[Revised through 1985]
This article governs the compensation and leave
of employees of the City of New Rochelle who are not represented by
a union. Appendix A of this article lists the titles of nonrepresented
employees.[1]
[1]
Editor's Note: Appendix A is on file in the
office of the City Clerk.
A.
The provisions of this article shall be applied equally
to all employees covered by this article without discrimination as
to age, sex, marital status, race, color, creed, disability, national
origin or political affiliation.
B.
All references to employees in this article designate
both sexes, and wherever the male gender is used it shall be construed
to include both male and female employees.
The official City working hours for full-time
nonrepresented employees are Monday through Friday, 8:30 a.m. to 4:30
p.m. One hour is allowed to each employee in each working day for
a lunch period to be taken in accordance with the regulations of the
department in which such employee is employed. Lunch periods shall
be established in all departments so that City offices are open to
the public at all times during the official City working hours. Normal
work hours for December 24 and December 31 shall be 8:30 a.m. through
11:30 a.m. and on Good Friday from 8:30 a.m. to 11:15 a.m.
B.
New appointees. The City Manager may authorize the
recruitment and appointment of a new employee at or above the minimum
of the salary scale of the position dependent on the relevant qualifications
of the appointee and market factors.
C.
Performance evaluation and salary adjustments. The
City Manager shall promulgate rules for the evaluation of staff performance,
the administration of the pay plan, the effective date of salary adjustments
and such other related areas as necessary. Advancement from minimum
toward maximum is based on the performance of each employee, which
shall be reviewed by the department head and City Manager or, in the
case of a department head, by the City Manager for the purpose of
determining which employees shall be recommended for advancement toward
the maximum of their grades.
D.
Promotion. When an employee is promoted to a position
in a higher pay grade, his salary shall be increased in the discretion
of the City Manager to an amount no higher than the maximum salary
for such higher grade.
[Amended 5-20-1997 by Ord. No. 105-1997; 11-16-2010 by Ord. No. 191-2010]
E.
Reallocation to a higher grade. When a position class
is reallocated to a higher pay grade, all incumbents of positions
in that class shall have their salaries increased by 4% of the minimum
salary for the higher grade or to the minimum salary for the higher
grade, whichever is higher.
[Amended 5-20-1997 by Ord. No. 105-1997]
F.
Reassignment. There shall be no change in the salary
rate of an employee reassigned to a new position unless his salary
is below the approved minimum of the new position. If an employee
is reassigned to a position allocated to a higher salary grade than
the class from which he was reassigned, such change shall be deemed
a promotion. If an employee is reassigned to a position in a class,
the salary range of which has a maximum that is lower than the minimum
of the class from which the employee was reassigned, such change shall
be deemed a demotion.
G.
Demotion. When an employee is demoted to a lower position,
the employee shall be permitted to continue at his present rate of
pay during the period of incumbency, except in event of general service-wide
reductions, but shall not be entitled to any further salary increases
which continuing in employment in the lower class of position unless
future increases in salary for the lower class are in excess of the
salary of the demoted or reassigned employee.
H.
Reinstatement. A reinstated employee shall be paid
a salary within the approved salary scale for the position to which
he is reinstated which is equivalent to the salary he received at
the time he vacated his position.
I.
Part-time employment. All rates prescribed in the
scales of pay are standard rates of pay authorized for full-time employment.
When employment is on a part-time basis, only the proportionate part
of the rate for the time actually employed shall be paid.
A.
The City provides the following retirement plans to
nonrepresented employees who are members of the New York State Retirement
System.
(1)
Tier I for employees who joined the retirement system
prior to July 1, 1973: Section 75-g.
(2)
Tier II for employees who joined the retirement system
between July 1, 1973 and June 30, 1976: Section 75-g.
(3)
Tier III for employees who joined the retirement system
between July 1, 1976 and August 31, 1983 : Article 14/Article 15.
(4)
Tier IV for employees who joined the retirement system
on or after September 1, 1983: Article 15.
[Amended 3-20-1990 by Ord. No. 64-1990; 12-16-1997 by Ord. No. 284-1997; 7-21-2009 by Ord. No.
137-2009; 9-21-2010 by Ord. No. 151-2010; 10-16-2012 by Ord. No.
160-2012; 11-9-2016 by Ord. No. 225-2016; 9-19-2017 by Ord. No. 186-2017; 11-20-2018 by Ord. No. 2018-228]
B.
The City
has the right to switch from the State Empire Plan to another plan
which provides comparable coverage.
C.
The City's
contribution toward health insurance for nonrepresented employees
shall be determined by the City Manager pursuant to an administrative
regulation, which shall be consistent with negotiated benefits provided
to represented employees.
D.
In no event
will the City pay a sum in excess of the health insurance plan premium.
[Added 11-20-2018 by Ord.
No. 2018-228]
The dental allowance per nonrepresented employee shall be determined
by the City Manager pursuant to an administrative regulation, which
shall be consistent with negotiated benefits provided to represented
employees.
[1]
Editor’s Note: Former § 52-18, Dental allowance,
as amended, was repealed 9-19-2017 by Ord. No. 186-2017.
Nonrepresented employees who are required to
use their personal automobile for City business will be reimbursed
at the rate of $0.25 per mile.
A.
Vacation entitlement. Full-time nonrepresented employees
are entitled to an annual vacation leave as hereinafter set forth.
Annual vacation leave entitlement for part-time employees shall be
computed at a pro rata share of the entitlement of full-time employees
in accordance with the actual work schedule of such part-time employees.
Employees on a per diem, temporary or seasonal basis shall not be
entitled to any vacation leave allowance.
B.
Annual vacation leave allowance.
(1)
The annual vacation leave allowance for nonrepresented
employees is as follows, provided that at the time of hire, the City
Manager may give credit for previous experience in setting the vacation
accrual rate.
[Amended 12-16-1997 by Ord. No. 284-1997; 1-21-2020 by Ord. No.
2020-6]
|
Leave-Earning Category
|
Annual Vacation Leave Allowance
(working days)
|
Monthly Accrual
(days)
| |
|---|---|---|---|
|
In the first year to the fifth year (prorated for the first
year depending on start date); although employees accrue from the
first day, vacation should not be used for the first 6 months
|
10
|
5/6
| |
|
Employees who have completed 5 full years of
service
|
15
|
1 1/4
| |
|
Employees who have completed 12 full years of
service
|
20
|
1 2/3
|
(2)
An employee shall be entitled to annual vacation leave
at such time as shall be convenient to the department head. For the
purpose of having vacation schedules conform to departmental convenience,
vacation may be granted, in any year, in advance of its being fully
earned.
(3)
For the earning of annual leave credits, the time
recorded on the payroll at the full rate of pay shall be considered
as time in service by an employee. Properly approved absences with
pay shall not affect an employee's entitlement to accrue annual vacation
leave credits.
(4)
Up to one year's unused vacation allowance may be
carried forward from one year to the following year upon the recommendation
of the employee's department head and the approval of the City Manager
based upon a request in writing submitted by the employee not later
than October 1 of the calendar year for which such leave accrued.
C.
Vacation upon separation from service.
(1)
In any calendar year in which a nonrepresented employee
resigns or retires, he shall be entitled to take or to be paid for
such pro rata share of annual vacation leave for that same year as
he earns up to the date of resignation or retirement. However, any
employee who was originally appointed to the City's service prior
to January 1, 1962, shall be entitled to his full annual vacation
leave for the year of his retirement regardless of the date of his
retirement.
(2)
Upon resignation or retirement a nonrepresented employee
may receive the monetary value of accumulated and unused vacation
time and in case of death in service the beneficiaries of such deceased
employees may receive the same.
(3)
The maximum payment for accumulated vacation at the
time of resignation or retirement shall not exceed the total accumulated
in the year of resignation or retirement and the one year preceding
separation from service.
D.
Special severance vacation leave.
(1)
In the final year during which retirement of an employee
is scheduled, upon the recommendation of the department head and the
approval of the City Manager, special vacation leave with pay may
be granted in accordance with the following schedule:
(2)
In computing the actual leave allowance under this
section, service in excess of the minimum period up to the maximum
period shall be prorated.
(3)
Vacation leave balances accrued to the credit of an
employee at the end of the vacation year for which carryover authorization
has not been granted shall be credited to sick leave.
A.
Sick leave allowance shall be 12 days a year computed
at the rate of one day per month for each month of work performed
by the employee diminished by any sick leave taken by any employee.
The rate of sick leave allowance accrual for part-time employees shall
be prorated in accordance with the actual work schedule of such part-time
employees. Employees hired on a per diem, temporary or seasonal basis
shall not be entitled to any sick leave allowance. The minimum charge
against sick leave shall be 1/2 working day. Any regular sick
leave allowance accrued at the end of any calendar year shall be carried
over to the next year, but not in excess of 200 days.
B.
Sick leave control and certification.
(1)
The granting of sick leave with pay shall lie within
the discretion of the employee's department head or, in case of a
department head, in the discretion of the City Manager.
(2)
Accumulated or unused sick leave shall not form the
basis for granting extra pay or for extension of vacation periods.
Such sick leave may be consumed only by absences from work caused
by sickness or disability.
(3)
Upon becoming ill or disabled, the employee or some
person acting in his behalf shall give prompt notice at the beginning
of the first day of absence to the employee's department head or,
in the case of a department head, to the City Manager.
(4)
Where employees are absent from work only infrequently
and there is no record of unusual or recurring use of sick leave privilege,
the department head may allow absences up to two consecutive working
days without a doctor's certificate. An absence of three or more consecutive
working days must be substantiated by a certificate either from the
City physician or the employee's private physician attesting to the
fact that the absence was necessitated by a legitimate sickness or
disability. An absence commencing on the last working day of a week
and continuing through the first working day of the following week
shall require a certificate as described above. Notwithstanding the
foregoing, a department head who from the record feels that an employee
is making improper, excessive or recurrent use of accrued sick time
shall report such absence to the City physician who shall make such
investigation of the alleged illness or disability, as he deems proper.
The City physician shall promptly transmit to the employee's department
head his finding as to whether or not the sick leave privilege is
being abused. Employees whose absences require certification shall
not be entitled to sick leave with pay without furnishing such certification
either from the City physician or his private physician.
(5)
A record of frequent absences shall be cause for investigation
of each subsequent absence by the City physician at the request of
the department head. The City physician shall report to the department
head whether or not each such absence justifies the use of sick leave.
Employees whose absences are found to be not certifiable as being
caused by sickness or disability shall not be entitled to sick leave
with pay.
C.
Sick leave extension. Where an employee, because of
sickness or disability, is required to remain away from his employment
beyond the maximum normal sick leave entitlement accrued to his credit,
such an employee may be granted additional sick leave extension at 1/2
pay up to but not in excess of 60 calendar days. Such sick leave extension
may be granted upon certification by the City physician or the employee's
private physician, specifying the additional time required by such
employee at the request of the employee or any person on his behalf
in writing. Such request for additional sick leave extension, together
with the doctor's certification, shall be filed with the employee's
department head and approved by the City Manager before such extension
is granted. Prior to the use of sick leave granted by any extension,
charge will be made against any vacation, personal or other leave
balances credited to the individual. In no event shall the total sick
leave with pay exceed 180 days in any one calendar year.
A.
The following regular holidays with pay shall apply
to nonrepresented permanent employees:
[Amended 7-15-2008 by Ord. No. 144-2008]
|
New Year's Day
| |
|
Martin Luther King's Birthday (on date celebrated)
| |
|
Presidents' Day
| |
|
Floating Holiday
| |
|
Memorial Day (on date celebrated)
| |
|
Independence Day
| |
|
Labor Day
| |
|
Columbus Day (on date celebrated)
| |
|
Veterans Day
| |
|
Thanksgiving Day
| |
|
Thanksgiving Friday
| |
|
Christmas Day
|
B.
In the event that any of the aforementioned legal
holidays falls on a Sunday, employees shall be granted the following
Monday as a day of leave with pay. In the event that any of the aforementioned
legal holidays falls on a Saturday, 1/2 of the employees shall
be granted a holiday with pay on the Friday preceding said date and 1/2
of the employees shall be granted such other day of leave with pay
as may be convenient to the department head.
A.
Any employee who is absent from duty because of occupational
injury or disease, as defined by the Worker's Compensation Law, may,
pending ajudication of his case, be granted leave with full pay, commencing
from the first day of disability, for a period not to exceed cumulatively
six months (130 working days) without charge against the employee's
accumulated sick, vacation or personal leave credits.
B.
Notice of occupational injury or disease should be
given to the employee's department head or, in case of a department
head, to the City Manager within 48 hours after the accident causing
such injury or illness, or within 48 hours after the employee should
reasonably have discovered such injury or illness.
C.
If approval for leave at full pay is not granted,
the employee's absence from work due to alleged occupational injury
or illness shall be charged against accrued sick leave, personal leave
and vacation leave, in that order. If the Worker's Compensation Board
subsequently finds in favor of the employee, then accrued sick leave,
personal leave or vacation leave credits used by the employee to cover
the absence shall be restored to him.
D.
Sick and vacation leave credits shall not be earned
for periods that an employee is on worker's compensation leave without
pay.
A.
Any nonrepresented permanent, full-time or part-time
employee may be granted upon the approval of the department head or,
in the case of a department head, approval of the City Manager a leave
of up to four workdays with pay on account of each death of a member
of the employee's immediate family. The "immediate family" is defined
as follows: grandparent, brother, sister, spouse, child, father or
mother of the employee or of his spouse or any relative of the employee
or his spouse living in the same dwelling with the employee.
B.
In the event of critical or serious illness of a member
of an employee's immediate family, leave with pay up to four consecutive
working days may be granted upon certification by the employee's private
physician or the City physician that the employee's presence at the
bedside of the critically or seriously ill member of the immediate
family was absolutely essential to the treatment, care and possible
recovery of the ill person from a medical or therapeutic standpoint.
Such certification may be approved by the employee's department head
or, in the case of a department head, by the City Manager. Such period
of leave with pay may be extended to a maximum of 10 working days,
provided that any excess above four consecutive working days shall
be charged either to accrued vacation or personal leave as the employee
may request.
Upon furnishing proof satisfactory to the department
head or, in the case of a department head, to the City Manager of
the necessity for jury duty or court attendance for other than personal
matters, a leave of absence with pay shall be granted to any regular
full-time or part-time employee so affected. Employees granted jury
leave shall pay the City all earnings received for jury duty.
Any employee who desires or is required to observe a religious holy day, which is not a holiday specified in § 52-22, by absenting himself from work, shall be entitled to such absence. Such absence with pay shall be charged to vacation or personal leave.
Full-time nonrepresented employees are entitled
to three personal leave days with pay in any one calendar year. Personal
leave days must be scheduled in advance and be approved by the department
head or, in the case of a department head, by the City Manager. The
department head or the City Manager shall have the right, in his sole
discretion, to reschedule personal leave days. Personal leave days
may be scheduled in half-day increments.
[Added 7-17-1990 by Ord. No. 170-1990; amended 6-19-2018 by Ord. No. 2018-112]
Effective January 1, 1990, the Commissioner
of Human Resources may approve reimbursement by the employer of tuition
up to 50% for courses taken by nonrepresented employees under the
following circumstances:
A.
Courses for which tuition reimbursement is sought
must be approved in advance by the Commissioner of Human Resources
as being job-related to the position held by the nonrepresented employee
applying for such reimbursement.
B.
The Commissioner of Human Resources may set standards
and limits for minimum grades that must be achieved and maximum course
costs for reimbursement.
C.
The nonrepresented employee must successfully complete
a course prior to filing for actual reimbursement.
D.
When filing for reimbursement, the nonrepresented
employee shall submit such proofs of course cost, content and grade
received as required by the Commissioner of Human Resources.
E.
A nonrepresented employee who resigns, retires or
otherwise terminates employment with the City of New Rochelle shall
reimburse the City for tuition payment made to him/her for courses
completed within one year prior to such resignation, retirement or
other termination of employment. The City reserves the right to withhold
such tuition reimbursement from any payments which are due the nonrepresented
employee upon a separation from the employ of the City.
F.
The total amount of City tuition reimbursement that
may be approved for nonrepresented employees as a whole shall not
exceed $3,000 per year.
