.
The immediate supervisor, Department Head, or City Manager, as applicable, shall conduct a prompt,
confidential investigation of all alleged incident(s) of prohibited conduct. Any employee who is found to
have either engaged in, or condoned prohibited conduct will be subject to disciplinary action, as
appropriate, up to and including termination.
Non - Retaliation
This goal also prohibits retaliation against employees who bring harassment charges or assist in
investigating charges. Any employee bringing a sexual harassment complaint or assisting in the
investigation of such a complaint will not be adversely affected in terms and conditions of employment,
nor discriminated against or discharged because of the complaint.
Appeals
Decisions made under this section may be appealed in the same manner as any other personnel decision,
pursuant to Section 2- 4- 11.(Ord. 1996- 21;10/10/96)
Section 16. Section 2 -4-11 is hereby amended to read as follows
2 -4-11 Appeals (Disciplinary)
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After any suspension without pay, demotion, or dismissal from city employment, the
affected employee shall have the right to appeal within five (5) days after the effective
date of the disciplinary action. The employee should notify the City Manager in writing
of his desire to have a hearing. The City Manager 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)(Ord. 2001 -05; 3/8/2001)
Section 17. Section 2 -4-12 is hereby amended to read as follows
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 the City Manager, 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 within thirty (30) calendar
days from the date the Grievant first becomes aware of his/her grievance.
If satisfaction is not achieved by the above procedure within ten (10) working days, the
grievance must then be presented by the Grievant to the City Manager. Grievance
problems carried to the City Manager must be submitted in writing.
The City Manager 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 Manager 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.(Ord.
2001 -05; 3/8/2001)
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)(Ord. 1998-01; 2/12/98)
Section 18. Section 2 -4-13 is hereby amended to read as follows
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) Permanent Appointments Full -time employees. Employees who have a permanent
appointment and work full time, in their first year of service earn one -half of a day per month
of annual leave, 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. (1998 -19; 10/8/98)
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(2) Service Requirement: Vacation leave is earned during any month in which the employee is
at work at least one -half the work days within that month.(Ord. 1998-14; 6/11/98)
(3)Vacation leave schedule.
(1) Vacation leave shall be scheduled by the Department Heads, and approved by the City
Manager, 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
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.
(4) Pay in lieu of vacation leave. Any employee eligible for vacation time may elect to be paid
for not more than 40 (forty) hours of accrued vacation leave once each year by notifying the
appropriate department head on the form provided for this purpose, provided the employee
has taken off a minimum 40 (forty) hours vacation prior to this request, during the same
calendar year, and provided that permission is approved by both the department head and the
City Manager. (Ord. 1998 -06; 2/26/1998)
(5) Employee Donation of Vacation leave. 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 , on an hourly basis as opposed to a cost basis.The
donee may only use the donated time for actually sick leave.(ORD. 1999/28;09/09/99)
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 Manager.1992 -19 9/10/92)
(6)The City recognizes the benefit of employees having time off for leisure and recreation.
Department Heads and/or the City Manager may therefore require employees to utilize a
maximum of forty hours vacation leave each calendar year as time off from work. (Ord.
1998- 06;2/26/98)(Ord. of 8- 12 -81, Sec. 13)
(7)Other Employees.
a. Employees who have a permanent appointment and work part-time, earn annual
leave on a prorated basis, as determined by the City Manager, computed on the basis of the
ratio of hours worked during the prior three (3) month period relative to the work defined for
full -time employment.
b. Employees who have a tethporary appointment and work full time, other than
seasonal employees, earn annual leave on the same basis as employees who have permanent
appointments.
c. Employees who have a temporary appointment and work part time; and seasonal
employees working either full time or part -time; and employees who have an emergency
appointment, do not earn annual leave.(1998 -19; 10/8/98)
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(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. Sick leave shall not be abused; it
is to be used as insurance for salary continuation in the event an employee becomes ill and is
unable to work.(Ord. 1998-14; 6/11/98)
( 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. Immediate family shall mean spouse,
parent, siblings, children, grandchildren, grandparents, or any other relative whom it can be
demonstrated is a member of the employee's /individual's household.(Ord. 1998-14; 6/11/98)
e. Appointments with physicians for self or dependents.
All full time employees, and career employees serving temporarily in substitute or acting
capacities, are eligible to accrue sick leave as described in (2) below. Temporary, seasonal,
and part -time 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 the forms
provided. The appropriate department head shall review the case and make
recommendations to the city manager 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.
a. Employees who have a permanent appointment and work full time, shall accrue sick leave at
the rate of one (1) day per month, or twelve (12) days per year, and may accumulate unused
sick leave indefmitely.(Ord.1998 -14; 6/11/98)(1998 -19; 10/8/98)
b. Accumulation begins as soon as employment begins, but sick leave may not be taken until
after three (3) months of continuous employment with the city.
c. Sick leave is accrued during any month in which the employee is at work at least one -half the
work days within that month. (Ord. 1998 -14; 6/11/98)
( 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
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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 abused. Abuse or misuse of sick leave is a cause for
disciplinary action since falsification of any information required by the City and/or
"absences without leave" are both causes for reprimand, suspension, and dismissal.
Department heads who feel an employee is abusing the sick leave privilege may also 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 accumulated sick leave.
( 7) Extended Sick Leave. In addition to sick leave accrued, additional sick leave may be
advanced up to a maximum of twelve (12) days with the approval of the City Manager.
Extended sick leave will be granted only due to extraordinary circumstances, such as for a
serious injury or disease, ( heart attack, cancer treatment, not for a cold, headache, or flu).
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. (Ord. 1998 -14; 6/11/9
( 8)Sick Leave Wellness Incentive. Employees who successfully undertake wellness programs
are eligible for monetary incentives. Qualified wellness programs include weight reduction
programs, stop smoking programs, preventive physical examinations, and similar wellness-
promotion activities. Eligible employees may apply for monetary incentives by providing the
City Manager receipts of expenditures made and proof of results achieved. Incentives
payments shall be at the rate of three hundred percent of the value of sick leave hours
surrendered by the employee to the city, at the discretion of the City Manager.
(9) Other Employees.
a. Employees who have a permanent appointment and work part-time, accrue sick leave on a
prorated basis, as determined by the City Manager, computed on the basis of the ratio of
hours worked during the prior three (3) month period relative to the work defined for full -
time employment.
b. Employees who have a temporary appointment and work full time, other than seasonal
employees, accrue sick leave on the same basis as employees who have permanent
appointments.
c. Employees who have a temporary appointment and work part time; and seasonal
employees working either full time or part time; and employees who have an emergency
appointment, do not accrue sick leave.(1998 -19; 10/8/98)
(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 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.
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(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 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 City
Manager. Non - career 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.
( 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.
(g) Holiday leave. The city observes paid holidays each year in accordance with the
following:.
(1) The following are observed as paid holidays:New Year's Day;Presidents Day;Mayor's
Employee Appreciation Day (March 17);Memorial Day;Independence Day;Labor
Day;Thanksgiving Day:Friday after Thanksgiving Day:Christmas Day;
(2) 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
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birthday date.
(3) 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.
(4) Uninterrupted continuation of service is required of some city departments.
Consequently, the work schedule of employees in those departments sometimes
necessitates work on authorized holidays. Holiday leave for these employees shall be
administered as follows: Employees who work on an authorized holiday shall be granted
a workday of leave with pay at a later date to be determined by the appropriate
department head.
(5) Employees who have a permanent appointment, and who work full time, are paid one
full day's pay for each observed holiday.
(6) Employees who have a permanent appointment and work part -time, are paid one day's
pay for reach observed holiday on a prorated basis, as determined by the City Manager,
computed on the basis of the ratio of hours worked during the prior
three (3) month period relative to the work defined for full -time employment.
(7) Employees who have a temporary appointment and work full time, other than seasonal
employees, receive holiday leave on the same basis as employees who have permanent
appointments Employees who have a temporary appointment and work part-time; and
seasonal employees working either full time or part time; and employees who have an
emergency appointment, do not receive holiday leave.(Ord. of 8- 12 -81, Sec. 13)(1998-
19; 10/8/98)
(h) Family and medical leave of absence without pay. The provisions of this
section are regulated by the Family and Medical Leave Act of 1993 (P.L. 103-
3) and pertinent Department of Labor regulations as they may be
promulgated. The City specifically reserves the right to add to, change or
abolish the provisions of this section, in whole or in part, based upon
pertinent action by any appropriate legislative, judicial or regulatory authority.
A. Eligibility and Reasons Granted. The provisions of this section apply only to those
employees who have been employed for at least twelve (12) months (such twelve (12)
months of employment does not have to be consecutive) and who have provided at
least one thousand two hundred (1,250) hours of service during the twelve (12) months
before any leave is requested. In determining the hours worked, paid leave, such as
vacation, sick or compensatory leave is not included.
The City Manager will grant up to a total of twelve (12) work weeks of Family and
Medical Leave Act (hereinafter FMLA) leave to any eligible employee during any twelve
(12) month period for one or more of the reasons listed below. The twelve (12) month
period for purposes of this section shall be measured forward from the date any
employee's first FMLA leave begins. However, employees are required to first use any
accrued vacation, sick, holiday or compensatory leave for all or any part of this twelve
(12) week period. When paid accruer leave is used by an employee in lieu of unpaid
FMLA leave, the city will only provide sufficient un[paid leave to total twelve (12) weeks
in the designated twelve (12) month period of time.
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1. Reasons.
a. Birth of child and to care for that child is requested within one year after birth of
the child. Employees are required to give at least (30) days notice for a request for this
reason and specify the amount of time requested. If, due to unforeseeable
circumstances, some adjustment must be made to the requested leave, employees are
required to provide the city with reasonable notice of such adjustment. Failure to
comply with this notice requirements may be grounds for postponement of the
requested leave.
b. Placement for adoption or foster care of a child if requested within one year after
placement of the child. Employees are required to give at least thirty (30) days notice
for a request for this reason and specify the amount of time requested. If due to
unforeseeable circumstances, notice is not able to be given within the thirty day time
period, employees are required to provide reasonable notice within two business days
of learning of the need for leave. Failure to comply with this notice requirement may be
grounds for postponement of the requested leave.
c. Serious personal health condition making the employee unable to perform the
essential functions of his job. Employees are required to give notice as soon as
practicable after the need for FMLA leave becomes known to the employee, and
specify the amount of time requested.
d. Care for a parent, spouse, or child with a serious health condition. A qualifying
child must be under eighteen (18) years of age or if older, incapable of self care
because of a mental or physical disability. Employees are required to give notice as
soon as practicable after the need for FMLA leave becomes known to the employee,
and specify the amount of time requested. For purposes of this policy, a parent
includes only a biological parent or an individual who stands or stood in loco parentis to
the employee when the employee was a child. Parent -in -law are not included. For
purposes of this policy, child includes biological children, adopted children, foster
children, step children, legal wards or a child of an employee standing in loco parentis
and the child is either under age eighteen (18) or older and incapable of self care
because of a mental or physical disability. For purposes of this policy; spouse means
husband or wife as defined or recognized under state law for purposes of marriage in
the state where the employee resides including common law marriages in states where
it is recognized. Domestic partners are not eligible for the provisions of this section.
Leave for care of any other relatives or for any other individuals who may be a part of
an employee's household is not authorized by this section.
2. For the purposes of this section, a serious health condition is an illness, injury,
impairment or physical or mental condition that involves one of the following:
a. Hospital Care. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of incapacity or subsequent
treatment in connection with, or as a consequence of, such inpatient care. Incapacity
for the purpose of FMLA is defined to mean inability to work, attend schools, or perform
other regular daily activities due to the serious health condition, treatment for it, or
recovery from it.
b. Absence Plus Treatment. A period of incapacity of more than three consecutive
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calendar days (including any subsequent treatment or period of incapacity relating to
the same condition) that also involves:
(1) Treatment two or more times by a health care provider, a nurse, or physician's
assistant under direct supervision of a health care provider or by a provider of health
care services (e.g., physical therapist) under orders of, or on referral by, a health care
provider; or
(2) Treatment by a health care provider on at least one occasion that results in a
regimen of continuing treatment under the supervision of the health care provider.
c. Due to Pregnancy, or for Prenatal Care. Any period of incapacity due to
pregnancy or for prenatal care.
d. Chronic Conditions Requiring Treatments. A chronic condition that:
(1) Requires periodic visits for treatment by a health care provider or a nurse or
physician's assistant under the direct supervision of a health care provider;
(2) Continues over an extended period of time (including recurring episodes of a single
underlying condition); and
(3) may cause episodic incapacity rather that a continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.)
e. Permanent/Long -Term Condition Requiring Supervision. A period of incapacity
that is permanent or long term due to a condition for which treatment may not be
effective. The employee or family member must be under the continuing supervision of
but need not be receiving active treatment from a health care provider. Examples
include Alzheimer's, a severe stroke, or the terminal stages of a disease.
f. Multiple Treatments (Non - choric Conditions). Any period of absence to receive
multiple treatments (including any period of recovery from them) by a health care
provider or a provider of health care services under orders of, or on referral by, a health
care provider, either for restorative surgery after an accident or other injury or for a
condition that would be likely to result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or treatment, such as
cancer, chemotherapy, radiation, etc., severe arthritis (physical therapy) or kidney
disease (dialysis).
Employees must give thirty (30) days notice for all requests for leaves of absences for
any planned medical treatment. If the employee fails to give thirty (30) days notice,
when requested, for foreseeable leave, with no reasonable excuse for the delay, the
city manager may deny the taking of FMLA leave until at least thirty (30) days after the
date the employee provides notice to the city manager of the need for FMLA leave.
All requests for FMLA leave for the serious medical condition of the employee, spouse,
parent or child must be substantiated by a health care provider's certification of the
existence of such medical condition. The initial certification must be provided within
fifteen (15) days after the city requests such certification. The city's request for
certification shall be written and addressed to the employee.
The employee is required to provide his department head on the beginning day of the
sixth and twelfth week of FMLA leave, a recertification by the health care provider of the
status of the employee's, spouse's, parent's or child's serious medical condition, and a
written statement by the employee as to his intention to return to work. If the
employee's FMLA leave is intermittent or a reduced schedule of work, the employee
shall provide the required recertification and written statement of intent at such time as
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the employee's accumulated FMLA leave totals six weeks and twelve(12) weeks.
Intermittent leave or a reduced schedule of work may be taken whenever medically
necessary to care for a seriously ill family member or because he employee is seriously
ill and unabl to work. Employees needing intermittent leave or leave on a reduced
schedule must attempt to schedule their leave so as to not disrupt the department's
operation. Intermittent leave or a reduced work schedule will not be approved for birth
of a child, placement for adoption or foster care of a child. The city reserves the right to
temporarily transfer an employee on intermittent leave or a reduced work schedule to
work an alternative position, with equivalent pay and benefits, that better
accommodates the recurring periods of leave than the employee's regular position.
3. If a husband and wife are employed by the city, they are limited to a combined
total of twelve work weeks of FMLA leave during any twelve (12) month period for the
following reasons only:
a. Birth of a child, and to care for the newborn child;
b. Placement of a child with the employee for adoption or foster care; or
c. The care of a parent with serious health condition.
The employee is required to keep the department of personnel (payroll section)
advised of his current address at all times.
B. Employee Benefits During Leave
1. Health Insurance. The city will provide and pay for the same group health care
coverage during the FMLA leave in the same manner as for active employees. The city
will notify the employee on FMLA to pay the employee portion of any health insurance
premium owned to the city during his absence. If the employee elects not to return to
work after the FMLA leave, the city will initiate proceedings to collect the city's portion of
the premium paid during the leave of absence. The city will not collect such premiums
if the employee fails to return to work after the FMLA leave due to a continuation,
recurrence or onset of the medical condition or other circumstances affecting the
employee or other family members which are clearly beyond the employee's control.
2. Life Insurance. The employee may elect to continue coverage of the city's (life
insurance benefit. The employee is responsible for timely payment of all premiums,
including city's portion during his absence. The employee is responsible for timely
payments all all premiums for any supplemental policies the employee wishes to
continue. Failure to pay the monthly premiums within thirty (30) days of the due date
will result in termination of the coverage.
3. Vacation and Sick Leave. No vacation or sick leave will be earned by an employee
on leave of absence without pay status.
4. Pension Plans. No contributions will be made to the employee's supplemental
pension fund while on leave without pay status. However, credit for service time for the
employee's regular pension plan will be credited to any employee while on leave
without pay status for family and medical leave purposes only.
5. Performance Evaluations, Performance Awards and Longevity Bonuses. Any leave
of absence without pay for four or more weeks will result in a corresponding adjustment
of evaluation date and if eligible, the effective date of award of any eligible performance
raise or bonus or longevity bonus will also be adjusted.
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C. Return to Work. An employee is expected to return to work no later than the first
work day of the week following the expiration of the FMLA leave for the above reasons.
Failure to do so for any reason will constitute abandonment of the city employment by
he employee.
Upon return to work from FMLA leave, an employee will be restored to his original job,
or to an equivalent job with equivalent pay, benefits, and other employment terms and
conditions.
If the employee's absence is due to personal illness, the employee may return to work
at any time providing a fitness for duty certification by his health care provider.
Employees who desire to return to work prior to the end of their leave must give the city
notice a soon as possible, but no later than two works days prior to their return.
If any employee who requests leave under this section is identified as a key employee
(a salaried employee who is compensated among the highest ten percent of all city
employees at the time of the request) when he requests such leave, then such
employee may be denied restoration to his employment with the city under the following
conditions:
1. The restoration of the employee to employment will cause substantial and
grievous economic injury to the operations of the city;
2. The city manager gives written notice to the employee of his status as a "key"
employee in response to the employee's notice of intent to take FMLA leave, and
informs the employee of the potential consequences with respect to reinstatements and
maintenance of health benefits if the city determines that substantial and grievous
economic injury to the city's operations will result if the employee is reinstated from
FMLA leave;
3 The city manager gives the employee written notice as soon as possible as a
decision is made to deny job restoration and explains the reasons for the decision;
4. The city manager offers the employee a reasonable opportunity to retum to work
from FMLA leave after giving notice; and
5. The city manager makes a final determination as to whether reinstatement will
be denied at the end of the FMLA leave period if the employee then request restoration.
D. Procedure
1. Employee's Responsibilities. The employee requesting family /medical leave should
complete a request form as provided by the personnel department. Such request form
should be submitted to the employee's department head and forwarded to the
personnel director and the city manager. The employee should meet with the
personnel director to explain the circumstances of the leave and for the personnel
director to explain the employee's right and obligations under this Act. The employee is
also responsible for providing all information required on the form, notice of absence
when required and for all certifications by any treating health care provider. An
employee must work cooperatively with supervisors and department heads to work out
a treatment schedule which best suits the needs of both the city and the employee.
2. Department Responsibilities. The department head and the city manager are
required to approve leave as outlined in this section for eligible employees. The city
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manager, department heads or supervisors are prohibited from discriminating against
employees who take family and medical leave in employment decisions such as
performance evaluations, promotions or disciplinary actions. Department heads are
required to maintain the departmental and /or division poster notifying employees of the
provisions of the FMLA. If an employee verbally notifies a supervisor or department
head of the need for leave which may be eligible under this policy, such supervisor
should require further of the employee of the need of have more information about
whether FMLA leave is being sought by the employee, and to obtain the necessary
details of the leave to be taken.
3. Personnel Director. The personnel director will serve as advisor to employees and
supervisors on the requirements of eligibility for family /medical leave and the provisions
of the FMLA. All records pertaining to family and medical leave will be maintained in
the employee's confidential medical file in the custody of the personnel director. The
personnel director will be responsible for notification of any premiums due from the
employee and the collection of same.
(Ord. 2002 -3; 2/14/2)
Section 19. Section 2 -4-14 is hereby amended to read as follows
2 -4-14 Overtime /compensatory time off; approval and designation.
It is the intent and policy of the City of Tybee Island to comply with the provisions of the Fair
Labor Standards Act, as it applies to local governments, in its overtime and compensatory time
provisions for city employees. In the event that the City's personnel policy should differ from the
FLSA, the FLSA controls. Occasionally eligible employees may be called upon to work
overtime, and such employees are to be paid at a rate of one and one half hours for each hour
worked, in excess of 40 hours per week or in excess of their established work period, as
applicable, or may receive compensatory time off. The following particulars apply.
(a) Only employees eligible for overtime pay are eligible for compensatory time off
in lieu of overtime pay.
(b) Employees not eligible for overtime pay are those employees defmed by the Fair
Labor Standards Act (FLSA) as 'Non- Covered Employees ". Included within the
defmition of non - covered employees are executive, administrative and
professional employees, and other salaried employees.
(c) Overtime Work must be approved and authorized by the City Manager, prior to
performance of the work, except in emergency conditions when overtime may be
approved by the appropriate Department Heads.
(d) The eligible employee working the approved overtime may elect to receive
compensatory time off in lieu of overtime pay, either compensation being earned
on the basis of one and one half hours for each hour of overtime worked in
excess of the maximum hours applicable to the type of employment in which the
employee is engaged.
(e) Eligible employees electing to receive compensatory time off in lieu of overtime
pay may accrue compensatory time up to the maximum amounts specified below,
and must be paid overtime for overtime hours worked when the maximum
accrued amounts have been earned and are unused. The maximum accrued
amounts are as follows:
(1) Eligible employees engaged in a public safety activity, an
emergency response activity, or seasonal activity, as defmed by
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FLSA, may accumulate up to 480 hours of compensatory time
for 320 hours of overtime worked.
(2) All other eligible employees may accumulate up to 240 hours of
compensatory time for 160 hours of actual overtime work.
(f) Non - covered employees, including executive, administrative and professional
employees, and salaried employees are not eligible for overtime compensation
nor compensatory time off. It is recognized that the positions of these employees
often require them to work beyond the regular scheduled hours of duty, and
some flexibility shall be granted them in adjusting their work schedules to meet
varying work loads. These employees are granted the privilege of adjusting their
work schedules to work lesser hours when their work loads permit. There shall
be no accumulation of administrative leave of any nature beyond these
employees' privilege of adjusting their work schedules and upon departure from
employment with the City, these employees will not be paid for any claimed
administrative /leave for supposed "overtime" work.(Ord. 1998-02; 02/12/98)
(g) If compensation is paid to an eligible employee for accrued compensatory time
off, the compensation will be paid at the regular rate earned by the employee by
the time the employee receives such payment. An eligible employee who has
accrued compensatory time off upon termination of employment will be paid for
the unused compensatory time at a rate of compensation not less than (1) The
average regular rate received by the employee during the last three 3- years of
the employee's employment, or (2) The fmal regular rate received by the
employee, whichever is higher.
The official time and attendance records maintained by the City's personnel
office will be the controlling records for any compensatory time purpose.
(h) The City may pay an employee in cash, in whole or in part, for accumulated
compensatory time, at any time.
Section 20. Section 2 -4 -15 is hereby amended to read as follows
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)
Section 21. Section 2 -4-16 is hereby amended to read as follows
2 -4-16 Political activity
No city employee shall actively seek city elective office(s) or actively advocate
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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 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)
Section 22. Section 2 -4-17 is hereby amended to read as follows
2-4 -17 Employee development.
(a) In- service training. The City 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 City Manager, an employee may receive payment for the cost of tuition and
books for any job - related course successfully completed with a passing grade and/or completion
certificate. 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 Manager may
also approve compensation based on regular city travel policies. (ORD. 1991-23)
Section 23. Section 2 -4-18 is hereby amended to read as follows
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.
1. Employees who have a permanent appointment and who work full time, are fully eligible
for insurance benefits.
2. Employees who have a permanent appointment and work part-time, are partially eligible
for insurance benefits /premium payments on a prorated basis, as determined by the City
Manager, computed on the basis of the ratio of hours worked during the prior three (3) month
period relative to the work defined for full -time employment, if they otherwise meet the
insurance plan criteria. In such cases, the employee shall pay that portion of the insurance
premiums not computed to be provided as an employee insurance benefit.
3. Employees who have a temporary appointment and work full time, other than seasonal
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employees, receive insurance benefits on the same basis as employees who have permanent
appointments, if they otherwise meet the insurance plan criteria.
4. Employes who have a temporary appointment and work part time; and seasonal employees
working either full time or part time; and employees who have an emergency appointment,
do not receive insurance benefits.(1998 -20; 10/8/98)
5. Employees of the City who are currently eligible for insurance benefits under the
City's group medical coverage and who elect to accept early retirement program
effective May 1, 2003, shall be entitled to:
(1) Continuing HMO healthcare benefits or PPO healthcare benefits for the retiree
employee only at a cost not to exceed $348.00 (Three hundred forty eight
dollars)Retiree can purchase dependent health coverage at their own expense. The
coverage will be in lieu of COBRA benefits.
(2) The City reserves the right to terminate, discontinue, modify, decrease or
otherwise limit the health benefit provisions included as part of the early retirement
incentive program at anytime in the future. The benefits stated herein are not
available to any employee ineligible for the early retirement program effective May 1,
2003, or to employees eligible for the program but who elect not to participate. Nor
are the benefits stated herein available to other future retirees. (ORD> 2003 -10;
4/24/2003)
All provisions are continent upon an acceptable agreement with GMEBS.
(c) Uniforms and equipment. Uniforms for police and fire department employees and such
other employees as the City Manager 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 City Manager.Ord. of 8- 12 -81, Sec.18)
Section 24. Section 2 -4-19 is hereby amended to read as follows
2 -4 -19 Travel, Travel Expense and Other Reimbursements
(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 City
Manager.
If city employees use personal vehicles for out of area city related travel or in the performance of
employment within the city, such 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.
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)
(c)
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Section 25. Section 2 -4-20 is hereby amended to read as follows
2 -4-20 Acceptance of Gifts and Gratitudes
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)
Section 26. Section 2 -4-21 is hereby amended to read as follows
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, who are certified police officers, whose jobs
include the use of a City vehicle are authorized to drive a City vehicle to their home if it is within 20
miles of the City limits. Permission for any other employee to drive a City owned vehicle home will
be at the discretion of the City Manager. .(ORD. 1996 -05; 4/11/96)(Ord. 2000 -25; 9/14/2000)
Section 27. Section 2 -4-22 is hereby amended to read as follows
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)
Section 28. Section 2 -4 -23 is hereby amended to read as follows
2 -4-23 Penalties
Any person who willfully violates any provision of
this law or of the personnel policies established
thereunder may, upon action of the proper authority as
outlined in the personnel policies, have one of the
following judgments rendered:
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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)
Section 29. Section 2 -4 -24 is hereby amended to read as follows
2 -4-24 GMA Employee Benefit Program
Be it resolved by the Georgia Municipal Association:
Section 1. Pursuant to Section 47 -5-40 of the Official Code of Georgia Annotated, the City of
Tybee Island hereby subscribes to a plan of employee benefits consisting of group health, dental, and life
and accidental death insurance offered through the georgia M8Municipal Employees Benefit System.
Said benefits shall be provided to eligible employees and dependents as denied by the insurance carrier
under Policy Numbers 1016955, 1002814, and 1005551 (health) issued by Blue Cross Blue Shield of
Georgia (or successor), and Policy Number 80338 (Life & AD &D) issued by Greater, Georgia Life
Insurance Company (or successor) to the Georgia Municipal Employees Benefit System. The Georgia
Municipal Association agrees to include only qualified active employees of the City of Tybee Island, on
the original census of participants and on participant enrollment forms provided to GMEBS. The
Georgia Municipal Association subscribes to the PPO 90/80, PPO 80/60 and the HMO Plans.
Section 2. The Georgia Municipal Association agrees to remit to GMEBS the monthly
contributions necessary to keep in force the coverage provided. Such contributions shall be due and
payable on the first day of each month and late fees or charges, as established by the GMEBS Board of
trustees, shall be collected on any contributions not received by the fifteenth day of each month. The
Georgia Municipal Association agrees to provide 30 days advance written notice to GMEBS of its intent
not to continue participation in the employee benefit program.
Section3. The plan year for the provision of employee benefits offered by the Georgia Municipal
Association to its employees shall begin on the first day of March, 2003 with th next renewal plan year
beginning on the first day of March, 2004. The renewal date in succeeding years to be established by
GMEBS in accordance with its operating rules and regulations.
Section 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed.
APPROVED by the Executive Director of the Georgia Municipal Association he 23rd day of January,
2003. (ORD 2003 -14; 5/30/03)
Section 30. Section 2 -4 -31 is hereby amended to read as follows
2-4-31 Declaration of Purpose
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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)
Section 31. Section 2 -4-32 is hereby amended to read as follows
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 positions covered by a public retirement system, in
the manner by that law provided. (Code 1970, Sec. 14-6)
Section 32. Section 2-4-33 is hereby amended to read as follows
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)
Section 33. Section 2 -4-34 is hereby amended to read as follows
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)
Section 34. Section 2 -4 -35 is hereby amended to read as follows
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)
Section 35. Section 2 -4 -36 is hereby amended to read as follows
2 -4-36 Excluded Employees
There is hereby excluded from sections 2 -4 -31 through 2-4 -35 any authority to make any
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agreement with respect to any position, or any employee or official not authorized to be covered
by applicable state or federal laws or regulations.
Section 36. Section 2 -4-37 is hereby amended to read as follows
2 -4 -37 2-4-37 through 2 -4-50. Reserved
Section 37. Section 2 -4-51 is hereby amended to read as follows
2 -4 -51 Retirement Plan
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 defmition
of Credited Past Service; to change and clarify the defmition of Credited future Service; to change and
clarify the defmition Earnings; to clarify the defmition of Annual Earnings; to clarify the definition of
Vesting, Vested Right, Vested Benefit, to clarify the definition of Disability; to change and clarify the
defmition 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 "GMEBS" 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.
c. of an Eligible Employee whose initial employment date is subsequent to the effective Date of the
Plan, however, (Ord. 1996-21;10/10/96)
This is an Addendum to the Retirement Plan for the City of Tybee Island, as amended,
Page 36 of 40
1
1
1
2-4 -6
which was originally adopted via Ordinance and became effective on May 1, 1987. It
modifies the Plan in the following ways:
1. Addition of a new Department or a new class of Eligible Employees: N/A
2. Discontinuance of participation in the Plan by one or more Departments or classes of
Employees: N/A
3. Special eligibility service requirement for Regular Employees: N/A
4. Credited Past Service under the Plan for newly eligible classes of employees: N/A
5. One -time or as -hoc cost of living adjustment: N/A
6. Alternative early retirement actuarial reduction table for one or more classes of
Eligible Employees: N/A
7. Other
(a) One Time Early Retirement Incentive
An enhanced early retirement benefit shall be made available to eligible Participants on
a one -time basis, in accordance with and subject to the following requirements:
(1) Eligibility for Enhanced Early Retirement Benefit. A Participant who is an Full -Tine
Employee will be considered eligible to elect the enhanced early retirement benefit
offered under this Section 7 (a) if his combined age and years of Total Credited Service
equals at least seventy -five (75) as of May 1, 2003. Elected or appointed members of
the Governing Authority are not eligible for enhanced early retirement benefit.
(2) Description of Enhanced Early retirement Benefit. The enhanced early retirement
benefit payable to Participants who elect to retire in accordance with Section 7 (a) shall
be computed as provided under Article V, Section 1 of the Plan without actuarial
reduction for the Participant's age and it shall be based upon the Participant's Total
Credited Service, his Final Average Earnings, and the benefit formula in effect under
the City's Plan as of the date of the Participant's termination of employment.
(3) Window Period for Election. Any Participant who satisfies the eligibility requirements
of subsection (1) above may elect to retire and receive the enhanced early retirement
benefit described in subsection (2) above. In order to effect such election, the
Participant must properly complete and sign an election form designated by the City for
such purpose, and the participant must submit said form to the Pension Committee
Secretary between 9 a.m., Monday, May 5, 2003 and 4:30 p.m. Friday, June 20, 2003.
(4) 7 Day Revocation Period. Any Participant electing to retire early pursuant to this
Section 7(a) may revoke said election by providing written notice of said revocation to
the Pension Committee Secretary within seven (7) days after he submits the election
form (the revocation period). The election to retire and receive an enhanced early
retirement benefit pursuant to this Section 7(a) shall become irrevocable upon the
expiration of said revocation period.
(5) Termination of Employment; Effective Retirement Date. Participants who irrevocably
Page 37 of 40
1
1
1
2 -4 -6
elect to retire and receive enhanced early retirement benefits pursuant to this Section
7(a) shall be required to terminate employment on June 30, 2003. The effective
Retirement date for Participants irrevocably electing to receive enhanced early
retirement benefits in accordance with this Section 7(a) shall be July 1, 2003. Provided
the requirements of this Section7(a) are met, benefits for an eligible Participant electing
to retire in accordance with this subsection shall commence as of July 31, 2003 and
shall be paid on the last day of each succeeding month thereafter for as long as the
Participant is eligible to receive such benefits.
(6) Voluntary Election. The election to retire and receive enhanced early retirement
benefits pursuant to this subsection 7(a) shall be completely voluntary.
8. The rights and obligations under the Retirement Plan with respect to persons whose
employment or term of office with the City is terminated for any reason whatsoever prior
to the effective date of this Addendum are fixed and shall be governed by the
Retirement Plan as it existed a was in effect at the time of such termination.
9. The effective date of this Addendum shall be May 1, 2003.
10. This Addendum shall be repealed as of September 1, 2003. However, such appeal
shall in no way invalidate any payment made pursuant to this Addendum.
The terms of the foregoing Addendum to the Retirement Plan are approved by the
Mayor and Council of the City of Tybee Island, Georgia this 10th day of April, 2003.
(ORD. 2003 -07; 4/10/03)
11. Second Early Retirement Incentive
(a) An enhanced early retirement benefit shall be made available to eligible
participants in accordance with and subject to the following requirements:
(1) Eligibility for Enhanced Early Retirement Benefit. A Participant
who is a Full -Time Employee will be considered eligible to elect the enhanced early
retirement benefit offered under this section 11 (a) if his combined age and years of
Total Credited Service equals at least seventy -five (75) as of August 1, 2004. Elected
or appointed members of the Governing Authority are not eligible for enhanced early
retirement benefits.
(2) Description of Enhanced Early Retirement Benefit. The enhanced
early retirement benefit payable to Participants who elect to retire in accordance with
section 11 (a) shall be computed as provided under Article V, Section 1 of the Plan
without actuarial reduction for the participant's age and it shall be based upon the
Participant's Total Credited Service, his Final Average Eamings, and the benefit
formula in effect under the City's Plan as of the date of the Participant's termination of
employment.
(3) Window Period for Election. Any Participant who satisfies the
eligibility requirements of subsection (1) above may elect to retire and receive the
enhanced early retirement benefit described in subsection (2) above. In order to effect
such election, the Participant must property complete and sign an election form
Page 38 of 40
1
1
1
2-4 -6
designated by the City for such purpose, and the participant must submit said form to
the Pension Committee Secretary between 9:00 AM Monday, May 17, 2004 and 4:000
PM Tuesday, August 10, 2004.
(4) 7 Day Revocation Period. Any Participant electing to retire early
pursuant to this section 11 (a) may revoke said election by providing written notice of
said revocation to the Pension Committee Secretary within seven (7) days after he or
she submits the election form (the revocation period). The election to retire and receive
an enhanced early retirement benefit pursuant to this Section 11 (a) shall become
irrevocable upon the expiration of said revocation period.
(5) Termination of Employment - Effective Retirement Date.
Participants who irrevocably elect to retire and receive enhanced early retirement
benefits pursuant to this Section 11 (a) shall be required to terminate employment on
August 31, 2004. The effective retirement date for Participants irrevocably electing to
receive enhanced early retirement benefits in accordance with this Section 11 (a) shall
be September 1, 2004. Provided the requirements of this Section 11 (a) are met,
benefits for an eligible Participant electing to retire in accordance with this subsection
shall commence as of August 31, 2004 and shall be paid on the last day of each
succeeding month thereafter for as long as the Participant is eligible to receive such
benefits.
(6) Voluntary Election. The election to retire and receive enhanced
early retirement benefits pursuant to this subsection) 1 (a) shall be completely
voluntary.
12. The rights and obligations under the Retirement Plan with respect to persons
whose employment or term of office with the City is terminated for any reason
whatsoever prior to the effective date of this Addendum are fixed and shall be governed
by the Retirement Plan as it existed and was in effect at the time of such termination.
13. The effective date of this Addendum shall be July 1, 2004.
14. This Addendum shall be repealed as of October 1, 2004. However, such repeal
shall in no way invalidate any payment made pursuant to this Addendum.
The terms of the foregoing Addendum to the Retirement Plan are approved by the
Mayor and Council of the City of Tybee Island, Georgia this 14th Day of October, 2004.
(Ord. 2004 -20; 10/14/2004)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted thi day of
Mayor Walter W. Par er
Page 39 of 40
1
1
City Clerk
1st Reading:
2nd Reading:
Enacted:
2-4 -6
0
, 9.) g
de.)-ey_ Ave33,.
Page 40 of 40
1
1
2005 -24 corrected
ORDINANCE NO. a -: 441 .. C
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 18, be
amended to read as follows:
Section 1. Section 2 -4 -18 is hereby amended to read as follows
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.
1. Employees who have a permanent appointment and who work full time, are fully eligible
for insurance benefits.
2. Employees who have a permanent appointment and work part-time, are partially eligible
for insurance benefits /premium payments on a prorated basis, as determined by the City
Manager, computed on the basis of the ratio of hours worked during the prior three (3) month
period relative to the work defined for full -time employment, if they otherwise meet the
insurance plan criteria. In such cases, the employee shall pay that portion of the insurance
premiums not computed to be provided as an employee insurance benefit.
3. Employees who have a temporary appointment and work full time, other than seasonal
employees; receive insurance benefits on the same basis as employees who have permanent
appointments, if they otherwise meet the insurance plan criteria.
4. Employes who have a temporary appointment and work part time; and seasonal employees
working either full time or part time; and employees who have an emergency appointment,
do not receive insurance benefits.(1998 -20; 10/8/98)
5. Employees of the City who are currently eligible for insurance benefits under the
City's group medical coverage and who elect to accept early retirement program
effective May 1, 2003, shall be entitled to:
5A. E Employees of the City who are currently elegible for insurance benefits under the City's
group medical coverage and who elect to accept the early retirement program effective
September 1, 2004, shall be entitled to:
(1) Continuing healthcare benefits for the retiree employee only at a cost not to
exceed $343.36 (Three hundred forty three dollars and thirty . six cents.)
Retiree can purchase dependent health coverage at their own expense. The
coverage will be in lieu of COBRA benefits.
(2) The City reserves the right to terminate, discontinue, modify, decrease or
otherwise limit the health benefit provisions included as part of the early retirement
incentive program at anytime in the future. The benefits stated herein are not
available to any employee ineligible for the early retirement program effective May 1,
2003, or September 1, 2004 or to employees eligible for the program but who elect
not to participate. Nor are the benefits stated herein available to other future retirees.
(ORD> 2003 -10; 4/24/2003)(2005- 06 -09)
All provisions are continent upon an acceptable agreement with GMEBS.
Page 1 of 2
1
1
2005 -24 corrected
(c) Uniforms and equipment. Uniforms for police and fire department employees and such
other employees as the City Manager 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 City Manager.Ord. of 8- 12 -81, Sec.18)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted t i day of , 2004
ayor Walter W. ' arker
City Clerk
1st Reading: June 11, 2005
2nd Reading: July 14, 2005
Enacted:
Page 2 of 2
1
1
2 -4 -24
ORDINANCE NO. DD i ,
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 24, be
amended to read as follows:
Section 1. Section 2 -4-24 is hereby amended to read as follows
2 -4-24 GMA Employee Benefit Program
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted this day of , 2004
cs
Mayor Walter W. Parker
City Clerk
1st Reading:
2nd Reading:
Enacted:
Page 1 of 1
1
2-4 -51
ORDINANCE NO.,, L7I $- ,=„2,
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_, Chapter _, Section _, be _ to
read as follows:
Section 1. Section 2 -4-51 is hereby amended to read as follows
2 -4 -51 Retirement Plan
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 defmition 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
defmition 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 "GMEBS" 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.
c. of an Eligible Employee whose initial employment date is subsequent to the effective Date of the
Plan, however, (Ord. 1996-21;10/10/96)
This is an Addendum to the Retirement Plan for the City of Tybee Island, as amended,
which was originally adopted via Ordinance and became effective on May 1, 1987. It
Page 1 of 5
1
2-4 -51
modifies the Plan in the following ways:
1. Addition of a new Department or a new class of Eligible Employees: N/A
2. Discontinuance of participation in the Plan by one or more Departments or classes of
Employees: N/A
3. Special eligibility service requirement for Regular Employees: N/A
4. Credited Past Service under the Plan for newly eligible classes of employees: N/A
5. One -time or as -hoc cost of living adjustment: N/A
6. Alternative early retirement actuarial reduction table for one or more classes of
Eligible Employees: N/A
7. Other
(a) One Time Early Retirement Incentive
An enhanced early retirement benefit shall be made available to eligible Participants on
a one -time basis, in accordance with and subject to the following requirements:
(1) Eligibility for Enhanced Early Retirement Benefit. A Participant who is an Full -Tine
Employee will be considered eligible to elect the enhanced early retirement benefit
offered under this Section 7 (a) if his combined age and years of Total Credited Service
equals at least seventy -five (75) as of May 1, 2003. Elected or appointed members of
the Governing Authority are not eligible for enhanced early retirement benefit.
(2) Description of Enhanced Early retirement Benefit. The enhanced early retirement
benefit payable to Participants who elect to retire in accordance with Section 7 (a) shall
be computed as provided under Article V, Section 1 of the Plan without actuarial
reduction for the Participant's age and it shall be based upon the Participant's Total
Credited Service, his Final Average Earnings, and the benefit formula in effect under
the City's Plan as of the date of the Participant's termination of employment.
(3) Window Period for Election. Any Participant who satisfies the eligibility requirements
of subsection (1) above may elect to retire and receive the enhanced early retirement
benefit described in subsection (2) above. In order to effect such election, the
Participant must properly complete and sign an election form designated by the City for
such purpose, and the participant must submit said form to the Pension Committee
Secretary between 9 a.m., Monday, May 5, 2003 and 4:30 p.m. Friday, June 20, 2003.
(4) 7 Day Revocation Period. Any Participant electing to retire early pursuant to this
Section 7(a) may revoke said election by providing written notice of said revocation to
the Pension Committee Secretary within seven (7) days after he submits the election
form (the revocation period). The election to retire and receive an enhanced early
retirement benefit pursuant to this Section 7(a) shall become irrevocable upon the
expiration of said revocation period.
(5) Termination of Employment; Effective Retirement Date. Participants who irrevocably
elect to retire and receive enhanced early retirement benefits pursuant to this Section
Page 2 of 5
1
1
1
2-4 -51
7(a) shall be required to terminate employment on June 30, 2003. The effective
Retirement date for Participants irrevocably electing to receive enhanced early
retirement benefits in accordance with this Section 7(a) shall be July 1, 2003. Provided
the requirements of this Section7(a) are met, benefits for an eligible Participant electing
to retire in accordance with this subsection shall commence as of July 31, 2003 and
shall be paid on the last day of each succeeding month thereafter for as long as the
Participant is eligible to receive such benefits.
(6) Voluntary Election. The election to retire and receive enhanced early retirement
benefits pursuant to this subsection 7(a) shall be completely voluntary.
8. The rights and obligations under the Retirement Plan with respect to persons whose
employment or term of office with the City is terminated for any reason whatsoever prior
to the effective date of this Addendum are fixed and shall be governed by the
Retirement Plan as it existed a was in effect at the time of such termination.
9. The effective date of this Addendum shall be May 1, 2003.
10. This Addendum shall be repealed as of September 1, 2003. However, such appeal
shall in no way invalidate any payment made pursuant to this Addendum.
The terms of the foregoing Addendum to the Retirement Plan are approved by the
Mayor and Council of the City of Tybee Island, Georgia this 10th day of April, 2003.
(ORD. 2003 -07; 4/10/03)
11. Second Early Retirement Incentive
(a) An enhanced early retirement benefit shall be made available to eligible
participants in accordance with and subject to the following requirements:
(1) Eligibility for Enhanced Early Retirement Benefit. A Participant
who is a Full -Time Employee will be considered eligible to elect the enhanced early
retirement benefit offered under this section 11 (a) if his combined age and years of
Total Credited Service equals at least seventy -five (75) as of August 1, 2004. Elected
or appointed members of the Governing Authority are not eligible for enhanced early
retirement benefits.
(2) Description of Enhanced Early Retirement Benefit. The enhanced
early retirement benefit payable to Participants who elect to retire in accordance with
section 11 (a) shall be computed as provided under Article V, Section 1 of the Plan
without actuarial reduction for the participant's age and it shall be based upon the
Participant's Total Credited Service, his Final Average Earnings, and the benefit
formula in effect under the City's Plan as of the date of the Participant's termination of
employment.
(3) Window Period for Election. Any Participant who satisfies the
eligibility requirements of subsection (1) above may elect to retire and receive the
enhanced early retirement benefit described in subsection (2) above. In order to effect
such election, the Participant must property complete and sign an election form
designated by the City for such purpose, and the participant must submit said form to
Page 3 of 5
2 -4 -51
the Pension Committee Secretary between 9:00 AM Monday, May 17, 2004 and 4:00o
PM Tuesday, August 10, 2004.
(4) 7 Day Revocation Period. Any Participant electing to retire early
pursuant to this section 11 (a) may revoke said election by providing written notice of
said revocation to the Pension Committee Secretary within seven (7) days after he or
she submits the election form (the revocation period). The election to retire and receive
an enhanced early retirement benefit pursuant to this Section 11 (a) shall become
irrevocable upon the expiration of said revocation period.
(5) Termination of Employment - Effective Retirement Date.
Participants who irrevocably elect to retire and receive enhanced early retirement
benefits pursuant to this Section 11 (a) shall be required to terminate employment on
August 31, 2004. The effective retirement date for Participants irrevocably electing to
receive enhanced early retirement benefits in accordance with this Section 11 (a) shall
be September 1, 2004. Provided the requirements of this Section 11 (a) are met,
benefits for an eligible Participant electing to retire in accordance with this subsection
shall commence as of August 31, 2004 and shall be paid on the last day of each
succeeding month thereafter for as long as the Participant is eligible to receive such
benefits.
(6) Voluntary Election. The election to retire and receive enhanced
early retirement benefits pursuant to this subsectionl1 (a) shall be completely
voluntary.
12. The rights and obligations under the Retirement Plan with respect to persons
whose employment or term of office with the City is terminated for any reason
whatsoever prior to the effective date of this Addendum are fixed and shall be governed
by the Retirement Plan as it existed and was in effect at the time of such termination.
13. The effective date of this Addendum shall be July 1, 2004.
14. This Addendum shall be repealed as of October 1, 2004. However, such repeal
shall in no way invalidate any payment made pursuant to this Addendum.
The terms of the foregoing Addendum to the Retirement Plan are approved by the
Mayor and Council of the City of Tybee Island, Georgia this 14th Day of October, 2004.
(Ord. 2004 -20; 10/14/2004)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted this day of ,,iO04
ayor Walter W. Parker
Page 4 of 5
1
1
1
City Clerk
1st Reading:
2nd Reading:
Enacted:
2-4 -51
Lam-- 67, Alp 05
127 170.5'
Page 5 of 5